Project Planner: Lillian VanHua, AICP, Senior Planner
LAND USE:
General Plan Designation: Milpitas Metro Specific Plan (MMSP) Specific Plan Designation : High-Density Transit Oriented Residential (HD-TOD) Zoning District : Multiple-Family High-Density with Transit Oriented Development Overlay (R3-TOD)
ENVIRONMENTAL: The Project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15183.3(b) (Residential Infill) . A s a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15182 (Projects pursuant to a Specific Plan).
EXECUTIVE SUMMARY
The City of Milpitas received an application from Toll Brothers (applicant) requesting a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to allow the development of a 78-unit townhome condominium subdivision, comprised of 13 multi-family buildings up to 36-feet-4-inches in height, 191 parking spaces, and associated site improvements on a 4.1-acre site located at 675 Trade Zone Boulevard and 1951 Tarob Court in the Trade Zone/ Montague Subdistrict of the Transit Area Specific Plan (TASP) area. The application was submitted in accordance with California Senate Bill 330, also known as the Housing Crisis Act of 2019.
The Project consists of eight two-bedroom, 18 three-bedroom, 52 four -bedroom townhome condominium units. All 78 townhome units will have an attached two-car garage. 12 of the four- bedroom units will also have a ground-floor, attached accessory dwelling unit (ADU). All ADUs will be studio units. Twelve of the townhome condominiums ( one two-bedroom, three three - bedroom, and eight four-bedroom townhomes) will be reserved for moderate-income households (below 80% Avg. Median Income) to fully comply with the City's Affordable Housing Ordinance.
Since the applicant is restr icting the sale of more than 10% of the housing units to moderate- income residents, the Project qualifies for concessions, waivers, and parking reductions under the State Density Bonus Law.
The proposed Project requires approval of five entitlements, as follows:
1. Site Development Permit No. SD22-0006: To allow the development of 13 multi-family buildings, up to three stories in height, with up to 78 townhouse condominiums and 12 accessory dwelling units on the 4.1-acre site; and
2. Conditional Use Permit No. UP22-0002: To allow residential units as condominiums and associated subdivision; and
3. Vesting Tentative Map No. MT22-0002: To establish 78 residential condominium spaces, related common areas, and associated easements; and
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4. Density Bonus Permit No . DB22-0001: To ensure compliance with State Density Bonus law and regulations; and
5. Tree Removal Permit No . TR22-0006: To remove 55 ordinance-sized trees and replace them with 196 new trees.
Although not an entitlement, Environmental Assessment No. EA22-0003 was prepared to establish CEQA compliance.
Staff has found the required entitlements comply with the policies, standards, and processes outlined in the State Density Bonus Law, the City of Milpitas 2040 General Plan, the Transit Area Specific Plan (TASP), the Zoning Ordinance, and other provisions of the Milpitas Municipal Code (MMC), and recommends that the Planning Commission open and close the public hearing, consider the exemptions in accordance with CEQA and adopt Resolution No. 22-029, recommending approval of the Project to the Milpitas City Council, subject to the conditions of approval. The balance of this report provides specific details regarding the Project.
BACKGROUND
History
Currently, the project site has two industrial buildings (one approximately 67,082-square feet and the other 110,984-square feet). Light industrial uses have operated within these two buildings for approximately 30 years. However, in mid -2015, the surrounding neighborhood began transforming into multi -family residential uses, consistent with the transit-oriented vision established by the TASP , which was adopted in 2008 . The planned extension of South Milpitas Boulevard, including a new bridge over Penitencia Creek, will provide a direct connection to the Milpitas Transit Center from this neighborhood. New trails will provide connections for bicyclists and pedestrians and to local parks.
The project site is located within the Trade Zone/Montague Sub -District of the TASP. This sub- district is located east of Montague Expressway and south of Capitol Avenue, extending to the city limits on Trade Zone Boulevard and Lundy Place. On the Tarob Court side of the sub-district, the TASP envisions a moderate-to-high density residential area, with ample green space in the form of a large park and trails along Penitencia Creek. The Capitol Avenue and Montague Expressway portions of the sub-district are intended to be lined by mid-rise and high-rise mixed-use buildings that buffer the adjacent residential uses from noise and traffic.
In March 2020, the City initiated an update to the TASP and rebranded this effort as the Milpitas Metro Specific Plan (MMSP). The MMSP will continue to manage the transformation of high- density residential neighborhoods into vibrant transit-oriented communities with a mix of housing, retail, entertainment, and employment uses and a safe and attractive network of parks and trails.
The continued redevelopment of Tarob Court is highlighted in the MMSP.
In November 2021, Toll Brothers submitted a preliminary application pursuant to California Senate Bill 330 (SB 330) for a 78-unit townhome subdivision. The development will also include 12 ground-floor accessory dwelling units (ADUs) In May 2022, Toll Brothers submitted a formal application for the same townhome housing development. The proposed project will complement the other multi -family residential townhome project (Parkside) recently completed by Toll Brothers in the vicinity. KB Home is also expected to begin construction soon on a 32-unit townhome project on the adjacent parcel at 2001 Tarob Court. 128
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California Senate Bill 330 (Housing Crisis Act)
California Senate Bill 330 (SB 330) is a statewide bill intended to reduce the time to approve housing developments in California. It became effective on January 1, 2020, and Senate Bill 8 (SB 8) recently extended the Act through January 1, 2030 . Under SB 330, eligible projects receive enhanced streamlining and vesting opportunities by filing a preliminary application. Those benefits include:
• Freezes the ability of local governments to downzone, adopt new development standards, or change land use in residential and mixed-use areas if the change results in less-intensive uses.
• Allows developers to request approval of housing developments that exceed density and design controls of the underlying zoning if the existing zoning conflicts with the General Plan or a Specific Plan.
• Expedites the permitting process for all housing development and limits the list of application materials that cities can review.
Through the Housing Accountability Act, the state requires a local jurisdiction to approve housing consistent with applicable, objective land use standards. Under the State Density Bonus Law, the state also requires a local jurisdiction to approve waivers and concessions for projects that meet certain affordability requirements. Consistent with state law, planning staff has determined that the Project is consistent with applicable, objective land use standards as provided under SB 330 and meets the requirements for waivers and incentives/concessions under the State Density Bonus Law. A local gov ernment agency can deny an eligible housing project only if there is strong evidence that denial is the only way to avoid an adverse impact on public health and safety.
PROJECT DESCRIPTION
Overview
The Project consists of 78 townhome condominium units, 12 attached accessory dwelling units , and associated site improvements, including private alleyways and outdoor amenity spaces. The townhomes will range from 1,256 to 2,211 square feet in size. Six of the four-bedroom townhomes will include a 2 87-square foot attached accessory dwelling unit (ADU) and the other six four - bedroom townhomes will include a 362-square foot attached accessory dwelling unit. The Project also provides 191 vehicle parking spaces (156 spaces within a garag e, 35 surface spaces on-site for visitors). The applicant will also designate 12 affordable townhomes to comply with the City’s affordable housing requirement.
The Project is eligible for certain concessions, waivers, and parking incentives under State Density Bonus Law (Gov. Code § 65915 et seq. ) because more than ten percent (10%) of the total townhome units will be reserved for moderate-income households, making the units affordable.
The “Project Analysis” section of this staff report inc ludes a full discussion of the State Density Bonus provisions related to this Project.
Location and Context
The Project is located on a 4.1-acre site on the north side of Trade Zone Boulevard between Tarob Court and Journey Street. Figure 1 shows the location of the proposed Project:
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Figure 1 – 675 Trade Zone Boulevard and 1951 Tarob Court
The property is located within the Transit Area Specific Plan ( also known as the Milpitas Metro Specific Plan) area and zoned Multi-Family High-Density Residential with a Transit -Oriented Development Overlay (R3-TOD). Table 1 and Figure 2 below summarize the land use designation and surrounding uses of nearby properties:
Table 1: Surrounding Zoning and Land Uses
General Plan Zoning Existing Uses
Subject
Site
Milpitas Metro
Specific Plan
Multi-family
High-Density Residential (R3-
TOD)
Non-conforming
Light Industrial
North Milpitas Metro
Specific Plan
Multi-family
High-Density Residential (R3)
Non-conforming
Light Industrial
South City of San Jose City of San Jose Light Industrial East Milpitas Metro
Specific Plan
Multi-family
High-Density Residential (R3) Townhomes
West Milpitas Metro
Specific Plan
Multi-family
High-Density Residential (R3)
Townhomes and
auto service
N
Project Site
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Figure 2 – 675 Trade Zone Boulevard and 1951 Tarob Court (Zoning Map)
PROJECT ANALYSIS
This section will evaluate elements of the proposed Project for conformance with the Milpitas 2040 General Plan, the 2008 Transit Area Specific Plan, the Zoning Ordinance , and other provisions of the Milpitas Municipal Code, Senate Bill 330, and State Density Bonus Law.
General Plan Conformance
The General Plan designation for the project site is Milpitas Metro Specific Plan (MMSP), but since City Council has not yet formally adopted the MMSP, the TASP development standards currently apply. The MMSP and TASP standards intend to facilitate the development of higher intensity, mixed -use neighborhoods near the Milpitas Transit Center and encourage walking, biking, and alternative modes of transportation for residents and employees in the immediate area.
The Project is in conformance with the applicable policies and standards in the City's General Plan, as outlined in Table 2:
Project Site
N
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Table 2: General Plan Consistency
Policy Conformance
Policy LU 1-4: Continue to provide for a
variety of housing types and densities that
meet the needs of individuals and families
and offer residents of all income levels, age
groups, and special needs sufficient housing
opportunities and choices for locating in
Milpitas.
Consistent. The Project provides townhome
condominiums and accessory dwelling units.
This variety of housing types will meet the
needs of individuals, families, and residents of
all demographics and income levels . The
project, as proposed, consists of 78 townhome
condominiums and 12 ADUs , ranging from
studios to four bedrooms. 12 of the residential
units will be reserved for moderate -income
households.
Policy LU 5-1: Require new development and
redevelopment to be compatible,
complementary and, where appropriate, well
integrated with existing residential areas.
Integrate new large-scale development
projects into the fabric of the existing
community rather than allowing projects to
be insular and self-contained, walled off, or
physically divided from surrounding uses.
Improve connectivity between neighborhoods
and services with new development. Tie
circulation systems and open spaces into
existing streets and open spaces. Reduce
unnecessary barriers and improve
connections between neighborhoods and
services by retrofitting existing development
over time as area improvements or
redevelopment occurs.
Consistent. The Project, as proposed, is well
integrated with the existing residential
developments along Lundy Place and Tarob
Court, as the project has a similar architectural
style, building height, multi -family product,
and site layout. Additionally, the project will
gain ingress and egress from both Tarob Court
and Journey Street via new driveway curb cuts,
and as a result, the project will blend
seamlessly into the fabric o f the existing
community. The project will also be
compatible and complementary to future high-
density residential development planned for
other parcels on Tarob Court which are
currently developed with light industrial uses
but are zoned for redevelopment as similar
high-density residential uses.
Policy LU 5-3: Ensure new development is
consistent with specific height limits
established within the City's Zoning
Ordinance as applied through the zoning
district for all properties within the City.
Consistent. The Project meets the height
standards by proposing three-story buildings ,
up to 36-feet-4-inches in height, in a zoning
district that allows a maximum height of 50
feet. The Project's height is consistent with the
recently entitled townhome project at 2001
Tarob Court, which will have buildings up to
50 feet in height.
Transit Area Specific Plan Conformance
The TASP/MMSP land use designation for the Project is High -Density, Transit-Oriented Residential. This designation provides for medium-density residential uses within the Trade Zone/Montague Subdistrict. As demonstrated in Table 3, the Project is consistent with the applicable TASP/MMSP land use policies.
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Table 3: TASP/MMSP Consistency
Policy Conformance
Policy 3.4: Provide a variety of housing types for
different types of house holds, different income
levels, different age groups, and different life -
styles.
Consistent. The Project provides
townhome condominiums and accessory
dwelling units. This variety of housing
types will meet the needs of individuals,
families, and residents of all
demographics and income levels.
Policy 3.2: Affordable housing units should be
provided with new housing developments.
Determine affordable unit requirements on a
project-by project basis, considering the size of the
project, the location of the site, and the mix of
affordable units in the Midtown Area. Allow
housing developments of 12 units or less to pay a
fee in lieu of providing affordable units.
Consistent. The Project conforms to the
City’s Affordable Housing Ordinance and
will designate 12 out of the 78 townhome
units, or fifteen percent (15%) of the base
number of units, for moderate-income
level individuals or households.
Policy 3.3: Affordable housing should be
integrated into all residential projects.
Consistent. The Project will provide
affordable housing through inclusion and
design. The applicant will restrict 12
residential units for sale to moderate-
income individuals or households and
integrate accessory dwelling units into 12
townhome condominiums, providing
options in housing.
Zoning Conformance
The project site is zoned R3 Multiple -Family High Density Residential with a Transit -Oriented Development (-TOD) Overlay. As demonstrated in Tables 4 and 5, the project is consistent with most of the applicable development standards for the R3 Multiple -Family High Density Residential Zoning District and TASP/MMSP area. Where the project is not in compliance with objective standards , t he State Density Bonus Law requires the City to grant appropriate concessions, waivers, and parking reductions for qualifying projects.
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Table 4: Summary of TASP R3-TOD Development Standards
Development
Standard
(R3-TOD)
Required Proposed Conformance
Density 21-40 du/ac 22 du/ac; 90
units total Yes
Front yard
Setback
8 foot-15 foot (max.) from back of
sidewalk 15 feet Yes
Side Yard
Setback
15 foot (min.), 20 foot over three
stories when abutting residential 15 feet Yes
Rear Yard
Setback
15 foot (min.), 20 foot over three
stories when abutting residential 15 feet Yes
Height 75 feet 36-feet-4-inches Yes
Private Open
Space
An average of 200 SF of usable open
space shall be provided for each
dwelling unit. Balconies, porches, or
roof decks may be considered usable
open space when properly developed
for work, play or outdoor living areas.
At least thirty (30) percent of required
open space shall be contiguous to and
provide for private usable open space
of the individual dwelling unit.
200 x 78 = 15,600 SF = 0.36 acres
Each dwelling unit shall be provided
with private open space as follows:
- Balconies and porches (above
ground level): minimum 60 SF; or
- Patios (at ground level):
minimum one hundred square feet.
Private open
space (balconies)
= 22,330 SF =
30% of 44,295 +
11,250 SF decks
and porches
Total private
open space =
286.3 SF/ unit
Private balconies
provided for
each unit.
Yes
Landscaping
A minimum of twenty-five percent
(25%) of the total lot area shall be
landscaped or recreational open space,
exclusive of parking and vehicular
traffic area.
25% x 4.1 = 1.03 acres/44,295 SF
required
52,870 SF or 1.2
acres (29%) Yes
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In addition, projects located in the TASP/MMSP area must comply with the additional development and design standards outlined in Table 5:
Table 5: Additional Development Standards Applicable in the TASP/MMSP
Standard Proposed Conformance
Projections
into Required
Yards
Porches, stairs, balconies, bay
windows, and awnings may
project up to six feet into required
setbacks.
Porches, stairs,
balconies, bay
windows and
awnings project
under 6’ into
required setbacks
Yes
Building
Orientation
and Entrances
Building must face the street, and
primary building entrances must
be oriented toward the street.
Buildings
generally face
Tarob Court
which is the
Project’s primary
street frontage
Yes
Vehicle
Parking
Two to Three Bedroom – 42
spaces
Four+ Bedroom – 135 spaces
Guest Parking – 35 spaces
Total – 212 spaces
(146 covered, 66 uncovered)
156 resident
spaces
35 guest spaces
191 total
(156 covered, 35
uncovered)
Yes,
with approval of a
Density Bonus
waiver
Bicycle
Parking
On-street guest racks equivalent to
five percent (5%) of the parking
requirement.
Ten (10) bicycle parking spaces
Ten (10) bicycle
parking spaces Yes
Parking
Location
Parking must be located so that it
is not visible from the street.
78 private garage
entrances face the
interior drive aisle
Yes
Parking
Garages
attached to
individual
units
Garages may not occupy more
than 50% of Ground Level
Frontage facing street.
No parking
garage is facing
the street
frontage.
Yes
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Standard Proposed Conformance
Parking
Access and
Curb Cuts
Maximum two curb cuts per lot
per street frontage
Two curb cuts
along Journey
Street and one on
Tarob Court
Yes
Park Acreage
Requirements
0.08 acres (after payment of
TASP/MMSP fee) 0.34 acres Yes
State Density Bonus Law
To encourage affordable housing production, the State Density Bonus Law (Gov. Code § 65915 et seq.) allows developers to receive a density bonus and other incentives, such as concessions, waivers, and parking reductions, when affordable housing is incorporated within a project. The Density Bonus is a state mandate, and any Project that meets the requirements of the state law is entitled to receive the incentives associated with it.
The applicant may request waivers and concessions under the State Density Bonus Law because the Project reserves more than 10 percent of total units as affordable units for moderate -income households. The Project includes 12 affordable units, which satisfies the 15 percent total units required under the City’s Affordable Housing Ordinance . The City must gran t any waivers and concessions requested by the applicant for a qualifying project under the State Density Bonus Law.
Table 6 outlines the waivers and parking reductions requested for the proposed Project.
Table 6: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant
Request Justification Discretion
Waiver(s) Number of
Compact
Parking
Spaces
A request to
construct 17 of the
35 onsite guest
spaces (49%) as
compact stalls,
when a maximum
of 40% is allowed
per MMC.
A greater number
of compact stalls is
necessary in order
to provide the
required number of
guest spaces.
This waiver is
allowed under
State Density
Bonus Law and
must be granted
by the City.
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Type of
Modification Standard Applicant
Request Justification Discretion
Waiver(s) 90-Degree
Stall Depth
To construct 90-
degree guest
parking stalls with
a stall width of 9
feet and stall depth
of 16 feet, where 9
feet and 18 feet are
required
A reduction in the
90-degree guest
parking stall depth
is necessary in
order to physically
construct the
proposed
development.
This waiver is
allowed under
State Density
Bonus Law and
must be granted
by the City.
Parking
Waiver
Vehicle
Parking
Reduction
To provide 191
vehicle parking
spaces when 212
vehicle parking
spaces are required
per MMC.
The State Density
Bonus Law
provides a
reduction in the
minimum parking
requirements for
qualifying projects
A waiver of
minimum parking
standards is
allowed under
State Density
Bonus Law and
must be granted
by the City.
Off-Street Parking Standard Waivers
MMC Section XI-10-53.07(B) allows parking areas and garages containing ten (10) or more stalls serving multi-family residential uses within the R3 zones up to 40% of the required and non - required stalls to b e designated as compact stalls. This equates to a maximum number of 14 compact stalls. MMC Section XI -10-53.13(B)(2)(b) also states that compact parking stalls shall be dispersed throughout the parking lot and not concentrated to discourage oversized vehicles from using the stalls. However, the applicant has proposed 17 compact guest stalls, with 14 of the stalls clustered together in a row along Court C. A greater proportion of compact stalls, as well as the grouping of the stalls together, are necessary in order to provide the required number of guest spaces and facilitate the physical construction of the proposed development.
Additionally, MMC Table XI -10-53.13-1 requires 90 -degree parking stalls to be nine -feet wide and 18-feet deep. However, the applicant has proposed to construct the 90 -degree parking stalls at a stall width of nine-feet wide and 16-feet deep. A reduction in the 90-degree guest parking stall depth is necessary in order to physically construct the proposed development and provide the required number of guest spaces.
Parking Incentives
Under the State Density Bonus Law, an applicant who qualifies for a density bonus may propose reduced parking standards. Projects located in the TASP area typically require 1.6 to 2.0 ve hicle parking spaces for each two- and three-bedroom unit. The project must also provide an additional 20% vehicle parking for guests. However, under State Density Bonus Law and upon a developer's request, the City must allow a reduction in vehicle parking, as shown in Table 7.
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Item # 7.
Table 7: Maximum Parking Requirements (under State Density Bonus Law)
Type of Unit (or Guest Parking) Number of Vehicle Parking Spaces Accessory Dwelling Units Zero space (if within one-half mile of walking distance of public transit)
Studio and One Bedroom One space
Two-Bedroom and Three-Bedroom 1.5 spaces
Four-Bedroom 2.5 spaces
Guest Parking Zero spaces
The applicant has requested reduced parking standards and has proposed to provide the following, as demonstrated in Table 8.
Table 8: Parking Analysis (under State Density Bonus Law)
Land Use Unit
Count Rate
Maximum
Spaces
Required
Spaces
Provided Notes
Two-bedroom
and Three-
bedroom
26 1.5 / unit 39 52
Four- bedroom 52 2.5 / unit 135 104
ADU 12 0 / unit 0 0
Guest Parking N/A 0 35
Included as part of the total
number of parking spaces
required under the State
Density Bonus Law
Total 174 191
As noted in the Project Description, each two-bedroom and three-bedroom unit will include a two- car garage , and each four-bedroom unit will also include a two -car garage. In addition, 35 additional surface parking spaces will be provided for guests along internal Street B, Street C, and Court C, making a total of 191 vehicle spaces and consistent with the reduced parking standard under the State Density Bonus Law.
Subdivision Ordinance
The Project's form, content, and dedications of the proposed tract map have been reviewed by the City of Milpitas Engineering Department and deemed consistent with the provisions of MMC Section XI-1-4 (Tentative Map s), as outlined in Resolution No. 22-029. Tentative Maps require approval of a Resolution by the Planning Commission re commending final approval by the City Council.
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Item # 7.
Architectural Design
The Project's design concept includes three-story building heights consistent with existing and planned residential development along Tarob Court and Journey Street. The contemporary design includes the following design accents and materials:
• Roof: Composition Shingle
• Exterior: Stucco Finish with Fiber Cement Siding and Hardie Panel Siding
• Accents: El Dorado Stone, and Metal Railings
• Window/Door Trim: Fiber Cement Trim
• Entry Door: Contemporary Front Entry Door with Sidelite • Garage Door: Cloplay Steel Garage Door with Contemporary Slim Windows
The Project conforms to the Transit Area Specific Plan design guideli nes, which require orientation of the building to the street, well -articulated exterior walls with consistent style and materials, muted colors for primary building walls with richer accent colors , and integrated parking. Furthermore, the Project has a sim ilar architectural style to the Parkside development located across the street on Tarob Court. A rendering of the Project is shown in Figure 3.
Figure 3 – Proposed Project Facing South towards Trade Zone Boulevard
The applicant has provided an exhibit with proposed colors and materials for review by City staff and the Planning Commission, as demonstrated in Figure 4.
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Item # 7.
Figure 4 – Colors and Materials Board
Tree Removal and Landscaping Requirements
The Project includes removal of 95 existing trees, including 55 protected trees, from the project site. Pursuant to MMC Title X, Chapter 2 (Tree Maintenance and Protection), the project will plant two replacement trees for every one protected tree that is removed, or 110 new trees planted o n the site. The Project will be p lanting 196 new trees on site. Other new landscaping will include various shrubs, grasses, and vines (New Zealand Flax, Manzanita, Reed Grass, and Creeping Fig) as demonstrated in Figure 5.
Figure 5 – Landscape Plan
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Item # 7.
Parkland and Open Space Requirements
The TASP requires all new developments to provide 3.5 acres of parkland for every 1,000 persons or payment of park in-lieu fees, as allowed by MMC Section XI-1-9 (Improvements: Dedication of Land or Payment of Fee or Both, for Recreational Purposes). The Parkland Fee is based upon the estimated number of persons expected to reside in the development (per U.S. Census definitions) and the estimated value of parkland in the City of Milpitas (currently $2,787,840 per acre).
The City estimates 2.49 people will occupy each unit. The Project proposes 78 units, resulting in an estimated population of 194 persons. Based on this population estimate, the applicant must provide 0.68 acres of parkland, equivalent to approximately $1,895,090.
All projects in the TASP area are required to pay a Transit Area Development Impact Fee (TADIF). A portion of that fee pays for parkland. The park portion of the TASP fee for this project is valued at $1,682,023.98, equivalent to 0.6 acres of parkland. This amount will be applied to the Project's parkland requirement, leaving a delta of 0.08 acres to be satisfied.
To satisfy the 0.08-acre delta, the applicant has incorporated 0.34 acres as private recreation space on-site, as permitted by MMC Section XI-1-9. For example, each townhome has private balconies totaling 22,330 square feet. In addition, t he Project includes an additional 52,870 square feet of on-site residential open space. The parkland requirement is met by designing these elements into the project, as demonstrated in Table 9 below.
Table 9: Parkland Requirements Analysis
Toll Brothers Townhomes Proposed 78
Toll Brothers Townhomes Population Estimate
(2.49 persons/unit per Census) 194 persons
TASP Parkland Requirement 3.5 acres/1,000 people or
equivalent fees-in-lieu
Total Parkland Acreage or In-Lieu Fee Required 0.68 acres / $1,895,090 Amount Satisfied Through TASP Fees (Acreage/Dollars) 0.6 acres / $1,682,023.98 Remaining Parkland Acreage or In-Lieu Fee Required 0.08 acres / $231,066.02 Private Recreation/Open Space Included in the Project 0.34 acres Balance of Parkland Acreage or In-Lieu Feed Due 0.00 acres / $0
Accessory Dwelling Units
The Project includes 12 attached ADUs located on the ground floor of 12 four-bedroom townhome condominiums. Each integrated ADU is designed as a studio unit with a living/sleeping area, bathroom, kitchenette, and separate front door entrance, as demonstrated in Figure 6 below. 141
Item # 7.
Figure 6 – Townhome/ADU Floor Plan
Although the proposed ADUs are considered residential units (for density purposes), their integral design limits the City’s ability to charge development fees (such as TADIF or Park-In Lieu Fees).
Per Government Code Section 65852.2. (f)(3)(A), A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Six of the proposed ADUs will be approximately 287 square feet in size and the other six proposed ADUs will be approximately 362 square feet in size, thus qualifying for the impact fee exception under State law.
Affordable Housing Ordinance
According to MMC Section XII -1-3.00 (Affordable Housing), the applicant must reserve fifteen percent (15%) of the total number of dwelling units within the development as affordable units .
The applicant proposes to meet the City’s affordable housing requirement by reserving twelve units on-site for moderate -income households. The project has be en conditioned to execute an agreement imposing appropriate ownership controls on the affordable units.
Traffic and Access
Vehicular access to the project site will be provided two driveways with direct ingress/egress from Journey Street and one driveway with direct ingress/egress from Tarob Court. An internal private street grid will provide access to 78 private residential garages with a total of 156 vehicle parking spaces. In addition, 35 guest parking spaces will be provided along Street B, Street C, and Court C, including two ADA-compliant spaces and three electric vehicle (EV) parking spaces. The EV parking spaces will provide full charging facilities.
Grading
The proposed Project would result in the demolition of all existing structures , paving, and landscaping on the subject site. In addition, the applicant would import 16,100 cubic yards of fill to pad the site and increase the finish grade heights to meet flood zone requirements.
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Item # 7.
Utilities
The project site is located in an urban area and is currently served by existing utilities, including water, sanitary sewer, storm drainage, electricity, and telecommunications infrastructure. All public utilities will be provided to the Project site.
Climate Action Plan
The City of Milpitas Climate Action Plan (CAP) was adopted in 2013 and include d Greenhouse Gas (GHG) reduction goals, policies, and actions for new and existing development projects. The Project would follow these goals and po licies by locating future residents near public transportation, jobs, restaurants, and services. The City recently adopted the Climate Action Plan Update on August 9, 2022. In addition, the Project would incorporate green building measures in compliance with CAL Green standard building measures for residential buildings and Title 24 requirements to reduce energy usage.
Development Fees
The Project is subject to the following impact fees:
TASP Impact Fee
The TASP impact fee is currently set at $47,550/unit for residential uses for the Fiscal Year 2022- 2023. Based on the development of 78 residential units, the estimated T ASP impact fee for this Project is $3,708,900 ($47,550/unit x 78 units). This fee is automatically adjusted each fiscal year in conjunction with the City 's annual budget process . The applicant must pay the fee before the issuance of building permits.
Parkland Impact Fee
A portion of the TASP impact fee includes a portion of the parkland in -lieu fee. Therefore, by paying the TASP impact fee and developing 0. 34 acres of public and private open space, the applicant will meet the parkland fee requirement without paying additional parkland fees.
Public Art Fee
The Project will comply with the City's Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI -10-14. This fee is currently set at one -half of one percent of building development costs. The proposed Project will pay the fee based on the construction valuation at the building permit issuance.
FINDINGS FOR APPROVAL
A finding is a statement of fact relating to the information that the Planning Commission has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action.
Vesting Tentative Map
To approve the Major Vesting Tentative Subdivision Map, the following findings must be made pursuant to Milpitas Municipal Code Section XI-1-20.01:
1. The tentative subdivision map is consistent with the General Plan.
143
Item # 7.
The General Plan designation for the project site references MMSP, but since City Council has not formally adopted the MMSP, the TASP development standards currently apply.
Both the MMSP and TASP standards intend to facilitate the development of higher intensity, mixed -use neighborhoods near the Milpitas Transit Center and encourage walking, biking, and alternative modes of transportation.
The TASP designates this project site as High Density, Transit Oriented Residential (HD- TOR). The intent of this designation is to provide high -density housing at a density range of 21 -40 dwelling units/acre. As this project proposes 2 2 dwelling units/acre, it is consistent with both the intended land use of the General Plan and the relevant density requirement. In addition, the Housing Element does not identify the project site for yielding affordable housing units. Therefore, there is no net loss of affordable housing opportunities.
Furthermore, the Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2.
2. None of the conditions identified in California Government Code Section 66474 exist, to wit:
A. The proposed map is not consistent with applicable general and specific plans as specified in Government Code Section 65451.
As outlined above, the Project includes the development of 78 residential condominium units at a density of 22 dwelling units/acre. The General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan land use designation applicable to the site (Milpitas Metro Specific Plan (MMSP), and High Density, Transit -Oriented Residential (HD -TOR)) permits residential development at densities of 21 to 40 dwelling units/acre. The map is therefore consistent with the General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan.
B. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
The Project proposes 22 dwelling units per acre, consistent with the 21-40 dwelling units per acre allowed by the general plan and correspon ding specific plans .
Additionally, the Project is consistent with the policies associated with the MMSP/TASP, as identified in Table s 3 and 5, except for vehicle parking, which is allowed per State Density Bonus Law.
C. The site is not physically suitable for the type of development.
The site is surrounded by property designated for high density, transit -oriented residential development under the City’s General Plan and zoned for this type of development under the Milpitas Metro Specific Plan/Transit Area S pecific Plan. In addition, this site is suitable for the higher density development based on the location, physical attributes, and proposed infrastructure improvements.
144
Item # 7.
D. That the site is not physically suitable for the proposed density of development.
The project site is within the MMSP/TASP specific plan designation of High Density, Transit Oriented Residential (HD -TOR), permitting residential development at 21 to 40 dwelling units/acre. The design will physically suit the site by providing required utilities, sufficient open space, and adequate residential living facilities.
E. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The Project, including the subdivision and its associated improvements , is located in an urbanized area and was previously developed as two industrial buildings. Therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
F. The design of the subdivision or type of improvements is likely to cause serious public health problems.
The Project, including the subdivision and its associated improvements, has been designed in a manner that will not cause serious public health problems. The Project has been reviewed by Build ing, Fire, Land Development, Traffic, Water, and Solid Waste Departments. As a result, i t has been determined that it can be adequately serviced to preserve public health and wellness.
G. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Upon review of the subdivision map, it has been determined that the design of the subdivision or the type of improvements will not conflict with any easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The subdivision does not involve the vacation of easements, however, the existing right-of-way will be abandoned and portions of the area will be retained for a Public Services Utility Easement (PSUE).
Site Development Permit
To approve the Site Development Permit, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.03(F):
1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.
The project’s site design is consistent with the MMSP/TASP development standards for the Trade Zone/Montague Sub-district. The project consists of 78 condominium units and associated site amenities on a 4.1-acre site. The building’s contemporary architectural design visually relates to and is compatible with the adjacent townhome projec ts along Tarob Court and Journey Street . Colors are earth tone shades of browns and grays with 145
Item # 7.
portions of yellow vertical siding . In addition, future residents will access g arages via private alleyways, similar to nearby residential developments.
2. The Project is consistent with the Milpitas Zoning Ordinance.
The proposed Project is consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 4. The proposed multi -family residential building is permitted in the R3-TOD Multiple-Family, High De nsity Residential Zoning District with a Transit Oriented Development Overlay. The project design conforms to the site and development standards of the R3-TOD zone.
The Project also conforms to MMC Section XI -10-54.015 (Density Bonus for Affordable Housing Developments) and XI -10-57.05 (Density Bonus Permits). Where exceptions from the R3-TOD standards are needed, the applicant has requested waivers and parking exceptions under the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and parking exception will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard.
3. The Project is consistent with the Milpitas General Plan.
The proposed Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2.
4. The Project is consistent with the Transit Area Specific Plan.
The proposed Project is consistent with the applicable policies and design guidelines of the TASP/MMSP, as demonstrated in Tables 3 and 5. As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to waivers and reduced parking requirements. The requested waivers and parking exception will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
Conditional Use Permit
To approve the Conditional Use Permit, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.04(F):
1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety and general welfare.
The Project will not be detrimental or injurious to property or improvements in the vicinity or public health, safety, or general welfare. The Project is consistent with other multi- family residential projects within the TASP and conditioned to preserve the health and wellness of future residents . In addition, t he cond ominium project creates housing opportunities and increases the diversity of housing types in the TASP are a by utilizing accessory dwelling unit provisions.
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Item # 7.
2. The Project is consistent with the Milpitas Zoning Ordinance.
The proposed Project is consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 4. The proposed multi -family residential building is permitted in the R3-TOD Multiple-Family, High Density Residential Zoning District with a Transit Oriented Development Overlay. The project design conforms to the site and development standards of the R3-TOD zone. T herefore, a conditional use permit is required to allow the subdivision of the proposed townhome units.
The Project also conforms to MMC Section XI -10-54.015 (Density Bonus for Affordable Housing Developments) and XI -10-57.05 (Density Bonus Permits). Where exceptions from the MXD3 standards are needed, the applicant has requested waivers and parking exceptions pursuant to the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and parking exception will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard.
3. The Project is consistent with the Milpitas General Plan.
The proposed Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2.
4. The Project is consistent with the Transit Area Specific Plan.
The proposed Project is consistent with the applicable policies and design guidelines of the TASP/MMSP, as demonstrated in Tables 3 and 5. As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to waivers and reduced parking requirements. The requested waivers and parking exception will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
Density Bonus Permit
To qualify for a Density Bonus Permit, the following standards must be met pursuant to Milpitas Municipal Code Section XI-10-54.15(D):
1. The maximum allowable base density specified in the General Plan, including any other permitted increases to density.
The proposed Project includes 78 townhome condominiums and 12 accessory dwelling units, equaling to 22 dwelling units per acre, meeting the General Plan density allowed in the immediate area.
2. All affordable units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-affordable units in the project, and shall be comparable with the non -affordable units in terms of appearance, materials and finished quality. The Planning Commission may recommend to the City Council and/or Redevelopment Agency modifying the requirements as to unit size or type, if it is found that such a modification would better serve the affordable housing need of Milpitas. 147
Item # 7.
The applicant has proposed one two-bedroom, three three-bedroom, six four-bedroom, and two four -bedroom with ADUs as affordable units reserved for moderate-income households, in order to meet the requirement to develop fifteen percent (15%) of the total residential units into affordable units, which equates to 12 units. The approximate locations for the proposed 12 units have been identified and app roved by the Housing Department as being adequately dispersed throughout the site.
3. Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder's Off ice the City's Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation.
The Project has been conditioned to provide an agreement to the City of Milpitas explaining the affordability requirements, processes and procedures, to the satisfaction of the Milpitas City Attorney prior to the release of any Certificate of Occupancy.
4. Retaining Affordability. A developer shall agr ee to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for thirty (30) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
Prior to final building inspection and occupancy for the Project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements , including continued affordability for moderate -income households. The agreement shall be approved by the Milpitas City Attorney prior to recordation.
5. Affordable Rents. Those units targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income. Those units targeted for very low-income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income.
The standard is not applicable to the Project, as the Proj ect is creating townhome condominiums for sale, rather than for rent. Affordability provisions will be assessed on the sale of the individual condominium.
6. Relation to Statute. Density bonus requirements not specified in these regulations shall be governed by the State Density Bonus Law, Government Code section 65915, et seq.
The developer has identified and requested bonus incentives held within the State Density Bonus Law, and the Planning Department supports this request.
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Item # 7.
ENVIRONMENTAL REVIEW
An environmental assessment was conducted according to the California Environmental Quality Act of 1970 (CEQA), as amended, and state and local guidelines implementing CEQA. The proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15183.3(b) (Residential Infill). An exemption is the appropriate CEQA determination for the proposed project.
Exhibit 2 of Exhibit A of the Resolution for the proposed Project is a memorandum demonstrating compliance with CEQA Guidelines Section 15183.3(b).
As a separate and independent basis, the project is also exempt from further CEQA review pursuant to CEQA Guidelines Section 15182 (Projects Consistent with a Specific Plan) because the project is a residential project that is generally consistent with Transit Area Specific Plan (Milpitas Metro Specific Plan. Therefore, no further environmental review is required.
PUBLIC COMMENT/OUTREACH
Staff provided public notice of the application in accordance with City and State public noticing requirements. At the time of publishing this report, no public comments have been received. A notice was published in the Milpitas Post on December 2, 2022. In addition, notices were sent to all owners and occupants within 1000 feet of the project site. A public notice was also posted at the project site, on the City 's Website, www.milpitas.gov, and at City Hall. Lastly, the project description, project plans, and CEQA exemption memo were posted to the City’s Website as an “Online Public Forum.”
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Open the Public Hearing to receive comments;
2. Close the Public Hearing;
3. Consider the exemptions in accordance with CEQA; and
4. Adopt Resolution No. 22 -029, recommending that the City Council approve Site Development Permit No. SD2 2-0006, Conditional Use Permit No. UP22-0002, Vesting Tentative Map MT22-0002, Density Bonus Permit No. DB22-0001, Tree Removal Permit No. TR22-0006 and Environmental Assessment No. EA22-0003, subject to the Conditions of Approval.
ATTACHMENTS
A: Resolution No. 22-029 with Conditions of Approval
B: CEQA Memorandum
C: Project Plans
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Item # 7.
CITY OF MILPITAS
Planning Commission
December 14, 2022 Planning Commission Meeting Minutes Page 1
MEETING MINUTES
7:00 PM
Wednesday, December 14, 2022
CITY COUNCIL CHAMBERS
455 E CALAVERAS BLVD, MILPITAS, CA
and
via TELECONFERENCE (Zoom Webinar)
CALL TO ORDER Chair Chuan called the meeting to order at 7:00 PM.
PLEDGE OF
ALLEGIANCE
Commissioner Galang led the pledge of allegiance.
ROLL CALL Recording Secretary Elizabeth Medina called the roll.
PRESENT: Chair Chuan, Vice Chair Ciardella, Commissioners Albana, Galang, Awasthi, and Medina-Ashby
ABSENT: Mohsin
STAFF: Ned Thomas, Michael Mutalipassi, Kevin Riley, Jane Lin, Christina Paul, Michael Fossati, Bill Tott, Elizabeth Medina
CONFLICT OF INTEREST
DECLARATION
City Attorney Michael Mutalipassi asked if any member of the Commission had any personal or financial conflict of interest related to any of the items on the agenda and there were none.
APPROVAL OF THE
MEETING AGENDA
By motion, approve the meeting agenda for December 14, 2022.
Motion/Second Awasthi/Medina-Ashby
Motion carried by a vote of AYES: 6 NOES: 0
APPROVAL OF THE
MEETING MINUTES
By motion, approve the meeting minutes for November 9, 2022.
Motion/Second Medina-Ashby/Albana
Motion carried by a vote of AYES: 6 NOES: 0
ANNOUNCEMENTS
Planning Director Thomas shared information about the upcoming League of California Cities 2023 Planning Commissioners Academy in Garden Grove that will be held in March 2023. If a commissioner is interested, they are to contact Liz to register.
PUBLIC FORUM Chair Chuan invited members of the public to address the commission and there were none.
PUBLIC HEARING
IX-1 Draft Milpitas Metro Specific Plan (Transit Area Specific Plan Update) and Final Subsequent Environmental Impact Report (SEIR): Review and discuss the Final Milpitas Metro Specific Plan Subsequent Environmental Impact Report (SCH#: 2006032091) and Milpitas Metro Specific Plan, which updates the 150
Item # 7.
December 14, 2022 Planning Commission Meeting Minutes Page 2
2008 Transit Area Specific Plan (TASP), including expansion of the boundaries of the Plan area and increasing the development potential and infrastructure of the Metro Plan area, and provide a recommendation for appr oval to the Milpitas City Council. Project Manager: Kevin Riley, (408) 586-3292, [email protected]
Project Manager Kevin Riley and consultants [Jane Lin /Urban Field, Christina Paul/M-Group, Kristi Black/ICF) revisited the presentation of the overview of the Plan from the November 9th meeting.
Chair Chuan invited members of the public to address the commission and the following community members spoke: Lola Torney, VTA, Urvishkumar Mehta, and Barbara Navarro.
Motion to close the Public Forum.
Motion/Second Albana/Medina-Ashby
Motion carried by a vote of AYES: 6 NOES: 0
Recommendation: Staff recommends that the Planning Commission conduct a public hearing and adopt Resolution No. 22 -025 recommending that the City Council certify the Milpitas Metro Plan Subsequent Environmental Impact Report (SEIR) (SCH#:2006032091) and adopt the Milpitas Metro Specific Plan.
Motion/Second Galang/Albana
Motion carried by a vote of AYES: 6 NOES: 0
IX-2 TOLL BROTHERS TOWNHOMES + ADUs (SB 330) - 675 Trade Zone Boulevard and 1951 Tarob Court - P-SD22-0006, P-UP22-0002, P-TR22-0006, P-MT22-0002, P -EA22-0003, P -DB22-0001: A Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Tree Removal P ermit, Environmental Assessment, and Density Bonus Permit to allow demolition of two industrial buildings, removal and replacement of 55 ordinance -size trees, and development of a multi -family residential project with 78 townhomes and 12 accessory dwelling units. The residential development will consist of 13 multi - family residential buildings up to 36 feet -4 inches in height (three stories), with 191 vehicle parking spaces and associated site improvements on a 4.1-acre site located in the High Density Resi dential (R3-TOD) Zoning District with a Transit Oriented Development Overlay at 675 Trade Zone Boulevard and 1951 Tarob Court. The Project is located within the Transit Area Specific Plan (TASP) Area and submitted under California Senate Bill 330 (Housing Crisis Act of 2019).
Project Planner: Michael Fossati, (408) 586-3274, [email protected]
Project Planner Michael Fossati, applicant Nick Kosla (Toll Brothers) and City staff addressed clarifying questions related to parking (guests, EV, disabled), trees/landscaping, demolition timeline and process,
Chair Chuan invited members of the public to address the commission and the following community members spoke: Urvishkumar Mehta and Barbara Navarro.
Motion to close the Public Forum.
Motion/Second Medina-Ashby/Ciardella
Motion carried by a vote of AYES: 6 NOES: 0
151
Item # 7.
December 14, 2022 Planning Commission Meeting Minutes Page 3
Recommendation: Staff recommends that the Planning Commission open and close the public hearing, consider the exemptions in accordance with CEQA, and adopt resolution No. 22-029, recommending that the City Council approve Site Development Permit No. SD22-0006, Conditional Use Permit No. UP22- 0002, Vesting Tentative Map MT22-0002, Density Bonus Permit No. DB22- 0001, Tree Removal Permit No. TR22-0006 and Environmental Assessment No. EA22-0003, subject to the Conditions of Approval.
Motion/Second Albana/Ciardella
Motion carried by a vote of AYES: 6 NOES: 0
NEW BUSINESS NO ITEMS
ADJOURNMENT Chair Chuan adjourned the meeting at 8:20 pm
Motion/Second Ciardella/Awasthi
Motion carried by a vote of AYES: 6 NOES: 0
Meeting Minutes submitted by
Planning Commission Secretary Elizabeth Medina
152
Item # 7.
153
Item # 7.
154
Item # 7.
155
Item # 7.
25'-4"
24'-6"
UP
2-CAR GARAGE
23'-10" x 23'-10"
ENTRY
R. T./O.
PARKING STALL,
TYP. (10' x 20')
WASTE CONTAINER
STORAGE AREAS, TYP.
BICYCLE
STORAGE
PORCH
4'-0"
6'-0"
5'-4"
25'-4"
UP
2-CAR GARAGE
23'-10" x 23'-10"
ENTRY
R. T./O.
PARKING STALL,
TYP. (10' x 20')
WASTE CONTAINER
STORAGE AREAS, TYP.
PORCH
BICYCLE
STORAGE
24'-6" UTILITY
CLOSET, TYP.
4'-0"
7'-10 3/4"
6'-0"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
UNIT 1 FLOOR PLANS
A02
0 1' 2' 3' 4' 8'
FIRST FLOOR PLAN
UNIT 1 SQUARE FOOTAGES
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
42 SQ. FT.
584 SQ. FT.
630 SQ. FT.
1256 SQ. FT.
562 SQ. FT.
32 SQ. FT.
73 SQ. FT.
FIRST FLOOR PLAN - ALT
156
Item # 7.
UP
DN
LIVING
14'-1" x 11'-2"
KITCHEN
11'-8" x 13'-10"
DECK
73 SQ. FT.
PWDR
DINING
PANTRY
12'-11"
5'-7 1/2"
LNDY
WALK-IN
CLOSET
DN
BEDROOM 2
10'-8" x 13'-1"
BATH 2
PRIMARY
BEDROOM
14'-10" x 11'-5"
PRIMARY
BATH
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
UNIT 1 FLOOR PLANS
A03
0 1' 2' 3' 4' 8'
SECOND FLOOR PLANTHIRD FLOOR PLAN
UNIT 1 SQUARE FOOTAGES
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
42 SQ. FT.
584 SQ. FT.
630 SQ. FT.
1256 SQ. FT.
562 SQ. FT.
32 SQ. FT.
73 SQ. FT.
157
Item # 7.
21'-0"
38'-11 1/2"
UP
2-CAR GARAGE
20'-2" x 20'-2"
ENTRY
R.
T./O.
PARKING STALL,
TYP. (10' x 20')
WASTE CONTAINER
STORAGE AREAS, TYP.
PORCH
OFFICE
10'-2" x 10'-11"
PWDR
2'-0"
6'-0"
9'-0"
UP
DN
DECK
137 SQ. FT.
PWDR
DINING
LIVING
11'-5" x 15'-10"
KITCHEN
14'-2" x 15'-6"
PANTRY
12'-3 1/4"
6'-9"
LNDY
WALK-IN
CLOSET
DN
BEDROOM 2
10'-1" x 10-6"
BATH 2
PRIMARY
BEDROOM
14'-1" x 12'-0"
PRIMARY
BATH
LINEN
BEDROOM 3
9'-10" x 12'-9"
PWDR
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
UNIT 2 FLOOR PLANS
A04
0 1' 2' 3' 4' 8'
FIRST FLOOR PLANSECOND FLOOR PLANTHIRD FLOOR PLAN
UNIT 2 SQUARE FOOTAGES
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
347 SQ. FT.
732 SQ. FT.
822 SQ. FT.
1901 SQ. FT.
461 SQ. FT.
54 SQ. FT.
137 SQ. FT.
ADAPTABLE
POWDER
158
Item # 7.
21'-0"
39'-5 1/2"
UP
2-CAR GARAGE
20'-2" x 20-2"
ENTRY
R.
PARKING STALL,
TYP. (10' x 20')
WASTE CONTAINER
STORAGE AREAS, TYP.
PORCH
BICYCLE
STORAGE
BEDROOM 4
11'-4" x 10'-1"
BATH 3
T./O.
2'-0"
9'-0"
6'-0"
UP
DN
DECK
125 SQ. FT.
PWDR
DINING
LIVING
14'-7" x 15'-7"
KITCHEN
11'-6" x 18'-5"
PANTRY
10'-4 1/2"
6'-6 1/2"
LNDY
WALK-IN
CLOSET
DN
BEDROOM 2
9'-11" x 11'-2"
BATH 2
PRIMARY
BEDROOM
14'-7" x 13'-2"
PRIMARY
BATH
BEDROOM 3
10'-1" x 10'-2"
LINEN
WALK-IN
CLOSET
7'-0"
ADU
11'-5" x 18'-4"
PORCH
9'-0"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
UNIT 3 FLOOR PLANS
A05
0 1' 2' 3' 4' 8'
FIRST FLOOR PLANSECOND FLOOR PLANTHIRD FLOOR PLAN
ADU PLAN @ FIRST FLOOR
UNIT 3 SQUARE FOOTAGES
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
358 SQ. FT.
763 SQ. FT.
784 SQ. FT.
1905 SQ. FT.
461 SQ. FT.
54 SQ. FT.
125 SQ. FT.
(ADAPTABLE PER CBC 1104A.1)
UNIT 3 ADU SQUARE FOOTAGES
FIRST FLOOR ADU
FIRST FLOOR PRIMARY
UNIT
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
287 SQ. FT.
149 SQ. FT.
763 SQ. FT.
784 SQ. FT.
1983 SQ. FT.
451 SQ. FT.
67 SQ. FT.
177 SQ. FT.
159
Item # 7.
UP
ENTRY
R. WASTE CONTAINER
STORAGE AREAS, TYP.
BICYCLE
STORAGE
BATH 3
T./O.
BEDROOM 4
11'-6" x 12'-11"
8'-0"
6'-0"
PORCH
FIRE ALARM
SYSTEM
23'-6 1/2"
39'-5 1/2"
UP
2-CAR GARAGE
20'-2" x 20-2"
ENTRY
R.
PARKING STALL,
TYP. (10' x 20')
WASTE CONTAINER
STORAGE AREAS, TYP.
BICYCLE
STORAGE
BATH 3
T./O.
UTILITY
CLOSET, TYP.
BEDROOM 4
11'-6" x 12'-11"
2'-0"
7'-0"
9'-0"
PORCH
FIRE
RISER
FIRE ALARM
SYSTEM
UP
DN
DECK
169 SQ. FT.
PWDR
DINING
LIVING
14'-10" x 14'-2"
KITCHEN
17'-7" x 14'-6"
PANTRY
14'-8 1/2"
7'-2"
LINEN
LNDY
WALK-IN
CLOSET
DN
BEDROOM 2
12'-3" x 10'-1"
BATH 2
PRIMARY
BEDROOM
14'-7" x 13'-9"
PRIMARY
BATH
BEDROOM 3
11'-3" x 10'-6"
LINEN
7'-0"
ADU
14'-7" x 18'-4"
PORCH 2
PORCH 1
6'-2 1/2"
6'-0"
8'-0"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
UNIT 4 FLOOR PLANS
A06
0 1' 2' 3' 4' 8'
FIRST FLOOR PLANSECOND FLOOR PLANTHIRD FLOOR PLAN
UNIT 4 SQUARE FOOTAGES
FIRST FLOOR
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
421 SQ. FT.
815 SQ. FT.
877 SQ. FT.
2113 SQ. FT.
445 SQ. FT.
58 SQ. FT.
169 SQ. FT.
ADU PLAN @ FIRST FLOOR
ALTERNATE ENTRY @ FIRST FLOOR
UNIT 4-ADU SQUARE FOOTAGES
FIRST FLOOR ADU
FIRST FLOOR PRIMARY
UNIT
SECOND FLOOR
THIRD FLOOR
TOTAL LIVING
2-CAR GARAGE
PORCH 1
PORCH 2
DECK
362 SQ. FT.
148 SQ. FT.
815 SQ. FT.
877 SQ. FT.
2202 SQ. FT.
454 SQ. FT.
48 SQ. FT.
43 SQ. FT.
239 SQ. FT.
(ADAPTABLE PER CBC 1104A.1)
160
Item # 7.
(REVERSE)
UNIT 4 ALT
(STANDARD)
UNIT 3
(STANDARD)
UNIT 4 ALT
68'-3"
46'-5 1/2"
(STANDARD)
UNIT 4 ALT
(STANDARD)
UNIT 3
(REVERSE)
UNIT 4 ALT
(STANDARD)
UNIT 4 ALT
(STANDARD)
UNIT 3
(REVERSE)
UNIT 4 ALT
ALL ROOF SLOPES
TO BE 3:12 U.O.N
2 :12 2 :12
2 :122 :12
2 :12
2 :12 2 :12
2 :12
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
3-UNIT BUILDING FLOOR & ROOF PLANS
A07
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
ROOF PLAN
THIRD FLOOR PLAN
BUILDING 10
PERIMETER
OF EAVE
BELOW 30' = 54%
161
Item # 7.
162
Item # 7.
(REVERSE)
UNIT 4(STANDARD)
UNIT 3
(STANDARD)
UNIT 4 (STANDARD)
UNIT 3
89'-4"
47'-5 1/2"
(STANDARD)
UNIT 4
(STANDARD)
UNIT 3
(REVERSE)
UNIT 4
(STANDARD)
UNIT 3
(STANDARD)
UNIT 4
(STANDARD)
UNIT 3 (REVERSE)
UNIT 4
(STANDARD)
UNIT 3
ALL ROOF SLOPES
TO BE 3:12 U.O.N
2 :12 2 :12
2 :122 :12
2 :122 :12
2 :122 :12
2 :122 :12
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
4-UNIT BUILDING FLOOR & ROOF PLANS
A09
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
ROOF PLAN
THIRD FLOOR PLAN
BUILDINGS 9 &13
PERIMETER
OF EAVE
BELOW 30' = 52%
163
Item # 7.
164
Item # 7.
(REVERSE)
UNIT 4(STANDARD)
UNIT 3
(STANDARD)
UNIT 4 (STANDARD)
UNIT 3
(STANDARD)
UNIT 2
114'-5"
47'-5 1/2"
(STANDARD)
UNIT 4
(STANDARD)
UNIT 3
(REVERSE)
UNIT 4
(STANDARD)
UNIT 3
(STANDARD)
UNIT 2
(STANDARD)
UNIT 4 (STANDARD)
UNIT 3
(REVERSE)
UNIT 4(STANDARD)
UNIT 3
(STANDARD)
UNIT 2
2 :12 2 :12
2 :122 :12
2 :12 2 :122 :12
2 :12 2 :122 :12
2 :122 :12
2 :122 :12
ALL ROOF SLOPES
TO BE 3:12 U.O.N
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
5-UNIT BUILDING 'A' FLOOR & ROOF PLANS
A11
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
ROOF PLAN
THIRD FLOOR PLAN
BUILDING 12
PERIMETER
OF EAVE
BELOW 30' = 51%
165
Item # 7.
166
Item # 7.
(REVERSE)
UNIT 4 ADU(STANDARD)
UNIT 3 ADU
(STANDARD)
UNIT 4_ALT (REVERSE)
UNIT 3
(REVERSE)
UNIT 2
110'-5"
40'-5 1/2"
(STANDARD)
UNIT 4_ALT
(STANDARD)
UNIT 3 ADU
(REVERSE)
UNIT 4 ADU
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
(STANDARD)
UNIT 4_ALT
(STANDARD)
UNIT 3 ADU
(REVERSE)
UNIT 4 ADU
(REVERSE)
UNIT 3 (REVERSE)
UNIT 2
ALL ROOF SLOPES
TO BE 3:12 U.O.N
2 :12 2 :12
2 :122 :12
2 :12 2 :122 :12
2 :12 2 :12
2 :12
2 :122 :12
2 :12
2 :12
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
5-UNIT BUILDING 'B' FLOOR & ROOF PLANS
A13
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
ROOF PLAN
THIRD FLOOR PLAN
BUILDING 2
PERIMETER
OF EAVE
BELOW 30' = 51%
167
Item # 7.
168
Item # 7.
(REVERSE)
UNIT 4_ALT
(REVERSE)
UNIT 3
(STANDARD)
UNIT 4
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
131'-6"
47'-5 1/2"
(STANDARD)
UNIT 4
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4_ALT
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
6-UNIT BUILDING 'A' FIRST & SECOND FLOOR PLANS
A15
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
BUILDINGS 3 & 11
169
Item # 7.
ALL ROOF SLOPES
TO BE 3:12 U.O.N
2 :12
2 :12 2 :12
2 :12 2 :12 2 :12
2 :12 2 :12 2 :12
2 :12
2 :12
2 :12
2 :12
133'-6"
41'-5 1/2"
(STANDARD)
UNIT 4 (REVERSE)
UNIT 3
(REVERSE)
UNIT 4_ALT
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3(REVERSE)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
0 2' 4' 6' 8' 16'
6-UNIT BUILDING 'A' THIRD FLOOR & ROOF PLANS
A16
ROOF PLAN
THIRD FLOOR PLAN
BUILDINGS 3 & 11
PERIMETER
OF EAVE
BELOW 30' = 49%
170
Item # 7.
171
Item # 7.
(REVERSE)
UNIT 4 ADU(REVERSE)
UNIT 3 ADU
(STANDARD)
UNIT 4_ALT
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
131'-6"
44'-5 1/2"
(STANDARD)
UNIT 4_ALT
(REVERSE)
UNIT 3 ADU
(REVERSE)
UNIT 4 ADU
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
6-UNIT BUILDING 'B' FIRST & SECOND FLOOR PLANS
A18
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
BUILDING 1
172
Item # 7.
ALL ROOF SLOPES
TO BE 3:12 U.O.N
2 :12
2 :12 2 :12
2 :12 2 :12 2 :12 2 :12
2 :122 :12
2 :12 2 :12 2 :122 :12
133'-6"
41'-5 1/2"
(STANDARD)
UNIT 4_ALT
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
0 2' 4' 6' 8' 16'
6-UNIT BUILDING 'B' THIRD FLOOR & ROOF PLANS
A19
ROOF PLAN
THIRD FLOOR PLAN
BUILDING 1
PERIMETER
OF EAVE
BELOW 30' = 49%
173
Item # 7.
174
Item # 7.
(REVERSE)
UNIT 4 ALT(REVERSE)
UNIT 3
(STANDARD)
UNIT 4 (STANDARD)
UNIT 3
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
(STANDARD)
UNIT 2
152'-7"
47'-5 1/2"
(STANDARD)
UNIT 4
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4 ALT
(STANDARD)
UNIT 3
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
(STANDARD)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
7-UNIT BUILDING FIRST & SECOND FLOOR PLANS
A21
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
BUILDING 8
175
Item # 7.
2 :12
2 :12 2 :12
2 :12 2 :12 2 :12 2 :122 :12
2 :12
2 :122 :12
2 :12
2 :12 2 :12 2 :12
ALL ROOF SLOPES
TO BE 3:12 U.O.N
154'-7"
41'-5 1/2"
(STANDARD)
UNIT 4
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4 ALT
(STANDARD)
UNIT 3
(REVERSE)
UNIT 3
(REVERSE)
UNIT 2
(STANDARD)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
0 2' 4' 6' 8' 16'
7-UNIT BUILDING THIRD FLOOR & ROOF PLANS
A22
ROOF PLAN
THIRD FLOOR PLAN
BUILDING 8
PERIMETER
OF EAVE
BELOW 30' = 48%
176
Item # 7.
177
Item # 7.
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1 (STANDARD)
UNIT 2
(STANDARD)
UNIT 3 ADU
(REVERSE)
UNIT 4 ADU
(STANDARD)
UNIT 3
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3 ADU
156'-4 1/2"
51'-9"
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 3
(STANDARD)
UNIT 2
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3
(STANDARD)
UNIT 3 ADU
(REVERSE)
UNIT 4 ADU
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
8-UNIT BUILDING FIRST & SECOND FLOOR PLANS
A24
0 2' 4' 6' 8' 16'
SECOND FLOOR PLAN
FIRST FLOOR PLAN
BUILDINGS 4, 5, 6 & 7
178
Item # 7.
2 :12
2 :12 2 :12
2 :12
2 :12 2 :12 2 :12
2 :12 2 :12 2 :12
2 :12
2 :12
2 :12
2 :12 2 :12
ALL ROOF SLOPES
TO BE 3:12 U.O.N
WD
(REVERSE)
UNIT 1
(REVERSE)
UNIT 1
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3 ADU
(REVERSE)
UNIT 4 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3
(STANDARD)
UNIT 3 ADU
156'-6 1/2"
51'-9"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
0 2' 4' 6' 8' 16'
ROOF PLAN
THIRD FLOOR PLAN
8-UNIT BUILDING THIRD FLOOR & ROOF PLANS
A25BUILDINGS 4, 5, 6 & 7
PERIMETER
OF EAVE
BELOW 30' = 48%
179
Item # 7.
180
Item # 7.
29'-8"
8'-7" 9'-1" 8'-7"
T.O. CURB
T.O.PL.
T.O.SF.
T.O.PL.
T.O.SF.
T.O.PL.
8'-7" 9'-1" 8'-7"
10'-7"
T.O.S.
T.O.PL.
T.O.SF.
T.O.PL.
T.O.SF.
T.O.PL. EAVE
T.O. TOWER
T.O. RIDGE
2-CAR GARAGEBEDROOM 4PORCH
KITCHENLIVING ROOM DININGDECK
PRIMARY
BEDROOM BEDROOM 2
CEILING HT.
PRIMARY
BATH
34'-9"
36'-4"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
0 1' 2' 3' 4' 8'
BUILDING SECTION
A27
TYPICAL BUILDING SECTION
181
Item # 7.
BUILDING 8 BUILDING 9
UNIT 2 UNIT 2UNIT 2 UNIT 3UNIT 3 UNIT 4UNIT 4 UNIT 4
34'-6"
T.O. CURB
T.O.PL.
T.O.SF.
T.O.PL.
T.O.SF.
T.O.PL.
EAVE
T.O. RIDGE8'-7" 9'-1" 8'-7"
29'-8 7/64"
34'-9"
29'-8"
8'-7" 9'-1" 8'-7"
T.O. CURB
T.O.PL.
T.O.SF.
T.O.PL.
T.O.SF.
T.O.PL.
EAVE
T.O. RIDGE
34'-9"
BUILDING 4BUILDING 5
UNIT 4UNIT 4
28'-7"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
354.012
Tarob - Geomax
Milpitas, CA
October 7, 2022
0 1' 2' 3' 4' 8'
SITE SECTION A
A28
TYPICAL BUILDING SECTION
TYPICAL BUILDING SECTION
182
Item # 7.
183
Item # 7.
184
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
185
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
186
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
187
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
December 2, 2022
188
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
189
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
190
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
191
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
192
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
193
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
194
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
195
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
196
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
197
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
July 12, 2022
198
Item # 7.
199
Item # 7.
200
Item # 7.
201
Item # 7.
202
Item # 7.
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000
Tarob - Geomax
Milpitas, CA
December 2, 2022
203
Item # 7.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Certifying Milpitas Metro Specific Plan Final Subsequent Environmental Impact Report (SEIR) (SCH#:2006032091) and adopting the Milpitas Metro Specific Plan (updating the 2008 Transit Area Specific Plan) (Staff Contact:
Ned Thomas, Planning Director, 408-586-3273; and Kevin Riley, TASP (Metro) Manager, 408-586-3292)
Category: Community Development
Meeting Date: 2/7/2023
Recommendation: Adopt a resolution to certify the Milpitas Metro Specific Plan Final Subsequent Environmental Impact Report (SEIR) and adopt the Milpitas Metro Specific Plan.
Background:
The City’s consultant team, headed by Urban Field Studio (UFS), and City staff have prepared a final proposed version of the Milpitas Metro Specific Plan (Metro Plan), which is an update of the Transit Area Specific Plan (TASP) adopted in 2008. A complete version of the Metro Plan, as well as the Final Subsequent Environmental Impact Report (SEIR), are available on the project website (www.milpitasmetro.org). This proposed Metro Plan incorporates changes based upon comments received during the presentation to the City Council on October 12, 2021, as well as minor technical planning amendments and corrections. A Draft SEIR was completed and circulated on April 15, 2022 for a 45-day public review and comment period as required by the California Environmental Quality Act (CEQA). The Final SEIR completed in November 2022 is a Program-level environmental document that applies policies to mitigate potential environmental effects of the development of the Metro Plan.
This proposed Metro Plan was presented to the Planning Commission in a public hearing on November 9, 2022. Planning Commission comments included a question regarding a potential rail station near/at the Great Mall, interest in meeting the affordable housing needs, and addressing the parkland needs of both the Plan area and the City. Figure 1 on the following page is the Land Use Diagram for the Metro Plan planning area.
At the Planning Commission’s second hearing on December 14, 2022, the Commission concurred with the findings and therefore recommended that Council adopt the Milpitas Metro Specific Plan. The Planning Commission was also provided with the Final Subsequent Environmental Impact Report (SEIR), and although the Commission is not required to take action on the SEIR insofar as the City Council is the decision making body for the Metro Plan, they recommended that the Council certify the Metro Plan SEIR prior to adopting the Metro Plan.
The initiation of the update to the TASP began in February 2020, focused primarily on expanding residential opportunities beyond the near buildout by then of the 7,577 total unit count for the Plan area, but also looking into opportunities to support and facilitate development of the office/employment elements of the Plan. Over several study sessions during 2020 and 2021, the Council received presentations and held discussions regarding, but not limited to, existing conditions, draft policy guidance and notable economic opportunities for new development, particularly in and around the Great Mall Subdistrict and the Innovation Subdistrict.
204
Item # 8.
C i t y C o u n c i l M i l p i t a s M e t r o S p e c i f i c P l a n A d o p t i o n P a g e 2 | 7
Figure 1: Milpitas Metro Specific Plan Land Use Diagram
205
Item # 8.
C i t y C o u n c i l M i l p i t a s M e t r o S p e c i f i c P l a n A d o p t i o n P a g e 3 | 7
The inclusion of the Innovation District came into the TASP update as a logical transfer of the concept from the General Plan update. The addition of properties farther south along South Main Street are all within the 1/2- mile walking distance of the Main Street-Great Mall light rail station. These two focus areas became key features of the Metro Plan and both take advantage of proximity to transit, including the Milpitas Transit Center that opened in June 2020. The opportunities that the Metro Plan both creates and takes advantage of at the same time are the proximities of the each of the land uses to transit and to each other, promoting a unique and complete neighborhood surrounding the Milpitas Transit Center. At the same time, most of this higher intensity commercial and higher density residential development will not be abutting most single-family neighborhoods of the City. The current Milpitas SMART provides convenient and affordable on-demand connections from all parts of the City to the Transit Center and thereby walking distance to services and future jobs in the Metro area, eliminating many drive-alone trips.
In December 2022, following local elections, City staff briefed the two newly elected members of the Council on the background and intent of the Metro Plan to provide them with an overview of Council actions to date.
Analysis:
The key elements and strategies of the 2040 Metro Plan expand the vision of the original TASP area as a unique neighborhood in the City. Key elements of the Metro Plan include:
1. Expand the Plan area from 437 to 510 acres;
2. Provide capacity for up to 7,000 new housing units through 2040;
3. Provide capacity of up to 3 million square feet of new commercial employment space;
4. Provide capacity for up to 300,000 square feet of new retail space;
5. Provide capacity for up to 700 new hotel rooms;
6. Establish an Innovation District within the Plan area for jobs and enhanced City revenues;
7. Create opportunities for mixed-use development on the 99-acre Great Mall site;
8. Accommodate development, including substantial affordable housing, on VTA-controlled sites;
9. Identify new infrastructure needs and provide an updated strategy to fund new projects.
The Metro Plan does not alter opportunities and allowances for projects granted their entitlements under the TASP. The updated policies and standards will apply to new entitlements granted following adoption of the Metro Plan to guide further development of the area at greater densities and intensities over the next 20 years.
Each of the elements above are further explained below:
1) Geographic Expansion of the Plan area:
Together, the two proposed Metro Plan area annexations increase the Plan area to 510 acres.
The original TASP area of 437 acres is increased by adding 1) approximately 60 areas of industrially developed lands on the east side of Berryessa Creek, parcels both north and south of Montague Expressway, identified as the Innovation District envisioned in the General Plan, and as initiated by the City’s Economic Development efforts, and 2) approximately 13 acres of mixed housing and commercially developed parcels on the west side of the Plan area, along the eastern side of South Main Street, which will move from the Midtown Specific Plan to the Metro Plan.
2) Increased potential for housing:
The Metro Plan will add the potential for an additional 7,000 housing units over its planning term through 2040. Several aspects of the Metro Plan increase the possibilities for new housing in the City.
The State-required 8-year RHNA (6th cycle) obligations place a substantial housing demand on the City, much of which may be addressed in the Mero Plan area. These include: 1) the additional land area on the west side of the Plan (S. Main Street), 2) the opportunity for increased densities on remaining residentially designated areas in the TASP and 3) enabling opportunities for new housing with the 206
Item # 8.
C i t y C o u n c i l M i l p i t a s M e t r o S p e c i f i c P l a n A d o p t i o n P a g e 4 | 7
potential of the Great Mall area as a higher intensity mixed use area that can preserve retail services, increase employment and deliver new housing, including affordable housing, over both the 8-year RHNA cycle and the longer 20-year term of the Metro Plan.
3) Increased potential for employment:
The Metro Plan proposes 3 million square feet of new employment development with over 10,700 potential jobs. The 2008 TASP had envisioned nearly a million square feet (993,843 square feet) of new office/employment development, with little yet realized, in anticipating the coming of BART and its connection to the light rail system. The opening of BART in June 2020 came amidst the limitations that were created by the Covid 19 pandemic, but the potential to attract business to the area served by mass transit as well as the SMART first/last mile connections remains, although the timeline has been affected by that pandemic impact. Adding the Innovation District lands to the previously envisioned commercial potential presents a strong position to receive and support higher intensity employment opportunities for Milpitas residents and citizens elsewhere in the region who can work within a ½ mile walk of the Transit Station.
4) Increased potential for service commercial:
The Metro Plan proposes 300,000 square feet of new retail space and 700 new hotel rooms to be added to the TASP development scenario, resulting in about 1,500 new jobs. The proximity of jobs and housing all within about a ½ -mile radius of a transit station (BART/LRT) means not only worker demand for retail services but also local resident and visitor demand. Retail commercial development will need to increase to support more housing and jobs in the immediate vicinity as development progresses, as well as demand from elsewhere in the City.
5) New hotel rooms:
New business development will increase demand for hotel services over time. The Plan contemplates the eventual addition of hotels within the planned commercial areas. Hotel development and operations provide Transit Occupancy Tax revenues to the City while providing important convenient services for the commercial sector.
6) Innovation District:
The Metro Plan incorporates the vision in the adopted 2040 General Plan to transform the area between Berryessa Creek and Hwy 680 as an area focused on development of high-tech research and development (R&D), which could bring many well-paying jobs to Milpitas. The vision of the Innovation District also encompasses properties already within the TASP plan area, particularly along Montague Expressway.
7) Great Mall District Opportunities:
The Great Mall District encompasses approximately 140 acres on various sites under varied ownership, but a great portion of it, including the Great Mall itself on 99 acres, is owned by a single entity. While little change was envisioned here under the TASP, the update in the Metro Plan recognizes that if the fundamental character of retail development and operations change, as recent trends seem to indicate, the Great Mall District and the shopping center itself provide a great opportunity for both the City and the property owner to do much more with these sites.
8) VTA Properties and Opportunities:
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The Valley Transportation Authority (VTA) owns several properties in the Metro area that are available for development of residential or mixed-use opportunities, including affordable housing. These include, in the more immediate term, the former bus transfer property on Great Mall Parkway (GMP) adjacent to the Great Mall and the triangle shaped site at the northeast corner of Capitol Avenue and Montague Expressway, abutting the new bus area at the Transit Center. A later opportunity could include new development on the parking lot site across South Milpitas Boulevard from the Transit Center.
9) Provision of public infrastructure:
The Metro Plan will expand the BIP to include new infrastructure needs to serve the entire Plan area, and particularly to meet the needs of new development in the expanded areas. Both expanding the land area and increasing development in the Plan area call for a review and reconsideration of the infrastructure program needed to support the ongoing redevelopment of the area. Facilitating access internally within the Plan area, as well as moving people and goods into and out of the area will be a significant component of a thorough Plan strategy.
The Metro Plan adoption anticipates a follow-up nexus fee study to provide a thorough analysis of needed funding for the current and new public infrastructure, and a look at the current CFD program.
The original Transit Area Development Impact Fee (TADIF) was implemented following the 2008 adoption of the TASP to provide a means for development in the area to pay for the infrastructure needed to serve the Plan area through a schedule of impact fees collected with issuance of building permits. In addition, new residential development has paid a per-unit tax increment fee for a Community Facilities District (CFD) to help provide maintenance of facilities and services to support the area, such as but not limited to, Police and Fire services. Each of these fee elements should be reevaluated and rationally tied to the development categories. Per-unit impact fees for each category of development are based upon the benefit realized for that type of development by the type of improvement to be funded (nexus). Staff has begun the process to select a consultant to assist in evaluating the uncompleted and new Basic Infrastructure Projects and analyzing a fee adjustment.
The presentation and discussion in this hearing will provide an opportunity for Council and the public to see a draft version of the complete document proposed for Council adoption and including any input from the Planning Commission in their reviews on December 9 and 14, 2022. The Metro Plan presents the City’s overarching vision for the approximately 510 acres of the Plan area and provides a practicable and implementable policy document that developers and builders can use to test the viability of proposed projects.
In addition to laying out a buildable development scenario, the Metro Plan identifies the public infrastructure needed to make the area a vibrant and livable neighborhood of homes, jobs and services.
The Metro Plan, as an update of the TASP, is an enabling and directive planning tool that is intended to capture the City’s vision and goals for the Plan area. While specific timing of the development of any part of the Plan is unknown and will largely be market driven, the adoption of the Plan presents incentive by the City for desirable development and allows development interests to understand the City’s vision and become partners with the City in achieving the Plan goals with reduced cost and time, compared to processing individual proposals without the specific plan and its environmental work. Additional tools, such as Development Agreements, can provide further certainty for the City and the developer when suitably applied.
Note that a draft version of the Plan text that some may have seen describing each of the land uses had inadvertently identified the Very High Density (VHD) land use designation in Table 2-4 (p.40) as a range of 40- 75 dwelling units per acre (du/ac), when it is actually 40-85 du/ac, consistent with the Land Use Plan – Figure 2-8 (p. 42). The building height limitation remains at a maximum of 75 feet, as currently permitted under the Midtown Plan rules.
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Policy Alternatives:
The policies contained in this Plan for Council consideration come from feedback and direction received from Council during presentations on the draft of the Metro Plan since early 2020. Therefore, no policy alternatives are proposed here, but Council may, by consensus, insert or alter Metro Plan policies prior to Plan adoption.
Fiscal Impact:
As a long-range planning policy document with an implementation time horizon over the next 20 years, the Metro Plan will not have a direct, immediate fiscal impact. However, ongoing implementation of the Specific Plan over the next 20 years will have a significant positive impact on the City by providing new and enhanced opportunities for the City to develop new housing, retail, office, and other uses in proximity to transit. Impact fees generated by new development will help offset the cost of new infrastructure, and new development will also bring new revenue in the form of increase property tax, sales tax, and hotel tax. Full tax revenue to be generated is unknown at this time as the Metro Plan is a long-range policy document and does not prescribe any specific development project.
Broadly speaking, the Metro Plan will result in increased land valuations and economic activities that deliver enhanced revenues to the City to support the wide variety of services that the City provides. The Plan will continue a program of development impact fees to offset City expenditures for public infrastructure needed for new development in the Plan area. The Plan will also continue a program of tax increment fees of the Community Facilities District (CFD) that contribute to maintenance and the provision of services for the residents, workers and visitors in the area.
California Environmental Quality Act:
The City has prepared a Subsequent Environmental Impact Report (SEIR) for consideration and certification by the Council prior to the Metro Plan adoption. The Final SEIR includes a Draft SEIR that was publicly circulated for 45 days to seek input from Responsible Agencies and the general public. The Draft SEIR, with comments and prepared responses to them, along with the revisions to the Draft SEIR comprise the Final SEIR. The Final SEIR must be certified by the Council prior to adopting the Metro Plan. Only one public agency responded to the Draft SEIR (VTA). The prepared final document also includes responses to the two comments received at the Council hearing on April 19, 2022.
The Metro Plan SEIR does not reexamine the impacts or mitigations of the original TASP but rather evaluates potential environmental effects of the changes to the TASP and its area (seen as Project Change). Three distinct levels of environmental evaluation have been addressed by this CEQA review:
1) Preparation of an Initial Study (Appendix B, Draft SEIR) indicated the following environmental resource topics were seen to have less than significant impacts and are not included in the SEIR analysis:
aesthetics, agriculture and forestry resources, biological resources, cultural resources, energy, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, tribal cultural resources and wildfire.
2) Analysis of environmental resource topics in the SEIR that, in some cases, call for policy mitigations to be applied to project approvals include: air quality, greenhouse gas emissions, land use and planning, noise, population and housing, public services and recreation, transportation, utilities and service systems, and cumulative impacts. Each of these impacts, their significance criteria prior to and following any necessary mitigation measures, and the mitigation measures that are called for in each category are spelled out in the summary tables, Table ES-2 and ES-3 on pages ES-8 through ES-16 of the Draft SEIR.
3) Identification of significant and unavoidable impacts that cannot be reduced to a level less than significant or for which there is no feasible mitigation. These call for a statement of overriding considerations that explain that the benefits of the Plan overall outweigh the consequences of the 209
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adverse environmental effect; these include some limited effects in: air quality, greenhouse gas emissions and noise, including cumulative effects in each of these categories. A summary of these impacts can be found on page ES-6 of the Draft SEIR.
Additionally, the SEIR presents three Project Alternatives that might lessen or avoid some potential environmental effects compared to the proposed project (Metro Plan) – No Project, Reduced Height and No Plan Area Expansion to the West. The Alternatives are explored in Chapter 5 and summarized on page ES-7 of the Draft SEIR. While these three alternatives reduce potential effects, they also do not meet the objectives of the Metro Plan (see Section 2.3, page 2-2 of the Draft SEIR). No alternatives are recommended.
As noted above, the Final SEIR reflects the limited environmental impact of the Plan by describing policy- based mitigation for the new or expanded pieces of the Plan, and these policies are applied to individual projects that move forward and that are based upon the Plan. Projects which might go beyond the scope of the analysis of this program level SEIR may need both an amendment of the Metro Plan and to conduct further environmental analysis before they could receive entitlement.
Recommendation:
The Council action on this item must be supported by a majority of the Council:
1. Receive a presentation from staff and consultants;
2. Receive public comments;
3. Review and Consider the Final Subsequent Environmental Impact Report (SEIR);
4. Adopt the Findings to support the Final SEIR, along with the Overriding Considerations and Certify the Final SEIR;
5. Adopt the Mitigation Monitoring or Reporting Program (MMRP);
6. Adopt a Resolution certifying the SEIR and adopting the Milpitas Metro Specific Plan (Metro Plan);
7. Provide direction for follow-up zoning amendments, a TADIF nexus fee study and a CFD study.
Attachments:
A) Resolution
B) Exhibit A to City Council Resolution – Findings and Statement of Overriding Considerations C) Milpitas Metro Specific Plan Draft Supplemental Environmental Impact Report (weblink) D) Milpitas Metro Specific Plan Final Supplemental Environmental Impact Report (weblink) E) Milpitas Metro Specific Plan Mitigation Monitoring or Reporting Program (MMRP) F) Milpitas Metro Specific Plan (weblink)
G) Planning Commission Resolution dated December 14, 2022 H) Planning Commission Staff Report dated December 14, 2022 I) Planning Commission Staff Report dated November 9, 2022
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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
CERTIFYING THE MILPITAS METRO SPECIFIC PLAN FINAL SUBSEQUENT ENVIROMENTAL IMPACT REPORT (SCH#: 2006032091), ADOPTING THE
FINDINGS OF FACT AND A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND ADOPTING THE MILPITAS METRO SPECIFIC PLAN
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 65 300 et seq. requires each city to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city; and
WHEREAS, the City’s General Plan was comprehensively updated in 1994 and subsequently amended in January 2002 with adoption of the Midtown Specific Plan, in June 2008 with adoption of the Transit Area Specific Plan ( “TASP”), and in October 2010 with adoption of the City’s Park and Recreation Master Plan and Milpitas Bikeway Master Plan as well as to provide other updates to exhibits, tables, and figures; and
WHEREAS, in March 2021, the City adopted the 2040 General Plan , including goals, policies, and actions regarding each of the General Plan elements; and
WHEREAS, the “Planning Area” for the 2040 General Plan is defined as the entire area within the City’s Sphere of Influence ( “SOI”), which includes the City limits and the Urban Growth Boundary/Urban Service Area (“UGB/USA”) and incorporates the TASP/Milpitas Metro Specific Plan area; and
WHEREAS, the City prepared a Draft Milpitas Metro Specific Plan as an update of the 2008 Transit Area Specific Plan, received comments over the course of more than two years at several public hearings and on the project website and amended the Specific Plan in response to comments; and
WHEREAS, the City finds that as a part of this Plan update, the inclusion of properties currently within the Midtown Specific Plan along South Main Street support the goals and objectives of the Metro Specific Plan to develop housing within a half -mile radius of VTA and BART transit stations; and
WHEREAS, THE City finds that the inclusion of properties east of Berryessa Creek, identified in the General Plan as an Innovation District, is consistent with the General Plan and the Metro Plan goals and objectives as these are generally within a half-mile radius of the Transit Center BART and VTA transit stations and close to housing and services; and
WHEREAS, the City prepared a Draft Subsequent Environmental Impact Report (“SEIR”) (SCH #:2006032091) for review by the general public and Responsible Agencies in 211
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accordance with the requirements of the California Environmental Quality Act (CEQA) as prescribed in the Public Resources Code; and
WHEREAS, the Draft Subsequent Environmental Impact Report describes the changes to the TASP as the Metro Plan , provides a description of potential environmental impacts of the project and recommends mitigati on measures to reduce the impacts to a less than significant level, where feasible, and released the Draft SEIR on April 15, 2022 for a 45-day public review period that ended on May 31, 2022; and
WHEREAS, the City received comments on both the Public Revi ew Draft Milpitas Metro Specific Plan and the Draft SEIR, considered and analyzed the comments, and have made changes to both the SEIR and Draft Milpitas Metro Specific Plan as a result of the comments received; and
WHEREAS, the Final SEIR and the Draft Milpitas Metro Specific Plan were presented for review as part of the Planning Commission duly held and publicly noticed public hearing process on November 9, 2022 and again on December 14, 2022 and the Planning Commission considered all written and oral reports of staff and public testimony on the matter, and such other matters as are reflected in the record of this matter; and
WHEREAS, on December 14, 2022, the City of Milpitas Planning Commission adopted Resolution 22-025 recommending that the City Coun cil certify the Milpitas Metro Specific Plan Final Subsequent Environmental Impact Rep ort ( “FSEIR”) and adopt the Milpitas Metro Specific Plan; and
WHEREAS, on February 7, 2023, the City of Milpitas City Council held a duly noticed public hearing, including by teleconference, on the Final SEIR, the Findings of Fact , including Findings of Significant and Unavoidable Impacts and a Statement of Overriding Consideration s, and the Draft Milpitas Metro Specific Plan, considered all written and oral report s of staff and public testimony on the matter, and such other matters as are reflected in the record of this matter; and
WHEREAS, the City finds , based upon the separate but related Findings of Fact related to the Final SEIR, including findings of signifi cant effects and a Statement of Overriding Considerations, attached hereto as Exhibit A that the benefits of the Project outweigh its potential significant environmental impact; and
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final S EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the Final SEIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and
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WHEREAS, the City has not received any comments or additional infor mation that constituted substantial new information requiring recirculation under Public Resources Code section 21092.1 and State C alifornia Environmental Quality Act (“CEQA”) Guidelines section 15088.5; and
WHEREAS, all the requirements of CEQA, the Stat e CEQA Guidelines, and the City's Local CEQA Guidelines have been satisfied by the City in the SEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed Project have been adequately evaluated; and
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:
SECTION 1. Recitals
The City Council has duly considered the full record before it, which may include but is not limited to such things as the Cit y Final SEIR, the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council .
Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. Resolution Regarding Custodian of Record
The documents and materials that constitute the record of proceedings on which t his Resolution has been based are located at the Planning Department – 455 East Calaveras Blvd., Milpitas, CA 95035.
SECTION 3. City Council Action – Certifying the SEIR and Adopting the Milpitas Metro Specific Plan
The City Council finds that it has been presented with the Findings of Fact and a Statement of Overriding Consideration attached as Exhibit A hereto, which it has revie wed and considered, and hereby , based on the entirety of the record of proceedings the Milpitas Metro Specific Plan preparation, certifies the Subsequent Environmental Impact Report.
The City Council further finds that the geographic expansion of the Transit Area Specific Plan, consistent with the Milpitas Metro Specific Plan boundaries, is consistent with the goals and objectives of the Milpitas General Plan and the Metro Specific Plan, and therefore hereby removes the subject South Main Street properties from the Midtown Specific Plan and adds these properties and the properties in the Inn ovation District area east of Berryessa Creek into the Milpitas Metro Specific Plan.
The City Council hereby adopts the Milpitas Metro Specific Plan in its entirety with its goals and objectives, policies, land use designations and implementation measures.
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SECTION 4. Notice of Determination
A Notice of Determination shall be filed with the County of Santa Clara and the State Clearinghouse within 5 (five) working days of final Project approval.
PASSED AND ADOPTED this day of , 202 3, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzeta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
Attachments:
Exhibit A: Findings of Fact and Statement of Overriding Considerations
S:\PLANNING DIVISION1\SPECIFIC PLANS\Transit Area Plan\2019 TASP Update - 2021 Metro\Metro Plan\Final Draft Metro Plan to PC-CC 2022\CC 02-07-2023 Reso Adopt Metro Plan - 01-11-2023 draft.doc 214
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Milpitas Metro Specific Plan
Findings of Fact 1 July 2022
Findings of Fact
Milpitas Metro Specific Plan
Subsequent Environmental Impact Report
August 2022
I. Introduction
The City of Milpitas (City) prepared a Subsequent Environmental Impact Report (SEIR) in accordance with the provisions of the California Environmental Quality Act (CEQA) to evaluate the proposed changes to the Milpitas Transit Area Specific Plan (TASP) Final Environmental Impact Report, certified in 2008. The SEIR analyzes the Milpitas Metro Specific Plan (Metro Plan or Project), an update to the original TASP. The Findings of Fact (Findings) and Statement of Overriding Considerations (SOC) describe the environmental effects associated with the Metro Plan that are evaluated and disclosed in the final SEIR. The Findings are made pursuant to Public Resources Code (PRC) Sections 21081 and 21081.6 and CEQA Guidelines (Guidelines) Sections 15091. The SOC is made pursuant to Public Resources Code Sections 21081 and Guidelines Section 15093.
PRC Section 21081 and Guidelines Section 15091 require that the City, as the Lead Agency for the Metro Plan, prepare written findings for each significant environmental effect, accompanied by a brief rationale for each finding. Specific findings provided for under PRC Section 21081(a) and Guidelines section 15091(a) are:
1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.
Additionally, in accordance with PRC Section 21081(b) and Guidelines Section 15093, when the City finds that significant effects cannot be mitigated, the City must determine whether specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment and are therefore “acceptable.” If the benefits outweigh the significant environmental effects, then the lead agency must adopt a statement of overriding considerations in addition to the findings.
The final SEIR identified potentially significant environmental effects that could result from implementation of the Metro Plan, including significant and unavoidable effects. Therefore, an SOC is required.
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Milpitas Metro Specific Plan
Findings of Fact 2 July 2022
II. Overview
A. Project Background
The Metro Plan is an update to the original TASP vision to transform the area into a transit-oriented neighborhood and complete the emerging neighborhood by expanding access to neighborhood services and retail, creating new opportunities for jobs near transit, providing additional affordable and market-rate housing, enhancing multimodal connections and non-vehicle mobility throughout the area, providing a greater variety of shared public spaces, and strengthening the identity sense of place within the Metro Plan Area.
In 2008, the City certified the TASP EIR (Certified EIR). The TASP consists of policies and proposals to guide growth, including transit-oriented residential and commercial redevelopment on industrial land in a 437-acre area around the Milpitas Bay Area Rapid Transit (BART) and Valley Transportation Authority (VTA) light rail station. The Certified EIR analyzed the potential impacts from implementation of the TASP, including the potential impacts associated with redevelopment within the 437-acre TASP Planning Area and the potential impacts associated with population growth (17,915) due to additional residential units (7,109), and new jobs (4,228) resulting from added office uses (993,843 square feet), retail uses (287,075 square feet), and hotels (175,500 square feet). These improvements were analyzed at a program level in the Certified EIR. While development associated with the TASP has occurred, full buildout of the TASP has not yet been achieved.
Based on current needs and policy directives, the City proposed changes to the TASP that was analyzed in the Certified EIR. The Metro Plan updates the TASP by adding substantially more opportunity for development in this transit-oriented and integrated mixed use area of the City, including the potential for more housing, jobs, services and amenities in the slightly enlarged Metro Plan Area. Implementation of the Metro Plan would result in four main changes (Project Change), when compared to the TASP. In summary, those changes are:
1. Expansion of the original 437-acre TASP Plan Area by approximately 73 additional acres, for a total of 510 acres, in order to facilitate the development of an Innovation District east of the Milpitas Transit Center and to promote opportunities for housing development along South Main Street. In addition, the Metro Plan redefines the five Districts, such that they are bounded by major streets and are located on a mix of land uses, development densities, park placements, street grids, pedestrian connections, and proximities to the Milpitas Transit Center.
2. Changes to the land use classifications (increased allowable densities, new land use classifications, and change in location of land use classifications) and policies, compared to (in addition to) the TASP, including up to 7,000 new housing units, 3 million square feet of new office space, 300,000 square feet of new retail space and 700 new hotel rooms.
3. Additional residential and non-residential density and related population and employment growth, compared to the TASP.
4. Extension of the Metro Plan horizon year by 10 years (from 2030 to 2040), compared to the TASP.
The environmental analysis of the Project Change involves study of new development that would result in the following: (1) the addition of up to 14,000 new residents and 9,500 new jobs, (2) the 216
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Findings of Fact 3 July 2022
expansion of the geographic area of the Metro Plan, and (3) changes in the policies identified in the Metro Plan. The SEIR prepared for the Metro Plan evaluates the potential environmental impacts associated only with the Project Change to determine whether the Project Change would alter the impact significance determinations for the TASP in the Certified EIR. The SEIR was not required to reevaluate development already addressed by the Certified EIR, even if it has not yet been constructed but may still go forward.
B. Procedural Background
A Notice of Preparation (NOP) for the SEIR was published, distributed to the State Clearinghouse, and circulated by the City on September 16, 2021. The NOP notified agencies, interested parties, and the public about the Project Change and provided an opportunity to transmit comments and concerns on the scope and content of the SEIR. The 30-day NOP review period began on September 16, 2021, and ended on October 18, 2021. A scoping meeting was held on September 30, 2021. The NOP and comments on the NOP received by the City are provided in Appendix A of the SEIR.
The draft SEIR was published and posted on the City’s website on April 15, 2022. A Notice of Availability (NOA) was distributed to state and local agencies and other interested parties to solicit public comment. It was also published in the Milpitas Post on April 15, 2022. The draft SEIR was available for public comment from April 15, 2022, to May 31, 2022. The NOA solicited comments on the adequacy and accuracy of information presented in the draft SEIR. Comments were made in written form during the public comment period and as oral testimony at the public hearing on the draft specific plan and draft SEIR at a special meeting of the City Council on April 19, 2022. Written comments received during the public review period are included in the final SEIR, while verbal comments are summarized. The final SEIR also addresses all substantive written and oral comments on the draft SEIR.
C. Record of Proceedings and Custodian of Record
For the purposes of CEQA and the findings set forth below, the record of proceedings for the City’s findings and determinations consists of the following documents and testimony, at a minimum:
The NOP, comments received on the NOP, NOA, and all other public notices issued by the City in relation to the Metro Plan.
The Metro Plan final SEIR, including comment letters and technical materials cited in the document.
All non-draft and/or non-confidential reports and memoranda prepared by the City and consultants in relation to the SEIR.
Minutes of the discussions regarding the Metro Plan and/or Metro Plan components at public hearings held by the City.
Staff reports associated with Planning Commission and City Council meetings on the Metro Plan. Those categories of materials identified in PRC Section 21167.6(e).
The City Clerk is the custodian of the record of proceedings. The documents and materials that constitute the record of proceedings are available for review at the City of Milpitas Office of the City Cleark at 455 East Calaveras Boulevard, Milpitas, California 95035. 217
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Findings of Fact 4 July 2022
D. Consideration of the Subsequent EIR
Buildout for the Metro Plan was evaluated at a program level in the SEIR, which is important context for consideration of the SEIR. Guidelines Section 15168 establishes the use of program Environmental Impact Reports (EIR) for review of later activities. As defined therein, a program EIR is one prepared on a series of related actions that can be characterized as one large project. Feasible mitigation measures and alternatives developed in a program EIR must be incorporated into later activities in the program to the extent applicable to the individual later activity. Later activities must be evaluated to determine whether additional environmental review is needed. If a later activity is determined to be “within the scope” of the project covered by the program EIR, the lead agency can make a finding of consistency and approve the activity without having to prepare a new environmental document. The lead agency may use a written checklist or similar device to determine whether the environmental effects of the later action are within the scope of the program EIR. The City anticipates utilizing such a written checklist or similar device when evaluating future development projects processed under the Metro Plan and/or for implementation of related infrastructure improvements.
In adopting these findings, this Council finds that the SEIR was presented to this Council, the decisionmaking body of the lead agency, which reviewed and considered the information in the final SEIR prior to approving the Metro Plan. By these findings this City Council ratifies, adopts, and incorporates the analysis, explanation, findings, responses to comments, and conclusions in the SEIR. The City Council finds that the final SEIR was completed in compliance with CEQA. The SEIR represents the independent judgment and analysis of the City.
E. Severability
If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void, or unenforceable, the remaining provisions of these findings, or their application to other actions related to the Metro Plan, shall continue in full force and effect unless amended or modified by the City.
III. Findings for Significant and Unavoidable Impacts
A. Air Quality
1. Impact AQ-2a: Construction of the Metro Plan would result in a new significant air quality impact that was not identified in the Certified EIR related to a cumulatively considerable net increase in any criteria pollutant for which the Project region is classified as a nonattainment area under an applicable federal or state ambient air quality standard.
(a) Potential Impact: The potential for construction of the Metro Plan to result in a cumulatively considerable net increase in any criteria pollutant for which the area is in nonattainment is described on pages 3.1-15 through 3.1-20 of the draft SEIR. (b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measures have been included in the Mitigation Monitoring and Reporting Program (MMRP) that is to be adopted concurrently with these findings. 218
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Findings of Fact 5 July 2022
Mitigation Measure AQ-1: Require at Least Tier 4 Final Engines on Construction Equipment
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to further reduce construction- related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities, shall operate on at least an Environmental Protection Act (EPA)- approved Tier 4 Final or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the Metro Plan Area. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine.
Mitigation Measure AQ-2: Require Use of Diesel Trucks with 2010-Compliant Model Year Engines
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines, but no less than the average fleet mix for the current calendar year as set forth in the CARB’s EMFAC database. In the event that 2010 model year or newer diesel trucks cannot be obtained, the contractor must provide documentation to the City showing that a good faith effort to locate such engines was conducted.
Mitigation Measure AQ-3: Require Construction Fleet to Use Renewable Diesel All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 hp and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as high performance renewable diesel).
Mitigation Measure AQ-4: Require Low-VOC Coatings During Construction All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to City prior to the start of construction.
Mitigation Measure AQ-5: Require Fugitive Dust Best Management Practices All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures would be implemented. All exposed surfaces (e.g., parking areas, staging areas, soil pile s, graded areas, and unpaved access roads) will be watered two times per day. All haul trucks transporting soil, sand, or other loose material offsite will be covered. 219
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City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 6 July 2022
All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads, driveways, or driving surfaces shall be limited to 15 miles per hour (mph).
All roa dways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
A publicly visible sign will be posted with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the BAAQMD will also be visible to ensure compliance.
Mitigation Measure AQ-6: Purchase Mitigation Credits for Construction Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for construction criteria pollutants found in Table 3-1 in BAAQMD’s current CEQA guidelines (2017). The screening limit for general office buildings, office park, or government office building is 277,000 square feet. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single-family housing, apartments, low-rise, hotels, strip malls). If the project is less than the screening limit for its project type, then applicants shall confirm to the City whether construction-related activities would include any of the following:
Demolition.
Simultaneous occurrence of more than two construction phases (e.g., paving and building construction would occur simultaneously) or constructio n would occur simultaneous with other Metro Plan development.
Simultaneous construction of more than one land use type (e.g., project would develop residential and commercial uses on the same site) (not applicable to high density infill development).
Extensive site preparation (i.e., greater than default assumptions used by the CalEEMod model for grading, cut/fill, or earth movement). Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export) requiring a considerable amount of haul truck activity.
If the project is less than the screening limit for the project type and construction would involve none of the five conditions above, no further action is required.
Project applicants not excluded by the conditions above shall estimate annual average emissions for each year of construction and compare the annual average emissions for each year of construction to the applicable BAAQMD thresholds at the time of analysis.
The emissions estimate shall be provided as part of the project’s initial application to the City. The City will review the estimate and confirm whether offsets are required for 220
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 7 July 2022
construction. Should the City-confirmed estimate indicate that the proposed development estimate would not result in construction emissions exceeding BAAQMD’s daily pollutant thresholds, no further action will be required.
For proposed developments that are estimated to result in exceedances of thresholds, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for every year in which construction emissions are estimated to exceed the BAAQMD thresholds. If the estimate shows exceedances of multiple criteria pollutants above the BAAQMD thresholds, then offsets must be obtained to address each pollutant above the thresholds. Emission reduction projects and fee will be determined in consultation between the applicant and the third-party or governmental entity and will include offset provider administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or governmental entity.
The emission reductions shall be secured prior to any year in which construction activity is estimated to result in an exceedance. The payment for the emissions can either be on an annual basis or done once upfront, prior to construction.
To qualify under this mitigation measure, the specific emissions reduction project(s) must result in emission reductions in the SFBAAB that are real, surplus, quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
(1) Effects of Mitigation and Remaining Impacts: As described on pages 3.1-16 through 3.1-17 of the draft SEIR, during construction of a development project, the activity that typically generates the highest nitrogen oxides (NOX) and particulate matter (PM) exhaust emissions is the operation of off-road equipment, whereas the activity that typically generates the highest ROG emissions is the application of architectural coatings. Per Mitigation Measures AQ-1 through AQ-4, the use of at least Tier 4 engines and renewable diesel for off-road equipment, which is commercially available in Santa Clara County, newer trucks to reduce NOX and PM exhaust emission levels, and use of low- volatile-organic-compound (VOC) paints to reduce reactive organic gas (ROG) emission levels would be required during construction activities within the Metro Plan Area. Additionally, while the Bay Area Air Quality Management District (BAAQMD) considers impacts from fugitive emissions of particulate matter with a diameter of 10 microns or less (PM10) and particulate matter with a diameter of 2.5 microns or less (PM2.5) significant without the application of standard best management practices (BMP), Mitigation Measure AQ-5 would require construction projects within the Metro Plan Area to implement BMPs (as recommended by BAAQMD) to reduce these fugitive dust emissions. Thus, the implementation of BMPs by future development projects associated with the Metro Plan would reduce fugitive PM10 and PM2.5 emissions to less-than- significant levels.
However, with respect to ROG, NOX, and PM10 and PM2.5 exhaust emissions, there could be foreseeable conditions under the Metro Plan where the amount 221
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 8 July 2022
of construction activity for an individual development project, or a combination of projects, could result in the generation of pollutant emissions that exceed their respective BAAQMD significance thresholds (i.e., 54 pounds/ day for ROG and NOX, 82 pounds per day for exhaust PM10, and 54 pounds/day for exhaust PM2.5). Moreover, even with implementation of Mitigation Measures AQ-1 through AQ-5, as well as the policies described under Impact AQ-1, emissions of ROG, NOX, PM10, and PM2.5 exhaust may not be reduced to levels below BAAQMD’s thresholds when multiple construction projects are concurrently ongoing within the Metro Plan Area.
Accordingly, additional mitigation would be required to reduce these emissions impacts. Pursuant to Mitigation Measure AQ-6, applicants would be required to assess and determine the estimated total emissions from proposed construction activities (subject to City review and approval), and coordinate with BAAQMD or a third-party or governmental entity to determine the mitigation fees for each development project’s applicant to pay on a pro rata basis to BAAQMD or a third-party or governmental entity to offset their pollutant emissions as necessary, such that BAAQMD’s daily pollutant thresholds would not be exceeded.
Based on recent experience of offsets being feasibly available for other large projects in the Bay Area, it is reasonable to assume that offset programs will be available in the future and that emissions can, therefore, be reduced below threshold levels. Should offsets programs be available for future development, Mitigation Measure AQ-6 would ensure that the construction-related emissions would not contribute to a significant level of air pollution, such that regional air quality within the San Francisco Bay Area Air Basin (SFBAAB) would be degraded and project impacts on air quality could be less than significant with mitigation. However, because it cannot be concluded that offset programs would always be available in the future at the time and in the amount needed for any given future development, for the purposes of this SEIR analysis, construction air quality impacts are conservatively assumed to be significant and unavoidable.
As described on draft SEIR pages 3.1-19 through 3.1-20, the Certified EIR concluded that after implementation of policies included in the TASP, criteria air pollutant impacts due to construction would be less than significant. Based on the analysis above, with incorporation of the Project Change, construction of the Metro Plan would result in a significant and unavoidable impact related to a cumulatively considerable net increase in criteria pollutants, even with implementation of Mitigation Measures AQ-1 through AQ-6. While it may be possible for Impact AQ-2a to be reduced to less than significant with mitigation (Mitigation Measure AQ-6), offsets cannot be guaranteed in the types and amounts that may be needed in the future and, thus, this analysis conservatively concludes a significant and unavoidable impact. Therefore, the Project Change would result in a change to the Certified EIR’s impact determination related to criteria air pollutants from construction. The Project Change would result in a 222
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 9 July 2022
new significant and unavoidable impact that was not identified in the Certified EIR.
(2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with criteria pollutant emissions (CEQA Guidelines Section 15091(a)(3)).
2. Impact AQ-2b: Operation of the Metro Plan would result in a substantially more severe significant air quality impact than that identified in the Certified EIR related to a cumulatively considerable net increase in any criteria pollutant for which the Project region is classified as a nonattainment area under an applicable federal or state ambient air quality standard. (a) Potential Impact: The potential for operation of the Metro Plan to result in a cumulatively considerable net increase in any criteria pollutant for which the area is in nonattainment is described on pages 3.1-20 through 3.1-24 of the draft SEIR. (b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measures have been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure AQ-7: Restrict Use of Natural Gas in New Development Future development within the Metro Plan Area shall utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future local building regulations. Natural gas infrastructure and appliances shall not be installed to the extent feasible as determined by the availability and capacity of electrical power distribution infrastructure.
Mitigation Measure AQ-8: Purchase Mitigation Credits for Operational Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for operational criteria pollutants found in Table 3-1 in BAAQMD’s current CEQA guidelines (2017). The screening limit for general office buildings, office park, or government office building is 346,000 square feet, 323,000 square feet, and 61,000 square feet, respectively. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single-family housing, apartments, low-rise, hotels, strip malls)
If the project is less than the screening limit for the project type, then no further action is required.
Project applicants not excluded by the condition above shall estimate annual average operational emissions for each operational year over the life of the project (20 years) and compare the annual average emissions for each year of operations to the BAAQMD thresholds used in the EIR for criteria pollutants. The emissions estimate shall be 223
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 10 July 2022
provided as part of the project’s initial application to the City for the project. The City will review the estimate and confirm whether offsets are required for operation. Should the City-confirmed estimate indicate that the proposed development estimate would not result in operational emissions exceeding BAAQMD’s daily pollutant thresholds, no further action is required.
For proposed developments that are estimated to result in exceedances of thresholds during any year of the project’s life, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for every year in which operational emissions are estimated to exceed the BAAQMD thresholds. If the estimate shows exceedances of multiple criteria pollutants above the BAAQMD thresholds, then offsets must be obtained to address each pollutant above the thresholds. Emission reduction projects and fee will be determined in consultation between the applicant and the third-party or governmental entity and will include offset provider administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or governmental entity. The emission reductions shall be secured prior to any year in which operational activity is estimated to result in an exceedance.
The payment for the emissions can either be on an annual basis or done once upfront prior to operation.
To qualify under this mitigation measure, the specific emissions reduction project(s) must result in emission reductions in the SFBAAB that are real, surplus, quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
(1) Effects of Mitigation and Remaining Impacts: As described on pages 3.1-22 through 3.1-24 of the draft SEIR, despite implementation of Metro Plan policies, it is reasonably foreseeable that projects developed under the Metro Plan would generate emissions in excess of BAAQMD’s project-level thresholds. Mitigation Measure AQ-7 is required to reduce operational area source emissions to the extent feasible. Mitigation Measure AQ-8 is further required to offset operational criteria pollutant emissions through the purchase of mitigation credits. Through implementation of Mitigation Measures AQ-8, applicants would determine the estimated total emissions for operational activities, and BAAQMD would determine the mitigation fees for each development project’s applicant to pay on a pro rata basis to BAAQMD to offset their pollutant emissions as necessary, such that BAAQMD’s daily pollutant thresholds would not be exceeded. Offsetting emissions below BAAQMD’s threshold levels would ensure future development under the Metro Plan would not contribute a significant level of air pollution such that regional air quality within the SFBAAB would be degraded. Based on recent experience of offsets being feasibly available for other large recent projects in Santa Clara County, it is reasonable to assume that offset programs will be available in the future and thus that emissions can be reduced below threshold levels. Should offset programs be available for future development, operational criteria pollutant emissions under the Metro Plan would be less than significant with mitigation. However, because it cannot be 224
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 11 July 2022
concluded that offset programs would always be available in the future at the time and in the amount needed for any given future development, for the purposes of this EIR analysis, operational air quality impacts are conservatively assumed to be significant and unavoidable.
Additionally, the Project’s operational emissions would potentially exceed BAAQMD’s regional significance thresholds for ROG, NOX, and CO.
Implementation of Mitigation Measure AQ-7 and Mitigation Measure AQ-8 would help ensure that the individual developments within the City would not contribute a significant level of air pollution such that regional air quality within the Basin would be degraded. However, because cumulative development within the City would potentially exceed the BAAQMD regional significance thresholds, the Project Change could contribute to an increase in health effects in the SFBAAB until the attainment standards are met. Accordingly, health impacts related to regional criteria pollutants would be significant and unavoidable.
The Certified EIR concluded that even after implementation of policies included in the 1994 General Plan, criteria air pollutant (ozone, PM10, and PM2.5) impacts due to operation, for which the SFBAAB is in nonattainment, would be significant and unavoidable. Based on the analysis above, with incorporation of the Project Change, operation of the Metro Plan would result in a significant and unavoidable impact related to a cumulatively considerable net increase in criteria pollutants for which the SFBAAB is in nonattainment, even with implementation of Mitigation Measure AQ-7 and Mitigation Measure AQ-8. The Project Change would not result in a change to the Certified EIR’s impact related to criteria air pollutants from operation. Nonetheless, the magnitude of the impact would be greater with operation of the Metro Plan, and the Project Change would result in a substantially more severe impact than what was identified in the Certified EIR.
(2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with operation emissions of criteria air pollutants (CEQA Guidelines Section 15091(a)(3)).
3. Impact AQ-3: Implementation of the Metro Plan would result in a new significant air quality impact that was not identified in the Certified EIR related to exposing sensitive receptors to substantial pollutant concentrations (health impacts related to regional criteria pollutants, TAC emissions). (a) Potential Impact: The potential for implementation of the Metro Plan to result in exposure of sensitive receptors to substantial criteria air pollutant concentrations is described on pages 3.1-24 through 3.1-27 and on page 3.1-29 of the draft SEIR. The potential for implementation of the Metro Plan to result in exposure of sensitive receptors to substantial concentrations of toxic air contaminants (TAC), such as diesel particulate matter (DPM), is described on pages 3.1-27 through 3.1-29 of the draft SEIR. 225
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City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 12 July 2022
(b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measures have been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure AQ-1: Require at Least Tier 4 Final Engines on Construction Equipment
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to further reduce construction- related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities, shall operate on at least an Environmental Protection Act (EPA)- approved Tier 4 Final or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the Metro Plan Area. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine.
Mitigation Measure AQ-2: Require Use of Diesel Trucks with 2010-Compliant Model Year Engines
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines, but no less than the average fleet mix for the current calendar year as set forth in the CARB’s EMFAC database. In the event that 2010 model year or newer diesel trucks cannot be obtained, the contractor must provide documentation to the City showing that a good faith effort to locate such engines was conducted.
Mitigation Measure AQ-3: Require Construction Fleet to Use Renewable Diesel All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 hp and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as high performance renewable diesel).
Mitigation Measure AQ-4: Require Low-VOC Coatings During Construction All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to City prior to the start of construction.
Mitigation Measure AQ-5: Require Fugitive Dust Best Management Practices All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures would be implemented. 226
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 13 July 2022
All exposed surfaces (e.g., parking are as, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day. All haul trucks transporting soil, sand, or other loose material offsite will be covered. All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads, driveways, or driving surfaces shall be limited to 15 miles per hour (mph).
All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
A publicly visible sign will be posted with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone number of the BAAQMD will also be visible to ensure compliance.
Mitigation Measure AQ-6: Purchase Mitigation Credits for Construction Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for construction criteria pollutants found in Table 3-1 in BAAQMD’s current CEQA guidelines (2017). The screening limit for general office buildings, office park, or government office building is 277,000 square feet. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single-family housing, apartments, low-rise, hotels, strip malls). If the project is less than the screening limit for its project type, then applicants shall confirm to the City whether construction-related activities would include any of the following:
Demolition.
Simultaneous occurrence of more than two construction phases (e.g., paving and building construction would occur simu ltaneously) or construction would occur simultaneous with other Metro Plan development.
Simultaneous construction of more than one land use type (e.g., project would develop residential and commercial uses on the same site) (not applicable to high density infill development).
Extensive site preparation (i.e., greater than default assumptions used by the CalEEMod model for grading, cut/fill, or earth movement). Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export) requiring a considerable amount of haul truck activity.
If the project is less than the screening limit for the project type and construction would involve none of the five conditions above, no further action is required. 227
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 14 July 2022
Project applicants not excluded by the conditions above shall estimate annual average emissions for each year of construction and compare the annual average emissions for each year of construction to the applicable BAAQMD thresholds at the time of analysis.
The emissions estimate shall be provided as part of the project’s initial application to the City. The City will review the estimate and confirm whether offsets are required for construction. Should the City-confirmed estimate indicate that the proposed development estimate would not result in construction emissions exceeding BAAQMD’s daily pollutant thresholds, no further action will be required.
For proposed developments that are estimated to result in exceedances of thresholds, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for every year in which construction emissions are estimated to exceed the BAAQMD thresholds. If the estimate shows exceedances of multiple criteria pollutants above the BAAQMD thresholds, then offsets must be obtained to address each pollutant above the thresholds. Emission reduction projects and fee will be determined in consultation between the applicant and the third-party or governmental entity and will include offset provider administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or governmental entity.
The emission reductions shall be secured prior to any year in which construction activity is estimated to result in an exceedance. The payment for the emissions can either be on an annual basis or done once upfront, prior to construction.
To qualify under this mitigation measure, the specific emissions reduction project(s) must result in emission reductions in the SFBAAB that are real, surplus, quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement.
Mitigation Measure AQ-7: Restrict Use of Natural Gas in New Development Future development within the Metro Plan Area shall utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future local building regulations. Natural gas infrastructure and appliances shall not be installed to the extent feasible as determined by the availability and capacity of electrical power distribution infrastructure.
Mitigation Measure AQ-8: Purchase Mitigation Credits for Operational Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for operational criteria pollutants found in Table 3-1 in BAAQMD’s current CEQA guidelines (2017). The screening limit for general office buildings, office park, or government office building is 346,000 square feet, 323,000 square feet, and 61,000 square feet, respectively. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single-family housing, apartments, low-rise, hotels, strip malls)
228
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 15 July 2022
If the project is less than the screening limit for the project type, then no further action is required.
Project applicants not excluded by the condition above shall estimate annual average operational emissions for each operational year over the life of the project (20 years) and compare the annual average emissions for each year of operations to the BAAQMD thresholds used in the EIR for criteria pollutants. The emissions estimate shall be provided as part of the project’s initial application to the City for the project. The City will review the estimate and confirm whether offsets are required for operation. Should the City-confirmed estimate indicate that the proposed development estimate would not result in operational emissions exceeding BAAQMD’s daily pollutant thresholds, no further action is required.
For proposed developments that are estimated to result in exceedances of thresholds during any year of the project’s life, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for every year in which operational emissions are estimated to exceed the BAAQMD thresholds. If the estimate shows exceedances of multiple criteria pollutants above the BAAQMD thresholds, then offsets must be obtained to address each pollutant above the thresholds. Emission reduction projects and fee will be determined in consultation between the applicant and the third-party or governmental entity and will include offset provider administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or governmental entity. The emission reductions shall be secured prior to any year in which operational activity is estimated to result in an exceedance.
The payment for the emissions can either be on an annual basis or done once upfront prior to operation.
To qualify under this mitigation measure, the specific emissions reduction project(s) must result in emission reductions in the SFBAAB that are real, surplus, quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement.
Mitigation Measure AQ-9: Prepare a Health Risk Assessment All applicants proposing development of projects in the Metro Plan Area within 1,000 feet of existing sensitive receptors, as defined by BAAQMD (e.g., residential), shall prepare a site-specific construction and operational Health Risk Assessment (HRA). The HRA shall include all reasonably foreseeable sources of TAC, consistent with BAAQMD guidelines. If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures or PM2.5 concentrations for adjacent receptors would be less than BAAQMD project-level thresholds, then additional mitigation would be unnecessary. However, if the HRA demonstrates that health risks or PM2.5 concentrations would exceed BAAQMD project-level thresholds, additional feasible on- and offsite mitigation would be analyzed by the applicant to help reduce risks to the greatest extent practicable.
Mitigation may include installation of indoor air filters (MERV 13 or higher) at sensitive receptor locations and planting of vegetation and trees as pollution buffers. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
229
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 16 July 2022
(1) Effects of Mitigation and Remaining Impacts: As discussed on pages 3.1-26 through 3.1-27 of the draft SEIR, regional criteria pollutants were discussed in Impact AQ-2a are significant and unavoidable even with mitigation.
Construction emissions resulting from individual projects developed under the Metro Plan could exceed BAAQMD’s regional ROG, NOX, and PM thresholds.
Mitigation Measures AQ-1 through AQ-6 would reduce regional emissions of ROG, NOX, and PM below BAAQMD’s regional thresholds (assuming offset programs are available in the future). Similarly, long-term operation of development under the Metro Plan would result in an increase of in emissions of ROG, NOX, PM10, and PM2.5. Mitigation Measure AQ-7 and Mitigation Measure AQ-8 would reduce regional emissions of ROG, NOX, and PM of individual projects developed under the Metro Plan below BAAQMD’s regional thresholds (assuming offset programs are available in the future). Based on recent experience of offsets being feasibly available for other large recent projects in the Bay Area, it is reasonable to assume that offset programs will be available in the future and thus that emissions can be reduced below threshold levels.
Should offset programs be available for future development, health impacts related to criteria pollutant emissions under the Metro Plan would be less than significant with mitigation, as discussed above. Because it cannot be concluded that offset programs per Mitigation Measure AQ-6 and Mitigation Measure AQ-8 would be available in the future at the time and in the amount needed for any given future development, for the purposes of the SEIR analysis, health impacts related to regional criterial pollutants are conservatively assumed to be significant and unavoidable.
As discussed on pages 3.1-27 through 3.1-29 of the draft SEIR, the potentially significant impacts resulting from exposure of receptors to PM2.5 exhaust from new stationary sources, emissions from increased traffic volumes, and TACs generated during project construction activities would be reduced by Metro Plan policies and mitigation measures. Mitigation Measure AQ-1 would require BMPs to minimize construction emissions. In addition, Policy SC 8.1 in the Metro Plan requires the installation of high-efficiency filters should new sensitive receptors be sited within 500 feet of major roadways and highways in the Metro Plan Area. Reductions achieved by this measure cannot currently be quantified as the locations of these receptors are unknown.
Even with these Metro Plan policies and BMPs, additional emissions generated by new stationary sources, vehicle trips, and construction activity could expose receptors to cancer and non-cancer risks in excess of BAAQMD significance thresholds during construction and operational activities. Mitigation Measure AQ-9 requires applicants to provide a project-level evaluation of construction- and operational-related health risks from future projects. However, because it cannot be concluded what the result of the project level evaluation will be without speculation, it is possible that mitigation for future project health risks may be inadequate to reduce impacts below BAAQMD’s threshold level. This impact would be significant and unavoidable.
230
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Findings of Fact 17 July 2022
The Certified EIR concluded that, after implementation of policies included in the TASP, impacts related to exposing sensitive receptors to TACs would be less than significant. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would have a significant and unavoidable impact with regard to exposing sensitive receptors to PM pollution during construction and operation. Thus, the Project Change would result in a change to the Certified EIR’s impact determination with regard to exposing sensitive receptors to substantial TACs. The Project Change would result in a new significant and unavoidable impact that was not identified in the Certified EIR. (2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with exposure of sensitive receptors to substantial pollutant concentrations (CEQA Guidelines Section 15091(a)(3)).
4. Impact GHG-1: Implementation of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to the generation of greenhouse gas (GHG) emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.
(a) Potential Impact: The potential for implementation of the Metro Plan to generate GHG emissions and have a significant impact on the environment or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs is discussed on pages 3.2-14 through 3.2-23 of the draft SEIR. (b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measures have been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure GHG-1: Require Implementation of BAAQMD-Recommended Construction Best Management Practices
All applicants within the Metro Plan Area shall require their contractors, as a condition of contracts, to reduce construction-related GHG emissions by implementing BAAQMD’s recommended BMPs, including the following measures (based on BAAQMD’s 2017 CEQA Guidelines):
Ensure alternative fueled (e.g., biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet.
Use at least 10 percent local building materials (sourced from within 100 miles of the Metro Plan Area).
Recycle and reuse at least 50 percent of construction waste or demolition materials.
Mitigation Measure GHG-2: Implement Operational GHG Reduction Measures or Their Equivalent
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Applicants of future projects within the Metro Plan Area shall implement the following operational GHG emissions reduction strategies where feasible or demonstrate why a measure is not feasible, and implement equivalent GHG reductions to the foregone measure, or pay a mitigation fee per Mitigation Measure GHG-3 (see below) to compensate for any foregone GHG reductions not implemented. Applicants of future projects that do not propose to implement all of the strategies described below shall prepare a feasibility study outlining why the declined strategies were not implemented (e.g., feasibility, not applicable, etc.), estimating the foregone GHG reductions, and identifying any equivalent GHG reduction measures proposed (or proposal to pay a mitigation fee instead) for the City’s review and concurrence prior to the issuance of building permits.
LEED Certification. The United States Green Building Council (USGBC) is a private 501(c)3, non-profit organization that promotes sustainability in building design, construction, and operation. The USGBC developed the LEED program, which provides a rating system that awards points for new construction based on energy use, materials, water efficiency, and other sustainability criteria. LEED has certification systems for both commercial and residential use.
While LEED allows some flexibility in choice of measures to meet LEED criteria, new construction shall be required to include specific committed measures in use of recycled and sustainable materials in construction, water efficiency, and efficiency of energy use. New development in the Metro Plan Area shall be required to achieve LEED Silver certification or equivalent, or a higher certification, or provide equivalent GHG reductions through proposed new measures or payment of a fee per Mitigation Measure GHG-3.
Natural Gas Infrastructure. Future development within the Metro Plan Area shall utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future regulations. Natural gas infrastructure and appliances shall not be installed to the extent feasible as determined by the availability and capacity of electrical power distribution infrastructure. Solar Roofs. Mounted rooftop electricity-generating solar panels convert solar energy to electricity for use in commercial and residential buildings.
New construction in the Metro Plan Area shall be required to either employ solar roofs on at least 30 percent of roof square footage or provide equivalent GHG reductions through proposed new measures or pay a mitigation fee per Mitigation Measure GHG-3.
The inclusion of solar roofs may be part of meeting LEED Silver or equivalent requirements.
Waste Minimization Programs. For waste that is generated by non-residential uses, recycling, composting of food waste and other organics, and the use of reusable products instead of disposal products diverts solid waste from the landfill stream.
New non-residential uses in the Metro Plan Area shall be required to implement recycling (including organics recycling) and reusable product use programs or provide equivalent GHG reductions through proposed new measures or pay a mitigation fee per 232
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Mitigation Measure GHG-3. The inclusion of these measures may be part of meeting LEED Silver or equivalent requirements.
Mitigation Measure GHG-3: Purchase GHG Mitigation Credits Where a future project in the Metro Plan Area does not propose to implement all of the GHG reduction measures in Mitigation Measure GHG-2 and does not propose equivalent reduction measures to compensate for the measures not implemented, the project applicant shall be required to pay on a pro rata basis for net operational GHG emissions to compensate for emissions foregone from not implementing all measure in Mitigation Measure GHG-2 or providing equivalent reductions.
Applicants may purchase GHG credits from a voluntary GHG credit provider1 that has an established protocol that requires projects generating GHG credits to demonstrate that the reduction of GHG emissions are real, permanent, quantifiable, verifiable, enforceable, and additional (per the definition in California Health and Safety Code Sections 38562(d)(1) and (2)). Definitions for these terms are as follows. Real: Estimated GHG reductions should not be an artifact of incomplete or inaccurate emissions accounting. Methods for quantifying emission reductions should be conservative to avoid overstating a project’s effects. The effects of a project on GHG emissions must be comprehensively accounted for, including unintended effects (often referred to as “leakage”). To ensure that GHG reductions are real, the reduction must be a direct reduction within a confined project boundary.
Additional: GHG reductions must be additional to any that would have occurred in the absence of the Climate Action Reserve, or of a market for GHG reductions generally. “Business as usual” reductions (i.e., those that would occur in the absence of a GHG reduction market) should not be eligible for registration. Permanent: To function as offsets to GHG emissions, GHG reductions must effectively be “permanent.” This means, in general, that any net reversal in GHG reductions used to offset emissions must be fully accounted for and compensated through the achievement of additional reductions.
Quantifiable: GHG reductions or GHG removal enhancements must be able to be accurately measured and calculated relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset project boundary, while accounting for uncertainty and activity-shifting leakage and market-shifting leakage.
Verified: GHG reductions must result from activities that have been verified.
Verification requires third-party review of monitoring data for a project to ensure the data are complete and accurate.
Enforceable: The emission reductions from offset must be backed by a legal instrument or contract that defines exclusive ownership and the legal instrument
1 Examples of potential GHG credit sources include the Climate Action Reserve Voluntary Offset Registry and Climate Forward program, the American Carbon Registry, or other providers using the Verified Carbon Standard. 233
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can be enforced within the legal system in the country in which the offset project occurs or through other compulsory means. Please note that per this mitigation measure, only credits originating within the United States are allowed.
GHG credits must also meet the following requirements:
GHG credits may be in the form of GHG offsets for prior reductions of GHG emissions verified through protocols or forecasted mitigation units for future committed GHG emissions meeting protocols.
All credits shall be documented per protocols functionally equivalent in terms of stringency to CARB’s protocol for offsets in the cap and trade program. The applicant must provide the protocols from the credit provider and must document why the protocols are functionally equivalent.
Applicants shall identify GHG credits in geographies closest to Santa Clara County first and only turn to larger geographies (i.e., California, United States, global) if adequate credits cannot be found in closer geographies, or the procurement of such credits would create an undue financial burden. Applicants shall provide the following justification for not using credits in closer geographies in terms of either availability or cost prohibition:
o Lack of enough credits available in closer geographies. o Prohibitively costly credits in closer geographies are defined as credits costing more than 300 percent the amount of the current costs of credits in the regulated CARB offset market.
o Documentation submitted supporting GHG credit proposals shall be prepared by individuals qualified in GHG credit development and verification and such individuals shall certify the following: (1) proposed credits meet the definitions for the criteria provided in this measure; and (2) the protocols used for the credits meet or exceed the standards for stringency used in CARB protocols for offsets under the California cap-and-trade system.
This mitigation includes the following specific requirements for applicants of future projects within the Metro Plan Area:
Applicants shall provide the City with a 30-year operational GHG emissions estimate for the final design that includes two scenarios: (1) project operations including all Mitigation Measure GHG-2 reduction measures; and (2) project operations only including those Mitigation Measure GHG-2 reduction measures the applicant proposes to implement and any alternative GHG reduction measures proposed by the applicant. The emissions estimate can be focused exclusively on the sectors where Mitigation Measure GHG-2 measures will not be fully implemented. The difference between the Scenario 1 and Scenario 2 operational emissions will define the amount of needed annual GHG reductions to be addressed through purchase of GHG mitigation credits. The City shall review the emission estimates to ensure they are representative and determine the total amount of annual GHG emissions required to be addressed through purchase of mitigation credits. 234
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Applicants shall purchase GHG mitigation credits meeting the above requirements and provide documentation to the City of how the credits meet the above requirements.
Applicants shall provide the City with documentation of the retirement of sufficient GHG credits to meet the annual GHG reduction amount prior to January 1 of each calendar year for the following year. This requirement shall apply to operations for up to 30 years. Applicants may purchase credits up front or in advance as they choose. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
(1) Effects of Mitigation and Remaining Impacts: As described on pages 3.2-19 and 3.2-23 of the draft SEIR, while the City would encourage implementation of voluntary sustainability features through the Metro Plan, there is no guarantee that all of these measures will be incorporated into the designs of all future developments. Furthermore, as discussed above, the Metro Plan Area will have waste and wastewater GHG emissions in 2045. Thus, this is a potentially significant impact.
Implementation of Mitigation Measure GHG-2 would reduce operational GHG emissions in the sectors with the largest amount of emissions. Mitigation Measure GHG-2, which includes requirements for Leadership in Energy and Environmental Design (LEED) certification or equivalent, electric space and water heating, solar roofs, and waste diversion programs, would also ensure consistency with the Scoping Plan and the long-term statewide reduction trajectory. Should all measures included in Mitigation Measure GHG-2 be implemented by a future project sponsor within the Metro Plan Area, that development would be consistent with the Metro Plan and the state’s reduction targets for 2030.
Additionally, because the extent of implementation of Mitigation Measure GHG- 2 is currently unknown (e.g., applicability and feasibility), impacts from future development could remain significant for some sectors if all strategies are not implemented for a particular project or equivalent measures are not identified by a project sponsor. For projects where all of the requirements of Mitigation Measure GHG-2 (or their equivalent) are not implemented, Mitigation Measure GHG-3 would reduce net operational GHG emissions through purchase of GHG mitigation credits. Even with implementation of Mitigation Measures GHG-2 and Mitigation Measure GHG-3, the Metro Plan Area may still have GHG emissions by 2045 (as discussed above) and thus would not achieve carbon neutrality. Thus, operations of the Metro Plan would result in a significant and unavoidable impact.
The Certified EIR concluded that after implementation of policies included in the TASP, GHG impacts would be less than significant. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would result in a significant and unavoidable impact related to operational GHG emissions and would be inconsistent with the state’s carbon neutrality goal by 2045, even with implementation of Mitigation Measures GHG-2 and GHG-3. Thus, the Project Change would result in a change to the Certified EIR’s impact determination 235
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Findings of Fact 22 July 2022
related to GHG emissions. The Project Change would result in a new significant and unavoidable impact that was not identified in the Certified EIR. (2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with GHG emissions (CEQA Guidelines Section 15091(a)(3)).
5. Impact NOI-1: Construction of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to generating a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies. (a) Potential Impact: The potential for construction of the Metro Plan to generate a substantial temporary or permanent increase in ambient noise levels in excess of standards established in the general plan or noise ordinance is described on page 3.4-15 through 3.4-18 of the draft SEIR.
(b) Mitigation Measures: No feasible mitigation is available. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
(1) Effects of Mitigation and Remaining Impacts: As described on pages 3.4-17 through 3.4-18 of the draft SEIR, construction noise would be reduced by General Plan Policies N 1-5 and N 1-8, as well as Action N-1b, Action N-1c, and Action N-1d. Policy N 1-8 of the General Plan requires construction activities to comply with standard best practices to reduce noise exposure to adjacent sensitive receptors. In addition, General Plan Action N-1d requires that projects be evaluated individually during the environmental review process to determine if project construction would constitute a significant impact on nearby sensitive receptors. If impacts are identified, mitigation measures pertaining to construction noise would be required in addition to the standard best practices required in Action N-1d of the General Plan.
The requirements in Action N-1d of the General Plan, which would apply to all development under the Metro Plan, would reduce impacts related to construction noise in the Metro Plan Area. However, it is not possible to ensure that in all instances and for all future projects, that compliance with General Plan Policies and Actions would reduce construction noise to less-than- significant levels. For example, certain projects may require construction noise during nighttime hours for various reasons (e.g., projects that require road closures, concrete pour activities that require early morning starts to prevent concrete curing prematurely). Therefore, even with the requirement that mitigation measures be applied to reduce construction noise for future projects pursuant to the General Plan, some future projects may result in significant construction noise impacts that cannot be reduced to less-than-significant levels with mitigation.
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The Certified EIR concluded that after implementation of policies included in the 1994 General Plan and TASP, construction noise impacts would be less than significant. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would result in a significant and unavoidable impact related to construction noise even with implementation of applicable General Plan policies. Thus, the Project Change would result in a change to the Certified EIR’s impact determination related to construction noise. The Project Change would result in a new significant and unavoidable impact that was not identified in the Certified EIR.
(2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with construction noise (CEQA Guidelines Section 15091(a)(3)).
6. Impact NOI-3: Construction of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to exposing persons to or generating excessive ground-borne vibration or ground-borne noise levels.
Operation of the Metro Plan would not result in a new or substantially more severe impact than what was identified in the Certified EIR related to exposing persons to or generating excessive ground-borne vibration or ground-borne noise levels.
(a) Potential Impact: The potential for construction of the Metro Plan to generate excessive groundborne vibration is described on pages 3.4-27 through 3.4-34 of the draft SEIR.
(b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measures have been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure NOI-2: Protect Potentially Susceptible Structures from Construction-Generated Vibration
If a future development project in the Metro Plan requires any of the following construction activities, then this measure would apply:
Pile driving within approximately 100 feet of an existing structure. Construction with other ground-disturbing equipment (e.g., jackhammers, bulldozers, excavators, etc.) within 25 feet of an existing structure.
The construction contractor shall consult with the City to determine whether adjacent or nearby structures could be adversely affected by construction-generated vibration. If buildings adjacent to construction activity are identified that could be adversely affected, the project applicant will incorporate into construction specifications for their project a requirement that the construction contractor(s) use all feasible means to avoid damage to adjacent and nearby buildings. Such methods to help reduce vibration-related damage effects may include maintaining a safe distance between the construction site and the potentially affected building (e.g., at 237
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least 100 feet for “historic and some old buildings”) or using “quiet” pile-driving technologies (such as predrilling piles or using sonic pile drivers).
Should pile driving be required within 100 feet of a building in the “historic or some old building” category, within 75 feet of buildings in the “older residential structures” category, and within 55 feet of buildings in the “modern industrial/commercial” category, the City will work with the construction contractor to implement a monitoring program to minimize damage to adjacent buildings and ensure that any such damage is documented and repaired. If required, the monitoring program will include the following components:
Prior to the start of any ground-disturbing activity, the project applicant will engage a historic architect or qualified historic preservation professional to undertake a preconstruction survey of nearby affected buildings that may be considered historic.
For buildings that are not potentially historic, a structural engineer or other professional with similar qualifications will document and photograph the existing conditions of potentially affected buildings within 100 feet of pile-driving activity. Based on the construction and condition of the resource(s), the consultant will also establish a standard maximum vibration level that will not be exceeded at any building, based on existing conditions, character-defining features, soil conditions, and anticipated construction practices. Common standards are a peak particle velocity of 0.25 inch per second for “historic and some old buildings,” a peak particle velocity of 0.3 inch per second for “older residential structures,” and a peak particle velocity of 0.5 inch per second for “new residential structures” and “modern industrial/commercial buildings,” as shown in Table 3.4-2. To ensure that vibration levels do not exceed the established standard, the project applicant will monitor vibration levels at each structure and prohibit vibratory construction activities that generate vibration levels in excess of the standard. Should vibration levels be observed in excess of the selected standard, construction will be halted, and alternative construction techniques put in practice, to the extent feasible (e.g., predrilled piles could be substituted for driven piles, if feasible, based on soil conditions, or smaller, lighter equipment could be used in some cases). The historic preservation professional (for effects on historic buildings) and/or structural engineer (for effects on non-historic structures) will conduct regular periodic inspections (every 3 months) of each building during ground-disturbing activity on the project site. Should damage to any building occur, the building(s) will be remediated to their preconstruction condition at the conclusion of ground- disturbing activity on the site.
Mitigation Measure NOI-3: Implement Nighttime Construction Vibration Control Plan to Reduce Vibration-Related Annoyance Impacts on Adjacent Land Uses
Should vibration-generating construction activities for future development under the Metro Plan be proposed outside of the daytime hours of 7:00 a.m. to 7:00 p.m. and should non-pile driving equipment be proposed within 25 feet of occupied residences or buildings where people sleep, the construction contractor for a project in the Metro Plan Area shall develop a nighttime construction vibration control plan.
In addition, should nighttime pile driving activities be proposed within 100 feet of 238
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such buildings, the construction contractor for a project in the Metro Plan Area shall similarly develop a nighttime construction vibration control plan. The construction vibration control plan shall demonstrate that vibration levels at the residential land uses during nighttime hours will not exceed 0.1 PPV in/sec.
In addition, the construction contractor will appoint a project vibration coordinator who will serve as the point of contact for vibration-related complaints during project construction. The contact information for the project vibration coordinator shall be posted at the project site and on a publicly available project website for future development projects under the Metro Plan. Should residents in the project area submit complaints to the project vibration coordinator for nighttime construction vibration concerns, the project vibration coordinator shall work with the construction team to adjust activities to reduce vibration or to reschedule activities for a less sensitive time.
(c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
(1) Effects of Mitigation and Remaining Impacts: As described on pages 3.4-29 through 3.4-34 of the draft SEIR, the Metro Plan does not include policies related to ground-borne vibration from construction activities. However, Policy N 1-8, Action N-1c, and Action N-1d in the 2040 General Plan would help reduce the effects of construction-related vibration on sensitive uses. For example, the implementation of standard best practices for construction noise (see General Plan Policy N 1-8) would also help reduce construction vibration. Actions under this policy include a requirement for developers to prepare a construction management/noise mitigation plan that defines BMPs to reduce construction noise and suggests that mitigation measures be implemented. For example, measures under this Action that would reduce construction-related vibration impacts are the requirements to locate stationary equipment as far as practical from sensitive receptors, to locate construction staging areas farther from occupied sensitive uses, notifying neighbors adjacent to the construction sites of upcoming construction, and designating a “noise disturbance coordinator” who will be responsible for responding to any local complaints about construction noise (or vibration).. Another suggested mitigation measure is limiting the allowable hours for construction activity to between 7:00 a.m. and 7:00 p.m., when people are generally less sensitive to vibration and noise. Should construction for a future project be limited to these daytime hours, sleep disturbance and vibration-related annoyance impacts would be less than significant based on the thresholds defined in this analysis. However, even with implementation of these policies, vibration-related damage and annoyance impacts from future construction would be potentially significant.
Mitigation Measure NOI-2 would be required to reduce construction-related damage impacts. However, it is not possible to ensure that in all instances and for all future projects, mitigation measures would reduce construction vibration to less-than-significant levels. For example, certain projects may require construction to take place at very close distances to existing structures.
Therefore, even with the requirement that mitigation measures be applied to reduce construction vibration for future projects, some future projects may 239
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result in significant vibration-related damage impacts from construction that cannot be reduced to less-than-significant levels with mitigation.
Mitigation Measure NOI-3 would be required to reduce construction-related annoyance impacts. However, it is not possible to ensure that mitigation measures would reduce construction vibration to less-than-significant levels in all instances and for all future projects. For example, certain projects may require construction take place at very close distances to existing occupied residences. Therefore, even with the requirement that mitigation measures be applied to reduce construction vibration for future projects, some future projects may result in significant vibration-related annoyance impacts from construction that cannot be reduced to less-than-significant levels with mitigation.
The Certified EIR concluded that after implementation of a VTA BART Expansion SEIR mitigation measure and policies included in the TASP, vibration impacts from operation of the TASP would be less than significant. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would have a less-than-significant impact related to operational sources of vibration.
The Project Change would not alter the result of the Certified EIR’s impact determination related to operational vibration impacts. For operational vibration impacts the Project Change would not result in new or substantially more severe effects that were not analyzed in the Certified EIR, and no substantial changes in circumstances have occurred that could result in new or substantially more severe effects than were in the Certified EIR.
The Certified EIR did not make a determination regarding vibration impacts from construction activities in the TASP area. Based on the analysis above, with incorporation of the Project Change, construction of the Metro Plan would result in a significant and unavoidable vibration impact, even with implementation of Mitigation Measure NOI-2 and Mitigation Measure NOI-3. Thus, the Project Change would result in a new significant and unavoidable impact that was not identified in the Certified EIR.
(2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with construction vibration (CEQA Guidelines Section 15091(a)(3)).
7. Impact C-AQ-1: Implementation of the Metro Plan would result in new and substantially more severe cumulative air quality impacts that were not identified in the Certified EIR.
(a) Potential Impact: The potential for implementation of the Metro Plan to result in a cumulatively considerable contribution to a significant cumulative air quality impact is discussed on pages 4-4 through 4-6 of the draft SEIR.
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(b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measures have been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure AQ-1: Require at Least Tier 4 Final Engines on Construction Equipment
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to further reduce construction- related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities, shall operate on at least an Environmental Protection Act (EPA)- approved Tier 4 Final or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the Metro Plan Area. The construction contract must identify these pieces of equipment, document their unavailability, and ensure that they operate on no less than an EPA- approved Tier 3 engine.
Mitigation Measure AQ-2: Require Use of Diesel Trucks with 2010-Compliant Model Year Engines
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines, but no less than the average fleet mix for the current calendar year as set forth in the CARB’s EMFAC database. In the event that 2010 model year or newer diesel trucks cannot be obtained, the contractor must provide documentation to the City showing that a good faith effort to locate such engines was conducted.
Mitigation Measure AQ-3: Require Construction Fleet to Use Renewable Diesel All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 hp and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as high performance renewable diesel).
Mitigation Measure AQ-4: Require Low-VOC Coatings During Construction All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to City prior to the start of construction.
Mitigation Measure AQ-5: Require Fugitive Dust Best Management Practices All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures would be implemented. 241
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All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day. All haul trucks transporting soil, sand, or other loose material offsite will be covered. All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads, driveways, or driving surfaces shall be limited to 15 miles per hour (mph).
All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
A publicly visible sign will be posted with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take co rrective action within 48 hours. The phone number of the BAAQMD will also be visible to ensure compliance.
Mitigation Measure AQ-6: Purchase Mitigation Credits for Construction Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for construction criteria pollutants found in Table 3-1 in BAAQMD’s current CEQA guidelines (2017). The screening limit for general office buildings, office park, or government office building is 277,000 square feet. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single-family housing, apartments, low-rise, hotels, strip malls). If the project is less than the screening limit for its project type, then applicants shall confirm to the City whether construction-related activities would include any of the following:
Demolition.
Simultaneous occurrence of more than two construction phases (e.g., paving and building construction would occur simultaneously) or construction would occur simultaneous with other Metro Plan development.
Simultaneous construction of more than one land use t ype (e.g., project would develop residential and commercial uses on the same site) (not applicable to high density infill development).
Extensive site preparation (i.e., greater than default assumptions used by the CalEEMod model for grading, cut/fill, or earth movement). Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export) requiring a considerable amount of haul truck activity.
If the project is less than the screening limit for the project type and construction would involve none of the five conditions above, no further action is required. 242
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Project applicants not excluded by the conditions above shall estimate annual average emissions for each year of construction and compare the annual average emissions for each year of construction to the applicable BAAQMD thresholds at the time of analysis.
The emissions estimate shall be provided as part of the project’s initial application to the City. The City will review the estimate and confirm whether offsets are required for construction. Should the City-confirmed estimate indicate that the proposed development estimate would not result in construction emissions exceeding BAAQMD’s daily pollutant thresholds, no further action will be required.
For proposed developments that are estimated to result in exceedances of thresholds, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for every year in which construction emissions are estimated to exceed the BAAQMD thresholds. If the estimate shows exceedances of multiple criteria pollutants above the BAAQMD thresholds, then offsets must be obtained to address each pollutant above the thresholds. Emission reduction projects and fee will be determined in consultation between the applicant and the third-party or governmental entity and will include offset provider administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or governmental entity.
The emission reductions shall be secured prior to any year in which construction activity is estimated to result in an exceedance. The payment for the emissions can either be on an annual basis or done once upfront, prior to construction.
To qualify under this mitigation measure, the specific emissions reduction project(s) must result in emission reductions in the SFBAAB that are real, surplus, quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement.
Mitigation Measure AQ-7: Restrict Use of Natural Gas in New Development Future development within the Metro Plan Area shall utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future local building regulations. Natural gas infrastructure and appliances shall be installed to the extent feasible as determined by the availability and capacity of electrical power distribution infrastructure.
Mitigation Measure AQ-8: Purchase Mitigation Credits for Operational Emissions Exceeding BAAQMD’s Daily Pollutant Thresholds
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for operational criteria pollutants found in Table 3-1 in BAAQMD’s current CEQA guidelines (2017). The screening limit for general office buildings, office park, or government office building is 346,000 square feet, 323,000 square feet, and 61,000 square feet, respectively. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single-family housing, apartments, low-rise, hotels, strip malls)
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If the project is less than the screening limit for the project type, then no further action is required.
Project applicants not excluded by the condition above shall estimate annual average operational emissions for each operational year over the life of the project (20 years) and compare the annual average emissions for each year of operations to the BAAQMD thresholds used in the EIR for criteria pollutants. The emissions estimate shall be provided as part of the project’s initial application to the City for the project. The City will review the estimate and confirm whether offsets are required for operation. Should the City-confirmed estimate indicate that the proposed development estimate would not result in operational emissions exceeding BAAQMD’s daily pollutant thresholds, no further action is required.
For proposed developments that are estimated to result in exceedances of thresholds during any year of the project’s life, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for every year in which operational emissions are estimated to exceed the BAAQMD thresholds. If the estimate shows exceedances of multiple criteria pollutants above the BAAQMD thresholds, then offsets must be obtained to address each pollutant above the thresholds. Emission reduction projects and fee will be determined in consultation between the applicant and the third-party or governmental entity and will include offset provider administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or governmental entity. The emission reductions shall be secured prior to any year in which operational activity is estimated to result in an exceedance.
The payment for the emissions can either be on an annual basis or done once upfront prior to operation.
To qualify under this mitigation measure, the specific emissions reduction project(s) must result in emission reductions in the SFBAAB that are real, surplus, quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement.
Mitigation Measure AQ-9: Prepare a Health Risk Assessment All applicants proposing development of projects in the Metro Plan Area within 1,000 feet of existing sensitive receptors, as defined by BAAQMD (e.g., residential), shall prepare a site-specific construction and operational Health Risk Assessment (HRA). The HRA shall include all reasonably foreseeable sources of TAC, consistent with BAAQMD guidelines. If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures or PM2.5 concentrations for adjacent receptors would be less than BAAQMD project-level thresholds, then additional mitigation would be unnecessary. However, if the HRA demonstrates that health risks or PM2.5 concentrations would exceed BAAQMD project-level thresholds, additional feasible on- and offsite mitigation would be analyzed by the applicant to help reduce risks to the greatest extent practicable.
Mitigation may include installation of indoor air filters (MERV 13 or higher) at sensitive receptor locations and planting of vegetation and trees as pollution buffers. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
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(1) Effects of Mitigation and Remaining Impacts: As discussed on pages 4-5 through 4-6 of the draft SIER, per BAAQMD guidelines, exceedances of project- level thresholds would be cumulatively considerable, and the cumulative impact would be significant. As discussed in Impacts AQ-2a and AQ-2b, construction and operational emissions resulting from individual projects developed under the Specific Plan could exceed BAAQMD’s regional ROG, NOX, PM10, and PM2.5 thresholds. Mitigation Measures AQ-1 through AQ-8 could reduce regional emissions of ROG, NOX, PM10, and PM2.5 to a level below BAAQMD’s regional thresholds. Because it cannot be concluded that offset programs per Mitigation Measures AQ-6 and AQ-8 would be available in the future at the time and in the amount needed for any given future development under the Metro Plan, for the purposes of the SEIR analysis, impacts during construction and operation related to regional criterial pollutants quality impacts from the project are conservatively assumed to result in a significant and unavoidable cumulative impact.
Existing nearby DPM sources and the Metro Plan could contribute to a cumulative health risk for sensitive receptors near the Metro Plan Area. As discussed under Impact AQ-3, a quantitative evaluation of potential health risk impacts for the Metro Plan is not possible. Mitigation Measures AQ-1 through AQ-9 would develop and maintain best practices for reducing emissions associated with construction and operational activities and require that new development with sensitive receptors adjacent to TAC sources be designed to minimize health risks, which would reduce construction and operational health risks for existing and future receptors. However, there may be instances where project-specific conditions would preclude a reduction in the health risk to a level below adopted thresholds and expose receptors to cumulative health risks.
For instance, this may include the installation or operation of new stationary sources of TACs (e.g., generators) on the project site that result in significant PM2.5 concentrations. However, BAAQMD permitting would ensure that cancer risks and the hazard index would be below the applicable thresholds but would not ensure that PM2.5 concentrations would be below the applicable threshold.
In addition, future development projects under the Metro Plan could generate DPM, PM2.5, or other TACs that could expose adjacent receptors to significant health risks (e.g., from construction and operational sources that are adjacent to sensitive receptors). Therefore, it is conservatively assumed that the Metro Plan in combination with other past, present, and reasonably foreseeable future projects would result in a cumulative impact that would be significant and unavoidable.
The Certified EIR concluded that cumulative impacts on to air quality would be significant and unavoidable due to conflicts with air quality plans and criteria air pollutants due to operation. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would have a significant and unavoidable cumulative impact on air quality due to impacts during construction and operation related to regional criterial pollutants quality impacts and exposing adjacent receptors to significant health risks. The Project Change would result in new cumulative air quality impacts (criteria air pollutants during construction 245
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and exposing adjacent receptors to significant health risks) and substantially more severe cumulative air quality impacts (criteria air pollutants during operation) than what was analyzed in the Certified EIR. (2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with cumulative air quality impacts (CEQA Guidelines Section 15091(a)(3)).
8. Impact C-GHG-1: Implementation of the Metro Plan would result in new cumulative greenhouse gas emissions impacts that were not identified in the Certified EIR.
(a) Potential Impact: The potential for implementation of the Metro Plan to result in cumulative GHG emissions is discussed on pages 4-11 through 4-12 of the draft SEIR. (b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measures have been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure GHG-1: Require Implementation of BAAQMD-Recommended Construction Best Management Practices
All applicants within the Metro Plan Area shall require their contractors, as a condition of contracts, to reduce construction-related GHG emissions by implementing BAAQMD’s recommended BMPs, including the following measures (based on BAAQMD’s 2017 CEQA Guidelines):
Ensure alternative fueled (e.g., biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet.
Use at least 10 percent local building materials (sourced from within 100 miles of the Metro Plan Area).
Recycle and reuse at least 50 percent of construction waste or demolition materials.
Mitigation Measure GHG-2: Implement Operational GHG Reduction Measures or Their Equivalent
Applicants of future projects within the Metro Plan Area shall implement the following operational GHG emissions reduction strategies where feasible or demonstrate why a measure is not feasible, and implement equivalent GHG reductions to the foregone measure, or pay a mitigation fee per Mitigation Measure GHG-3 (see below) to compensate for any foregone GHG reductions not implemented. Applicants of future projects that do not propose to implement all of the strategies described below shall prepare a feasibility study outlining why the declined strategies were not implemented (e.g., feasibility, not applicable, etc.), estimating the foregone GHG reductions, and identifying any equivalent GHG reduction measures proposed (or proposal to pay a mitigation fee instead) for the City’s review and concurrence prior to the issuance of building permits.
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LEED Certification. The United States Green Building Council (USGBC) is a private 501(c)3, non-profit organization that promotes sustainability in building design, construction, and operation. The USGBC developed the LEED program, which provides a rating system that awards points for new construction based on energy use, materials, water efficiency, and other sustainability criteria. LEED has certification systems for both commercial and residential use.
While LEED allows some flexibility in choice of measures to meet LEED criteria, new construction shall be required to include specific committed measures in use of recycled and sustainable materials in construction, water efficiency, and efficiency of energy use. New development in the Metro Plan Area shall be required to achieve LEED Silver certification or equivalent, or a higher certification, or provide equivalent GHG reductions through proposed new measures or payment of a fee per Mitigation Measure GHG-3.
Natural Gas Infrastructure. Future development within the Metro Plan Area shall utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future regulations. Natural gas infrastructure and appliances shall not be installed to the extent feasible as determined by the availability and capacity of electrical power distribution infrastructure. Solar Roofs. Mounted rooftop electricity-generating solar panels convert solar energy to electricity for use in commercial and residential buildings.
New construction in the Metro Plan Area shall be required to either employ solar roofs on at least 30 percent of roof square footage or provide equivalent GHG reductions through proposed new measures or pay a mitigation fee per Mitigation Measure GHG-3. The inclusion of solar roofs may be part of meeting LEED Silver or equivalent requirements.
Waste Minimization Programs. For waste that is generated by non-residential uses, recycling, composting of food waste and other organics, and the use of reusable products instead of disposal products diverts solid waste from the landfill stream.
New non-residential uses in the Metro Plan Area shall be required to implement recycling (including organics recycling) and reusable product use programs or provide equivalent GHG reductions through proposed new measures or pay a mitigation fee per Mitigation Measure GHG-3. The inclusion of these measures may be part of meeting LEED Silver or equivalent requirements.
Mitigation Measure GHG-3: Purchase GHG Mitigation Credits Where a future project in the Metro Plan Area does not propose to implement all of the GHG reduction measures in Mitigation Measure GHG-2 and does not propose equivalent reduction measures to compensate for the measures not implemented, the project applicant shall be required to pay on a pro rata basis for net operational GHG emissions to compensate for emissions foregone from not implementing all measure in Mitigation Measure GHG-2 or providing equivalent reductions.
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Applicants may purchase GHG credits from a voluntary GHG credit provider2 that has an established protocol that requires projects generating GHG credits to demonstrate that the reduction of GHG emissions are real, permanent, quantifiable, verifiable, enforceable, and additional (per the definition in California Health and Safety Code Sections 38562(d)(1) and (2)). Definitions for these terms are as follows. Real: Estimated GHG reductions should not be an artifact of incomplete or inaccurate emissions accounting. Methods for quantifying emission reductions should be conservative to avoid overstating a project’s effects. The effects of a project on GHG emissions must be comprehensively accounted for, including unintended effects (often referred to as “leakage”). To ensure that GHG reductions are real, the reduction must be a direct reduction within a confined project boundary.
Additional: GHG reductions must be additional to any that would have occurred in the absence of the Climate Action Reserve, or of a market for GHG reductions generally. “Business as usual” reductions (i.e., those that would occur in the absence of a GHG reduction market) should not be eligible for registration. Permanent: To function as offsets to GHG emissions, GHG reductions must effectively be “permanent.” This means, in general, that any net reversal in GHG reductions used to offset emissions must be fully accounted for and compensated through the achievement of additional reductions.
Quantifiable: GHG reductions or GHG removal enhancements must be able to be accurately measured and calculated relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset project boundary, while accounting for uncertainty and activity-shifting leakage and market-shifting leakage.
Verified: GHG reductions must result from activities that have been verified.
Verification requires third-party review of monitoring data for a project to ensure the data are complete and accurate.
Enforceable: The emission reductions from offset must be backed by a legal instrument or contract that defines exclusive ownership and the legal instrument can be enforced within the legal system in the country in which the offset project occurs or through other compulsory means. Please note that per this mitigation measure, only credits originating within the United States are allowed.
GHG credits must also meet the following requirements:
GHG credits may be in the form of GHG offsets for prior reductions of GHG emissions verified through protocols or forecasted mitigation units for future committed GHG emissions meeting protocols.
All credits shall be documented per protocols functionally equivalent in terms of stringency to CARB’s protocol for offsets in the cap and trade program. The
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applicant must provide the protocols from the credit provider and must document why the protocols are functionally equivalent.
Applicants shall identify GHG credits in geographies closest to Santa Clara County first and only turn to larger geographies (i.e., California, United States, global) if adequate credits cannot be found in closer geographies, or the procurement of such credits would create an undue financial burden. Applicants shall provide the following justification for not using credits in closer geographies in terms of either availability or cost prohibition:
o Lack of enough credits available in closer geographies. o Prohibitively costly credits in closer geographies are defined as credits costing more than 300 percent the amount of the current costs of credits in the regulated CARB offset market.
o Documentation submitted supporting GHG credit proposals shall be prepared by individuals qualified in GHG credit development and verification and such individuals shall certify the following: (1) proposed credits meet the definitions for the criteria provided in this measure; and (2) the protocols used for the credits meet or exceed the standards for stringency used in CARB protocols for offsets under the California cap-and-trade system.
This mitigation includes the following specific requirements for applicants of future projects within the Metro Plan Area:
Applicants shall provide the City with a 30-year operational GHG emissions estimate for the final design that includes two scenarios: (1) project operations including all Mitigation Measure GHG-2 reduction measures; and (2) project operations only including those Mitigation Measure GHG-2 reduction measures the applicant proposes to implement and any alternative GHG reduction measures proposed by the applicant. The emissions estimate can be focused exclusively on the sectors where Mitigation Measure GHG-2 measures will not be fully implemented. The difference between the Scenario 1 and Scenario 2 operational emissions will define the amount of needed annual GHG reductions to be addressed through purchase of GHG mitigation credits. The City shall review the emission estimates to ensure they are representative and determine the total amount of annual GHG emissions required to be addressed through purchase of mitigation credits.
Applicants shall purchase GHG mitigation credits meeting the above requirements and provide documentation to the City of how the credits meet the above requirements.
Applicants shall provide the City with documentation of the retirement of sufficient GHG credits to meet the annual GHG reduction amount prior to January 1 of each calendar year for the following year. This requirement shall apply to operations for up to 30 years. Applicants may purchase credits up front or in advance as they choose. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
(1) Effects of Mitigation and Remaining Impacts: As described on pages 4-11 through 4-12 of the draft SEIR, climate change is a global problem, and GHGs are global pollutants, unlike criteria air pollutants (e.g., ozone precursors), which are primarily pollutants of regional and local concern. Given the long 249
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atmospheric lifetimes, GHGs emitted by sources worldwide accumulate in the atmosphere. No single emitter of GHGs is large enough to trigger global climate change on its own. Rather, climate change is the result of the individual contributions of countless past, present, and future sources. Therefore, GHG emissions impacts are inherently cumulative. As described for Impact GHG-1, GHG impacts would be considered significant and unavoidable. Accordingly, cumulative GHG impacts would also be considered significant and unavoidable.
The Certified EIR concluded that cumulative GHG impacts would be less than significant. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would have a significant and unavoidable cumulative GHG impact. The Project Change would result in new cumulative GHG impacts than what was analyzed in the Certified EIR.
(2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with cumulative GHG emissions (CEQA Guidelines Section 15091(a)(3)).
9. Impact C-NOI-1: Implementation of the Metro Plan would result in new cumulative noise impacts that were not identified in the Certified EIR (construction noise).
(a) Potential Impact: The potential for implementation of the Metro Plan to result in a cumulatively considerable contribution to a significant cumulative noise is discussed on pages 4-16 through 4-19 of the draft SEIR.
(b) Mitigation Measures: Pursuant to CEQA Guidelines Section 15091, the following mitigation measure have been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure NOI-2: Protect Potentially Susceptible Structures from Construction-Generated Vibration
If a future development project in the Metro Plan requires any of the following construction activities, then this measure would apply:
Pile driving within approximately 100 feet of an existing structure. Construction with other ground-disturbing equipment (e.g., jackhammers, bulldozers, excavators, etc.) within 25 feet of an existing structure.
The construction contractor shall consult with the City to determine whether adjacent or nearby structures could be adversely affected by construction-generated vibration. If buildings adjacent to construction activity are identified that could be adversely affected, the project applicant will incorporate into construction specifications for their project a requirement that the construction contractor(s) use all feasible means to avoid damage to adjacent and nearby buildings. Such methods to help reduce vibration-related damage effects may include maintaining a safe distance between the construction site and the potentially affected building (e.g., at 250
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least 100 feet for “historic and some old buildings”) or using “quiet” pile-driving technologies (such as predrilling piles or using sonic pile drivers).
Should pile driving be required within 100 feet of a building in the “historic or some old building” category, within 75 feet of buildings in the “older residential structures” category, and within 55 feet of buildings in the “modern industrial/commercial” category, the City will work with the construction contractor to implement a monitoring program to minimize damage to adjacent buildings and ensure that any such damage is documented and repaired. If required, the monitoring program will include the following components:
Prior to the start of any ground-disturbing activity, the project applicant will engage a historic architect or qualified historic preservation professional to undertake a preconstruction survey of nearby affected buildings that may be considered historic.
For buildings that are not potentially historic, a structural engineer or other professional with similar qualifications will document and photograph the existing conditions of potentially affected buildings within 100 feet of pile-driving activity. Based on the construction and condition of the resource(s), the consultant will also establish a standard maximum vibration level that will not be exceeded at any building, based on existing conditions, character-defining features, soil conditions, and anticipated construction practices. Common standards are a peak particle velocity of 0.25 inch per second for “historic and some old buildings,” a peak particle velocity of 0.3 inch per second for “older residential structures,” and a peak particle velocity of 0.5 inch per second for “new residential structures” and “modern industrial/commercial buildings,” as shown in Table 3.4-2. To ensure that vibration levels do not exceed the established standard, the project applicant will monitor vibration levels at each structure and prohibit vibratory construction activities that generate vibration levels in excess of the standard. Should vibration levels be observed in excess of the selected standard, construction will be halted, and alternative construction techniques put in practice, to the extent feasible (e.g., predrilled piles could be substituted for driven piles, if feasible, based on soil conditions, or smaller, lighter equipment could be used in some cases). The historic preservation professional (for effects on historic buildings) and/or structural engineer (for effects on non-historic structures) will conduct regular periodic inspections (every 3 months) of each building during ground-disturbing activity on the project site. Should damage to any building occur, the building(s) will be remediated to their preconstruction condition at the conclusion of ground- disturbing activity on the site.
Mitigation Measure NOI-3: Implement Nighttime Construction Vibration Control Plan to Reduce Vibration-Related Annoyance Impacts on Adjacent Land Uses Should vibration-generating construction activities for future development under the Metro Plan be proposed outside of the daytime hours of 7:00 a.m. to 7:00 p.m., and should non-pile driving equipment be proposed within 25 feet of occupied residences or buildings where people sleep, the construction contractor for a project in the Metro Plan Area shall develop a nighttime construction vibration control plan. In addition, should nighttime pile driving activities be proposed within 100 feet of such buildings, the construction contractor for a project in the Metro Plan Area shall similarly develop a 251
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nighttime construction vibration control plan. The construction vibration control plan shall demonstrate that vibration levels at the residential land uses during nighttime hours will not exceed 0.1 PPV in/sec.
In addition, the construction contractor will appoint a project vibration coordinator who will serve as the point of contact for vibration-related complaints during project construction. The contact information for the project vibration coordinator shall be posted at the project site and on a publicly available project website for future development projects under the Metro Plan. Should residents in the project area submit complaints to the project vibration coordinator for nighttime construction vibration concerns, the project vibration coordinator shall work with the construction team to adjust activities to reduce vibration or to reschedule activities for a less sensitive time. (c) Finding: Based on the SEIR and the record before the Council, the Council finds that:
(1) Effects of Mitigation and Remaining Impacts: As discussed on pages 4-17 and 4-19 of the draft SEIR, direct impacts related to construction noise were determined to be significant and unavoidable. Similarly, construction noise from individual Metro Plan projects could combine with construction noise from other Metro Plan projects or Milpitas Gateway-Main Street Specific Plan project to result in a cumulative construction noise impact. Because concurrent construction of multiple projects could expose individual receivers located between two Metro Plan projects to greater construction noise levels than would be experienced from either project alone, because concurrent construction of multiple projects could expose individual receivers located between a Metro Plan project and a Milpitas Gateway-Main Street Specific Plan project to greater construction noise levels than would be experienced from either project alone, and because direct construction noise impacts would be considered significant and unavoidable, cumulative construction noise impacts would also be significant and unavoidable.
The Certified EIR concluded that cumulative impacts related to noise would be less than significant. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would have a significant and unavoidable cumulative noise impact, related to cumulative construction noise impacts. The Project Change would result in a new significant and unavoidable construction noise impact compared to what was analyzed in the Certified EIR. (2) Overriding Considerations: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, override the remaining significant adverse impact of the Metro Plan associated with cumulative construction noise (CEQA Guidelines Section 15091(a)(3)).
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IV. Findings for Significant Effects that Can be
Mitigated to Less than Significant
The following findings are made for significant effects in the SEIR that can be mitigated to less than significant.
A. Air Quality
1. Impact AQ-3: Implementation of the Metro Plan would result in a new significant air quality impact that was not identified in the Certified EIR related to exposing sensitive receptors to substantial pollutant concentrations (construction-related fugitive dust emissions).
(a) Potential Impact: The potential for implementation of the Metro Plan to result in exposure of sensitive receptors to substantial concentration of fugitive dust is described on page 3.1-26 of the draft SEIR.
(b) Mitigation Measure: Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure AQ-5: Require Fugitive Dust Best Management Practices All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas. The following measures would be implemented. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day. All haul trucks transporting soil, sand, or other loose material offsite will be covered. All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads, driveways, or driving sur faces shall be limited to 15 miles per hour (mph).
All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
A publicly visible sign will be posted with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The phone n umber of the BAAQMD will also be visible to ensure compliance.
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would avoid or substantially lessen the significant environmental effect identified in the SEIR (CEQA Guidelines Section 15091(a)(1)). As described on pages 3.1-26 and 3.128 of the draft SEIR, during grading and excavation activities associated with construction, localized fugitive dust would be generated. The amount of dust generated by a project is highly variable and dependent on the size of the disturbed area at any given time, the amount of activity, soil conditions, and meteorological conditions. BAAQMD’s CEQA air quality guidelines consider dust impacts to be less than significant if BAAQMD’s construction BMPs are employed to reduce such emissions. Because BAAQMD’s Basic Construction Mitigation Measures would be implemented, per Mitigation Measure AQ-5, construction-related fugitive dust emissions would be less than significant and would not expose receptors to substantial pollutant concentrations or risks.
The Certified EIR concluded that, after implementation of policies included in the TASP, impacts related to exposing sensitive receptors to substantial toxic air contaminants would be less than significant. Based on the analysis above, with incorporation of the Project Change and Mitigation Measure AQ-5, the Metro Plan would have a less-than- significant effect with regard to exposing sensitive receptors to fugitive dust during construction. Thus, the Project Change would result in a change to the Certified EIR’s impact determination with regard to exposing sensitive receptors to substantial fugitive dust concentrations. The Project Change would result in a new significant impact that was not identified in the Certified EIR, but the impact would be less than significant with Mitigation Measure AQ-5.
B. Noise
1. Impact NOI-2: Operation of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to generating a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies. (a) Potential Impact: The potential for operation of the Metro Plan to result in a substantial temporary or permanent increase in ambient noise levels in excess of standards in the general plan or noise ordinance is discussed at pages 3.4-19 through
3.4-27 of the draft SEIR.
(b) Mitigation Measure: Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure NOI-1: Mechanical Equipment Noise Reduction Plan To reduce potential noise impacts resulting from mechanical equipment (including but not limited to HVAC equipment and emergency generators), the applicants of future projects under the Metro Plan shall conduct a noise analysis to estimate noise levels of project -specific mechanical equipment . The noise analysis shall be based on the selected equipment models and design features . The applicant for the project shall create a Noise Reduction Plan to ensure noise levels of equipment, once installed, are below the applicable criteria described below.
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The Noise Reduction Plan shall include any necessary noise reduction measures required to reduce project-specific mechanical equipment noise to a less -than- significant level . The plan shall also demonstrate that with the inclusion of selected measures, noise from equipment would be below the significance thresholds. Feasible noise reduction measures to reduce noise below the significance threshold s include, but are not limited to, selecting quieter equipment, utilizing silencers and acoustical equipment at vent openings, siting equipment farther from the roofline, and/or enclosing all equ ipment in a mechanical equipment room designed to reduce noise.
Regarding emergency generators, additional noise reduction options include, but are not limited to, installing quieter model generators, incorporating noise -reducing emergency generator weathe r enclosures, and installing exhaust mufflers or silences.
The results of the noise analysis and the final Noise Reduction Plan shall be provided to the City prior to the issuance of building permits.
The noise analysis and Noise Reduction Plan shall be prepared by persons qualified in acoustical analysis and/or engineering . The Noise Reduction Plan shall demonstrate with reasonable certainty that noise from mechanical equipment selected for the project, including the attenuation features incorporated into the project design, will not exceed the City of Milpitas property plane thresholds of 55 dBA during daytime hours or 45 dBA during nighttime hours for nearby residential land uses.
The applicants of future projects under the Metro Plan shall incorporate all feasible methods to reduce noise and any other feasible recommendations from the acoustical analysis and Noise Reduction Plan into the building design and operations , as necessary, to ensure that noise sources meet applicable requirements of the respective noise ordinances at receiving properties.
(c) Finding: Based on the SEIR and the record before the Council, the Council finds that changes or alterations have been required in, or incorporated into, the Metro Plan that would avoid or substantially lessen the significant environmental effect identified in the SEIR (CEQA Guidelines Section 15091(a)(1)). As described on pages 3.4-24 through 3.4- 27 of the draft SEIR, the Metro Plan does not include policies related to mechanical equipment noise. However, General Plan Policies N 1-1, N 1-2, N 1-4, N 1-5, and N 1-6 would help reduce the effects of mechanical equipment noise on nearby sensitive uses.
For example, Policy N 1-1 requires that the noise compatibility of existing and future development be considered when making land use planning decisions and requires that development projects ensure consistency with land use compatibility standards outlined in the General Plan Tables N-1 and N-2. Implementation of Mitigation Measure NOI-1 requires the applicants of future projects under the Metro Plan to conduct a noise analysis to estimate noise levels of project-specific mechanical equipment and implement measures to ensure noise levels are below allowable limits. With the implementation of Mitigation Measure NOI-1, operational impacts due to operational mechanical equipment would be reduced to less than significant with mitigation. The Certified EIR did not make a determination regarding noise from operational equipment associated with the TASP. Based on the analysis above, with incorporation of the Project Change, the Metro Plan would result in a significant noise impact from operational equipment that would be reduced to a less-than-significant level with Mitigation Measure NOI-1.
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2. Impact C-NOI-1: Implementation of the Metro Plan would result in new cumulative noise impacts that were not identified in the Certified EIR (mechanical equipment noise).
(a) Potential Impact: The potential for implementation of the Metro Plan to result in a cumulatively considerable contribution to a significant cumulative noise is discussed on pages 4-16 through 4-19 of the draft SEIR.
(b) Mitigation Measure: Pursuant to CEQA Guidelines Section 15091, the following mitigation measure has been included in the MMRP that is to be adopted concurrently with these findings.
Mitigation Measure NOI-1: Mechanical Equipment Noise Reduction Plan To reduce potential noise impacts resulting from mechanical equipment (including but not limited to HVAC equipment and emergency generators), the applicants of future projects under the Metro Plan shall conduct a noise analysis to estimate noise levels of project -specific mechanical equipment . The noise analysis s hall be based on the selected equipment models and design features . The applicant for the project shall create a Noise Reduction Plan to ensure noise levels of equipment, once installed, are below the applicable criteria described below.
The Noise Reducti on Plan shall include any necessary noise reduction measures required to reduce project-specific mechanical equipment noise to a less -than- significant level . The plan shall also demonstrate that with the inclusion of selected measures, noise from equipment would be below the significance thresholds. Feasible noise reduction measures to reduce noise below the significance threshold s include, but are not limited to, selecting quieter equipment, utilizing silencers and acoustical equipment at vent openings, siting equipment farther from the roofline, and/or enclosing all equipment in a mechanical equipment room designed to reduce noise.
Regarding emergency generators, additional noise reduction options include, but are not limited to, installing quieter model g enerators, incorporating noise -reducing emergency generator weather enclosures, and installing exhaust mufflers or silences.
The results of the noise analysis and the final Noise Reduction Plan shall be provided to the City prior to the issuance of buildin g permits.
The noise analysis and Noise Reduction Plan shall be prepared by persons qualified in acoustical analysis and/or engineering . The Noise Reduction Plan shall demonstrate with reasonable certainty that noise from mechanical equipment selected for the project, including the attenuation features incorporated into the project design, will not exceed the City of Milpitas property plane thresholds of 55 dBA during daytime hours or 45 dBA during nighttime hours for nearby residential land uses.
The applicants of future projects under the Metro Plan shall incorporate all feasible methods to reduce noise and any other feasible recommendations from the acoustical analysis and Noise Reduction Plan into the building design and operations , as necessary, to ensure that noise sources meet applicable requirements of the respective noise ordinances at receiving properties.
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(c) Finding: Based on the SEIR and the record before the Council, the Council finds that changes or alterations have been required in, or incorporated into, the Metro Plan that would avoid or substantially lessen the significant environmental effect identified in the SEIR (CEQA Guidelines Section 15091(a)(1)). As described on draft SEIR page 4-18 regarding the potential for mechanical equipment noise from future individual Metro Plan projects to combine with mechanical equipment noise from other future Metro Plan projects, the specific locations and equipment details for future projects are not known at this time. However, it is possible that equipment noise from multiple future Metro Plan projects could be located close enough to one another to combine, and to expose individual receptors to greater noise levels than they would experience from one project alone. Cumulative impacts from Metro Plan mechanical equipment noise would be considered significant.
With implementation of Metro Plan Mitigation Measure NOI-1, which requires the applicants of future Metro Plan projects to implement measures to ensure mechanical equipment noise levels are below allowable limits, impacts from mechanical equipment noise would be reduced to below the allowable levels. Cumulative mechanical equipment noise impacts would be less than significant with mitigation. The Certified EIR concluded that cumulative impacts related to noise would be less than significant.
Based on the analysis above, the Project change would have a less than significant with mitigation cumulative impact related to operational mechanical equipment noise.
V. Findings Regarding Impacts that are Less than
Significant, Less than Cumulatively Considerable, or
Have No Impact
The City makes the following findings pursuant to and in accordance with PRC Sections 21081, 21081.5, and 21081.6. The City prepared an Initial Study to identify the environmental resources for which the Project Change would not result in new significant impacts nor substantially more severe impacts than disclosed in the Certified EIR. The Initial Study, which is included as Appendix B of the draft SEIR, found that the Project Change would not result in new significant impacts nor substantially more severe impacts than disclosed in the Certified EIR, for the following environmental resources:
Aesthetics
Agricultural and Forestry Resources
Biological Resources
Cultural Resources
Energy
Geology and Soils
Hazards and Hazardous Materials
Hydrology and Water Quality
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Mineral Resources
Tribal Cultural Resources
Wildfire
In the SEIR, it was determined the Metro Plan would not result in a potentially significant impact for the following criteria:
Impact AQ-1 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to conflicting with or obstructing implementation of an applicable air quality plan. Impact AQ-4 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than those identified in the Certified EIR related to creating objectionable odors affecting a substantial number of people. Impact LU-1 (no impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to physically dividing an established community.
Impact LU-2 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to causing a significant environmental impact due to a conflict with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Impact NOI-4 (no impact): The Metro Plan would not result in a new or substantially more severe impact than what was identified in the Certified EIR related to being located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, and exposing people residing or working in the project area to excessive noise levels.
Impact POP-1 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to inducing substantial unplanned population growth in an area, either directly or indirectly.
Impact POP-2 (no impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to displacing substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
Impact PS-1 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to substantial adverse physical impacts associated with the provision of new or physically altered schools or the need for new schools. Impact PS-4 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to substantial adverse physical impacts associated with the provision of new or physically altered parks or the need for new parks; related to the increased use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or including recreational facilities or 258
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requiring the construction or expansion of recreational facilities that might have an adverse physical effect on the environment.
Impact TR-1 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to conflicting with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Impact TR-2 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to conflicting or being inconsistent with Guidelines Section 15064.3, subdivision (b). Impact TR-3 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to substantially increasing hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Impact TR-4 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to resulting in inadequate emergency access.
Impact UTIL-1 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to requiring or resulting in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which would cause significant environmental effects.
Impact UTIL-2 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to having sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years. Impact UTIL-3 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to resulting in a determination by the wastewater treatment provider which serves or may serve the project it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.
Impact UTIL-4 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to generating solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Impact UTIL-5 (less-than-significant impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to complying with federal, state, and local management and reduction statutes and regulations related to solid waste.
For cumulative resources, the SEIR concluded the Metro Plan would have no impact on agriculture and forestry resources, mineral resources, tribal cultural resources, or wildfire. Because the Metro Plan would have no impact on these environmental resources, the Metro Plan would not contribute 259
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to any cumulative impact. The conclusions for the remainder of cumulative impacts that were found to have a less-than-cumulatively-considerable contribution or for where there was no significant cumulative impact are:
Impact C-AES-1 (less-than-cumulatively-considerable contribution): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative aesthetics impacts. Impact C-BIO-1 (less-than-cumulatively-considerable contribution): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative biological resources impacts. Impact C-CUL-1 (less-than-significant cumulative impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative cultural resources impacts. Impact C-EN-1 (less-than-significant cumulative impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to energy impacts.
Impact C-GEO-1 (less-than-significant cumulative impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative geology and soils impacts. Impact C-HAZ-1 (less-than-significant cumulative impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative hazards and hazardous materials impacts. Impact C-LU-1 (less-than-significant cumulative impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative land use impacts.
Impact C-POP-1 (less-than-cumulatively-considerable contribution): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative population and housing impacts. Impact C-TR-1 (less-than-cumulatively-considerable contribution): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to cumulative transportation impacts. Impact C-UTIL-1 (less-than-significant cumulative impact): Implementation of the Metro Plan would not result in new or substantially more severe impacts than what was identified in the Certified EIR related to utilities and service systems impacts for all facilities except the future reservoir and pump stations.
No additional findings are required for these environmental resource areas. 260
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VI. Mitigation Monitoring and Reporting Program
As referenced above in the findings, an MMRP has been prepared for the Metro Plan and has been adopted concurrently with these findings (PRC Section 21081.6(a)(1); Guidelines Section 15097).
The City will use the MMRP to track compliance with mitigation measures.
VII. Alternatives
A. Identification of Project Objectives
CEQA requires that an EIR identify a “range of potential alternatives to the project [which] shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one of more of the significant effects.” Chapter 2.0 of the draft SEIR identifies the Project’s goals and objectives. The City is proposing the Project Change in order to achieve the following objectives:
1. To enhance the sense of place and identity of the Metro Plan Area with visually memorable structures and buildings.
2. To provide safer and more attractive multimodal connections for walking and biking.
3. To provide a greater variety of shared public spaces.
4. To expand neighborhood services and the variety of retail.
5. To create and expand available space for jobs near transit.
6. To provide both affordable and market-rate housing.
B. Alternatives Analysis in the SEIR
The following two alternatives to the Proposed Project Change are analyzed in the SEIR. Reduced Height Alternative. The Reduced Height Alternative places a height restriction across the Metro Plan Area that limits building heights to 75 feet, which would reduce the additional projected dwelling units by 1,000 units and the additional office space by approximately 500,000 square feet compared to the proposed Metro Plan. Removal of Western Expansion Area Alternative. The Removal of Western Expansion Area would remove the western expansion area from the Metro Plan Area and reduce the additional projected dwelling units by 500 units, compared to the proposed Metro Plan.
As required by CEQA, the SEIR also identified a No Project Alternative. It assumes full buildout of the TASP, as disclosed in the Certified EIR.
1. No Project Alternative
The No Project Alternative is discussed on pages 5-6 through 5-7 and 5-10 through 5-14 of the draft SEIR. The No Project Alternative assumes that the Metro Plan would not be implemented and that the TASP would be the governing Specific Plan. The No Project Alternative assumes full buildout of the TASP, as disclosed in the Certified EIR. This includes the remaining development of only a few hundred of the 7,109 residential units, approximately 980,000 of the 993,843 square feet of office 261
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space, just over 100,00 of the 287,075 square feet of retail space, and over 200 of the 350 hotel rooms to complete the Plan.
Under the No Project Alternative, the City would continue to experience the need for additional housing, including the need to fulfill its Regional Housing Needs Allocation (RHNA) obligations.
Under the No Project Alternative, the City would not plan for additional housing beyond that already allowed in the TASP. The No Project Alternative, therefore, assumes that the City would plan for housing elsewhere in the City in order to fulfill its RHNA obligations. The City’s 6th cycle RHNA is 6,713 housing units between 2023 and 2031; the RHNA is also stratified by housing for specific income levels. To address the RHNA, the City must update its Housing Element to demonstrate where this level of housing can be built and to identify the strategies to meet the RHNA obligation.
The sites selected for housing must be realistic accounting for elements such as dimensions of parcels, existing use of sites, economic considerations, environmental factors, and other considerations. The housing units in the Project Change would count toward both the prior cycle RHNA and 6th Cycle RHNA. Therefore, if the Project Change is not approved, the City would have to plan for housing units elsewhere in the City to meet its RHNA obligations. Additionally, aside from the City’s RHNA obligations, there is a crisis related to housing affordability in the Bay Area that in part is related to a need for more housing. Therefore, it is reasonable to assume that a reduction in units built in the City, regardless of RHNA requirements, would result in housing planned for and constructed elsewhere. However, it cannot currently be known where those housing units may be located or what the characteristics of those units (e.g., density, height, etc.) would be.
The No Project Alternative also assumes full buildout of the 2040 General Plan, which otherwise relies upon the Metro Plan Area to provide more housing opportunities and specifically calls for development of an Innovation District in the area east of the Milpitas Transit Center. Because the No Project Alternative would not build any of the development or infrastructure associated with the Metro Plan, the No Project Alternative does not meet any of the Project Change objectives. (a) Finding: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, make the No Project Alternative infeasible (CEQA Guidelines Section 15091(a)(3)). (b) Explanation: The No Project Alternative is rejected as an alternative because it would not achieve the Project Change objectives and is therefore infeasible. This alternative would not realize the benefits of the Metro Plan and fails to achieve the Project Change objectives. The No Project Alternative would not achieve some of the environmental benefits associated with the Metro Plan. The housing units in the Project Change would count toward both the prior cycle RHNA and 6th Cycle RHNA. Therefore, if the Project Change is not approved, the City would have to plan for housing units elsewhere in the City to meet its RHNA obligations. Additionally, aside from the City’s RHNA obligations, there is a crisis related to housing affordability in the Bay Area that in part is related to a need for more housing, and denying the project would not help address housing affordability. Because the No Project Alternative would not build any of the housing uses near transit, the No Project Alternative is also expected to have less of a reduction in vehicle miles traveled (VMT) than the proposed Metro Plan.
The reduction in housing units under the No Project Alternative would likely result in planning and construction of housing elsewhere. However, it cannot currently be known where those housing units may be located or what the characteristics of those units (e.g., 262
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density, height, etc.) would be, such that specific impacts could not be evaluated.
However, generally speaking, it is possible that the No Project Alternative might also have greater impacts on land use than the proposed Metro Plan because these alternatives could require planning for housing units elsewhere in the City to meet RHNA obligations and could exacerbate existing housing shortages more generally, resulting in development of housing elsewhere. Other locations within the City would not be located near the BART station and are thus unlikely to have the same transit- oriented development benefits as the proposed Metro Plan. Residents and workers that could have lived in the Metro Plan Area may instead live somewhere where average VMT is higher. Therefore, the alternatives may have a less beneficial impact on VMT than the proposed Metro Plan. The No Project Alternative could also result in population growth either elsewhere in the City or outside the City that might be unaccounted for in other jurisdictions’ planning.
2. Reduced Height Alternative
The Reduced Height Alternative is discussed on pages 5-7 through 5-8 and 5-14 through 5-20 of the draft SEIR. The Reduced Height Alternative would place a height restriction across the Metro Plan Area that otherwise would allow substantial heights (in some cases up to 8 floor, 18 floors or 275 feet in certain residential and commercial land use categories,) but limits building heights to 75 feet.
This restriction would reduce the additional projected dwelling units by 1,000 units compared to the proposed Metro Plan. About 500 fewer units would be projected at both Great Mall and the Tango District. This alternative would also reduce office space by about 500,000 square feet compared to the proposed Metro Plan by reducing the square footage projected for the Innovation District. Projected retail space and hotel rooms would remain the same as projected under the proposed Metro Plan. Under this Alternative, it is expected that the infrastructure improvements identified in the Metro Plan (i.e., circulation, open space, utilities) would remain the same and that the policies in the Metro Plan related to sustainability (i.e., electric buildings, transportation demand management (TDM), low-flow fixtures etc.) would also be the same. (a) Finding: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, make the Reduced Height Alternative infeasible (CEQA Guidelines Section 15091(a)(3)). (b) Explanation: This alternative would meet all six Project Change objectives. However, it would meet Objective 5 (to create and expand available space for jobs near transit) to a lesser extent than the proposed Metro Plan because it would reduce by 25 percent the amount of office square footage in the Innovation District. Similarly, this alternative would meet Objective 6 (to provide both affordable and market-rate housing) to a lesser extent than the proposed Metro Plan because it would reduce the dwelling unit capacity in the Metro Plan Area.
It would also reduce the amount of housing set aside in the RHNA for this cycle of the Housing Element. The reduction in housing units under the Reduced Height Alternative would likely result in planning and construction of housing elsewhere. However, it cannot currently be known where those housing units may be located or what the characteristics of those units (e.g., density, height, etc.) would be, such that specific impacts cannot be evaluated. However, generally speaking, it is possible that the Reduced Height Alternative might also have greater impacts on land use than the 263
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proposed Metro Plan because these alternatives could require planning for housing units elsewhere in the City to meet RHNA obligations and could exacerbate existing housing shortages more generally, resulting in development of housing elsewhere.
Other locations within the City would not be located near the BART station and are thus unlikely to have the same transit-oriented development benefits as the proposed Metro Plan. Residents and workers that could have lived in the Metro Plan Area may instead live somewhere where average VMT is higher. Therefore, the alternative may have a less beneficial impact on VMT than the proposed Metro Plan. The Reduced Height Alternative could also result in population growth either elsewhere in the City or outside the City that might be unaccounted for in other jurisdictions’ planning.
3. Removal of Western Expansion Area Alternative
The Removal of Western Expansion Area Alternative is discussed on pages 5-8 through 5-9 and 5-20 through 5-27of the draft SEIR. This alternative would remove the western expansion area from the Metro Plan Area. This restriction could reduce the additional projected dwelling units by 500 units compared to the proposed Metro Plan. Projected office space, retail space, and hotel rooms would remain the same as projected under the proposed Metro Plan. Under this Alternative, it is expected that the infrastructure improvements identified in the Metro Plan (i.e., circulation, open space, utilities) would remain the same and that the policies in the Metro Plan related to sustainability (i.e., electric buildings, TDM, low-flow fixtures etc.) would also be the same. (a) Finding: The environmental, economic, social, and other benefits of the Metro Plan, as described in detail in the Statement of Overriding Considerations, make the Removal of Western Expansion Area Alternative infeasible (CEQA Guidelines Section 15091(a)(3)). (b) Explanation: This alternative would meet all six Project Change objectives. However, it would meet Objective 6 (to provide both affordable and market-rate housing) to a lesser extent than the proposed Metro Plan because it would reduce the dwelling unit capacity in the Metro Plan Area.
It would reduce the amount of housing set aside in the RHNA for this cycle of the Housing Element because the Metro Plan includes incentive to build additional units. A reduction in housing units under the Removal of Western Expansion Area Alternative would likely result in planning and construction of housing elsewhere. However, it cannot currently be known where those housing units may be located or what the characteristics of those units (e.g., density, height, etc.) would be, such that specific impacts cannot be evaluated. However, generally speaking, this Alternative might also have greater impacts on land use than the proposed Metro Plan because these alternatives could require planning for housing units elsewhere in the City to meet RHNA obligations and could exacerbate existing housing shortages more generally, resulting in development of housing elsewhere. Other locations within the City would not be located near the BART station and are thus unlikely to have the same transit- oriented development benefits as the proposed Metro Plan. Residents and workers that could have lived in the Metro Plan Area may instead live somewhere where average VMT is higher. Therefore, the alternative may have a less beneficial impact on VMT than the proposed Metro Plan. The Removal of Western Expansion Area Alternative could also result in population growth either elsewhere in the City or outside the City that might be unaccounted for in other jurisdictions’ planning. 264
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4. Environmentally Superior Alternative
CEQA requires that an environmentally superior alternative be identified among the alternatives that are analyzed in the EIR. If the No Project Alternative is the environmentally superior alternative, an EIR must also identify an environmentally superior alternative among the other alternatives (CEQA Guidelines Section 15126.6(e)(2)). The environmentally superior alternative is that alternative with the least adverse environmental impacts when compared to the proposed project.
As discussed in Section 5.5 of the draft SEIR, the No Project Alternative was identified as superior.
Among the other alternatives, the Reduced Height Alternative was concluded to be the environmentally superior alternative as it is expected to have a greater reduction on the impacts of eight environmental topics (air quality, energy, greenhouse gases, noise, population and housing, public services and recreation, and utilities and service systems), when compared to the Removal of Western Expansion Area Alternative. In addition, impacts on three of these environmental topics (air quality, greenhouse gases, noise) would be reductions in the magnitude of significant and unavoidable impacts, although the impact conclusion of significant and unavoidable is expected to be the same for the Metro Plan, Reduced Height Alternative, and the Removal of Western Expansion Area Alternative. In total, the Removal of Western Expansion Area Alternative is expected to have a greater reduction on the impacts of three environmental topics (cultural resources, geology and soils, and hydrology and water quality), when compared to the Reduced Height Alternative. In addition, impacts on these environmental topics (cultural resources, geology and soils, and hydrology and water quality) would be reductions in the magnitude of less-than-significant impacts (after implementation of policies and regulations).
As previously discussed, the Reduced Height Alternative was dismissed as infeasible per CEQA Guidelines Section 15091(a)(c). Additionally, the Removal of Western Expansion Area Alternative, which would be the next environmentally superior alternative after the Reduced Height Alternative, was also dismissed as infeasible per CEQA Guidelines Section 15091(a)(c).
VIII. Statements of Overriding Consideration
Public Resources Code section 21081(b) explains that no public agency shall approve or carry out a project for which an EIR has been certified that identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. Further, CEQA Guidelines Section 15021(d) explains that “CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian. An agency shall prepare a statement of overriding considerations as described in Section 15093 to reflect the ultimate balancing of competing public objectives when the agency decides to approve a project hat will cause one or more significant effects on the environment.”
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Before the adoption of a Statement of Overriding considerations, the City must meet the following requirements in CEQA Guidelines section 15093(b) and (c):
When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record
If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination.
This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
A. Significant Unavoidable Impacts
Based on the information and analysis set forth in the SEIR and reiterated in Section III of these Findings, implementation of the proposed Milpitas Metro Specific Plan would result in the following significant and unavoidable impacts related to air quality, greenhouse gases, and noise:
Impact AQ-2a: Construction of the Metro Plan would result in a new significant air quality impact that was not identified in the Certified EIR related to a cumulatively considerable net increase in any criteria pollutant for which the Project region is classified as a nonattainment area under an applicable federal or state ambient air quality standard. Impact AQ-2b: Operation of the Metro Plan would result in a substantially more severe significant air quality impact than that identified in the Certified EIR related to a cumulatively considerable net increase in any criteria pollutant for which the Project region is classified as a nonattainment area under an applicable federal or state ambient air quality standard. Impact AQ-3: Implementation of the Metro Plan would result in a new significant air quality impact that was not identified in the Certified EIR related to exposing sensitive receptors to substantial pollutant concentrations.
Impact GHG-1: Implementation of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to the generation of GHG emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Impact NOI-1: Construction of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to generating a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies. Impact NOI-2: Operation of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to generating a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in a local general plan or noise ordinance or applicable standards of other agencies. Impact NOI-3: Construction of the Metro Plan would result in a new significant impact that was not identified in the Certified EIR related to exposing persons to or generating excessive ground- borne vibration or ground-borne noise levels.
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Impact C-AQ-1: Implementation of the Metro Plan would result in new and substantially more severe cumulative air quality impacts that were not identified in the Certified EIR. Impact C-GHG-1: Implementation of the Metro Plan would result in new cumulative greenhouse gas emissions impacts that were not identified in the Certified EIR. Impact C-NOI-1: Implementation of the Metro Plan would result in new cumulative construction noise impacts that were not identified in the Certified EIR.
Air Quality
Impact AQ-2a
During construction of a development project, the activity that typically generates the highest NOX and PM exhaust emissions is the operation of off-road equipment, whereas the activity that typically generates the highest ROG emissions is the application of architectural coatings. Mitigation Measures AQ-1 through AQ-5 would reduce criteria pollutants, while Mitigation Measure AQ-6 would require pollutant offsets. However, because it cannot be concluded that offset programs would always be available in the future at the time and in the amount needed for any given future development, construction air quality impacts were conservatively assumed to be significant and unavoidable.
Impact AQ-2b
Buildout of the Metro Plan has the potential to result in air quality impacts from area, energy, and mobile sources. Area sources would include landscaping equipment, off-gassing (release of VOCs) during the reapplication of architectural coatings, and consumer products (e.g., solvents, cleaning supplies, cosmetics, toiletries). The Metro Plan includes numerous proposed improvements and policies to reduce VMT (Policy M 8), increase energy efficiency (Policy CB 7.2), and reduce energy consumption (Policy CB 7.2). Several policies further support the maintenance and expansion of the transportation network to enhance connectivity, accessibility, and safety (see Policy M 5, Policy M 6, and Policy M 7). Implementation of Mitigation Measure AQ-7 and Mitigation Measure AQ-8 would help ensure that the individual developments within the City would not contribute a significant level of air pollution such that regional air quality within the Basin would be degraded. However, because it cannot be concluded that offset programs would always be available in the future at the time and in the amount needed for any given future development, operational air quality impacts are conservatively assumed to be significant and unavoidable.
Impact AQ-3
Construction emissions resulting from individual projects developed under the Metro Plan could exceed BAAQMD’s regional ROG, NOX, and PM thresholds. Mitigation Measures AQ-1 through AQ-6 would reduce regional emissions of ROG, NOX, and PM below BAAQMD’s regional thresholds (assuming offset programs are available in the future). Similarly, long-term operation of development under the Metro Plan would result in an increase of criteria pollutant emissions.
Mitigation Measure AQ-7 and Mitigation Measure AQ-8 would reduce regional emissions of ROG, NOX, and PM of individual projects developed under the Metro Plan below BAAQMD’s regional thresholds (assuming offset programs are available in the future). Because it cannot be concluded that offset programs per Mitigation Measure AQ-6 and Mitigation Measure AQ-8 would be available in the future at the time and in the amount needed for any given future development, for the 267
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purposes of this SEIR analysis, health impacts related to regional criterial pollutants are conservatively assumed to be significant and unavoidable.
Potentially significant impacts resulting from exposure of receptors to PM2.5 exhaust from new stationary sources, TAC emissions from increased traffic volumes, and TACs generated during project construction activities would be reduced by Metro Plan policies and mitigation measures.
Mitigation Measure AQ-1 would require BMPs to minimize construction emissions. In addition, Policy SC 8.1 in the Metro Plan requires the installation of high-efficiency filters should new sensitive receptors be sited within 500 feet of major roadways and highways in the Metro Plan Area.
Mitigation Measure AQ-9 requires applicants to provide a project-level evaluation of construction- and operational-related health risks from future projects. However, because it cannot be concluded what the result of the project level evaluation will be without speculation, it is possible that mitigation for future project health risks may be inadequate to reduce impacts below BAAQMD’s threshold level. This impact would be significant and unavoidable.
Impact C-AQ-1
Per BAAQMD guidelines, exceedances of project-level thresholds would be cumulatively considerable, and the cumulative impact would be significant. As discussed in Impacts AQ-2a and AQ-2b, construction and operational emissions resulting from individual projects developed under the Specific Plan could exceed BAAQMD’s regional ROG, NOX, PM10, and PM2.5 thresholds. Mitigation Measures AQ-1 through AQ-8 could reduce regional emissions of ROG, NOX, PM10, and PM2.5 to a level below BAAQMD’s regional thresholds. Because it cannot be concluded that offset programs per Mitigation Measures AQ-6 and AQ-8 would be available in the future at the time and in the amount needed for any given future development under the Metro Plan, impacts during construction and operation related to regional criterial pollutants quality impacts from the project are conservatively assumed to result in a significant and unavoidable cumulative impact.
Existing nearby DPM sources and the Metro Plan could contribute to a cumulative health risk for sensitive receptors near the Metro Plan Area. Mitigation Measures AQ-1 through AQ-9 would develop and maintain best practices for reducing emissions associated with construction and operational activities and require that new development with sensitive receptors adjacent to TAC sources be designed to minimize health risks, which would reduce construction and operational health risks for existing and future receptors. However, there may be instances where project- specific conditions would preclude a reduction in the health risk to a level below adopted thresholds and expose receptors to cumulative health risks. In addition, future development projects under the Metro Plan could generate DPM, PM2.5, or other TACs that could expose adjacent receptors to significant health risks (e.g., from construction and operational sources that are adjacent to sensitive receptors). Therefore, it is conservatively assumed that the Metro Plan in combination with other past, present, and reasonably foreseeable future projects would result in a cumulative impact that would be significant and unavoidable.
Greenhouse Gases
Impact GHG-1
Mobile emissions from the Metro Plan would not achieve the state’s carbon neutrality goal by 2045.
Mitigation Measure GHG-2, which includes requirements for LEED certification or equivalent, electric space and water heating, solar roofs, and waste diversion programs, would ensure 268
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consistency with the Scoping Plan and the long-term statewide reduction trajectory. Should all measures included in Mitigation Measure GHG-2 be implemented by a future project sponsor within the Metro Plan Area, that development would be consistent with the Metro Plan and the state’s reduction targets for 2030. For projects where all of the requirements of Mitigation Measure GHG-2 (or their equivalent) are not implemented, implementation of Mitigation Measure GHG-3 is further required to reduce net operational GHG emissions through purchase of GHG mitigation credits. Even with implementation of Mitigation Measures GHG-2 and Mitigation Measure GHG-3, the Metro Plan Area may still have GHG emissions by 2045 and thus would not achieve carbon neutrality. Thus, GHG emissions from operations of the Metro Plan would result in a significant and unavoidable impact.
Impact C-GHG-1
No single emitter of GHGs is large enough to trigger global climate change on its own. Rather, climate change is the result of the individual contributions of countless past, present, and future sources.
Therefore, GHG emissions impacts are inherently cumulative. GHG impacts of the Metro Plan would be considered significant and unavoidable. Accordingly, cumulative GHG impacts would also be considered significant and unavoidable.
Noise
Impact NOI-1
Construction noise from future development under the Metro Plan could occur during nighttime hours and/or could result in a substantial temporary increase in ambient noise levels in the City during daytime or nighttime hours, construction noise impacts from implementation of the Metro Plan would be considered potentially significant. Construction noise would be reduced by General Plan Policies N 1-5 and N 1-8, as well as Action N-1b, Action N-1c, and Action N-1d. However, it is not possible to ensure that in all instances and for all future projects, mitigation measures would reduce construction noise to less-than-significant levels. For example, certain projects may require construction noise during nighttime hours for various reasons (e.g., projects that require road closures, concrete pour activities that require early morning starts to prevent concrete curing prematurely). Therefore, some future projects may result in significant construction noise impacts that cannot be reduced to less-than-significant levels with mitigation.
Impact NOI-3
Pile driving and non-pile driving activities could result in vibration levels in excess of applicable thresholds (depending on the proximity of future construction activities to nearby structures), vibration-related damage impacts would be considered potentially significant. It is also possible that construction activities from future projects under the Metro Plan could result in vibration levels in excess of the thresholds at residential land uses during nighttime hours. Vibration-related annoyance impacts during nighttime hours would be considered potentially significant. Mitigation Measure NOI-2 would be required to reduce construction-related damage impacts. However, it is not possible to ensure that in all instances and for all future projects, mitigation measures would reduce construction vibration to less-than-significant levels. 269
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Impact C-NOI-1
Direct impacts related to construction noise were determined to be significant and unavoidable.
Similarly, construction noise from individual Metro Plan projects could combine with construction noise from other Metro Plan projects or Milpitas Gateway-Main Street Specific Plan project to result in a cumulative construction noise impact. Because concurrent construction of multiple projects could expose individual receivers located between two Metro Plan projects to greater construction noise levels than would be experienced from either project alone, because concurrent construction of multiple projects could expose individual receivers located between a Metro Plan project and a Milpitas Gateway-Main Street Specific Plan project to greater construction noise levels than would be experienced from either project alone, and because direct construction noise impacts would be considered significant and unavoidable, cumulative construction noise impacts would also be significant and unavoidable.
B. Benefits of the Proposed Milpitas Metro Plan/Overriding Considerations The City of Milpitas has (i) independently reviewed the information in the SEIR and record of proceedings; (ii) made a reasonable and good faith effort to eliminate or substantially lessen the impacts resulting from the proposed Metro Plan to the extent feasible through identification of mitigation measures to the greatest extent feasible and (iii) balanced the project’s benefits against the project’s significant unavoidable impacts. Each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh its significant adverse environmental effects and is an overriding consideration warranting project approval. Adoption and implementation of the Metro Plan would provide the following considerable economic, social, legal, and other benefits.
1. Support Meeting the City’s Regional Housing Needs
Milpitas’ RHNA is based on growth projections and the current housing deficit. As described on page
3.5-6 of the draft SEIR, the City’s RHNA allocation for Milpitas for 2023 to 2013 is a total of 6,713 housing units at a variety of income levels. Per the General Plan, almost all growth is planned in existing residential and mixed-use areas, with most of the growth planned in two Specific Plan areas, one of which is the Milpitas Metro Specific Plan Area. As explained on pages 3.5-8 through 3.5-9 of the draft SIER, when it first developed the TASP, the City identified the potential of redeveloping the TASP Area from an industrial area into one where people could work, live, and take advantage of the proximity to, what was then, a future BART station. The planning process included the development of a Specific Plan with policies that would address the demands from the population growth associated with the TASP. Since the development of the TASP, the City has identified ways to plan for additional growth in the area, as a way of helping meet its RHNA requirements, and in doing so identified the need for the Metro Plan. The Milpitas Metro Specific Plan is a document that includes the City’s plan for the population growth that would be generated from its implementation, including policies to guide the growth of the Metro Plan Area.
The Project Change supports the growth anticipated by the General Plan and is consistent with the population and housing goals from the 2040 General Plan, including Goal LU-7 to promote job- generating land uses; and Housing Element Goals A, B, C, D, and E to provide adequate sites to accommodate the City’s share of the regional housing need; maintain and preserve housing resources; maintain high-quality residential neighborhoods and preserve existing housing 270
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resources; facilitate new housing production; support housing diversity and affordability; and eliminate housing discrimination.
The Metro Plan will accommodate up to 7,000 additional housing units to help the City meet its regional housing needs requirements and support transit ridership As explained on page 34 of the Milpitas Metro Plan, the Plan also envisions a series of neighborhoods that will be “affordable by design” due to their excellent access to high-quality transit and multimodal access, higher density design, small to moderate unit sizes, and low parking ratios. These units will still need to meet income-level affordability standards to meet RHNA requirements. Through future Housing Elements, the City will define affordable housing sites and establish Housing Opportunity Zones that support the development of affordable housing, which is likely to include sites within the Metro Plan Area. Therefore, the Metro Plan can play a substantial role in helping the City meet its RHNA.
2. Guide Development in the District
The Metro Plan guides development in the Metro Plan area, providing policies to guide development in the district in terms of land use, circulation, community design, and utilities and services. It fulfills the Policy 7.5 of the original TASP, which requires the creation of a coordinated development plan for the parcels at and around the Milpitas Transit Center. It also has all necessary actions needed to implement the Metro Plan and make it consistent with the City’s adopted 2040 General Plan and other relevant master plans and land development regulations. Therefore, adoption of the Metro Plan provides overall guidance for development in the Metro Plan area for a 20-year planning horizon.
3. Increase Transit-Oriented Development
The long-term focus of the Metro Plan is to continue and accelerate the transformation of the area from industrial and auto-oriented to a vibrant, connected, and fully developed transit-oriented neighborhood. The extension of VTA and BART lines into the Milpitas and East San Jose areas generally, and specifically into the Metro Area, meant that the Plan Area would be more regionally connected than any other part of the City of Milpitas. VTA completed construction of the Tasman East Extension in 2004, extending the regional light rail transit system and adding Great Mall/Main Street and Montague Expressway stations in Milpitas. A new Milpitas BART station, which opened in June 2020, was proposed at the intersection of Montague Expressway and Capitol Avenue. The TASP was originally developed to anticipate new development around the Milpitas Transit Center and respond to the continued growth of Silicon Valley by transforming a low-density industrial area into a mixed-use, transit-friendly area.
Mixed-use buildings create destinations that organically facilitate community interaction and reduce traffic during the workday by providing jobs and essential services within walking and biking distance of homes. The Metro Plan would update the TASP by adding substantially more opportunity for development in a transit-oriented and integrated mixed-use area of the City, including the potential for more housing, jobs, services and amenities in the Metro Plan Area. Mixed use housing would provide homes near jobs, services, and transit. The Metro Plan would provide high to very high-density housing and/or high intensity office and employment uses along arterials, the light rail, and close to the BART station to support transit ridership and complementary activities by responding to strong market interest in high-density development in an appropriate setting. It would accommodate a vibrant mix of pedestrian-accessible retail and amenities, high density housing and high intensity offices and other employment uses within the Metro Plan Area and 271
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particularly within the Great Mall District, along Great Mall Parkway and Montague Expressway; and promote public art and wayfinding strategies. The Metro Plan would also attract business investments and generate employment opportunities through commercial development near transit, with up to 3,000,000 square feet of new office/Research and Development (R&D)/light manufacturing space. The Metro Plan therefore provides the framework for increasing transit- oriented development in the City.
4. Improve Pedestrian and Bicycle Circulation
The Metro Plan would create a multi-modal network that includes pedestrian pathways and bikeways to reinforce a pedestrian scale and grid, where appropriate. It would also improve connectivity with the Tango District to and from the VTA Transit Station and McCandless District with a pedestrian/bicycle bridge connection and improvements that complete the multi-use trail system. Key enhancements for the transportation network also include creating safer and more accessible connections for pedestrians and bicyclists and establishing a plan-wide TDM program.
Therefore, the Metro Plan would improve both pedestrian and bicycle circulation in the Metro Plan area.
5. Improve the City Transportation Network
The Metro Plan would improve the City transportation network and contribute to the Countywide transportation network and transportation demand management over the next 20 years by improving the multimodal network and implementing the Active Transportation Plan. Key enhancements include creating safer and more accessible connections for pedestrians and bicyclists and establishing a plan-wide TDM program. Additionally, the Metro Plan supports creation of a streetscape that encourages multimodal connections with an attractive and richly detailed urban environment with good connectivity between desired destinations.
6. Reduce VMT
The Metro Plan would importantly reduce VMT. It would require TDM measures for all new development projects within the Metro Plan Area and encourage TDM strategies for existing uses.
The Metro Plan would ensure that TDM measures are followed through the establishment of a Transportation Management Association (TMA) for the Metro Plan Area, as required by Action IM
28. The TMA will be responsible for monitoring trip reduction, VMT targets, and services within the Metro Plan Area.
7. Develop Public Open Spaces
The Metro Plan would develop parks, trails, and public open spaces that provide active and passive recreation opportunities, pedestrian connectivity, and places for community interaction in each District, as per the Parks and Recreation Master Plan. The Metro Plan identifies several opportunities for additional open space to be developed. This includes the following publicly accessible open space opportunities: a park north of the existing August Rathbone Park; improvements to the Penitencia Creek Trail, which is planned for in the Bicycle/Pedestrian and Trails Master Plan (City of Milpitas 2021); multiple parks and plazas in the Great Mall District; a park north of Mabel Mattos Elementary School; a park along Main Street in the McCandless District; improvements to trails along Berryessa Creek; and a park in the Innovation District. The Metro Plan 272
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would establish urban design policies to ensure adequate public open space to serve residential development.
It would also generate publicly accessible private open space to supplement public open space in meeting the outdoor and recreational needs of residents. The Metro Plan would also encourage the development of creative, usable private and public outdoor space, such as on building rooftops and balconies and on other accessible public areas. Therefore, through several avenues, the Metro Plan prioritizes development of open space uses.
8. Increase Commercial, Light-Manufacturing, and Other Non-Residential Uses Much of the TASP has been implemented. By 2019, 92 percent of the planned residential units were under development. However, economic conditions did not support the planned commercial development due to a lack of strong transit access that could support the higher intensity employment development prior to the opening of the BART station.
The Metro Plan outlines increases in non-residential uses. It aims to attract business investments and generate employment opportunities through commercial development near transit. It would create additional neighborhood-serving retail to serve demand from Metro Plan Area residents, community members, and the local workforce, including up to 300,000 additional square feet of retail and restaurant space. It requires local-serving retail on particular sites where it is feasible and appropriate and permit it in otherwise residential and commercial-only structures. Additionally, the Metro Plan promotes the development of hotels where appropriate to meet demand and support commercial activity to provide an important revenue source for the City.
It allows for up to 3,000,000 square feet of new office/Research and Development (R&D)/light manufacturing space. The Metro Plan supports the development of an Innovation District in the industrial area east of the Milpitas Transit Center and west of I-680, and particularly east of Berryessa Creek and on the four corners at the intersection of South Milpitas Boulevard and Montague Expressway, as a hub of employment and R&D, integrating Milpitas into Silicon Valley with high-density office, research, light manufacturing uses, and services primarily to the east of Berryessa Creek.
9. Re-envision the Great Mall and Enhance Great Mall Parkway The attractions in the Metro Plan Area currently include the Great Mall’s regional-serving shopping and entertainment. The Metro Plan envisions the Great Mall as a regional destination but with a greater variety of uses. The Metro Plan support the evolution of the Great Mall site from a purely retail-based mall site into a mixed-use, retail and amenity-rich area that is well integrated into the Metro Plan Area. Additionally, the Metro Plan would enhance Great Mall Parkway as a landmark street with a new linear park, streetscape improvements, and public art. In this way, the Metro Plan re-envisions the Great Mall site.
10. Integrate Sustainability Features in New Development Milpitas has a citywide goal of reducing greenhouse gas emissions by nearly 50 percent from 2005 levels by 2030 and reaching carbon neutrality by 2045. To reach these targets, the City has taken a holistic approach to reduce emissions, particularly in the transportation sector and emissions related to energy usage in buildings.
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Over the next few decades, the City’s General Plan envisions that the majority of new development will continue to occur within the Milpitas Metro Area. Sustainability strategies implemented in the Metro Plan will have a substantial impact on the City of Milpitas and greater environment for years to come. The Milpitas Metro Plan is an early adopter of policies in the Climate Action Plan and contains policies that will increase the sustainability of the area through building standards that reduce emissions and increase reliance on renewable energy sources; transportation strategies that manage automobile usage and promote low- and zero-carbon transportation options; targeted strategies to reduce waste; and landscaping requirements to ensure reductions in water use. For example, the Metro Plan would require implementation of sustainability features for new development, including features in new buildings to reduce GHG emissions, requirements to design buildings using Low Impact Design principles, achieving a 75 percent diversion waste rate, and provide organic waste collection services for multifamily residential buildings.
C. Findings Regarding the Proposed Project and Statement of Overriding Considerations
The City of Milpitas finds and determines that the benefits of the proposed project are sufficient to find that the significant and unavoidable environmental effects are acceptable and justify adopting a Statement of Overriding Considerations. The discussion of project benefits described above are based on substantial evidence in the record in support of each of these findings.
VIII. Conclusion
After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the Council finds that the unavoidable adverse environmental impacts identified may be considered “acceptable” due to the specific considerations listed above, which each outweigh the unavoidable, adverse environmental impacts of the proposed project.
The Milpitas City Council has considered information contained in the SEIR prepared for the proposed Milpitas Metro Specific Plan as well as the public testimony and record of proceedings in which the project was considered. Recognizing that significant unavoidable and cumulatively considerable noise, air quality, and GHG impacts may result from implementation of the proposed Milpitas Metro Specific Plan, the Council finds that the benefits of the Milpitas Metro Specific Plan and overriding considerations outweigh the adverse effects of the project. Having included all feasible mitigation measures, and recognized all unavoidable significant impacts, the Council hereby finds that each of the separate benefits of the proposed Milpitas Metro Specific Plan, as stated herein, is determined to be unto itself an overriding consideration, independent of other benefits, that warrants adoption of the proposed Milpitas Metro Specific Plan and outweighs and overrides its unavoidable significant effects, and thereby justifies the adoption of the proposed Milpitas Metro Specific Plan.
Based on the foregoing findings and the information contained in the record, the Council hereby determines that:
1. All significant effects on the environment due to implementation of the proposed Milpitas Metro Specific Plan have been eliminated or substantially lessened where feasible; 274
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Findings of Fact 61 July 2022
2. There are no feasible alternatives to the proposed General Plan which would mitigate or substantially lessen the impacts; and
3. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations above.
S:\PLANNING DIVISION1\SPECIFIC PLANS\Transit Area Plan\2019 TASP Update - 2021 Metro\Metro EIR 2021 ICF\Final SEIR Metro - June 2022\Draft Findings - Metro SEIR July 2022.docx
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Weblink to Milpitas Metro Plan SEIR:
https://www.milpitas.gov/wp-content/uploads/2022/04/Metro-Plan-Draft- SEIR_2022-April-with-Appendix-A-F.pdf
Project website: www.milpitasmetro.org
276
Item # 8.
Weblink to Milpitas Metro Plan Final SEIR:
https://www.milpitas.gov/wp-content/uploads/2022/11/Milpitas-Metro-Specific- Plan-FSEIR_RTC_wAtt_Nov2022.pdf
Project website: www.milpitasmetro.org
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Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 1 July 2022
Mitigation Monitoring and Reporting Program
Milpitas Metro Specific Plan
Subsequent Environmental Impact Report
August 2022
Introduction
The California Environmental Quality Act (CEQA) requires the adoption of feasible mitigation measures to reduce the severity and magnitude of significant environmental impacts associated with project development. The draft subsequent environmental impact report (draft SEIR) for the Milpitas Metro Specific Plan (Metro Plan) identified all feasible mitigation measures, subject to adoption by decision makers, to reduce the potential environmental effects of the Project.
The Mitigation Monitoring and Reporting Program (MMRP) is formulated based upon the findings of the draft SEIR. The MMRP, found in the table below, lists mitigation monitoring and implementation requirements. This MMRP has been prepared to comply with the requirements of CEQA (Public Resources Code Section 21081.6), which requires Lead Agencies making CEQA findings related to approval of a project for which an EIR was prepared/certified to adopt an MMRP when mitigation measures are required to avoid significant impacts. This MMRP contains mitigation measures that have been required in the Metro Plan to lessen significant effects. The MMRP is designed to aid the City of Milpitas in its implementation and monitoring of measures adopted from the certified SEIR.
The mitigation measures in this MMRP are assigned the same number they had in the SEIR. The MMRP is presented in table format and describes the actions that must take place to implement each mitigation measure, the timing of those actions, the entities responsible for implementing and monitoring the actions, and verification of compliance. Additional information is provided in the SEIR for the Metro Plan.
The MMRP is organized in a matrix format. The first two columns of the table identify the potential impact and corresponding mitigation measures. The third column, entitled “Implementing Party, Action” refers to the party responsible for implementing the mitigation measure and the action itself. The fourth column entitled “Timing,” refers to when monitoring will occur to ensure the mitigating action is completed. The fifth column, entitled “Monitoring Party, Verification,” refers to the party responsible for oversight or ensuring that the mitigation measure is implemented and how they can verify the action was implemented.
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Mitigation and Monitoring Reporting Program 2 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
Air Quality
AQ-1: Require at Least Tier 4 Final Engines on
Construction Equipment
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to further reduce construction-
related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities, shall operate on at least an
Environmental Protection Act (EPA)-approved Tier 4 Final or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially
available within 200 miles of the Metro Plan Area. The
construction contract must identify these pieces of
equipment, document their unavailability, and ensure that they operate on no less than an EPA-approved Tier 3
engine.
AQ-2a, AQ-3, C-AQ-
1 Applicant/
applicant’s
contractor
Provide
documentation of
use of Tier 4
engines or
unavailability of
pieces of
equipment.
During all
construction
activities
City of Milpitas
Review
documentation.
AQ-2: Require Use of Diesel Trucks with 2010-
Compliant Model Year Engines
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines, but no less than the average fleet mix for the current calendar year as set forth in the CARB’s EMFAC database. In the event that 2010 model year or newer diesel trucks cannot be obtained, the contractor must provide documentation to the City showing that a
good faith effort to locate such engines was conducted.
AQ-2a, AQ-3, C-AQ-
1 Applicant/
applicant’s
contractor
Provide
documentation of
use of engines with
2010 model year or
newer engine but
no less than
average fleet mix
for current
calendar year per
CARB’s EMFAC
database.
During all
construction
activities
City of Milpitas
Review
documentation.
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Mitigation and Monitoring Reporting Program 3 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
AQ-3: Require Construction Fleet to Use Renewable
Diesel
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related
exhaust emissions by ensuring that all off-road equipment greater than 50 hp and operating for more than 20 total hours over the entire duration of construction activities shall operate on renewable diesel (such as high
performance renewable diesel).
AQ-2a, AQ-3, C-AQ-
1 Applicant/
applicant’s
contractor
Provide contract
language requiring
use of renewable
diesel.
During all
construction
activities
City of Milpitas
Review contract
language.
AQ-4: Require Low-VOC Coatings During Construction
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related
fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less are used during construction. The project applicant will submit evidence of the use of low-VOC coatings to City prior to the start of construction.
AQ-2a, AQ-3, C-AQ-
1 Applicant/
applicant’s
contractor
Provide contract
language requiring
use of low-VOC
coatings.
During all
construction
activities involving
coatings
City of Milpitas
Review contract
language.
AQ-5: Require Fugitive Dust Best Management
Practices
All applicants proposing development of projects within the Metro Plan Area shall require their contractors, as a condition of contract, to reduce construction-related
fugitive dust by implementing BAAQMD’s basic control
measures at all construction and staging areas. The
following measures would be implemented.
All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day.
All haul trucks transporting soil, sand, or other loose material offsite will be covered.
AQ-2a, AQ-3, C-AQ-
1 Applicant/
applicant’s
contractor
Provide contract
language requiring
implementation of
fugitive dust best
management
practices.
During all
construction
activities to which
the basic control
measures would
apply
City of Milpitas
Review contract
language.
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Mitigation and Monitoring Reporting Program 4 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street
sweepers at least once per day. The use of dry power
sweeping is prohibited.
All vehicle speeds on unpaved roads, driveways, or
driving surfaces shall be limited to 15 miles per hour
(mph).
All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
A publicly visible sign will be posted with the telephone number and the name of the person to contact at the lead agency regarding dust complaints. This person will
respond and take corrective action within 48 hours. The phone number of the BAAQMD will also be visible to
ensure compliance.
AQ-6: Purchase Mitigation Credits for Construction
Emissions Exceeding BAAQMD’s Daily Pollutant
Thresholds
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for construction criteria pollutants found in Table 3-1 in
BAAQMD’s current CEQA guidelines (2017). The screening
limit for general office buildings, office park, or government office building is 277,000 square feet. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single - family housing, apartments, low-rise, hotels, strip malls). If the project is less than the screening limit for its project type, then applicants shall confirm to the City whether construction-related activities would include any of the following:
AQ-2a, AQ-3, C-AQ-
1 Applicant
Provide
documentation that
demonstrates the
project is below the
screening limit or
an estimate of
average emissions
compared to
BAAQMD
thresholds. If above
applicant must
show
documentation of
coordination with a
third-party or
governmental
Estimates provided
with application;
payment (if
required) is prior
to construction,
specifically prior to
any year in which
construction
activity is
estimated to result
in an exceedance of
thresholds
City of Milpitas
Review emissions
calculations and, if
necessary, review
documentation of
offset purchase.
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Mitigation and Monitoring Reporting Program 5 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
Demolition.
Simultaneous occurrence of more than two construction phases (e.g., paving and building construction would
occur simultaneously) or construction would occur
simultaneous with other Metro Plan development.
Simultaneous construction of more than one land use
type (e.g., project would develop residential and
commercial uses on the same site) (not applicable to high density infill development).
Extensive site preparation (i.e., greater than default assumptions used by the CalEEMod model for grading,
cut/fill, or earth movement).
Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export) requiring a
considerable amount of haul truck activity.
If the project is less than the screening limit for the project type and construction would involve none of the five
conditions above, no further action is required.
Project applicants not excluded by the conditions above shall estimate annual average emissions for each year of construction and compare the annual average emissions for each year of construction to the applicable BAAQMD
thresholds at the time of analysis. The emissions estimate shall be provided as part of the project’s initial application to the City. The City will review the estimate and confirm whether offsets are required for construction. Should the City-confirmed estimate indicate that the proposed
development estimate would not result in construction
emissions exceeding BAAQMD’s daily pollutant thresholds, no further action will be required.
For proposed developments that are estimated to result in exceedances of thresholds, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for entity for purchase
of construction
offsets.
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City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 6 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
every year in which construction emissions are estimated to exceed the BAAQMD thresholds. If the estimate shows
exceedances of multiple criteria pollutants above the
BAAQMD thresholds, then offsets must be obtained to
address each pollutant above the thresholds. Emission
reduction projects and fee will be determined in
consultation between the applicant and the third-party or governmental entity and will include offset provider
administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or
governmental entity. The emission reductions shall be
secured prior to any year in which construction activity is estimated to result in an exceedance. The payment for the emissions can either be on an annual basis or done once upfront, prior to construction.
To qualify under this mitigation measure, the specific
emissions reduction project(s) must result in emission
reductions in the SFBAAB that are real, surplus,
quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement.
AQ-7: Restrict Use of Natural Gas in New Development
Future development within the Metro Plan Area shall
utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future local building regulations. Natural gas infrastructure and appliances shall not be installed to the extent feasible as determined by the availability and capacity of electrical power distribution infrastructure.
AQ-2b, AQ-7, C-AQ-
1 Applicant
Provide design
documentation that
demonstrates
exclusion of natural
gas from new
development or
documentation it is
infeasible.
During project
design and
operation
City of Milpitas
Review
documentation.
AQ-8: Purchase Mitigation Credits for Operational
Emissions Exceeding BAAQMD’s Daily Pollutant
Thresholds
AQ-2b, AQ-8, C-AQ-
1 Applicant
Provide
documentation that
Estimates provided
with application;
payment (if
City of Milpitas
Review
documentation
283
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 7 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
Applicants proposing development of projects within the Metro Plan Area shall compare their project size with the BAAQMD screening sizes appropriate to their project for operational criteria pollutants found in Table 3-1 in
BAAQMD’s current CEQA guidelines (2017). The screening
limit for general office buildings, office park, or government office building is 346,000 square feet, 323,000 square feet, and 61,000 square feet, respectively. There are different screening limits for residential, retail, hotels, and other developments based off specific land use type (e.g., single- family housing, apartments, low-rise, hotels, strip malls) If the project is less than the screening limit for the project type, then no further action is required.
Project applicants not excluded by the condition above
shall estimate annual average operational emissions for each operational year over the life of the project (20 years) and compare the annual average emissions for each year of operations to the BAAQMD thresholds used in the EIR for criteria pollutants. The emissions estimate shall be
provided as part of the project’s initial application to the City for the project. The City will review the estimate and confirm whether offsets are required for operation. Should the City-confirmed estimate indicate that the proposed
development estimate would not result in operational
emissions exceeding BAAQMD’s daily pollutant thresholds, no further action is required.
For proposed developments that are estimated to result in exceedances of thresholds during any year of the project’s life, the applicants shall coordinate with a third-party (e.g., Bay Area Clean Air Foundation) or governmental entity to pay for criteria pollutant offsets for every year in which operational emissions are estimated to exceed the
BAAQMD thresholds. If the estimate shows exceedances of multiple criteria pollutants above the BAAQMD thresholds, demonstrates the
project is below the
screening limit or
an estimate of
average emissions
compared to
BAAQMD
thresholds. If above
applicant must c
show
documentation of
coordination with a
third-party or
governmental
entity for
operations offsets.
required) is prior
to operation or
annually during
project operation
and, if necessary,
review
documentation of
offset purchase.
284
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 8 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
then offsets must be obtained to address each pollutant above the thresholds. Emission reduction projects and fee will be determined in consultation between the applicant and the third-party or governmental entity and will include offset provider administrative costs. The agreement that specifies fees and timing of payment shall be provided to the City for review and signed by the applicant and the third-party or governmental entity. The emission
reductions shall be secured prior to any year in which
operational activity is estimated to result in an exceedance.
The payment for the emissions can either be on an annual basis or done once upfront prior to operation.
To qualify under this mitigation measure, the specific
emissions reduction project(s) must result in emission
reductions in the SFBAAB that are real, surplus,
quantifiable, and enforceable, and that would not otherwise be achieved through compliance with existing regulatory requirements of any other legal requirement.
AQ-9: Prepare a Health Risk Assessment
All applicants proposing development of projects in the Metro Plan Area within 1,000 feet of existing sensitive receptors, as defined by BAAQMD (e.g., residential), shall prepare a site-specific construction and operational Health Risk Assessment (HRA). The HRA shall include all
reasonably foreseeable sources of TAC, consistent with
BAAQMD guidelines. If the HRA demonstrates, to the
satisfaction of the City, that the health risk exposures or PM2.5 concentrations for adjacent receptors would be less than BAAQMD project-level thresholds, then additional
mitigation would be unnecessary. However, if the HRA
demonstrates that health risks or PM2.5 concentrations
would exceed BAAQMD project-level thresholds, additional feasible on- and offsite mitigation would be analyzed by the applicant to help reduce risks to the greatest extent
AQ-3, C-AQ-1 Applicant
Prepare HRA. If
health risk is over
BAAQMD
threshold, analyze
mitigation to
reduce risks.
With project
application
City of Milpitas
Review HRA and, if
necessary,
mitigation
measures.
285
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 9 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
practicable. Mitigation may include installation of indoor air filters (MERV 13 or higher) at sensitive receptor
locations and planting of vegetation and trees as pollution buffers.
Greenhouse Gases
GHG-1: Require Implementation of BAAQMD-
Recommended Construction Best Management
Practices
All applicants within the Metro Plan Area shall require their contractors, as a condition of contracts, to reduce
construction-related GHG emissions by implementing
BAAQMD’s recommended BMPs, including the following
measures (based on BAAQMD’s 2017 CEQA Guidelines):
Ensure alternative fueled (e.g., biodiesel, electric) construction vehicles/equipment make up at least 15
percent of the fleet.
Use at least 10 percent local building materials (sourced from within 100 miles of the Metro Plan Area).
Recycle and reuse at least 50 percent of construction waste or demolition materials.
GHG-1, C-GHG-1 Applicant/
applicant’s
contractor
Provide contract
language requiring
implementation of
fugitive dust best
management
practices.
During all
construction
activities
City of Milpitas
Review contract
language.
GHG-2: Implement Operational GHG Reduction
Measures or Their Equivalent
Applicants of future projects within the Metro Plan Area shall implement the following operational GHG emissions reduction strategies where feasible or demonstrate why a measure is not feasible, and implement equivalent GHG
reductions to the foregone measure, or pay a mitigation fee per Mitigation Measure GHG-3 (see below) to compensate
for any foregone GHG reductions not implemented.
Applicants of future projects that do not propose to
implement all of the strategies described below shall
prepare a feasibility study outlining why the declined
strategies were not implemented (e.g., feasibility, not GHG-1, C-GHG-1 Applicant
Provide
documentation of
integration or
reduction
strategies into
project design and
operational plans
or demonstrating
infeasibility and
alternative
measures.
With project
application, prior
to issuance of
building permits
City of Milpitas
Review project
designs and, as
needed,
documentation of
infeasibility or
alternative
measures.
286
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 10 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
applicable, etc.), estimating the foregone GHG reductions, and identifying any equivalent GHG reduction measures
proposed (or proposal to pay a mitigation fee instead) for the City’s review and concurrence prior to the issuance of building permits.
LEED Certification. The United States Green Building
Council (USGBC) is a private 501(c)3, non-profit
organization that promotes sustainability in building
design, construction, and operation. The USGBC
developed the LEED program, which provides a rating
system that awards points for new construction based on energy use, materials, water efficiency, and other
sustainability criteria. LEED has certification systems for both commercial and residential use.
While LEED allows some flexibility in choice of measures to meet LEED criteria, new construction shall be required to include specific committed measures in use of recycled and sustainable materials in construction, water
efficiency, and efficiency of energy use. New development in the Metro Plan Area shall be required to achieve LEED Silver certification or equivalent, or a higher certification, or provide equivalent GHG reductions through proposed
new measures or payment of a fee per Mitigation
Measure GHG-3.
Natural Gas Infrastructure. Future development within the Metro Plan Area shall utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future regulations. Natural gas infrastructure and appliances shall not be installed to the extent feasible as determined by the availability and
capacity of electrical power distribution infrastructure. Solar Roofs. Mounted rooftop electricity-generating
solar panels convert solar energy to electricity for use in commercial and residential buildings.
287
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 11 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
New construction in the Metro Plan Area shall be
required to either employ solar roofs on at least 30
percent of roof square footage or provide equivalent GHG reductions through proposed new measures or pay a
mitigation fee per Mitigation Measure GHG-3. The
inclusion of solar roofs may be part of meeting LEED
Silver or equivalent requirements.
Waste Minimization Programs. For waste that is
generated by non-residential uses, recycling, composting of food waste and other organics, and the use of reusable products instead of disposal products diverts solid waste from the landfill stream.
New non-residential uses in the Metro Plan Area shall be required to implement recycling (including organics
recycling) and reusable product use programs or provide equivalent GHG reductions through proposed new
measures or pay a mitigation fee per Mitigation Measure GHG-3. The inclusion of these measures may be part of
meeting LEED Silver or equivalent requirements.
GHG-3: Purchase GHG Mitigation Credits
Where a future project in the Metro Plan Area does not
propose to implement all of the GHG reduction measures in Mitigation Measure GHG-2 and does not propose equivalent reduction measures to compensate for the measures not
implemented, the project applicant shall be required to pay on a pro rata basis for net operational GHG emissions to compensate for emissions foregone from not implementing all measure in Mitigation Measure GHG-2 or providing
equivalent reductions.
Applicants may purchase GHG credits from a voluntary
GHG credit provider that has an established protocol that requires projects generating GHG credits to demonstrate that the reduction of GHG emissions are real, permanent, quantifiable, verifiable, enforceable, and additional (per the GHG-1, C-GHG-1 Applicant
Provide
documentation of
GHG mitigation
credit purchase.
With project
application, and
then prior to
January 1 of each
calendar year for
the following year
for up to 30 years
of operations
City of Milpitas
Review
documentation.
288
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 12 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
definition in California Health and Safety Code Sections 38562(d)(1) and (2)). Definitions for these terms are as follows.
Real: Estimated GHG reductions should not be an artifact of incomplete or inaccurate emissions accounting.
Methods for quantifying emission reductions should be
conservative to avoid overstating a project’s effects. The effects of a project on GHG emissions must be
comprehensively accounted for, including unintended
effects (often referred to as “leakage”). To ensure that GHG reductions are real, the reduction must be a direct reduction within a confined project boundary.
Additional: GHG reductions must be additional to any
that would have occurred in the absence of the Climate
Action Reserve, or of a market for GHG reductions
generally. “Business as usual” reductions (i.e., those that would occur in the absence of a GHG reduction market)
should not be eligible for registration.
Permanent: To function as offsets to GHG emissions,
GHG reductions must effectively be “permanent.” This
means, in general, that any net reversal in GHG
reductions used to offset emissions must be fully
accounted for and compensated through the achievement
of additional reductions.
Quantifiable: GHG reductions or GHG removal
enhancements must be able to be accurately measured
and calculated relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset
project boundary, while accounting for uncertainty and
activity-shifting leakage and market-shifting leakage.
Verified: GHG reductions must result from activities that have been verified. Verification requires third-party
289
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 13 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
review of monitoring data for a project to ensure the data are complete and accurate.
Enforceable: The emission reductions from offset must be backed by a legal instrument or contract that defines exclusive ownership and the legal instrument can be
enforced within the legal system in the country in which the offset project occurs or through other compulsory
means. Please note that per this mitigation measure, only credits originating within the United States are allowed.
GHG credits must also meet the following requirements:
GHG credits may be in the form of GHG offsets for prior reductions of GHG emissions verified through protocols
or forecasted mitigation units for future committed GHG emissions meeting protocols.
All credits shall be documented per protocols
functionally equivalent in terms of stringency to CARB’s protocol for offsets in the cap and trade program. The
applicant must provide the protocols from the credit
provider and must document why the protocols are
functionally equivalent.
Applicants shall identify GHG credits in geographies
closest to Santa Clara County first and only turn to larger geographies (i.e., California, United States, global) if adequate credits cannot be found in closer geographies, or the procurement of such credits would create an
undue financial burden. Applicants shall provide the
following justification for not using credits in closer geographies in terms of either availability or cost
prohibition:
Lack of enough credits available in closer geographies. Prohibitively costly credits in closer geographies are defined as credits costing more than 300 percent the
290
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 14 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
amount of the current costs of credits in the regulated CARB offset market.
Documentation submitted supporting GHG credit
proposals shall be prepared by individuals qualified in GHG credit development and verification and such
individuals shall certify the following: (1) proposed
credits meet the definitions for the criteria provided in this measure; and (2) the protocols used for the credits meet or exceed the standards for stringency used in
CARB protocols for offsets under the California cap-
and-trade system.
This mitigation includes the following specific
requirements for applicants of future projects within the Metro Plan Area:
Applicants shall provide the City with a 30-year
operational GHG emissions estimate for the final design that includes two scenarios: (1) project operations
including all Mitigation Measure GHG-2 reduction
measures; and (2) project operations only including
those Mitigation Measure GHG-2 reduction measures the
applicant proposes to implement and any alternative
GHG reduction measures proposed by the applicant. The
emissions estimate can be focused exclusively on the
sectors where Mitigation Measure GHG-2 measures will
not be fully implemented. The difference between the
Scenario 1 and Scenario 2 operational emissions will
define the amount of needed annual GHG reductions to
be addressed through purchase of GHG mitigation
credits. The City shall review the emission estimates to ensure they are representative and determine the total
amount of annual GHG emissions required to be
addressed through purchase of mitigation credits.
Applicants shall purchase GHG mitigation credits
meeting the above requirements and provide
291
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 15 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
documentation to the City of how the credits meet the
above requirements. Applicants shall provide the City
with documentation of the retirement of sufficient GHG
credits to meet the annual GHG reduction amount prior
to January 1 of each calendar year for the following year.
This requirement shall apply to operations for up to 30 years. Applicants may purchase credits up front or in
advance as they choose.
Noise
NOI-1: Mechanical Equipment Noise Reduction Plan
To reduce potential noise impacts resulting from
mechanical equipment (including but not limited to HVAC equipment and emergency generators), the applicants of
future projects under the Metro Plan shall conduct a noise analysis to estimate noise levels of project-specific
mechanical equipment. The noise analysis shall be based on the selected equipment models and design features. The
applicant for the project shall create a Noise Reduction Plan to ensure noise levels of equipment, once installed, are below the applicable criteria described below.
The Noise Reduction Plan shall include any necessary noise reduction measures required to reduce project-specific
mechanical equipment noise to a less-than-significant level.
The plan shall also demonstrate that with the inclusion of selected measures, noise from equipment would be below
the significance thresholds. Feasible noise reduction
measures to reduce noise below the significance thresholds include, but are not limited to, selecting quieter equipment, utilizing silencers and acoustical equipment at vent
openings, siting equipment farther from the roofline,
and/or enclosing all equipment in a mechanical equipment room designed to reduce noise. Regarding emergency
generators, additional noise reduction options include, but are not limited to, installing quieter model generators, NOI-2, C-NOI-1 Applicant
Prepare a noise
analysis for
mechanical
equipment and a
Noise Reduction
Plan with reduction
measures to reduce
project noise to
below a level of
significance.
During project
design
City of Milpitas
Review noise
analysis and Noise
Reduction Plan.
292
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 16 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
incorporating noise-reducing emergency generator
weather enclosures, and installing exhaust mufflers or
silences. The results of the noise analysis and the final Noise Reduction Plan shall be provided to the City prior to the issuance of building permits.
The noise analysis and Noise Reduction Plan shall be
prepared by persons qualified in acoustical analysis and/or engineering. The Noise Reduction Plan shall demonstrate with reasonable certainty that noise from mechanical
equipment selected for the project, including the
attenuation features incorporated into the project design, will not exceed the City of Milpitas property plane
thresholds of 55 dBA during daytime hours or 45 dBA
during nighttime hours for nearby residential land uses.
The applicants of future projects under the Metro Plan shall incorporate all feasible methods to reduce noise and any other feasible recommendations from the acoustical
analysis and Noise Reduction Plan into the building design and operations, as necessary, to ensure that noise sources meet applicable requirements of the respective noise
ordinances at receiving properties.
NOI-2: Protect Potentially Susceptible Structures from
Construction-Generated Vibration
If a future development project in the Metro Plan requires any of the following construction activities, then this measure would apply:
Pile driving within approximately 100 feet of an existing structure.
Construction with other ground-disturbing equipment
(e.g., jackhammers, bulldozers, excavators, etc.) within 25 feet of an existing structure.
The construction contractor shall consult with the City to determine whether adjacent or nearby structures could be NOI-3, C-NOI-1 Applicant/
applicant’s
contractor
Consult with the
City about potential
impacts to nearby
structure and
implement
measures to avoid
damage to
structures in
coordination with
the City.
During
construction
involving pile
driving within 100
feet of a structure
or other ground-
disturbing
equipment within
25 feet of a
structure
City of Milpitas
Review
documentation of
consultation and
that measures have
been required, if
needed, to reduce
impacts.
293
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 17 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
adversely affected by construction-generated vibration. If buildings adjacent to construction activity are identified that could be adversely affected, the project applicant will incorporate into construction specifications for their
project a requirement that the construction contractor(s) use all feasible means to avoid damage to adjacent and
nearby buildings. Such methods to help reduce vibration - related damage effects may include maintaining a safe
distance between the construction site and the potentially affected building (e.g., at least 100 feet for “historic and some old buildings”) or using “quiet” pile-driving
technologies (such as predrilling piles or using sonic pile drivers).
Should pile driving be required within 100 feet of a
building in the “historic or some old building” category, within 75 feet of buildings in the “older residential
structures” category, and within 55 feet of buildings in the “modern industrial/commercial” category, the City will
work with the construction contractor to implement a
monitoring program to minimize damage to adjacent
buildings and ensure that any such damage is documented and repaired. If required, the monitoring program will
include the following components:
Prior to the start of any ground-disturbing activity, the project applicant will engage a historic architect or
qualified historic preservation professional to undertake a preconstruction survey of nearby affected buildings
that may be considered historic. For buildings that are not potentially historic, a structural engineer or other professional with similar qualifications will document
and photograph the existing conditions of potentially
affected buildings within 100 feet of pile-driving activity. Based on the construction and condition of the
resource(s), the consultant will also establish a standard 294
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 18 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
maximum vibration level that will not be exceeded at any building, based on existing conditions, character-defining features, soil conditions, and anticipated construction practices. Common standards are a peak particle velocity of 0.25 inch per second for “historic and some old
buildings,” a peak particle velocity of 0.3 inch per second for “older residential structures,” and a peak particle velocity of 0.5 inch per second for “new residential
structures” and “modern industrial/commercial
buildings,” as shown in Table 3.4-2.
To ensure that vibration levels do not exceed the
established standard, the project applicant will monitor vibration levels at each structure and prohibit vibratory construction activities that generate vibration levels in excess of the standard.
Should vibration levels be observed in excess of the
selected standard, construction will be halted, and
alternative construction techniques put in practice, to the extent feasible (e.g., predrilled piles could be substituted for driven piles, if feasible, based on soil conditions, or smaller, lighter equipment could be used in some cases). The historic preservation professional (for effects on historic buildings) and/or structural engineer (for effects on non-historic structures) will conduct regular periodic inspections (every 3 months) of each building during
ground-disturbing activity on the project site. Should
damage to any building occur, the building(s) will be
remediated to their preconstruction condition at the
conclusion of ground-disturbing activity on the site.
NOI-3: Implement Nighttime Construction Vibration
Control Plan to Reduce Vibration-Related Annoyance
Impacts on Adjacent Land Uses
Should vibration-generating construction activities for future development under the Metro Plan be proposed
NOI-3, C-NOI-1 Applicant/
applicant’s
contractor
Develop a
nighttime
Prior to and during
vibration-
generating
construction
activities outside of
City of Milpitas
Review nighttime
construction
vibration control
plan.
295
Item # 8.
City of Milpitas
Milpitas Metro Specific Plan
Mitigation and Monitoring Reporting Program 19 July 2022
Milpitas Metro Specific Plan
Mitigation Monitoring and Reporting Program
Mitigation Measure Impacts
Implementing
Party, Action Timing
Monitoring Party,
Verification
outside of the daytime hours of 7:00 a.m. to 7:00 p.m., and should non-pile driving equipment be proposed within 25 feet of occupied residences or buildings where people
sleep, the construction contractor for a project in the Metro Plan Area shall develop a nighttime construction vibration control plan. In addition, should nighttime pile driving activities be proposed within 100 feet of such buildings, the construction contractor for a project in the Metro Plan Area shall similarly develop a nighttime construction vibration control plan. The construction vibration control plan shall demonstrate that vibration levels at the residential land uses during nighttime hours will not exceed 0.1 PPV in/sec.
In addition, the construction contractor will appoint a project vibration coordinator who will serve as the point of contact for vibration-related complaints during project construction. The contact information for the project
vibration coordinator shall be posted at the project site and on a publicly available project website for future
development projects under the Metro Plan. Should
residents in the project area submit complaints to the
project vibration coordinator for nighttime construction vibration concerns, the project vibration coordinator shall work with the construction team to adjust activities to reduce vibration or to reschedule activities for a less sensitive time.
construction
vibration control
plan.
daytime hours
within 100 feet of
residences/
sleeping quarters
(pile driving) or 25
feet of residences/
sleeping quarters
(non-pile driving)
S:\PLANNING DIVISION1\SPECIFIC PLANS\Transit Area Plan\2019 TASP Update - 2021 Metro\Metro EIR 2021 ICF\Final SEIR Metro - June 2022\MMRP Metro Aug 2022.docx 296
Item # 8.
Weblink to Milpitas Metro Specific Plan:
https://www.milpitas.gov/wp-content/uploads/2022/11/Milpitas-Metro-Specific- Plan-Public-Draft-10.31.22-compressed.pdf
Project website: www.milpitasmetro.org
297
Item # 8.
RESOLUTION NO. 22-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MILPITAS RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE
MILPITAS METRO SPECIFIC PLAN FINAL SUBSEQUENT ENVIROMENTAL
IMPACT REPORT (FSEIR), AND THAT THE CITY COUNCIL ADOPT THE
MILPITAS METRO SPECIFIC PLAN
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 65 300 et seq. requires each city to prepare and adopt a comprehensive, long-term general pl an for the physical development of the county or city; and
WHEREAS, the City’s General Plan was last comprehensively upd ated in 2021, including reference to the land use responsibilitie s of the previousl y adopted Transit Area Specific Plan ( “TASP”) and the pending update of that Plan with the Milpitas Metro Specific Plan; and
WHEREAS, in February 2020, the City initiated a multi -year process to comprehensively update the TASP by hiring consultants, approving a wo rk plan and sche dule, and conducting public workshops; and
WHEREAS, the City’s consultants and staff held public workshops to identify key issues and challenges that Milpitas may face in the Plan area and the City generally over the next 20 year s, update the Plan ’s Land Use Map , and to update a compre hensive set of g oals and policies contained in the Specific Plan; and
WHEREAS, the Cit y Council and Plan ning Commi ssion received periodic briefings from city staff and the consult ant team to review input and receive information relevant to the specific topics addressed in the Plan update work , and to provide direction and guidance to staff and the consultant te am regarding land use opportunity areas and development of the preferred land use map; and
WHEREAS, the Milpitas Metro Specific Plan carries forward some of the major goals of the 2008 Transit Area Specific Plan but has substantially updated the Plan area and policies to address current local conditions and community priorities; and
WHEREAS, the “Planning Area” for the Milpitas Metro Specifi c Plan is defined as the area within the defined boundaries, including approximately 510 acres in the southeast corner of the City, generally surrounding the Milpitas Transit Center; and
WHEREAS, the Milpitas Metro Specific Plan is a focused document tha t provides an integrated and internally consistent statement of the official land use pol icy consistent with the City of Milpitas General Plan; and
DocuSign Envelope ID: 35AA8AA9-CD5C-4D5B-9952-78528A11AE9E 298
Item # 8.
Resolution No. 22-025 Milpitas Metro Specific Plan Page 2
WHEREAS, The City made available the draft Milpitas Metro Specific Plan to the public, affected public entities an d agencies in compliance with state law (Government Code Sections 65450 – 65457, and in accordance with Government Code Sections 653 52.3 contacted California Native American trib es that are on the contact list maintained by the Native America heritage Commission to i nvite those tribes to consult on the proposed Milpitas Metro Specific Plan; and
WHEREAS, the City released the Public Review Draft Milpitas Metro Specific Plan in April 2022 and invited comments by the public from April 15, 2020 and up to the adoption of the Plan and has updated the Draft Metro Plan and ma de it avail able on the project website (www.milpitasmetro.org) ); and
WHEREAS, the City prepare d a Draft Subsequent Environmental Im pact Report (“SEIR”) (SCH#: 2006032091) for the Public Review Draft Milpitas Metro Specific Plan that provides a description of potential environmental impacts of the project update and recommends mitigation measures to reduce the i mpacts to a less than significant level, where feasible, and released the Draft SEIR on April 15, 2022 for a 45-day public review period that ended on May 31, 2022, and a Findings of Fact has been prepared to comprehe nsively describe the potential impacts, mitigation measures and overriding considerations in adopting the Metro Plan; and
WHEREAS, the City has received comments on both the Public Review Draft Milpitas Metro Specific Plan and the Draft SEIR, considered a nd analy zed the comments , and made changes to the EIR and Draft Milpitas Metro Specific Plan as a result of the comments received and incorporated the comments and respon ses to comments on the Draft EIR in th e Final EIR and included comments and responses to comments on the Draft Milpitas Metro Specific Plan as a separate document for the public and de cisionmakers to review a s par t of the Planning Commission public hearing process and has made it available on the project website (www.milpitasmetro.org); and
WHEREAS, comments on the Draft Milpitas Metro Specific Plan received from the public and were presented and revisions pr oposed for Planning Commission consideration, which were included as part of the Final SEIR for the November 9, 2022 Planning Commission review; and
WHEREAS, on November 9, 2022 , the City of Milpitas Planning Commissio n held a duly noticed public hearing on the SEIR and the Draft Milpitas Metro Specific Plan, considered all written and oral reports of staff and publ ic testimony on the matter, and such other matters as are reflected in the record of this matter; and
NOW THEREFORE , the Plannin g Commission of the City of Milpitas hereby finds, determines and resolves as follows:
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Resolution No. 22-025 Milpitas Metro Specific Plan Page 3 SECTION 1. Recitals
The Planning Comm ission has du ly con sidered 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 mate rials and e vidence submitted or provided to the Planning Commission.
Furthermore, the r ecitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. CEQA Findings
The Planning Commission has been provided the Final Subsequent SEIR and findings to review and consider in making a recommendation to the City Council to adopt the Milpitas Metro Specific Plan.
SECTION 4: Planning Commission Action
The Planning Co mmission of the City of Milpit as hereby adopts Resolution No. 22-025 recommending that the City Council certify the Milpitas Metro Specific Plan Final Subsequent Environmental Impact Report (F SEIR) (SCH#2006032091) and that the City Council adopt the Milpitas Metro Specific Plan
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on December 14, 2022.
Chair
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Resolution No. 22-025 Milpitas Metro Specific Plan Page 4 TO WIT:
I HEREBY CERTIFY that the following resolution was duly adopted a t a re gular meeting of the Planning Commission of the City of Milpitas on November 9 , 2022 and carried by the following roll call vote:
COMMISSIONER AYES NOES ABSENT ABSTAIN
Bill Chuan
Larry Ciardella
Mercedes Albana
Alexander Galang
Dipak Awasthi
Zeya Mohsin
Sonia Medina-Ashby
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Certificate Of Completion
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Elizabeth Medina
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455 E Calaveras Blvd
Milpitas, CA 95035
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AGENDA ITEM: IX-1
MILPITAS PLANNING COMMISSION
STAFF REPORT
December 14, 2022
APPLICATION: Draft Milpitas Metro Specific Plan (Metro Plan) and Final Subsequent Environmental Impact Report (SEIR): Review and discuss the Final Milpitas Metro Environmental Impact Report and Milpitas Metro Specific Plan , which updates the 2008 Transit Area Specific Plan (TASP), including expansion of the boundaries of the Plan area and increasing the development potential and infrastructure of the Metro Plan area, and provide a recommendation for approval to the Milpitas City Council.
RECOMMENDATION:
Staff recommends that the Planning Commission conduct a public hearing and adopt Resolution No. 22-025 recommending that the City Council certify the Milpitas Metro Plan Subsequent Environmental Impact Report (SEIR) (SCH#: 2006032091) an d adopt the Milpitas Metro Specific Plan
PROJECT LOCATION:
The Plan area encompasses approximately 510 acres at the southeast corner of the City, including the new Milpitas Transit Center and the Great Mall
PEOPLE:
Project Consultants:
Project Staff:
Urban Field Studio, Jane Lin, Principal
M-Group, Christina Paul, Principal
ICF, Heidi Mekkelson, Principal
ICF, Kristi Black, Senior Environmental Planner
Ned Thomas, Planning Director
Kevin Riley, TASP/Metro Project Manager
Staff from Various City Departments
ENVIRONMENTAL
PROCESS:
A Subsequent Environmental Impact Report (SEIR) has been prepared.
The Draft SEIR was circulated on April 15, 2022, for a 45-day public review period in accordance with the California Environmental Quality Act (CEQA). Responses to comments on and amendments to the Draft SEIR have been incorporated into the Draft to produce the Final SEIR, which the City Council must certify prior to adoption of the Metro Plan.
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Milpitas Metro Specific Plan and SEIR Page 2
BACKGROUND
This proposal was presented to the Planning Commission on November 9, 2022. There have been no changes to the Plan or the related materials , and staff has not received additional public comments since that meeting. Attached are copies of t he November 9, 2022 Planning Commission staff report and draft resolution for review by the C ommission and the public. Also attached are weblinks to the draft Metro Specific Plan document and SEIR materials.
OVERVIEW
The Milpitas Metro Specific Plan (Metro Plan) updates the original 20-year Transit Area Specific Plan (TASP). Little development occurred in the first years of the TASP program that coincided with the Great Recession but resurging strong housing demand resulted in nearly 95 percent of its housing being entitled or developed by 2019. In addition, following the TASP adopti on in 2008, relatively little of the commercial potential of the TASP has was realized. The preliminary phases of housing development focused on town homes and did not yield retail development ; however, more recent development along Great Mall Parkway has included commercial and retail development in a mixed- use format.
In 2019, t he City determined that an amendment and update of the original TASP was needed to ensure continued capacity for future development in the area surrounding the Milpitas Transit Center.
The TASP update evolved into the Milpitas Metro Plan , with an expanded Plan area with higher density residential opportunities and greater commercial intensity intended to take advantage of the BART/VTA transit hub and the close proximity of jobs, housing and services that could be realized within a walkable area.
The Milpitas City Council certified an Environmental Impact Report (SCH #2006032091) for the Transit Area Specific Plan in 2008 in accordance with the California Environmental Quality Act (CEQA). The certified Program EIR for the TASP analyzed environmental impacts of the proposed development and the TASP policies related to development.
The Subsequent Environmental Impact Report (SEIR) prepared for the Milpitas Metro Plan analyzes a variety of changes in the original TASP with respect to a new development scenario and updated or changed policies in document. These changes generally address: 1) geographic expansion of the Plan area; 2) changes in land use and zoning designations, 3) added residential and non-residential populations in the area, and 4) extension of the time horizon from the original 2030 to 2040.
Attached below is a copy of the proposed Metro Plan Land Use Map, which was also presented in the November 9, 2022 Planning Commission staff report.
RECOMMENDATION:
Staff recommends that the Planning Commission:
1. Open the Public Hearing to receive comments;
2. Close the Public Hearing; and
3. Adopt Resolution No. 22-025 recommending that the City Council certify the Milpitas Metro Plan Subsequent Environmental Impact Report (SEIR) (SCH#:2006032091) and adopt the Milpitas Metro Specific Plan.
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Milpitas Metro Specific Plan and SEIR Page 3
Figure 1: Metro Specific Plan Land Use Diagram
ATTACHMENTS:
A: Planning Commission Staff Report for November 9, 2022 B: Resolution No. 22-025
C: Weblink to Draft Milpitas Metro Specific Plan
D: Weblink to Draft Supplemental Environmental Impact Report (SEIR)
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AGENDA ITEM: IX-1
MILPITAS PLANNING COMMISSION
STAFF REPORT
November 9, 2022
APPLICATION: Draft Milpitas Metro Specific Plan (Metro Plan) and Final Subsequent Environmental Impact Report (SEIR): Review and discuss the Final Milpitas Metro Environmental Impact Report and Milpitas Metro Specific Plan , which updates the 2008 Transit Area Specific Plan (TASP), including expansion of the boundaries of the Plan area and increasing the development potential and infrastructure of the Metro Plan area, and provide a recommendation for approval to the Milpitas City Council.
RECOMMENDATION:
Staff recommends that the Planning Commission conduct a public hearing and adopt Resolution No. 22-025 recommending that the City Council certify the Milpitas Metro Plan Subsequent Environmental Impact Report (SEIR) (SCH#: 2006032091) an d adopt the Milpitas Metro Specific Plan
PROJECT LOCATION:
The Plan area encompasses approximately 510 acres at the southeast corner of the City, including the new Milpitas Transit Center and the Great Mall
PROJECT
CONSULTANTS:
PROJECT STAFF:
Urban Field Studio, Jane Lin, Principal
M-Group, Christina Paul, Principal
ICF, Heidi Mekkelson, Principal
ICF, Kristi Black, Senior Environmental Planner
Ned Thomas, Planning Director
Kevin Riley, TASP/Metro Project Manager
Staff from Various City Departments
ENVIRONMENTAL
REVIEW:
A Subsequent Environmental Impact Report (SEIR) has been prepared.
The Draft SEIR was circulated on April 15, 2022, for a 45-day public review period in accordance with the California Environmental Quality Act (CEQA). Responses to comments on and amendments to the Draft SEIR have been incorporated into the Draft to produce the Final SEIR, which the City Council must certify prior to adoption of the Metro Plan.
The SEIR is a Program EIR and provides analysis of the changes in land use strategies and policies of the Metro Plan. Development of individual projects that are consistent with the Milpitas Metro Specific Plan strategies and policies will generally require no further CEQA analysis in receiving project entitlements.
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2 BACKGROUND
The Milpitas Metro Specific Plan (Metro Plan) updates the original 20-year Transit Area Specific Plan (TASP). Little residential development occurred in the first years of the TASP program that coincided with the Great Recession but resurging strong housing demand resulted in nearly 95 percent of its housing being entitled or developed by 2019. Following the TASP adoption in 2008, relatively little of the commercial potential of the TASP has been realized to date. The preliminary phases of housing development focused on town homes and did not yield significant retail development, however more recent development along Great Mall Parkway has included commercial and retail development in a mixed-use format; particularly of note is the Trader Joe’s market in the Turing project.
The City determined in 2019 that an amendment and update of the original plan was needed, and the update became the Metro Plan, reflecting an expanded Plan area with higher density residential opportunities and greater commercial intensity intended to take advantage of the BART/VTA transit hub and the close proximity of jobs, housing and services that could be realized within a walkable area.
Plan Vision
The following are the seven key points of the Milpitas Metro Plan Vision, as articulated in the plan:
1. To create a more complete neighborhood.
2. To expand neighborhood services and the variety of retail.
3. To preserve space for jobs near transit.
4. To provide affordable and market-rate housing.
5. To provide safer and more attractive multimodal connections for walking and biking.
6. To provide a greater variety of shared public spaces.
7. To enhance the sense of place and identity of the Metro Area.
The Plan goes on to describe the future state of the plan area in this way:
The Milpitas Metro area is a unique and vital hub in Silicon Valley. It is a major transportation crossroads, including transit stops served by BART, VTA light rail, and bus, and it includes major roadways and highway access. It is also emerging as Milpitas’s densest urban center, featuring new multifamily development, a range of s hopping opportunities, and a planned Innovation District… Milpitas Metro will be an urban, future -forward center that supports a balanced mix of housing, retail, and employment uses; provides safe multimodal connections and public spaces; and is distinguis hed by urban design standards that create a visually memorable environment.
ANALYSIS
The proposed Metro Plan, as an update of the 2008 TASP, incorporates changes to address current and future economic and social conditions that have evolved since the original plan was adopted in 20008. The recently adopted Milpitas General Plan, as well as the proposed changes to the abutting Midtown Specific Plan, present planning implications for the new Metro Plan area. In addition, economic cycles and conditions influence land use needs, such as increases in residential sites and densities, as well as higher intensity employment and service commercial possibilities. 311
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3 Specifically, two significant factors contribute to a new perspective on the potential of the Metro Plan to contribute to meeting development demands in the City:
1) The opening of the BART heavy rail transit in the Milpitas Transit Center and its connection to both the VTA light rail/bus system and to the greater Bay Area, and; 2) The State mandated Regional Housing Needs Allocation (RHNA) process, particularly the 6th Cycle RHNA that the City is currently preparing a Housing Element in response to that increases the need for the City to identify sites and support higher density housing projects at all income levels.
Figure 1 below is the updated land use diagram for the Milpitas Metro area.
Figure 1: Metro Specific Plan Land Use Diagram
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4 The Metro Plan promises to bring several significant changes to the transit area, including the following:
Geographic Expansion of the Plan Area:
Together, the two proposed Metro Plan annexations increase the Plan area to 510 acres.
The 2008 TASP covered 437 acres of land surrounding the future Milpitas Transit Center, envisioning an area that could provide housing, jobs and services all within walking distance of each other and of the future transit center. With the geographic expansion of the Plan, the six distinct planning Subdistricts identified in the TASP have been reconfigured and renamed as five Districts – the Great Mall, the McCandless, the Tango (Sango and Tarob Court areas), the Piper and the Innovation District.
Innovation District
The expansion of the Metro Plan area eastward toward Interstate 680 would annex about 60 acres on both sides of Montague Expressway for the pending development of an Innovation District that was highlighted in the General Plan update process and adoption. The Innovation District is primarily intended as the focus for commercial development with a focus on technology and research that provides employment opportunities and revenue generation for the City. It also covers the Transit Center, includes the existing hotel site and contemplates future hotels when demand calls for them.
It also includes some existing and future housing in a mixed-use environment close in to jobs and transit.
South Main Street Expansion
To the west, the addition of approximately 13 acres of lands along S. Main Street captures some City-owned parcels and other private properties that were already recognized as housing sites under the City’s current Housing Element and the Midtown Specific Plan. Both documents are concurrently being updated, and the Midtown planning area boundaries are re-evaluated to reflect re-focused objectives. Bringing these few properties into the Metro Plan would recognize their contributions to and benefits from being a part of the pedestrian-oriented development that characterizes the Metro Plan area.
Increased Housing Potential:
The Metro Plan will add the potential for an additional 7,000 housing units over its planning term through 2040.
The original TASP anticipated 7,109 new units would be added to the Plan area, adding to the existing 468 units in the previously constructed multi-family project on East Capitol Avenue, The Crossings, for a total of 7,522 residential units in the Plan. Over 6,900 of these units were entitled and/or constructed by 2019. Much of the development since 2008 have been townhome units at the lower end of the allowable density range (20 du/ac).
While the City is already aware of the need for housing in the Bay Area, the sixth RHNA cycle calls for the City to identify and support at least 6,713 more housing units in this 8-year RHNA planning cycle 2023-31. This need must be accommodated in the City’s updated Housing Element, including housing at all income categories, and the City must identify sites and policies that will allow such housing to be realized (although the City is not required to ensure the actual construction of these units).
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5 Remaining undeveloped sites identified now in the Metro Plan will present opportunities to develop housing at yields no lower than those that were identified in the TASP (or the Midtown Plan). This keeps the City in compliance with California Government Code Section 65863 by ensuring capacity for the required number of affordable housing units. Some sites along Montague Expressway near the Transit Center are to be re-designated for office/employment uses, and more housing areas will need to be accommodated elsewhere in the Plan area, including at such time as the owners of the Great Mall might take advantage of economic conditions that will support housing close to retail services and jobs. The Great Mall District by itself is seen as capable of producing at least 3,000 housing units by 2040. The City collaborated with Simon Properties, owners of the Great Mall, while writing the plan, and provided a framework for the development of the Great Mall in the plan.
The South Main Street area, including the expansion southward, was originally intended to increase both height and density allowances, but in the last reading on April 19, 2022, the Council expressed concern about increasing heights given the single-family residential uses in the Pines neighborhood across South Main Street. While State law prohibits the City from reducing existing residential development allowances as described above, the Plan has been recalibrated to recommend no increase in heights along South Main Street, retaining the current allowance of 75 feet.
The existing TASP anticipated little change to the Great Mall site during the course of the Plan, through 2030. But in the Metro Plan, recognizing today’s economic environment, the physical format for commercial activity and the addition of housing are significant factors for commercial property owners and for businesses looking to be in these areas. The Metro Plan recognizes these forces and increases the opportunities in the Great Mall District to allow a wide range of uses. The Plan anticipates that both the City and the property owner of the Great Mall will want to plan in more detail how future redevelopment of the Great Mall could occur in the best interests of both parties, retaining commercial services and enhancing the value of this land, such that a comprehensive Development Agreement (DA) would be a likely path to follow up on how to implement the Metro Plan in that area following Metro Plan adoption. The Metro Plan establishes a framework articulating the initial expectations of the City relative to the redevelopment of the site and will serve as a strong foundation for a future Development Agreement.
Increased Potential for Employment:
The Metro Plan proposes three million square feet of new employment space and over 10,700 potential jobs.
The 2008 TASP recognized the value of the future Milpitas Transit Center and its regional BART service to support significant commercial and employment development. The original TASP envisioned over 993,000 square feet of new business-oriented development, but to date, only about 10,000 square feet of that development has been realized. Even though regional BART service is now operating and is seen as a significant driver of commercial interest in the Plan area, the Covid- 19 pandemic greatly altered the timing of the positive influence of the transit system on land values and development demand.
The Metro area, particularly with the eastward boundary expansion of the Innovation District, can add to the original commercial opportunity by adding more commercial/ employment space. It is anticipated that such development could bring new high-paying jobs to the City, particularly providing new opportunities for Milpitas citizens. Significant job growth near new and existing 314
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6 residential development can also be expected to reduce VMT and enhance the City’s overall fiscal and environmental sustainability.
Increased Potential for Service Commercial:
The Metro Plan proposes 300,000 square feet of new retail space and 700 new hotel rooms to be added to the TASP development scenario, resulting in about 1,500 new jobs.
The original TASP anticipated adding approximately 287,000 square feet of new space that would provide needed retail sales and services for the populations living, working and visiting the City generally and the TASP area specifically. 187,000 square feet of that space has been entitled and/or built, reflecting a demand for such services.
With the Metro Plan, some 300,000 square feet more of retail commercial and services space would be developable as part of new mixed-use developments. In addition, with the realization of new commercial/employment development, the possible addition of 700 new hotel rooms could be realized. New jobs would come as a result of such development.
Greater Provision of Public Infrastructure:
The Metro Plan will expand the BIP to include new infrastructure needs to serve all of the Plan area, and particularly to meet the needs of new development in the expanded areas.
The TASP initiated a Basic Infrastructure Program (BIP) that identified needed public improvements, such as new roads, utilities pedestrian/bicycle ways and parklands to serve the new residential development as well as businesses and visitors. Some improvements have been completed; others have partial funding or are slated to be constructed.
The new Metro developments, particularly those which will be located in the annexed Plan areas, will need additional infrastructure improvements to serve them and to better connect them to the overall Plan area, such as new roads, bridges, parklands and other services and amenities.
The parkland objectives of the TASP were not met in terms of land acreage, perhaps due in part to the abundance of lower townhouse density project utilizing substantial land area and lesser fee accumulations. The new parklands measures and policies would apply standards for multi-use facilities with less reliance on past acreage/population ratios, instead focusing on a quality of space approach to serve this more urban place in the City. New parkland facilities or improvements across the City might be funded by TADIF fees (see revenues section below) where findings can be made to show the benefit to Metro residents (e.g., large athletic fields, community facilities, etc.).
Enhanced Revenues to Support Public Infrastructure, Services and Amenities:
The Metro Plan anticipates a follow-up nexus fee study to have a thorough analysis of needed funding for the current and new public infrastructure, to occur after adoption of the Metro Plan.
The TASP recognized that development generally enhances the tax revenue stream to the City that provides funds for the infrastructure, services and amenities for all residents, employees and visitors.
It also recognized that funding needed to pay for the public improvements that more specifically benefit the Plan area projects should be paid by the projects developing in that area. To meet that objective, the City crafted the Transit Area Development Impact Fee (TADIF) to receive and 315
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7 allocated development fees to pay for infrastructure within the Plan area that specifically benefits that development.
A nexus fee study was prepared that aligned TASP area infrastructure funding needs with the benefits derived by each type of project to establish an array of fees that would be paid upon issuance of building permits (typically) as proportional payment for the needed infrastructure. There is an automatic annual increase in this fee structure, but an updated nexus fee study will follow Plan adoption that will reset cost/benefit assumptions and recognize new needed facilities and new development that could help pay for these.
In addition, a property tax increment for a Community Facilities District (CFD) was added to residential properties, in addition to regular property tax obligations, to help pay for maintenance of facilities, police and fire service personnel and other City service demands coming about as a result of the developments. This tax increment program has an automatic escalator to address increasing costs.
FINDINGS FOR APPROVAL (OR DENIAL)
In making a recommendation to the City Council regarding adoption of the Metro Plan, the Planning Commission should make findings to support its recommendations. A resolution proposing suitable findings in support of the Metro Plan adoption has been prepared and is attached to this document for the use of the Planning Commission.
Key findings in the resolution include, in brief terms, the following:
General Plan Consistency
The General Plan was updated and adopted in early 2021 and specifically deferred land use objectives and policies to the pending Milpitas Metro Specific Plan within the previous TASP boundaries. The prior General Plan had similarly recognized the TASP as the guiding land use document for the land area governed by that Plan. The 2021 General Plan also establishes an Innovation District Overlay. During the Planning process, the City chose to unify the Metro Plan area and the Innovation District, and to include select parcels along Main Street in the Metro Plan rather than the Midtown Plan. The plan continues to be in keeping with General Plan land use goals and implementation of the Innovation District policies.
The Metro Plan, as a subordinate land use plan, is consistent with the General Plan as it promotes corresponding big picture land use goals in its policies, including protecting existing single-family neighborhoods, promoting economic vitality and job growth, encouraging mixed-use development that includes new housing and optimizing land uses near and in support of transit.
Further, as a compact part of the City with a mix of uses, the Metro Plan is consistent with General Plan goals related to reducing vehicle trips and enhancing pedestrian and bicycle connectivity, promoting sustainability and conservation of resources, supporting public facilities and services and enhancing parks and open space resources.
The General Plan will be amended to include the updated boundaries of the Metro Plan area that include the Innovation District and parcels along Main Street following plan adoption.
316
Item # 8.
8 Zoning Ordinance Consistency
The Metro Plan relies upon the current Zoning Ordinance districts and stipulations but will also call for new zoning designations that alter existing regulations to allow for greater density and intensity of development, as well as to formulate different design allowances or restrictions more in keeping with the more urban form promoted by the Metro Plan.
Public Benefits
Development enabled by the Metro Plan is obligated to provide funding for or development of the public infrastructure, facilities and services needed to support living, working and visiting in the area. This avoids or minimizes the financial impact of new development on existing homes and businesses in the City. The Basic Infrastructure Program (BIP) and the Transit Area Development Impact Fee (TADIF) provide the mechanism to achieve this.
The costs of the development of new or upgraded roads, utilities, parks and other public benefits are covered by each new development on a proportional share basis.
Housing Needs and Complete Neighborhoods
The TASP has promoted the entitlement and construction of more than 95 percent of its goal of 7,109 new housing units. The Metro Plan contemplates an additional 7,000 new housing units where homes, jobs, services and transit all are within walkable distances of each other. This can improve the opportunities for affordability as well as generally providing needed housing in the City and the region. The mix of uses and the higher densities enabled by the Metro Plan, where such opportunities are limited elsewhere in the City, both help Milpitas achieve its housing objectives and create a more lively and active walkable neighborhood unique in the City.
Employment Needs
The Metro Plan proposes to allow up to 3 million square feet of office/employment space, including 500,00 square feet of industrial space, and 300,000 square feet of retail development, all as an addition to the commercial space permitted by the original TASP development scenario (993,843 square feet of new office and 287,075 square feet of new retail space).
The completion and opening of BART at the Milpitas Transit Center with its connection to the VTA Light Rail transit line, although its beneficial commuter effect has been compromised by the Covid pandemic, promises the success of the Metro area as an employment center. Recent economic development data indicates that just 12 percent of employed Milpitas residents work within the City; the development of more employment opportunities inside the City will offer more local employment for current and future Milpitas residents.
Infrastructure Development
New development within the TASP and Metro areas has and will be responsible for the development and construction of the infrastructure that both supports and benefits the TASP/Metro projects. This includes new and improved roads, pedestrian/bicycle connections, utilities and parklands. The new public infrastructure provides facilities and services not only for residents, workers and visitors within the Plan area, but also for the greater community.
City Revenue Needs
Development in the TASP/Metro area pays impact fees (TADIF fair share obligations) or may construct public infrastructure, such that this avoids or limits the use of General Fund resources to 317
Item # 8.
9 benefit this new development. In addition to funding the upfront costs of infrastructure, the residential development within the Plan area provides an annually levied tax increment funding source for maintenance and services (Community Facilities District – CFD 2008).
ENVIRONMENTAL REVIEW
The Milpitas City Council certified an Environmental Impact Report (SCH #2006032091) for the Transit Area Specific Plan in 2008 in accordance with the California Environmental Quality Act (CEQA). The certified Program EIR for the TASP analyzed environmental impacts of the proposed development and the TASP policies related to development.
The Subsequent EIR, also a Program EIR, prepared for the Metro Plan update analyzes of changes in the original plan (TASP) with respect to a new development scenario and updated or changed policies in document. These changes generally involve four key components: 1) geographic expansion of the Plan area; 2) changes in land use and zoning designations, 3) added residential and non-residential populations in the area, and 4) extension of the time horizon from 2030 to 2040.
An Initial Study was performed to determine what potential environmental impacts resulting from the Plan update found that 11 typically considered areas of study would have less than significant effects. Due to the proposed changes in this update, the following 9 subjects were fully analyzed in the SEIR: air quality, greenhouse gas emissions, land use and planning, noise, population and housing, public services and recreation, transportation, utilities and service systems and cumulative impacts. Plan policies address impacts identified in each of these categories and are applied to individual projects as they come forward.
Some impacts cannot be fully mitigated and require that Council adopt a Statement of Overriding Consideration demonstrating that the value of the Plan outweighs any remining adverse effect.
There are remining impacts that must be overridden in the areas of air quality, greenhouse gases and noise, including cumulative effects in each of these.
PUBLIC COMMENT/OUTREACH
City staff and the project consultant provided numerous public notice and outreach efforts over the course of the Plan preparation, including through notifications on the dedicated Metro website. of the application per City and State public notice requirements. A notice of this hearing was published in the Milpitas Post on October 29, 2022 and posted at City Hall and on the City's website at www.milpitas.gov. At the time of writing this report, no comments have been received regarding the proposed Metro Plan.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission:
1. Open the Public Hearing to receive comments;
2. Close the Public Hearing; and
3. Adopt Resolution No. 22-025 recommending that the City Council certify the Milpitas Metro Plan Subsequent Environmental Impact Report (SEIR) (SCH#:2006032091) and adopt the Milpitas Metro Specific Plan.
318
Item # 8.
10 ATTACHMENTS:
A: Resolution No. 22-025
B: Weblink to Draft Milpitas Metro Specific Plan
C: Weblinks to Draft Subsequent Environmental Impact Report (EIR):
1. FSEIR (Responses to Comments, Traffic Operations Report, Public Draft MMSP)
2. MMRP – Mitigation Monitoring and Reporting Program
3. Findings
319
Item # 8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Groups 1 Items; Provide Additional Clarification to Staff, If Any, on Group 2 Items (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; Matt Cano, Deputy City Manager, 408-586-3012)
Category: Leadership and Support Services
Meeting Date: 2/7/2023
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items
Background:
At City Council meetings, under the Announcements section, Members of the Council request items they would like the full Council to consider. These items are placed on a list for a future Council discussion and action. On January 19, 2021, at a Special City Council meeting, in order to streamline the process, Council provided direction to staff to bring forward individual Council agenda item requests to Council, for prioritization, on a quarterly basis.
On January 10, 2023, City Council approved a City Council Request Prioritization Policy which guides the prioritization process.
The last prioritization was held on September 6, 2022, the subsequent prioritization was deferred until February pending Policy adoption by Council. Since the beginning of this process, Council has reviewed 246 items. Links to prior prioritization reports and minutes are included under Attachments.
Analysis:
Staff is now bringing forward the next prioritization of items that were requested by Council between June 21, 2022 and January 10, 2023, including the status on items approved previously by Council.
As shown in Attachment 1, a total of 42 items, some of which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (5 items).
Group 2 – Items that have not been initiated but will require less than 4 hours of staff work (4 items).
Group 3 – Items that are currently underway and/or already included in workplan (20 items).
Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (13 items).
Prioritization Process
There are a total of 9 new items since June 21, 2022. Of these 9 items, 5 items are in Group 1 and 4 items are in Group 2
320
Item # 9.
Similar to the prior prioritization process, the new Group 1 agenda item requests are identified in Attachment 2. Since these requests have not yet been discussed in detail, staff has made an attempt to note alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a write-up which includes the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from members of the Council sponsoring the request; however, some items may still need additional clarification from the requesting Councilmembers. To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.
For the five Group 1 items, the total annual costs are estimated at $154,850. While there is no direct cost listed for the business outreach item, it is expected that this item will take approximately 20 hours of staff time divided amongst multiple staff members. Since staff is currently working on the development of the FY 2023-24 Proposed Budget and the 2024-2028 Proposed Capital Improvement Program, staff is also seeking direction from Council on whether any prioritized items that need additional funding and resources should be included in the development of the budget.
Since Group 2 items (see Attachment 1) require less than four hours of staff time, these can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on these items. For Group 3 items, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. The status of Items completed, postponed indefinitely or withdrawn prior to June 21, 2022, are presented as a separate attachment (Attachment 3).
Voting Process
In accordance with the adopted City Council Prioritization Policy and the number of Group 1 items, staff proposes that the Council prioritize no more than 2 items.
Round 1
Each member of the Council will be asked to prioritize their top four items from Group 1. Councilmembers will be provided hard copies to help them review and complete the preliminary prioritization and electronic voting will be conducted on mobile devices.
All items receiving three or more votes will move forward. If the number of items receiving three or more votes is two or greater, the prioritization process will be deemed complete. If the number of items is less than two, the remaining items will be prioritized as described in Round 2.
Round 2
In case items receiving three or more votes are less than two in number, Councilmembers will be asked to prioritize the remaining items so as to develop a top two list. Each member of the Council will be given the number of votes equivalent to two minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing one item, one additional item will require prioritization. Therefore, each Member of the Council will be asked to vote on one item. Any item receiving three or more votes will be added to the prioritized list. If the total number of items on the list is one or greater, the prioritization process will be deemed complete.
Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than two, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a round will be eliminated from the subsequent round of voting.
Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion scheduled for June 2023.
321
Item # 9.
Policy Alternative:
Not applicable
Fiscal Impact:
For five Group 1 items, the total annual costs are estimated to be $155,000. Based on Council direction, staff will consider prioritized items that require new funding as part of the FY 2023-2024 budget process.
California Environmental Quality Act:
This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed for various potential projects, any project scope and potential environmental analysis would be speculative to analyze at this time and future environmental analysis will be conducted for the various potential projects prior to the City making any commitment or approval of any project.
Recommendation:
1. Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced.
2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.
Attachments:
1. List of Councilmember Agenda Item Requests
2. Information on Group 1 items
3. List of Completed, Postponed Indefinitely, or Withdrawn Items
4. Links to Prior Prioritization Reports and Minutes
a. March 16, 2021 Agenda and Minutes
b. August 9, 2021 Agenda and Minutes
c. January 11, 2022 Agenda and Minutes
d. May 3, 2022 Agenda and Minutes
e. September 6, 2022 Agenda and Minutes
322
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 City Attorney or City Manager to draft a written policy regarding foreign language spoken at the dais
Chua 9/20/2022 Yes CAO/CMO February 2023 update: See attachment to this report for further detail.
Prior update: Item will be brought forward as part of the next City Council additional wo rkplan items prioritization in February
2 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 Yes Recreation and
Community Services
February 2023 update: See attachment to this report for further detail.
Prior update: Item will be brought for ward as part of the next City Council additional workplan items prioritization in February
3 City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city.
Chua 8/9/2022 Yes CMO/Economic
Development/Public
Works/Engineering
February 2023 update: See attachment to this report for further detail.
Prior update: Item w ill be brought forward as part of the next City Council additional workplan items prioritization in February
4 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 Yes Engineering/Recreation
and Community Services
February 2023 update: See attachment to this rep ort for further detail.
Prior update: Item will be brought forward as part of the next City Council additional workplan items prioritization in February
5 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and Adobe.
Montano 8/16/2022 Yes Engineering/Recreation
and Community Services
February 2023 update: See attachment to th is report for further detail.
Prior update: Item will be brought forward as part of the next City Council additional workplan items prioritization in February
None
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.
Ordinances and Policies
Projects and Programs
Miscellaneous
ATTACHMENT 1
323
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
6 Look into the impact of and how the City can
compensate for the massive number of layoffs in the
Bay Area. Staff consider how the City can help residents affected by layoffs, reach out to those affected and
show them city programs.
Chua 12/6/2022 Yes Finance/Economic
Development
February 2023 update: Staff, in partnership with NOVAworks, provided information about past and upcoming layoffs, wage and labor data as well as job and career resources available to Milpitas residents and businesses at the Economic Development and Trade Commission meeting on January 9, 2023. City staff is continuing to partner with NOVAworks by promoting their upcoming layoff assistance webinars to assist with career transition and unemployment services and resources. One webinar took place on January 24 and other webinars are scheduled to take place on February 7 and February 21.
7 Prepare a brief summary of previous Council action
related to Sunnyhills from the first renewal to present day
Barbadillo 12/20/2022 No Building Safety and
Housing
On December 19, 2022, the City sent a letter to HUD in support of the owner's 5‐year renewal of its HUD contract. And on December 29, 2022, an Info Memo was sent to the City Council with the latest update. 8 Schedule an additional ADU workshop Chua 9/6/2022 No Planning/Building Safety and Housing
February 2023 update: no change
Prior update: Similar to last year, staff will support any webinar hosted by a community partner.
9 Staff explore eliminating or waiving the fee for the gym at the Milpitas Senior Center
Chua 10/18/2022 No Recreation and
Community
Services/Finance
February 2023 update: no change
Prior update: 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.
Group 2 – items that have not been initiated but will require less than 4 hours of staff time 324
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
10 Amendment to the existing ordinance for third‐party
food delivery vendor services to prohibit regulatory
response fees
Phan 2/16/2021 Economic Development;
Finance
February 2023 update: See update to item titled "Request for the City to make the temporary third‐party food deliver fee caps permanent and add additional provisions for enforcement"
Prior updates: Agendized for discussion on 3/16/2021, deferred to 4/06/2021; CC direction for City Attorney to prepare a report. 11 Create a plan for future solar paneling at City facilities Montano 3/1/2022 Public Works February 2023 update: As discussed with the City Council at the 1/31/2023 Budget Study Sessio, staff will continue to explore grant opportunities to install additional solar panels on City facilities. However, staff will only proceed with further development if this grant funding is identified so work (other than reviewing grant opportunies) is on hold at this time.
Prior Updates: 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. Discussed at 1/31/2023 Budget Study Session, Council directed staff to seek grant funding to move this item forward.
12 Establish a fund for real estate acquisitions Montano 6/7/2022 Economic Development, Finance
February 2023 update: At the January 31, 2023 City Council budget hearing, staff was directed to update the City's Fiscal Policies to provide an option for a portion of future surplus funding to be reserved for real estate acquisiton. Staff will include this edit to the Fiscal Policies as part of the Proposed Fiscal Year 2023‐2024 Operating Budget.
13 Establish State historical designation for the Sunnyhills community
Tran 6/7/2022 Recreation, City Manager February 2023 update: Based on staff research, the best way to try for a Historical District Designation is at the National Level. This can be wrapped into the approved CIP for the Historical Resources Plan update or through grant consultant California Consulting.
Prior updates: Request will be included with the Historic Resources Master Plan project approved as part of the 2023‐2027 Capital Improvement Program.
14 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
February 2023 update: CAO conducting legal review of policies requring businesses to hire security/install cameras
Prior updates: Item will be brought forward as part of the next City Council Additional Staff Resources and
Funding Needed
15 Explore the policy for locking mechanisms on shopping carts for large commercial businesses
Tran 4/19/2022 Bldg. Safety & Housing,
Planning, Economic
Development
February 2023 update: MMC V‐13‐140 Mandatory Plan to Prevent Cart Removal includes requirement for physical measures to prevent cart removal however V‐13‐120 provides an exemption for cart owner that agrees to enter into a contract with a City‐designated retrieval service.
Staff suggestion to Council is to review this exemption and repeal it which would require all cart owners to have physical measures to prevent cart removal. Business outreach was conducted to grocery store operators in Q2 of 2022 to inquire about shopping cart removal and theft. Grocery stores contacted were Ocean Supermarket, Seafood City Supermarket, Chung Chou City, Milpitas Grocery Outlet, and 99 Ranch Market.
Prior updates: The current shopping cart ordinance Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September.
February 2023 update: no
additional staff resources and
funding needed
Prior updates: Additional Staff
Resources and Funding Needed .
Group 3 ‐ Items that are currently underway and/or already included in workplan 325
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
16 Evaluate reopening the childcare center with a non‐
profit organization running the center
Montano 2/1/2022 City Manager, Recreation February 2023 update: No additional funds required to complete the internal review. Internal review can be done by late 2023.
Prior updates: Approved during Spring Quarterly City Council Workplan Items Prioritization Discussionon 5/03/2022.
17 Funding to hire a consultant for the Sunnyhills Historical Designation on a state level
Tran 6/7/2022 February 2023 updates: No change
Prior updates: Request will be included with the Historic Resources Master Plan project approved as part of the 2023‐2027 Capital Improvement Program.
18 Have a picture of Albert Vogel Sr. put up in the Senior Center
Montano 10/19/2021 Recreation February 2023 update: No additional funding needed. Need final names from City Council.
Prior updates: Approved to move forward at the 1/11/2022 Council meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
19 Include a bust of Maria Lemire on the Mural in front of the Senior Center
Montano 8/17/2021 Recreation February 2023 update: Maria Lemery is to be included on the Senior Center Mural. It's not an actual "bust"
Prior update: Approved to move forward at the 1/11/2022 Council meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
20 Look into bringing back a roller rink Montano 8/5/2021 Recreation February 2023 update: Monies budgeted. Roller Rink bids coming back end of Feb/early March. Event schedule for August 4 & 5, 2023.
Prior updates: 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.
21 Look into opening up the Senior Center on Saturdays for half a day
Chua 8/5/2021 Recreation February 2023 update: Funding for Senior Center hours will be incorporated in the FY23‐24 budget.
Prior update: As presented by staff on 1/11/2022, this pilot is scheduled for completion in fall 2022. In preparation for the pilot, staff will issue a survey to seniors asking for the types of services they are seeking; hire staff based on the feedback; and start the three‐month pilot in September 2022 until mid November 2022.
22 Memorial Plaque in honor of youth skateboarder that
passed away
Montano 6/7/2022 Recreation, Public Works February 2023 update: At the January 31 2023 City Council budget hearing, City Council votes to consider this item in the FY 2023‐24 budget development.
Prior update: Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September .
Additional Staff Resources and
Funding Needed
23 Present Quarterly or Monthly crime statistics on the Homekey Project
Chua 6/7/2022 Housing February 2023 update: no change
Prior update: Presentation is scheduled for the August 16 City Council Meeting as part of the Project Homekey item. Quarterly reporting started in August 2022.
Group 3 ‐ Items that are currently underway and/or already included in workplan 326
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
24 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for Crossing
Guards
Montano 4/5/2022 Public Safety February 2023 update: Info Memos were sent to the City Council on 6/13/2022 and 1/27/2023. At the January 31st budget study session, council voted to move to a contract model.
Prior updates: A citywide traffic study, which includes school aged pedestrian counts around schools in the City including the McCandless and Montague Expressway intersection has been conducted. Per the Information Memorandum issued on June 13, the City will perform school aged pedestrian counts around schools in the City including the McCandless and Montague Expressway intersection at the beginning of the 2022‐23 school year and report the findings to the Transportation Subcommittee late fall.
25 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 Economic Development,
Finance, City Attorney
February 2023 update: Requires legal analysis of 1:21‐cv‐07695‐AT‐SLC DoorDash, Inc. v. City Of New York and
3:21‐cv‐05502‐EMC Doordash, Inc. et al v. City and County of San Francisco. Doordash v. NYC remains pending and may settle the law on the matter. CAO will prepare confidential memorandum for the council.
Prior updates: Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at the 5/03/2022 meeting
26 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 Public Works February 2023 update: no change Prior update: 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.
27 Staff to create a plan on how to increase the number of local businesses doing business with the City
Chua 4/6/2021 Economic Development February 2023 update: Staff is tracking this local business participation item as part of Council Priority Item 3 in Group 1 on this list.
Prior updates: At the 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. City Attorney to weigh in. 28 Staff to look into mural Art on Great Mall Parkway on the VTA owned Light rail pillars
Montano 11/16/2021 Recreation, Public Works February 2023 update: VTA is not responsive to requests from the City to meet on this project. A discussion on other locations or projects with Council may be needed.
Prior updates: 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 only one site.
29 Staff to provide information on a landmark policy for the City of Milpitas
Tran 3/16/2021 Engineering February 2023 update: This is part of the CIP for updating the Historic and Cultural Resources Plan.
Prior updates: 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.
Item was brought to Council
during the the 2023‐27 5‐Year
CIP adoption process, however
Council determined not to fund
or advance this task.
Group 3 ‐ Items that are currently underway and/or already included in workplan 327
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
30 Consider change in term limits for Mayor +
Councilmembers
Montano 6/16/2020 City Attorney, City
Manager
8/4/2020: Voted 3 ‐2 to pursue; 2/02/2021 to agendize for a future meeting; 3/16/2021 voted 3‐1‐1 to move forward. Scheduled for 3/15/2022; rescheduled for 4/05/2022; 4/05/2022 Council gave direction to move forward with Councilmember term limits and discuss the Mayoral seat at a later date; Discussed at the 5/10/2022 budget meeting and had a consensus not want to move foward with a ballot measure for the Mayor term limit; Councilmember term limits scheduled for June 7; on June 21, 2022, the Council approved Resolution No. 9178 submitting to the qualified voters of the City of Milpitas a measure amending the Mayoral and Councilmanic Term Limits at the November 8, 2022 General Elections.
The election results for Measure F showed a majority of the voters (12,786 YES; 3,465 NO) voted in favor of the measure.
31 Explore a lease for the vacant land adjacent to the
Library for City use
Tran 1/18/2022 City Manager, Economic
Development, City
Attorney
February 2023 update: At the January 31, 2023 City Council Budget Study Session staff was directed to drop this item from the priority list.
Prior Updates: Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at the 5/03/2022 meeting.
32 Local Boy Scouts Fee Waiver for Eagle Scout Ceremony Tran 6/7/2022 Recreation Fee waiver was approved on September 20, 2022 33 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a webinar
and campaign to help increase the number of donors
Chua 8/17/2021 Recreation Staff will include the stem cell donor information in regularly scheduled wellness event. Staff made contact with the group and were told that Seniors were not good Stem Cell donors but would bring information to share at the Fall Health Fair. The contact did not bring the information. 34 Prepare a report on ghost guns; engage in legislative advocacy regarding ghost guns; and incentivize ghost
gun buybacks at the May buyback event.
Dominguez
Tran
4/5/2022 Police An Information Memorandum was distributed on August 12, 2022. 35 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police February 2023 update: At the January 31, 2023 City Council budget hearing, the City Council supported staff's recommendation to drop this item from the priority list due to the expense of the study as well as the fact that many traffic safety initiatives and projects are already underway in the City of Milpitas.
36 Requested that the City have mini‐libraries in the low‐ income areas of the City.
Montano 4/20/2021 Planning 8/09/2021 Council voted 3‐1‐1 to move this item forward, staff to follow up with Vice Mayor Montano on specific vision. Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them. Guidelines and information regarding little free libraries have been posted on the City's website. 37 Requested the City Attorney’s office explore
encampment ordinances form the City of Oakland, Los
Angeles, or other regional cities and would like a
discussion on the existing policies to be brought back
before the July recess.
Tran 2/15/2022 City Attorney 4/19/2022 direct the City Attorney to make the recommended changes to the Municipal Code to remove and prohibit property in public. The ordinance was adopted by the City Council on September 20, 2022. The ordinance went into effect on October 20, 2022.
38 Requested the City create a youth scholarship fund for under privileged kids to play sports
Montano 5/17/2022 Recreation As part of the adoption of the FY 2022‐23 Budget, the City Council allocated $20,000 for this program. Staff will bring forward a policy framework for this program for Council approval in September 2022. This item was approved by the City Council on October 18, 2022. 39 Requested the City extend the outdoor dining options through March of next year
Phan 9/21/2021 Planning Zoning Ordinance with new standards and regulations for Outdoor Dining adopted by Council on 12/06/2022.
Group 4 – items that have been completed, postponed indefinitely, or withdrawn 328
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
40 Requested that staff study the placement of a City sign for the Milpitas Police Department and explore the cost of a new sign
Dominguez 1/18/2022 Public Works, Police February 2023 update: Lighted signage for the Police Department and Public Works and IT was installed and completed the week of January 24th 2023. Landscaping was completed in the Summer of 2022. This item is completed.
Prior update: 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 August.
41 Review City policy on speed bumps Tran 12/15/2020 Engineering Presented to Transportation Subcommittee on 02/12/2021; voted on 3/16/2021 to revisit this item; on April 8, 2022 the Transportation Subcommittee provided input on a draft policy. on October 12, Subcommittee recommended bringing a policy amendment for full council consideration. On Nov 1, 2022, city council approved revised speed hump policy.
42 Staff provide and explain the Project Homekey
Management Manual, see if the MOU is being followed
including forming an oversight committee, and explore
with County to have check‐ins of the units. Dominguez
indicated it could be included in Council Member Chua's recommendation. Mayor requested to include County
in discussion.
Dominguez 6/7/2022 Housing The item was presented to the City Council in August 2022.
Group 4 – items that have been completed, postponed indefinitely, or withdrawn 329
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
No. Topic
R
equested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 City Attorney or City Manager to draft a written policy regarding foreign language spoken at the dais
Chua 9/20/2022 Yes CAO/CMO February 2023 update: See attachment to this report for further detail.
Prior update: Item will be brought forward as part of the next City Council additional wo rkplan items prioritization in February
2 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 Yes Recreation and
Community Services
February 2023 update: See attachment to this report for further detail.
Prior update: Item will be brought for ward as part of the next City Council additional workplan items prioritization in February
3 City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city.
Chua 8/9/2022 Yes CMO/Economic
Development/Public
Works/Engineering
February 2023 update: See attachment to this report for further detail.
Prior update: Item w ill be brought forward as part of the next City Council additional workplan items prioritization in February
4 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 Yes Engineering/Recreation
and Community Services
February 2023 update: See attachment to this rep ort for further detail.
Prior update: Item will be brought forward as part of the next City Council additional workplan items prioritization in February
5 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and Adobe.
Montano 8/16/2022 Yes Engineering/Recreation
and Community Services
February 2023 update: See attachment to th is report for further detail.
Prior update: Item will be brought forward as part of the next City Council additional workplan items prioritization in February
None
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.
Ordinances and Policies
Projects and Programs
Miscellaneous
ATTACHMENT 2
330
Item # 9.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
ORDINANCES AND POLICIES
CC01
City Attorney or City Manager to draft
a written policy regarding foreign
language spoken at the dais
Vice Mayor Chua
Lead Department/Office Supporting Department(s)/Office(s) City Attorney/City Manager
Council Priority Areas Estimated Completion Date Estimated Cost Governance and Administration
Depending on staff resources in FY
2023‐2024
Approximately $81,000 in
annual costs if
simultaneous interpretation
services are provided
virtually at Council
meetings
Funding Needed
TBD
Description of Required Work Effort
According to Article III, Section 6 of the California Constitution, English is the official language of the State of California such that English should be the language used for the formal portions of any meeting. All business of the Council should be transacted in English.
Councilmembers who wish to translate brief comments or questions made in English from the dais into a language that assists limited English‐proficient speakers may do so, so long as the comment is first placed into the record in English, and the translation is a true and correct translation of the English comment. Councilmembers may address their constituents in any language they choose outside of a meeting in which the official business of the City is conducted.
In addition to using the official language of English, the City may provide access, services, and programs for limited English‐proficient speakers such as translation services for limited English‐ proficient speakers including in person, telephonic, or Zoom translation services. Limited English‐ proficient speakers must be allowed the same amount of time to speak as other speakers. The translation of a person’s comments cannot be counted toward his or her time limit.
Status Update as of February 2023
City Staff reached out to translation service companies to get an estimate of fees associated with live interpretation services (Chinese, Vietnamese and Spanish) during City Council meetings.
331
Item # 9.
City Council Referral
(requires more than 4 hours of staff time)
Council Clarification/Further Direction Requested
Since the California Constitution already outlines requirements for foreign languages spoken at the dais, staff is seeking Council direction as to whether the Council would still like staff to draft a City Council policy and if so, should it include the use of translation services for Council meetings, at a cost of approximately $81,000 a year. Costs will be higher if translation services are required to be provided on‐site.
Other Considerations
Simultaneous interpretation services in three languages (Chinese, Vietnamese, and Spanish) will cost approximately $80,850/yr. ($2,450 for one 5‐hour City Council meeting x 33 meetings). Minimum of two hours is required per language. Mileage expense for onsite request is not included in the estimate.
Total cost is based on two translators (per language) for meetings that go beyond three hours.
332
Item # 9.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
PROJECTS AND PROGRAMS
CC02
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
Vice Mayor Chua
Lead Department/Office Supporting Department(s)/Office(s) Recreation and Community
Services
CMO, Engineering, Building Safety and Housing
Council Priority Areas Estimated Completion Date Estimated Cost GOVERNANCE AND
ADMINISTRATION
Fall 2023 $24,000
Funding Needed
$24,000
Description of Required Work Effort
In July 2012, the Teen Center, located at the Milpitas Sports Center, closed due to budget cuts related to the recession and low usage. In November 2018, City Council re‐opened the Teen Center at the Milpitas Senior Center with programs and facilities available after school and evenings, and weekends for special events. During the pandemic, Teen support services and workshops were held virtually. In Fall 2021, following the pandemic, Teens began to return to in‐person activities.
The Teen Center is open weekdays from 4‐7pm, and later evenings and weekends for special events, trips and activities. Programming at the
Teen Center includes daily staff‐led activities, access to the Game Room pool and table tennis tables, Dance Studio for group dance practices, Fitness Room, quiet Homework Space, Holiday‐ Themed activities and events, Intergenerational classes and activities for Teens and Older Adults/Seniors, and life‐skills cooking classes and activities.
Special activities and events include Applying to College Workshops, Resume Workshops, Financial Workshops, Volunteer Workshops, Mid‐Term and Finals prep and study support nights, College Readiness Workshops, Substance Abuse and Prevention Workshops, and Fall Fiesta night.
Average participation varies between program but averages 70+ teen visit per week.
The Teen Center programs are also offered off‐site, including College Readiness and Substance Abuse and Preventions Workshops at Cal Hills High School. The Recreation and Community Services Teen staff also manage the Counselor‐In‐Training Summer program at the Milpitas Sports Center, Milpitas Youth Force (MYF), and LYFE Middle School afterschool program at Rancho and Russell Middle Schools.
After the closure of the Teen Center space at the Sports Center, the space became the Fitness Annex and is used for Sports Center Fitness classes, trainings and meetings, School break and Summer Camp programs, and 333
Item # 9.
City Council Referral
(requires more than 4 hours of staff time)
overflow for outdoor camp programs in extreme weather (i.e. heat, rain, smoke)
Two primary options are available moving forward:
1) Keep the Teen Center at the current location (same location as Senior Center) and increase place‐ making efforts in the center as well as continue targeted marketing to teens. 2) Research moving the Teen Center back the Annex of the Sports Center
Considerations for option 1 above include:
Furniture, fixtures and equipment purchases and upgrades. Signage and marketing material upgrades.
Potential minor capital improvements.
Considerations for option 2 above include:
Cancellation of programs offered in the Fitness Annex and associated revenue losses Program Equipment and furniture purchases
Potential capital improvements, including but not limited to providing enhanced ADA accessibility of the entrance of the Teen Center at the Sports Center Furniture, fixtures and equipment purchases and upgrades. Signage and marketing material upgrades.
Work on this City Council request would include the evaluation of the following for both alternatives: 1) Facility and site improvements, 2) program and service changes to the community, and 3) Surveying of Teens and preferred program and event location(s) and 4) revenue losses.
Costs are estimated to be approximately $24,000 for associated 80+ staff hours across multiple City Departments for further research on this effort.
Status Update as of February 2023
No work has been done on this item.
Council Clarification/Further Direction Requested
Other Considerations
Other facility options relevant to this City Council request and could be included as part of the review would be the Sal Cracolice Recreational Facility and a location on the Milpitas High School campus.
334
Item # 9.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
PROJECTS AND PROGRAMS
CC03
City Manager to look into
implementing a workshop for small
businesses on the bidding process for
projects in the city.
Vice Mayor Chua
Lead Department/Office Supporting Department(s)/Office(s) City Manager’s Office Economic Development Office/Engineering/Public Works Council Priority Areas Estimated Completion Date Estimated Cost Economic Development & Job
Growth
Spring 2023 TBD
Funding Needed
TBD
Description of Required Work Effort
Directly including our residents in project and service delivery in our City by allowing local and local/small businesses to bid on City procurements is critical to the long‐term success of our community. Multiple phases of work can be performed to ensure strong small and local business participation. The first part would be to gain an understanding of the local businesses that may be available to bid on city projects. Conversations with the Chamber of Commerce and other partners would be an important step in this effort. Additionally, providing the community with information on potential opportunities is critical. It is important for local and local small businesses to be aware of the opportunities that the City has for bidding and awareness of the resources that are already available to assist them in the process. The work effort involved for this could be for the City to host an annual “opportunity awareness” event. To provide local and small businesses with information on upcoming procurement opportunities as well as resources that are available to assist. These events could also provide businesses the opportunity to network with each other. This opportunity awareness event could be a collaboration between multiple City departments.
Status Update as of February 2023
Preliminary research on potential options for consideration is underway. Staff will host an opportunity awareness event this year. Information gathered from this event will help potential future programming and costs. This is expected to take about 20 hours of total staff time spread amongst multiple staff members.
Council Clarification/Further Direction Requested
Other Considerations
335
Item # 9.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
PROJECTS AND PROGRAMS
CC04
City Manager to look into underutilized
areas of parks or a portion of parks not
being used and develop for use in the
future.
Vice Mayor Chua
Lead Department/Office Supporting Department(s)/Office(s) Engineering Recreation and Community Services
Council Priority Areas Estimated Completion Date Estimated Cost GOVERNANCE AND ADMINISTRATION
Completed and adopted in November
2021 by City Council as part of the Parks
and Recreation Master Plan.
TBD
Funding Needed
TBD
Description of Required Work Effort
Identifying underutilized areas of City parks and identifying alternative park uses was part of the scope of the Parks and Recreation Master Plan Update, Project No. 5115. The Master Plan evaluated the existing parks, facilities, and recreation programming, and identified a planning blueprint to improve, protect, and expand the City’s network of parks, facilities, and recreational services for the future. The Master Plan was completed in 2021 and includes recommended improvements and uses for City parks. Specific recommendations for park improvements, including images and cost estimates, begin on Page 62 of the master plan at the following web link:
https://www.milpitas.gov/_pdfs/Cmcommunications/Website/MasterPlans/ParksandRecUpdate/ParksRecVOL1Ch apters1‐6_2021.pdf
Status Update as of February 2023
Parks and Recreation Master Plan Update was completed in 2021. No additional work related to this referral has been done.
Council Clarification/Further Direction Requested
Is this Council request for a different scope in addition to the work done in the Master Plan?
Other Considerations
336
Item # 9.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
PROJECTS AND PROGRAMS
CC05
Discuss converting vacant lot that was a
basketball court into a community garden
at Vasona and Adobe.
Mayor Montano
Lead Department/Office Supporting Department(s)/Office(s) Engineering Recreation and Community Services
Council Priority Areas Estimated Completion Date Estimated Cost COMMUNITY WELLNESS AND
OPEN SPACE
TBD $50,000 is needed to
conduct a feasibility study
Funding Needed
$50,000
Description of Required Work Effort
The “vacant lot” on Adobe Avenue is a dead‐end public street that has been closed to vehicle access.
There is currently no programmed use for this space located in public right‐of‐way.
In order to consider this site for a community garden, a feasibility study is needed to determine community support, needed improvements and associated costs to construct a proposed garden.
The feasibility study would include the following:
Community outreach and survey
Site plan and improvements: planters, wash station, enclosed storage, restroom, fencing, and etc.
Utilities connections: potable water, recycle water, and sanity ADA access and parking supply/impact
The community garden feasibility study cost is estimated at $50k.
Status Update as of February 2023
Not started. A community garden feasibility project needs to be funded to proceed.
Council Clarification/Further Direction Requested
Other Considerations
337
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
1 Add Green Bike Lanes Tran, Montano 9/17/2019 N/A Engineering Included in CIP 2 Adopt Resolution similar to County's re: xenophobia, discrimination Dominguez 4/21/2020 N/A CMO, CAO Added to the consent calendar and adopted Resolution on 5/5/2020 3 Agendize a Flag Raising for India Independence Day Tran 6/14/2022 Recreation Item added to 6/21/2022 Consent Calendar 4 Agendize an update to the Lobbyist Ordinance for the next meeting Chua 3/1/2022 City Attorney Discussed at 3/15 City Council Meeting; At the 3/15/2022 Council Meeting, City Attorney was directed to bring back a proposed ordinance amendment for further discussion; Council approved the ordinance on 6/7/2022
5 Amend Accessory Dwelling Units (ADU) ordinance to address unpermitted ADUs Chua 1/5/2021 Yes Building Safety & Housing,
Planning
Safe ADU Legalization Program is launched on 3/24/2022, utilizing ARPA funding. No Ordinance amendment is necessary.
6 Amend Ordinance to remove affordable housing in-lieu fee Chua 12/15/2020 Yes Building Safety & Housing,
CAO Amended Affordable Housing Ordinance adopted on 2/1/2022. 7 Below Market Rate (BMR) units - process for selecting applicants Chua 10/19/2021 Yes Building Safety and
Housing, CAO Info Memo sent to Council on 1/14/2022 and 3/17/2022. 8 BMR Homes sub-lease option during COVID-19 Chua 1/19/2021 No CAO, Building &
H
ousing Info Memo sent on 4/26/2021
9 Bring back a conversation in the budget meeting to fund “walking beats” in the commercial and high crime areas Dominguez 4/5/2022 Police
At the 4/5/2022 City Council meeting, this item was discussed and there was direction from Councilmember Dominguez to work with the City Manager to find funding sources 10 Bring back update report & discuss status of playing fields for girls' softball in Milpitas Dominguez 10/20/2020 N/A CMO, Recreation Discussed on 02/11/2021, amended JUA for Russell approved on 6/15/2021 11 Celebrate Mexican Independence Day annually on September 16 Montano 6/2/2020 N/A Recreation Approved on consent 8/18/2020 12 City to highlight mental health resources on the website Dominguez 8/17/2021 Recreation Staff will issue an email this week (week of 7/25) 13 Community Theatre, perhaps with MUSD Nuñez, Phan 8/20/2019 N/A Recreation, CMO Discussed @ CIP Study Session on 4/14/2020; councilmembers asked outdoor amphitheater to be placed into the tail end of 5 year CIP 14 Community Workforce Agreement (PLA) Phan 2/18/2020 Yes
CMO, CAO,
Eng
ineering
Council voted to remove this item from the list on 2/02/2021 per CM Phan's r
equest
15 Consider "Old Town" Main St. revitalization, funding, economic dev., improve area Montano 12/15/2020 Yes CMO, Planning,
Engineering, Finance
Council provided direction to move forward with revitalization efforts on May 11, 2021.
Staff is working on various items related to revitalization and have provided subsequent updates to the Council in October and to the Main Street Revitalization Subcommittee in September and November.
16 Consider adding state certification NEC for electrical work done in the City (safety) Dominguez 6/30/2020 N/A Building & Housing Not needed, staff is certified 17 Consider change in Commission structure, on term limits Tran 12/15/2020 N/A Recreation, CMO Completed on 1/19/2021 18 Consider change in term limits for Mayor + Councilmembers Montano 6/16/2020 City Attorney, City
Manager
8/4/2020: Voted 3 -2 to pursue; 2/02/2021 to agendize for a future meeting; 3/16/2021 voted 3-1-1 to move forward. Scheduled for 3/15/2022; rescheduled for 4/05/2022; 4/05/2022 could gave direction to move forward with Councilmember term limits and discuss the Mayoral seat at a later date; Discussed at the 5/10/2022 budget meeting and had a consensus not want to move foward with a ballot measure for the Mayor term limit; Councilmember term limits scheduled for June 7; Scheduled for June 21 meeting
19 Consider Community Museum and Park on Main St. Phan 8/20/2019 N/A CMO To be considered as part of Specific Plan process 20 Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas but the events are specific to Milpitas residents Chua 3/15/2022 Recreation Council approved the policy revision at the June 21 2022 City Council meeting. 21 Consider funding to implement and create a homelessness encampment response team to be dispatched to encampment sites to address concerns, talked about creating a position to provide mental health assistance, and would like this to be brought back for discussion at the budget meeting Dominguez 3/15/2022
City Manager, Public Safety,
Recreation, Public Works
Direction from Council to bring forward as part of FY 22-23 budget discussion; at the May 10 Budget Study Session Council did not direct to do any further work on this item. 22 Consider naming "Milpitas Hills" Dominguez 10/20/2020 Yes Econ. Dev.
Deferred indefinitely on 2/02/2021; did not receive a majority vote from 2/02/2021 council meeting
23 Consider rescinding direction given on 1355 California Circle project and allow the project application to move forward without being tied to a specific plan (Original request was for item to be placed on November 2 agenda) Chua 10/19/2021 Planning, CAO Staff is working with the developer on options to move the project forward. 24 Consider satellite consular offices (post Covid) Montano 6/2/2020 Yes CMO Deferred indefinitely per VM Montano's request on 2/02/2021 council meeting 25 Create an “Incentive Corner,” which will be a sub-page with links to different freebies, grants, and incentives from the City and the regions, including the Water District and Silicon Valley Clean Energy Chua 8/17/2021 No
Information Technology,
Public Works "Incentive Corner" webpage is live on the City's website. Banner posted on 3/28/2022. 26 Designate the California Oak Tree as the City’s official heritage tree Montano 2/1/2022 Recreation Council approved at the 6/7/2022 meeting. 27 Discuss a "safety first" or other event in lieu of National Night Out (per CAC) Phan 10/20/2020 Yes Building & Housing, Police Remove from the list per CM Phan's request on 2/02/2021 council meeting 28 Discuss budget reductions in next FY with input from residents, employees Nuñez 10/6/2020 N/A Finance, CMO On 10/20/2020, to 11/10, 11/17 29 Discuss having 4th of July parade Nuñez 2/18/2020 N/A Recreation No longer under discussion Group 4 – items that have been completed, deferred, or withdrawn ATTACHMENT 3
338
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
Group 4 – items that have been completed, deferred, or withdrawn 30 Discuss potential litigation - re: govts' action on Jamboree-Project Homekey Tran 10/6/2020 N/A Building & Housing, CMO,
CAO Multiple Closed Sessions - Oct. 2020
31 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low- income residence for necessary safety renovations Tran 5/4/2021 Building Safety & Housing,
Planning
8/09/2021 Council voted 5-0 to move this item forward and modify the existing Milpitas Assistance Program to include seniors; MAP continues to be available for low income seniors and sufficient funding was budgeted for FY 2022-23.
32 Discussion of campaign finance reform and/or Open Government Ordinance Phan 6/30/2020 N/A City Clerk, CAO Withdrawn @ 8/4/2020 CC meeting 33 Discussion of Minute Man as City's image, when City branding comes back Phan 8/18/2020 N/A CMO Staff and consultant presented the item on 5/4/2021, due to the late hour it was deferred to a future meeting. Council provided input that the Minute Man discussion will not be pursued further.
34 Discussion on possible tax measures Tran, Phan 4/21/2020 N/A Finance Done on 5/15/2020 35 Discussion to reduce the City’s Senior Center facilities deposit Montano 5/4/2021 Recreation, Finance 8/09/2021 Council voted 5-0 to refer this item as part of the development of the FY 2022-23 Master Fee Schedule; Council approved the item on 4/19 as part of the adoption of the Master Fee Schedule
36 Discussion/staff report on Beautify Milpitas, graffiti abatement, resources Montano 6/30/2020 Yes CMO, PW City Council approved the Beautify Milpitas program on June 1, 2021 37 Donate old, obsolete, noncompliance items from the Fire Department to Sister City Dagupan Philippines Chua 8/9/2021 Yes Fire, CAO, Finance Council approved the resolution for donations of personal protective equipment on March 1, 2022 and staff implemented the program by the end of March. 38 Economic Development Corporation (EDC) Montano
12/15/2020,
01/05/2021,
01/19/2021,
01/26/2021 Yes CMO, Econ. Dev. Deferred on 4/20/2021
39 Emergency item for next agenda: extend tenant eviction protections Dominguez 6/16/2020 N/A Building & Housing, CAO Withdrawn, covered by other govt 40 Emergency request to cap rents on small businesses (tenants) in Milpitas Dominguez 10/6/2020 N/A Econ. Dev., CAO On 12/01/20. Not supported 41 Establish "ADU Mondays" Chua 1/5/2021 No
Building & Housing,
Planning Launched in March 2021
42 Establish a Day Worker Program Montano 6/16/2020 Yes CMO Mayor & Vice Mayor to brainstorm in future; Council voted to remove this item from the list on 2/02/2021 per VM Montano's request
43 Establish Milpitas coronavirus testing site Phan 4/7/2020 N/A FCMO, Fire, CAO Completed 44 Expedite process for Measure F Oversight Committee Chua 12/15/2020 N/A Finance Staff explained planned process, appts. were approved by Council in March 2021 45 Explore a lease for the vacant land adjacent to the Library for City use Tran 1/18/2022 City Manager, Economic
Development, City
Attorney
February 2023 update: At the January 31, 2023 City Council Budget Study Session staff was directed to drop this item from the priority list.
Prior Updates: Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at the 5/03/2022 meeting. 46 Explore increasing the Conferences/Meetings/Memberships allowance for each Councilmember to $10,000 Chua 5/17/2022 City Manager
On 6/07/22, City Council did not approve increasing the allowance as part of the adoption of the FY 2022-23 Budget; however, Council provided direction to review funding need as part of the FY 2022-23 mid-year budget review.
47 Extend the outdoor dining options through March of next year Phan 9/21/2021 No Planning Planning Director to provide information on current outdoor dining extension 48 Fee waiver for the Chamber of Commerce for either the Oktoberfest or Arts and wine Festival Montano 3/1/2022 Yes Recreation
Staff reached out to the Chamber of Commerce. The Chamber may seek a fee waiver next fiscal year.
49 Fee waiver for the Christian Worship Center's Easter Egg Hunt event Tran 3/1/2022 Recreation The City Council approved a fee waiver for this event on April 5, 2022. 50 Fee waiver for the Filipino American South Bay Community to hold pop-up resource fair at a City Park Dominguez 3/1/2022 Recreation
Staff engaged organizers of the event; event was held on June 19; organizers did not request a fee waiver.
51 Fee waiver for the Kiwanis Annual Crab Feed event Tran 3/1/2022 Recreation Approved at the 3/15/2022 Council Meeting 52 Form "Beautify Milpitas" subcommittee - for a future Task Force or Commission Chua 12/15/2020 Yes CMO, PW Council approved the Beautify Milpitas program on June 1, 2021. No subcommittee to be formed.
53 Form a Historical Commission Montano 6/2/2020 N/A Recreation, CMO Already part of PRCRC. Commission discussed on 01-05- 2021, no change 54 Form a Homelessness Task Force Tran 12/15/2020 N/A CMO Approved by Council on 1/5/21 55 Guide small businesses on ADA (Americans with Disabilities Act) requirements due to the quick changes made to facilities during the pandemic Chua 8/5/2021 No Economic Development SVEDA/SV Joint Venture hosted the “SV Small Businesses & ADA Compliance” webinar on 11/3/21. Several Milpitas business reps, & staff from Econ. Dev. & Building participated. Staff met with reps from CA Comm. on Disability Access to discuss business education & outreach.
56 Host a Townhall at City Hall in January, February, and March for the community to share comments about the issue of the unhoused
Tran 11/2/2021 Yes
CMO, CAO, Police, Public
Works
Deferred by Mayor Tran because of public health status
57 Illegal dumping Phan 10/5/2021 Yes Public Works Info Memo sent to Council on 2/25/2022 58 Incorporate a Press Release Policy (if there is an existing policy) in the City Council Handbook Tran 8/17/2021 Yes CMO, CAO The City Council Handbook was adopted at the Jan. 11, 2022 City Council meeting. 339
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
Group 4 – items that have been completed, deferred, or withdrawn 59 Increase number of commission members from seven to nine on the Parks, Recreation and Cultural Resources Commission Montano 10/5/2021 Yes CMO, Recreation, City
Clerk Council approved Bylaw changes at the April 19 Council meeting 60 Increase the City's rebate program to match
Valley Water's two dollars rebate increase and look into expanding the "Lawn Buster" program to more residents based on income Chua 6/15/2021 Yes Public Works On October 19, 2021, the Council approved a contract amendment with the Santa Clara Valley Water District (District) to match the District's rebate amount and to authorize the City to manage the "Lawn Buster" program with "Our City Forest" on behalf of the District. On December 14, 2021, Council approved a contract with "Our City Forest." 61 Increase the number of local businesses doing business with the City Chua 4/6/2021 Yes CMO, Economic
Development, Finance
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. 62 Info. on new SB 50 (housing, transit bill) Phan 1/7/2020 N/A Building & Housing Sent memo to City Council 63 Job fair with 20 local businesses to be held soon and an additional one in the fall with the Chamber taking a larger role and the City providing some support Chua 6/1/2021 Yes Economic Development
64 Letter from City Council opposing AB 2181 (Berman) regarding VTA's Board Composition Tran 6/7/2022 City Manager Per the email sent to Council on 6/17/2022, consistent with the Council approved Legislative Advocacy Policy, Mayor Tran signed a letter opposing the legislation unless amended. 65 List of city charges/costs that could be waived for small businesses Dominguez 6/16/2020 N/A Finance, Econ. Dev. 6/30/2020 info memo 66 Local Boy Scouts Fee Waiver for Eagle Scout Ceremony Tran 6/7/2022 Recreation Fee waiver was approved on September 20, 2022. 67 Look into allowing outdoor music and would like the ordinance brought back to Council. Montano 8/5/2021 Planning Second reading of draft Zoning Ordinance Text Amendment scheduled for 08/16/2022 68 Look into how the City can be a resource for small businesses to help guide them on what to do in terms of ADA (Americans with Disabilities Act) requirements due to the quick changes made to facilities during the pandemic Chua 8/5/2021 Economic Development SVEDA/SV Joint Venture hosted the “SV Small Businesses & ADA Compliance” webinar on 11/3/21. Several Milpitas business reps, & staff from Econ. Dev. & Building participated. Staff met with reps from CA Comm. on Disability Access to discuss business education & outreach. 69 Look into reducing rates for the seniors and low-income families for Sports Center activities Montano 2/1/2022 Yes Recreation, Finance
The FY2021-22 Adopted Fee Schedule includes discounted membership and fitness passes for Seniors; low-income families can apply for membership and fitness pass discounts through the Milpitas Assistance Program
70 Maintain Dagupan, P.I. as a Sister City Tran, Montano 9/17/2019 N/A CMO Approved the renewed MOU continuing the Sister City relationship on 12/17/2019 71 Mayor shall recommend a Milpitas resident to serve on VTA Bike Committee Dominguez 11/17/2020 N/A Engineering 12/15/20: resident Kristal Caidoy appointed to VTA BPAC 72 Memorialize those that have passed due to COVID-19 in Milpitas Dominguez 3/2/2021 Yes CMO, Recreation At 8/9/2021, Council provided input that COVID-19 had not yet passed and that the discussion about a memorial should be had at a future time. 73 Mini-libraries in the low-income areas of the City Montano 4/20/2021 Yes Planning Discussed on 8/9/2021, staff to follow up with Vice Mayor Montano on specific vision.
Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them. 74 No on possible ban on vaping, yes on restricting smoking in multi-unit bldgs Montano 1/7/2020 Yes Planning, Recreation, CAO Ordinance for multi-unit buildings adopted on 6/15/2021 75 Opportunity to share ideas for US census & on City "sponsored" events Dominguez 9/1/2020 N/A CMO 12/01: remove census topic, move events to CC retreat 2021; at 1/12 retreat Council direction to cease
76 Ordinance to ban vaping in the City Montano 12/15/2020 Planning Study session with Council held 6/21/2022. Tobacco Retail Permitting program, including ban on vaping products and flavored tobacco, will be brought forward in Spring 2023 77 Outreach to notify the community of the trash voucher program Chua 9/7/2021 No Public Works Staff provided an Information Memorandum regarding the pilot program on April 6, 2022.
78 Parade for MHS Trojans Football Tran, City Manager 1/21/2020 N/A Council Completed 1/28/2020 79 Partner with the Rotary Club of Silicon Andhra to promote the stem cell donor outreach with a webinar and campaign to help increase the number of donors Chua 8/17/2021 Recreation Staff will include the stem cell donor information in regularly scheduled wellness event 80 Performance Evaluation (Contract) of City Attorney Tran 1/5/2021 N/A Council, CAO Multiple Council closed session discussions held. Council voted to move to a full time in- house City Attorney on 6/21, additional direction on next steps to be provided to staff in August.
81 PG&E power outage plan presentation to Council Tran 1/19/2021 No CMO Presented to Council on 3/16/2021 82 Plan to put utility fines into a fund to help small businesses in the City Montano 12/15/2020 N/A Finance Directed staff on 2/02/2021 to approve policy recommendations temporarily suspending penalties for delinquent fire permit fees, and delay or waive business lic. tax collections but no direction to create a separate fund. On 2/16/2021 Council approved waiving business license penalty between Jan 1 - May 31, 2021. Also, the utility late fee and water shut off have been suspended consistent with State Emergency Order (through Sept 31, 2021). Also, Council allocated ARPA funds to assist small businesses. 83 Policy for Proclamations and Commendations Nuñez, Phan 8/20/2019 N/A CMO Withdrawn 6/2/2020 340
Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
Group 4 – items that have been completed, deferred, or withdrawn 84 Policy for Social Media Nuñez, Phan 8/20/2019 N/A CMO, CAO Withdrawn 6/2/2020; policy already approved by Council 85 Pollination protection Dominguez 1/5/2021 Yes CMO Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 council meeting 86 Postponement (not waiver) of penalties related to City business fees Tran 1/5/2021 N/A Finance On 2/16/2021 Council approved waiving penalties until May 31. The suspension of penalties is now no longer in effect.
87 Prepare a report on ghost guns; engage in legislative advocacy regarding ghost guns; and incentivize ghost gun buybacks at the May buyback event.
Dominguez
Tran 4/5/2022 Police An Information Memorandum was distributed on August 12, 2022. 88 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police February 2023 update: At the January 31, 2023 City Council budget hearing, the City Council supported staff's recommendation to drop this item from the priority list due to the expense of the study as well as the fact that many traffic safety initiatives and projects are already underway in the City of Milpitas.
89 Proclaim Saturday, March 19, 2022 as Chez the Ice Cream Man Appreciation Day Tran 3/1/2022 No City Clerk Proclaimed at the 3/15/2022 Council Meeting 90 Proclamation and support for face coverings Montano 4/7/2020 N/A CMO, CAO 4/21/2020. CC directed City Manager to issue regs 91 Propose building height limits in area east of Milpitas Blvd. Tran 12/15/2020 Yes Planning Deferred for one year from 2/02/2021 Council meeting 92 Provide Commissioners appreciation gifts Chua 10/19/2021 Yes CMO, Finance Staff placed the order of fleece jackets the week of March 14th. Depending on the stock, the appreciation gifts will be distributed during the first two weeks in April 2022. 93 Read "Code of Conduct" aloud prior to each City Council meeting Montano 6/2/2020 N/A CAO Approved 8/18/2020. City Attorney began this practice 9/01/20 94 Reduce the City’s Senior Center facilities deposit for the Auditorium/Community Room Montano 5/4/2021 Yes Recreation, Finance Council approved the reduction of the facilities deposit as part of the adoption of the FY 2022-23 Master Fee Schedule Resolution. Will be brought forward on 4/19 as part of Master Fee Schedule discussion.
95 Reduce the park rental fees for the Samuel Ayer High School reunion Montano 2/1/2022 No Recreation Approved at 3/15/2022 Council meeting. Info Memo on City Council Policy on Fee Waivers & Reductions was sent out on 3/8/2022
96 Rename Augustine Park to include "Sunnyhills" Tran, Montano 9/17/2019 N/A Recreation Approved on 2/4/2020 97 Rename portion of Dixon Landing Rd., as Barack Obama Boulevard Nuñez, Phan 8/20/2019 N/A Planning, CMO Deferred indefinitely 98 Report from staff on 2nd federal stimulus package - action plan on funds Chua 12/15/2020 N/A CMO, Finance Info Memo sent to Council on 12/23/2020 99 Report on parking in The Pines Nuñez 1/7/2020 N/A Engineering 2/18/2020 100 Report on speed cameras like Fremont (radar displays) - no enforcement Phan 1/7/2020 N/A Police 1/28/2020, 3/24/2020, 4/14/2020 101 Request for Dumpster Days Tran 1/7/2020 N/A PW Program initiated in Spring 2021 102
Requested a meeting for the subcommittee for the Old Town Main Street be scheduled next month
Montano 1/18/2022 No CMO The Subcommittee meeting was hed on April 12 at 4:30pm. 103
Requested an agenda item on November 2 Council meeting allowing the Council to rescind direction given to 1355 California Circle and include direction to allow the project application to move forward without being tied to a specific plan Chua 10/19/2021 Planning At the 1/18/2022 council meeting, Council voted 4-1 to rescind the direction and direct staff and the application to explore option one in the presentation to amend the General Plan and remove Council policy for the preparation of a Specific Plan 104
Requested discussion and for staff to look at creating a pilot project to accommodate pickleball at Peter Gill Park and would like a feasibility study with a goal of making these courts multi-purpose Chua
11/16/2021
1/18/2022
Yes
CMO, Recreation,
Engineering, Public Works City Council approved the pilot on 3/15/2022 105
Requested staff work with the Vice Mayor and Mayor to explore and discuss building height limits near the hillside by January 2022 Tran 9/21/2021 Planning Second reading of draft Zoning Ordinance scheduled for 08/16/2022 106
Requested that staff study the placement of a City sign for the Milpitas Police Department and explore the cost of a new sign Dominguez 1/18/2022 Public Works, Police February 2023 update: Lighted signage for the Police Department and Public Works and IT was installed and completed the week of January 24th 2023. Landscaping was completed in the Summer of 2022. This item is completed.
Prior update: 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 August.
107 Requested that the City have mini-libraries in the low-income areas of the City. Montano 4/20/2021 Planning 8/09/2021 Council voted 3-1-1 to move this item forward, staff to follow up with Vice Mayor Montano on specific vision. Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them.
108
Requested the City Attorney’s office explore encampment ordinances form the City of Oakland, Los Angeles, or other regional cities and would like a discussion on the existing policies to be brought back before the July recess. Tran 2/15/2022 City Attorney 4/19/2022 direct the City Attorney to make the recommended changes to the Municipal Code to remove and prohibit property in public; the City Attorney will bring forward an ordinance in September 2022.
109
Requested the City create a youth scholarship fund for under privileged kids to play sports Montano 5/17/2022 Recreation
As part of the adoption of the FY 2022-23 Budget, the City Council allocated $20,000 for this program. Staff will bring forward a policy framework for this program for Council approval in September 2022.
110 Requested the City extend the outdoor dining options through March of next year Phan 9/21/2021 Planning Emergency Outdoor Dining program extended. Draft zoning ordinane with standards for permanent outdoor dining prepared and now under review. Planning expects bring forward draft ordinance for PC and Council consideration before the end of 2022. 341 Item # 9.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
FEBRUARY 7, 2023
Group 4 – items that have been completed, deferred, or withdrawn 111 Require implicit bias training for City Council, Commissioners & staff Dominguez 6/16/2020 N/A Human Resources This item has been completed. The training was held on January 7, 2022 (for City Council) and various dates for staff. Training information was also sent to all Commissioners.
112 Resolution in support of elimination of discrimination v. women Dominguez 1/7/2020 N/A CMO, CAO 5/19/2020 Reso. Adopted 8/04/2020 Ord. adopted 113 Resolution on financial status of the City, steps to be taken Nuñez 8/18/2020 N/A Finance Resolution adopted 9/01/2020 114 Responsible Construction Ordinance Phan 2/4/2020 N/A CAO, Building & Housing Ordinance adopted on 02/02/2021 115 Review City policy on speed bumps Tran 12/15/2020 Engineering Presented to Transportation Subcommittee on 02/12/2021; voted on 3/16/2021 to revisit this item; on April 8, 2022 the Transportation Subcommittee provided input on a draft policy, which is scheduled to be reviewed by the Subcommittee at its September 2022 meeting.
116 Revise Community Garden Strategy Dominguez 1/5/2021 Yes Recreation Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 117 Revisit CC Housing Subcommittee, consider dismantling ; bring items to Council Dominguez 11/10/2020 N/A Building & Housing, CMO 12/01/20: Did not vote to eliminate Subcommittee 118 Revisit contract provisions of executive staff (CM + CA) best working environment Phan 11/10/2020 N/A Council, CMO, CAO Discussed @ Closed Session 11/17/2020 119 Schedule and host a "Milpitas Business Expo" in late 2021 Chua 12/15/2020 Yes Econ. Dev. Did not receive a majority vote from 2/02/2021 council meeting 120
Science, Technology, and Innovation Commission agendize and explore a comprehensive internet connectivity plan. Tran 5/3/2022 Information Technology Item was discussed at June STI Commission meeting 121
Staff provide and explain the Project Homekey Management Manual, see if the MOU is being followed including forming an oversight committee, and explore with County to have check-ins of the units. Dominguez indicated it could be included in Council Member Chua's recommendation. Mayor requested to include County in discussion. Dominguez 6/7/2022 Housing Item will be agendized for August 16 City Council meeting 122 Staff to look into creating “Welcome to Milpitas” signs in key areas of in the City Montano 4/6/2021 8/09/2021 Council voted 5-0 to move this item forward and Council provided direction that the signs should align with the efforts currently underway with the Metro Plan and Main Street Gateway Specific Plan process and work with private development. Staff was directed to work with Vice Mayor on additional clarification. In November, Vice Mayor Montano noted a preference for a location on South Main Street. This project will be added to unfunded project list of the 2023-2027 CIP to allow time for staff to research potential grant funding and outreach to local business and service clubs.
123 Staff to look into creating a rose garden with a children’s memorial site Montano 4/6/2021 Engineering, Recreation 8/09/2021 Council voted 4-1 to discuss details with Vice Mayor Montano and refer this item as part of the development of the 2023-2027 CIP; The funding for this project will be included in the 2023-2027 Capital Improvement Program scheduled for adoption on May 3, 2022.
Discussed at the May 3 meeting funding was reallocated to the Softball Field project 124
Staff to provide information to place a measure on the ballot to change the directly elected Mayor to a rotational at-large position Tran 3/16/2021 City Attorney To be brought forward in Spring of 2022, once new City Attorney is in place; scheduled for 3/15/2022; rescheduled for 4/05/2022; discussed at the May 10 budget meeting and had a consensus that they did not want to move forward with a Mayoral ballot measure 125 Street/traffic calming update Nuñez 1/7/2020 N/A Engineering Completed 3/3/2020 126 Support community distribution of masks Dominguez 4/7/2020 N/A CMO, Fire, Recreation Councilmembers supported at the 4/21/2020 Special Council meeting 127 Support for Laura's Law Phan 2/4/2020 N/A CMO, CAO Supported @ 5/19/2020 council meeting 128 Update "My Milpitas" App for COVID- 19 information Phan 1/5/2021 N/A PW, IT Updated App to provide links 129 Update on planning grant for ADU marketing. Chua 1/5/2021 No Planning Presented to Council on 4/06/2021 130 Update on trash problems in homeless camps Chua 1/19/2021 No PW Info Memo sent 1/24/2021 131 Vaccine distribution plan - add testing locations and expedite mass vaccine distribution Phan 1/19/2021 Yes CMO, Fire COVID-19 mobile testing transition to vaccine distribution info memo was sent on 1/22/2021; SCC and MFD launched mobile vaccination on 4/5/2021, in-home vaccination program started on 4/15/2021
132 Vote on County 2020-2025 Plan to end Homelessness Dominguez 11/17/2020 N/A CAO, CMO 12/1/20 adopted Resolution in support 133 Work with the school district to have a contest to create art murals for the pillars on Main Street Montano 9/7/2021 Recreation Approved to move forward at the 1/11/2022 Council meeting; funding allocated to Great Mall Pkwy. VTA pillar murals
342
Item # 9.