Milpitas City Council
April 4, 2023

Project Planner: Kristina Phung, Associate Planner

LAND USE:

General Plan Designation: Milpitas Gateway Specific Plan (MGSP) Specific Plan Designation : Midtown Specific Plan
Zoning District: Mixed Use (MXD)

ENVIRONMENTAL: The Project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15332 ( In-fill Development Projects, Class 32 Categorical Exemption) . As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15168 (Program EIR).

EXECUTIVE SUMMARY
The City of Milpitas received an application from The True Life Companies ( TTLC, 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 57-unit townhome condominium subdivision, comprised of nine multi -family buildings up to 37-feet (three stories) in height, 123 parking spaces, and associated site improvements on 2.35- acre site located at 612 South Main Street (APNs 086-25-027, 028) in the Midtown Specific Plan 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 57 three-bedroom townhome condominium units. All 57 townhome units are three -stories in height with attached two -car garages . Nine of the condominiums will be reserved for moderate-income households (to comply with the City 's Affordable Housing Ordinance). A moderate-income household is a family or persons whose incomes are between 80 percent and 95 percent of median area income of Santa Clara County.

Since the applicant will reserve 15% of the housing units for purchase by moderate-income households, the Project also 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. SD22-0007: To allow the development of nine multi-family buildings, up to three stories in height, with up to 57 townhouse condominiums on the 2.35- acre site; and

2. C onditional Use Permit No. UP22-0003: To allow residential units as condominiums and associated subdivision; and

3. V esting Tentative Map No. MT22-0003: To establish 57 residential condominium spaces, related common areas, and associated easements; and

4. D ensity Bonus Permit No. DB22-0002: To ensure compliance with State Density Bonus law and regulations; and
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5. Tree Removal Permit No. TR22-0014: To remove 13 ordinance-size trees and replace them with 157 new trees on the same site.

In addition to the above entitlements, the City has prepared Environmental Assessment No. EA22- 0005 to establish compliance with the California Environmental Quality Act ( CEQA) for this Project.

Staff has found the required entitlements comply with the policies, standards, and processes outlined in the State Density Bonus Law, City of Milpitas 2040 General Plan, Midtown Specific Plan, Zoning Ordinance , and other provisions of the Milpitas Municipal Code (MMC). Staff recommends that the Planning Commission open and close the public hearing, consider the exemptions in accordance with CEQA and adopt Resolution No. 23-004, recommending that the Milpitas City Council approve the Project, subject to the conditions of a pproval. The balance of this report provides specific details regarding the Project.

BACKGROUND
The Project site located at 612 South Main Street is a combination of two adjacent parcels: 600 South Main Street (APN 086 -25-028) and 612-650 South Main Street (APN 086-25-027). The parcel at 600 South Main Street is vacant, and the adjacent parcel at 612-650 South Main Street is developed with a partial two-story multi-tenant commercial and light industrial office building (approximately 27,500 square feet). At present, the building is occupied with a mix of commercial and office tenants, including a Montessori school, piano and guitar lessons shop, gymnastics center, and a real estate office. Most of these tenants or similar uses have operated at this location since the building was completed in 1985.

Milpitas Midtown Specific Plan
The Project site is located within the Milpitas Midtown Specific Plan area. This Plan, which was adopted in March 2002 and last updated in 2010, identified the subject parcels as opportunity sites as they were either vacant or had existing buildings or uses that were likely to be developed with a higher or more intense use in the future.

In late 2021, the City initiated an update to the Midtown Specific Plan and rebranded this effort as the Milpitas Gateway-Main Street Specific Plan (MGSP). The City expects to complete this effort in early 2024. Th e MGSP will provide an updated vision for new mixed -use and pedestrian - oriented development along Main Street as well as land use and streetscape improvements along the Calaveras Boulevard corridor. The MGSP will also establish branding, placemaking, and urban design strategies to promote economic investment and redevelopment in these areas.

California Senate Bill 330 (Housing Crisis Act of 2019) In April 2022, TTLC submitted a preliminary application pursuant to California Senate Bill 330 (SB 330) for a 57-unit townhome subdivision at the Project site. On July 26, 2022, TTLC submitted a formal application for the same townhome housing development.

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:
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• 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.

Applicable State Housing Laws
The California Housing Accountability Act (Government Code section 65589.5) requires local jurisdictions to approve housing projects that comply with applicable, objective codes and standards. In addition, the State Density Bonus Law s (Gov. Code §§ 65915 et seq.) require local jurisdictions 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 and design standards ( and meets the requirements for waivers and incentives/concessions under the State Density Bonus Law . A local government agency can deny an eligible housing project only if there is a preponderance of evidence that denial is the only way to avoid an adverse impact on public health and safety.

PROJECT DESCRIPTION
Overview
The Project consists of demolition of the existing multi-tenant commercial and office building and surface parking lot , and development of 57 townhome condominium units and associated site improvements, including private alleyways and outdoor amenity spaces. The townhomes will range from 1,423 to 2,092-square feet in size, each with three bedrooms and three or three-and-a- half bathrooms. The Project provides a total of 123 onsite parking spaces (114 spaces within a garage, nine surface spaces on -site for guests ). To comply with the City’s Affordable Housing Ordinance, the applicant will designate nine of the townhomes for sale to moderate-inc ome households.

The Project is eligible for certain concessions, waivers, and parking incentives under State Density Bonus Law (Gov. Code § 65915 et seq.) because 15% of the total townhome units will be reserved for moderate-income households.

Location and Context
The Project is located on a 2.35- acre site on the east side of S outh Main St reet and west of Hammond Way. Figure 1 shows the location of the proposed Project:

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Figure 1 – Project Site Location

The property is located within the Midtown Specific Plan area and zoned Mixed Use (MXD ).

Table 1 and Figure 2 below summariz e 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 Gateway
Specific Plan Mixed Use (MXD)
Multi-tenant
Commercial/Office
Building
North Milpitas Gateway
Specific Plan Mixed Use (MXD) Vehicle-Related Services
(Car Wash)
South Milpitas Gateway
Specific Plan Mixed Use (MXD) Assembly (Jain Center of
Northern California)
East Milpitas Gateway
Specific Plan Mixed Use (MXD) Commercial (Mini Storage) West Milpitas Gateway
Specific Plan Mixed Use (MXD) Commercial (Multi-tenant
Commercial Plaza)

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Figure 2 – 612 S. Main Street (Zoning Map)

PROJECT ANALYSIS
This section will evaluate elements of the proposed P roject for conformance with the Milpitas 2040 General Plan, Midtown Specific Plan, 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 Gateway Specific Plan (MGSP), but since City Council has not yet formally adopted the M GSP, the development standards in the Midtown Specific Plan currently apply.

The Project is in conformance with the applicable policies and standards in the City's General Plan, as outlined in Table 2:

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 57 new
three-bedroom townhome condominiums in
three types of unit type floor plans with
modern design elements such as including a
minimum of three bathrooms and private
balconies in each unit . The Project will also
provide housing opportunities with those with
special needs by providing at least 10% of the
total units ( six units ) as accessible (ADA)
units. The proposed family-sized housing type
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Policy Conformance
will meet the needs of individuals, families,
and residents of all demographics and income
levels as they may need more space for family,
professional, or personal needs as compared to
studio, one -bedroom, or two- bedroom units .

Additionally, nine 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,
commercial, and mixed-use developments
along South Main Street. The Project is located
in an area already served by existing
infrastructure and utilities and would
incorporate an underutilized lot (600 S. Main
St.) that has remained vacant and undeveloped
for many years . The smaller size of this lot
(approximately 150-ft width and 203-ft depth)
would be challenging to develop into a n
efficient mixed-use project individually in the
future due to site constraints . As such, the
proposed Project would improve connectivity
within the surrounding neighborhood by
integrating both parcels . Additionally, the
Project will gain ingress and egress from two
new access points along South Main Street via
new driveway curb cuts, and as a result, the
Project will blend seamlessly into the fabric of
the existing community that also have curb
cuts along this street frontage. The Project will
be compatible and complementary to the
future higher -density mixed -use and
residential development planned for other
parcels along South Main Street and the
Midtown Specific Plan area which are mostly
developed with commercial or light industrial
uses but are zoned for redevelopment as higher
intensity and density mixed-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 nine buildings that are
three stories each, up to a maximum 37-feet in
height in a zoning distr ict that allows a
maximum height of 45 feet.

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Midtown Specific Plan Conformance
The Project site is located within the 2010 Midtown Specific Plan and is zoned Mixed Use (MXD).

The purpose of the Midtown Specific Plan is:
• Guide the development and further evolution of the Milpitas Midtown Planning Area (Midtown Area);
• Encourage development that responds to City and regional objec tives, such as a compatible mixture of residential, retail, and commercial uses;
• Reflect neighborhood considerations; and
• Encourage private investment in the area.

The proposed Project supports the purpose and intent of the Midtown Specific Plan. Table 3 below outlines the Project’s consistency with applicable Midtown Specific Plan Policies:

Table 3: Midtown Specific Plan Consistency
Policy Conformance
Policy 3.10: Designate parcels alon g
the Main Street and A bel Street
corridor mixed -use and allow a
mixture of retail, office, housin g,
service, and public/quasi-p ublic uses
in this area.

Consistent. The Project will be located on Main
Street and is designed as mixed-use and will provide
new housing opportunities with 57 townhome
condominiums with private outdoor amenity areas.

Landscaping improvements will be made within the
development and along the South Main Street
streetscape to improve the existing condition and
encourage pedestrian and other multi-modal activity
to utilize the surrounding retail, office, service, and public/quasi-public uses in the area.

Policy 3.12: Encourage housing as the
principal upper -level use alon g M ain
Street.

Consistent. The Project is fully residential with each
of the 57 -units as a three -story, three -bedroom
attached unit separated in nine buildings. Therefore,
housing is a principal use of the P roject site along
Main Street. As the Project was submitted under SB
330 and complies with all development standards in
effect at the time the preliminary application was
reviewed from April - May 2022 , the City may not
require additional changes to the Project proposal or
design unless such changes are necessary to address
health, life, or safety risks . All reviewing City
Departments including Planning, Building and
Housing, Fire, Engineering, and Police have not found
any such concerns related to the Project as designed to warrant
alterations to the current proposal.

Furthermore, the Project site and the immediate
surrounding parcels were not identified to specifically 447
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Policy Conformance
require ground floor commercial uses per the Midtown
Specific Plan study area.

Policy 3.13: Adopt develo pment
standards and design guidelines for the
Mixed-Use District that will create a
lively pedestrian environment.

Consistent. The proposed Project follows the
development standards of the Mixed- Use (MXD)
Zoning District and the Midtown Specific Plan and
creates a pedestrian scale streetscape on Main Street
by remaining three stories and up to a maximum height
of 37- feet. The Project will also activate a formerly
vacant and undeveloped parcel at 600 S. Main Street
and wil l connect the uses along the street .

Furthermore, the introduction of new residents in the
area may utilize the existing commercial and retail
land uses in Midtown area and help encourage a lively
pedestrian environment.

Policy 3.14: Limit the establishment of
new quasi -public uses within the
mixed-use des ignation in order to
create a more active street
environment.

Consistent. The proposed Project consists of
residential uses only.

Policy 3.24: Require new residential
development to provide public parks at
a ratio of 3.5 acres per 1,000 persons,
of which up to 1.5 acres p
er 1,000
persons can be developed as private or
common open space.

Consistent. The developer of the Project will comply
by paying a park-in-lieu fee as described in the staff
report and conditioned in the attached Resolution.

The current park-in-lieu fee is established in Milpitas City Council Resolution No. 8437.

Policy 4.16: Provide secure and
weather protected bicycle parkin g
facilities a t the transit stations and
within new residential, retail and
employment destinations.

Consistent. The Project provides bicycle parking
facilities within the new residential development in
the private outdoor amenity area with six bicycle
racks, providing capacity for up to 12 bicycle parking
stalls.

Policy 4.17: Ensure that new
development com plies with C ity of
Milpitas Zoning O rdinance
requirements for off -street parking.

Consider reductions on a case-by-case
basis.

Consistent. The Project complies with the Midtown
Specific Plan zoning regulations for off-street
parking requirements by providing the minimum two
covered stalls for each three-bedroom unit in an
attached garage, for a total of 114 covered stalls.

Guest parking requirements for the Project are
approximately 17 stalls, or 15 percent of the total
required parking as required by the zoning ordinance.

The Project qualifies for waivers and concessions
under the affordability provisions of the State Density Bonus Law, which allows minimum parking ratios
that are less than the City’s standard zoning
requirements. Such waivers and parking incentives
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Item # 17.

Policy Conformance
must be granted unless there is a specific finding of a significant health, life, or safety risk.

Policy 5.4: Implement a program of
streetscape improvements (Sidewalks,
landscaping, bike lanes, benches,
lighting) along Main and Abel Streets
and Great Mall Parkway.

Consistent. The proposed Project provides street
trees and landscaping improvements to the
streetscape along Main Street. Some private
improvements may be limited due to an existing 10-
foot wide public utility easement within the front
setback of the Project site. No permanent structures,
such as benches, can be placed over such easements.

Policy 6.11: Incorporate energy saving
devices into new development in order
to promote energy conservation.

Consistent. The proposed development will be
constructed with the latest adopted California
Building Code (CBC) standards which encourages
the latest statewide energy efficiency standards in
new construction projects. The Project is required to
show compliance with the CBC Building Energy
Efficiency Standards (Title 24) during the building
permit review process. Additionally, technological
improvements and energy efficiency in appliances
and devices have historically and continuously
improved over time and the Project anticipated to
install modern energy saving devices compared to
older developments.

Zoning Conformance
The Project site is located in the MXD Mixed-Use Zoning District. Per the Zoning Ordinance, the MXD Zoning District encourages a compatible mix of residential, retail, entertainment, office and commercial service uses within the framework of a pedestrian -oriented streetscape. It is intended that the residential and commercial uses allowed in the MXD Zoning District combine to provide for an "around- the-clock-environment" with urban open areas (i.e. plazas, squares) that serve multiple purposes and can be used for special events.

As demonstrated in Tables 4 and 5, the proposed P roject conforms to all the development standards in the Zoning Ordinance and the Midtown Specific Plan for MXD . 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 MXD and Midtown Specific Plan Development Standards Development
Standard (MXD) Required Proposed Conformance
Density 21-30 du/ac 24.2 du/ac; 57 units
total Yes
Front Yard
Setback
8 ft. (min.) - 15 foot (max.)
from back of sidewalk
Buildings 7, 8, and 9
front S. Main St:

Bldg 7: 19.9 ft.

Bldg 8: 20.4 ft.

Bldg 9: 20.7 ft.

Yes,
with approval
of a Density
Bonus waiver
Side Yard
Setback 10 ft. (min.) 10-15.1 ft. Yes
Rear Yard
Setback

10 (min.) 5 feet
Yes,
with approval
of a Density
Bonus waiver
Height 45 ft. and three stories 36 ft. 11-in. (three
stories) Yes
Private Open
Space
Each dwelling unit shall be
provided with private open
space as follows:

• Balconies and porches
(above ground level –
min. dimension of 4.5-
ft): minimum 60 sq. ft.

Or

1. Patios (at ground level):
minimum one hundred
square feet.

Private open space
balconies in each unit
type will have at least
one private balcony
with an average size as
follows:
• Unit Type 1 (28 units):
86 sq. ft – one balcony
on 2
nd floor
• Unit Type 2 (28 units):

Total 100 SF (two
balconies at 50 sq. ft
each on 2
nd and 3rd
floors
• Unit Type 3 (1 unit): 62
sq. ft – one balcony on
2 nd floor
Yes
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Development
Standard (MXD) Required Proposed Conformance
Residential
Open Space
A minimum of 25% of the
total site shall be usable open
space or recreational
facilities. Balconies, porches,
or roof decks may be
considered usable open space
when properly developed for
work, play, or outdoor living
areas.

25% x 2.35-acre Project site
= 0.59 acres required
Residential Open
Space (OS) Provided:

Usable OS = 0.45 acres
Private Rec. Areas =

0.24 acres
Total Residential OS =

0.69 acres
Yes

In addition, projects located in the Midtown Specific Plan area must comply with the additional development and design standards outlined in Table 5:

Table 5: Additional Development Standards Applicable in the Midtown Specific Plan Standard Proposed Conformance
Projections
into Required
Yards
Balconies, bay windows,
porches, stoops and
awnings may project into
the setbacks provided at
least 60% of the required
setback area is
landscaping.

Balconies and porches
project into setback areas
where more than 60% of
the required setback area
is landscaping
Yes
Building
Orientation
and Entrances
All buildings must face
onto the street they front
upon.

Buildings generally face
South Main Street which
is the Project’s primary
street frontage
Yes
Vehicle
Parking
Three Bedroom – 2
covered stalls per unit x
57 units = 114 covered
stalls

Guest Parking – 15% of
required stalls = 17 stalls

Total Required – 131
spaces

• 114 resident covered
spaces
• nine guest spaces

123 total
(114 covered, nine
uncovered)
Yes,
parking reduction
is allowed under
State Density
Bonus Law
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Item # 17.

Standard Proposed Conformance
Bicycle
Parking
Bicycle parking
equivalent to five percent
(5%) of the parking
requirement.

Seven (7) bicycle parking
spaces
12 bicycle parking spaces Yes
Parking
Location
Parking is prohibited in
the front setback and
should be at the rear of the
buildings.
57 private garage
entrances face the interior
drive aisle
Yes
Parking
Garage Type
Tandem parking may be
allowed with a
Conditional Use Permit
(CUP).
28 units proposed with
tandem parking garages
Yes, tandem
parking is
allowed under the
State Density
Bonus Law as a
parking incentive
Parking
Access and
Curb Cuts
Shared driveways shall be
considered wherever
possible to minimize curb
cuts.

Project proposes two curb
cuts on South Main Street
only
Yes
Park Acreage
Requirements

0.22 acres (after Park-In
Lieu Fee) 0.24 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 density bonus es 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 waivers and incentives associated with it.

The proposed Project qualifies for waivers, concessions, and parking reductions under the State Density Bonus Law because more than 10 percent of total units will be reserved as affordable units for moderate-income households. The Project includes nine affordable units, which satisfies the 15 percent total units required under the City’s Affordable Housing Ordinance . The City must grant waivers , concessions and parking reducti ons 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.

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Table 6: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant Request Justification Discretion Front
Setback
Waiver
A minimum
front setback
of 8-feet and
a maximum
of 15-feet.

To provide a front
setback of
approximately 20-
feet for Buildings 7,
8, and 9 as noted in
Table 4.

The Project site
includes existing
Public Service
Easements located
within the first 10-feet
of the front setback,
and no structures or
projections are
allowed on or above
the easement.

This waiver is
allowed under
State Density
Bonus Law
and must be
granted by the
City.

Rear Setback
Waiver
Rear setback
must be a
minimum of
10 feet.

To provide a rear
setback of
approximately 5-
feet for Buildings 1,
2, 3, 4, 5, and 6 as
noted in Table 4.

A reduction in the rear
setback 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
Reduction

17 guest
vehicle
parking
spaces
Nine guest vehicle
parking spaces

Guest parking is not
required under the
State Density Bonus
Law.

Parking
reductions are
allowed under
State Density
Bonus Law
and must be
granted by the
City.

Front and Rear Yard Setback Waivers
The Midtown Specific Plan provides unique front, side, and rear setback requirements for MXD developments. The Project, as designed, satisfies the minimum 10-feet side setbacks on both sides of the property ; but the developer is requesting State Density Bonus waivers for altering the maximum front setback and the minimum rear yard setback. As part of the SB 330 submittal process, all applications must undergo a preliminary application review that is reviewed by various City Departments, including but not limited to Planning, Engineering, Fire, Building and Housing, and Police.

The Midtown Specific Plan requires MXD proposals to have a front yard setback ranging from a minimum of 8 -feet to a maximum of 15- feet, and a minimum rear yard setback of 10 -feet. The applicant has requested Buildings 7, 8, and 9 which f ace South Main Street to have front yard setbacks ranging from 19.9-feet to 20.7-feet, and the rear yard setback for Buildings 1-6 to be 5- feet. Both front and rear setback waivers requesting differences in approximately 5- feet of the 453
Item # 17.

standard requirements are necessary in order to facilitate the physical development of the proposed Project. All reviewing City Departments confirmed the proposed setbacks do not cause a public health or safety problem. As such, both waivers must be granted per State Density Bonus Law.

Parking Incentives Under State Density Bonus Laws
Under the affordability provisions of the State Density Bonus Law, any project that reserves more than 10% of total units as affordable is eligible for reduced parking standards. Projects located in the Midtown Specific Plan area typically require two vehicle parking spaces for each three - bedroom unit, and an additional 15% of required vehicle parking stalls for guests. However, upon a developer's request, the State Density Bonus Law reduces maximum parking ratios for projects that may be applied instead of City thresholds. As such, the City can only require the maximum number of vehicle parking spaces per State Density Bonus Law parking incentives, as shown in Table 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 satisfied the Midtown Specific Plan three-bedroom parking space requirements but has requested a reduction in required guest parking spaces as part of the State Density Bonus Law parking incentives. The applicant has proposed to provide the following, as demonstrated in Table 8.

Table 8: Project Parking Analysis (under State Density Bonus Law) Land Use Unit
Count Rate
Maximum
Spaces
Required
Spaces
Provided
Onsite
Notes
Three-bedroom 57 1.5 / unit 85.5 114
Guest Parking N/A1 0 9 See footnote 1
Total 85.5 123
1 Zero guest parking spaces are required under State Density Bonus Law parking incentives. Without the mandated State Density Bonus Law parking reductions, the Project requires approximately 17 guest parking stalls based on the Midtown Specific Plan ratio of two stalls for each three- bedroom unit ( totaling 114 stalls) and a guest parking requirement of 15% of the total number of required stalls.

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Item # 17.

As noted in the Project Description, all 57 three-bedroom units will include a two-car garage, and up to 28 units will include tandem parking. Per the State Density Bonus law, onsite parking spaces may be provided through tandem or uncovered parking, but not on-street parking. Requesting these parking s tandards does not count as an incentive or concession. Furthermore, nine additional surface parking spaces will be provided for guests along internal Street B, making a total of 123 onsite parking spaces, which is consistent with the total reduced maximum parking standard of

85.5 parking spaces 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. 23-004. Tentative Maps require approval by Resolution by the Planning Commission that recommends final approval or denial by the City Council.

Architectural Design
The Project's design concept includes three-story buildings with heights consistent with existing residential development along South Main Street. The contemporary design includes the following design accents and materials:
• Roof: Composition Shingle
• Exterior: Stucco Finish with Fiber Cement Siding , Hardie Panel Siding in Fiber Cement Textured Panel and Horizontal
Shiplap Siding, Metal Siding, and Muddox Thin Brick/Brick • Trim/Accents: Bronze Metal, Metal Railings with Panel Siding • Entry Door: Contemporary Front Entry Door with Sidelite • Garage Door: Cloplay Steel Garage Door with Contemporary Slim Windows

The Project conforms to the Midtown Specific Plan design guidelines, 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 similar architectural style to the Milpa Village Townhome development north at 260 South Main Street, built out in 2019. A rendering of the Project is shown in Figure 3.

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Item # 17.

Figure 3 – Proposed Project Rendering Facing South Main Street

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.

Figure 4 – Colors and Materials Board

Tree Removal and Landscaping Requirements
The Project includes removal of 26 existing trees, including 13 ordinance sized trees, from the site.

Pursuant to MMC Title X, Chapter 2 (Tree Maintenance and Protection), the project must plant a minimum of two replacement trees for every one ordinance sized tree that is removed, The Project will include 157 new trees on the same site. Additional landscaping will include the installation of various shrubs, grasses, and vines (New Zealand Flax, Manzanita, Reed Grass, and Creeping Fig) as demonstrated in Figure 5.

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Item # 17.

Figure 5 – Landscape Plan

Parkland and Open Space Requirements
The Midtown Specific Plan 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).

In the Midtown Specific Plan Area at least, two (2) of every three and a half (3 ½) acres (57.4%) shall be provided as public park land. The remaining acreage can be provided as private park land (42.6%). Estimates show 2.49 people will occupy each unit for multi -family developments with 5 units or more. The Project proposes 57 units, resulting in an estimated population of 142 persons and a parkland requirement of 0.50 acres, equivalent to approximately $1,384,873.46.

The applicant has proposed to pay for public park land and provide private park land space. The City has determined the applicant must pay to provide 0.28 acres of parkland, equivalent to $789,377.87. The remaining 0.22 acres will be provided onsite with a mixture of a playground area with a pergola, playground equipment, bicycle racks, picnic tables and chairs, and a synthetic turf lawn for play. A full analysis for the parkland requirement is demonstrated in Table 9 below.

Table 9: Parkland Requirements Analysis

TTLC Townhomes Proposed 57
TTLC Townhomes Population Estimate
(2.49 persons/unit per Census) 142 persons
Midtown Parkland Requirement 3.5 acres/1,000 people or
equivalent fees-in-lieu
Total Parkland Acreage or In-Lieu Fee Required 0.50 acres / $1,384,873.46
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Item # 17.

Amount Satisfied Through Park-In Lieu Fees (Acreage/Dollars) 0.28 acres / $789,377.87 Remaining Parkland Acreage Required 0.22 acres
Private Recreation/Open Space Included in the Project 0.24 acres Total Parkland Acreage due 0.00 acres / $0

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 nine of the 57 units on- site for moderate -income households , which meets the minimum 15 percent requirement of the City’s Affordable Housing Ordinance . The Project has been conditioned to execute an agreement imposing appropriate ownership controls on the affordable units and all other requirements per MMC Section XII-1-3.04 (Design and distribution of affordable units).

The Project’s proposed unit type and building distribution is shown in Table 10 and the distribution of affordable units is shown in Table 6. As shown in Table 10, the Project will include 28 units as Type 1 and 2, and one unit as Type 3.

Table 10: Proposed Project Unit Type and Building Totals

Building #
Unit
Type 1
(3 bed/3 bath)
1,423 S.F.

Unit
Type 2
(3 bed/3 bath)
1,689 S.F.

Unit
Type 3
(3 bed/3.5 bath)
2,092 S.F.

Total
Building 1 3 3 0 6
Building 2 2 2 1 5
Building 3 3 3 0 6
Building 4 3 3 0 6
Building 5 3 3 0 6
Building 6 3 3 0 6
Building 7 3 3 0 6
Building 8 4 4 0 8
Building 9 4 4 0 8
Total Unit Count 28 28 1 57
Required Affordable
Unit Type Distribution
per City’s Affordable
Housing Ordinance
5 4 0 9

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Item # 17.

The Housing Division within the City’s Building, Safety, and Housing Department reviewed the proposed Project for compliance with the City’s Affordable Housing Ordinance. In accordance with the distribution of the unit types shown in Table 10 above, the applicant has agreed to distribute the number of affordable unit types as outlined below and as shown to be dispersed throughout the Project as identified by the red dots in Figure 6:
• Five (5) Affordable Units: Unit Type 1 (3 bedroom/1,423-square feet) • Four (4) Affordable Units: Unit Type 2 (3 bedroom/1,689-square feet)

Figure 6 – Project Affordable Unit Distribution

Traffic and Access
Vehicular access will be provided by two driveways with direct ingress/egress from South Main Street. An internal private street and alley grid will provide access to 57 private residential garages with a total of 114 covered vehicle parking spaces. In addition, nine guest parking spaces will be provided along Street B, including one ADA-compliant space, one electric vehicle (EV) parking space, and two compact spaces. The EV parking space will provide full charging facilities.

Grading
The existing site is relatively flat. T he proposed Project would result in the demolition of all existing structures , paving, and landscaping on the subject site in order to construct the new development. The applicant would import approximately 600 cubic yards of fill to pad the site and increase the finish grade heights to meet flo od zone requirements and support the proposed drainage and utility improvements.
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Item # 17.

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. The proposed Project improvements to infrastructure include:
• Water: A new 8-inch internal water loop connecting to the existing 8-inch water line along S. Main Street.
• Sewer: A new 8-inch internal sewer line connecting to t he existing 18- inch sewer line along S. Main Street.
• Stormwater: an existing storm drain line (12- inch and 18- inch) runs along the property frontage within a storm drain easement parallel to S. Main Street. The Project proposes to upsize all the 12 -inch storm drainpipes to 15-inch pipes and tie the treated 12-inch line from the site to the new upsized 15-inch line. The Project will have an internal storm drain system, routed through a bio-retention basin to meet water quality requirements, before connecting back to the public storm drain system along S. Main St. • Gas Lines: The Project site will be all- electric; no gas will be installed , and any existing gas services will be abandoned if feasible per PG&E requirements. • Existing Overhead Utility Lines: The Project will underground the overhead utility lines along the site frontage along S. Main Street.

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 policies 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:

Parkland Impact Fee
The requirements are detailed above in the Parkland and Open Space Requirements section and in Table 9 per MMC Section XI-1-9. The applicant will p ay the estimated $789,377.87 park in-lieu fee prior to building permit issuance.

Public Art Fee
The Project will comply with the City's Public Art Requirements for Private Development, as set forth in MMC 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.

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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.

The General Plan designation for the Project site references MGSP, but since City Council has not formally adopted the MGSP as the study and environmental review is currently underway, the Midtown Specific Plan development standards currently apply. Both the MGSP and Midtown Specific Plan standards intend to facilitate the development of compatible land uses for a mixed -use community that includes high- density, transit - oriented housing and a central community cultural hub, as well as encourage walking, biking, and alternative modes of transportation.

The Midtown Specific Plan designates the Project site as Mixed Use (MXD). The intent of this designation is to provide a compatible mix of land uses with residential density proposals at a range of 21-30 dwelling units/acre. As this P roject proposes 24.2 dwelling units/acre, it is consistent with both the intended land use of the General Plan and the relevant density requirement. In addition, the newly adopted 2023-2031 Housing Element already identified the Project site as a pipeline site . As such, the P roject site has been incorporated into projections for affordable housing opportunities.

Furthermore, the Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2, above.

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 57 residential condominium units at a density of 24.2 dwelling units/acre. The General Plan and MGSP/Midtown Specific Plan designations and the MXD zoning district permits residential development at intensities of 21 to 30 dwelling units/acre. The map is therefore consistent with the General Plan and MGSP/Midtown Specific Plan.

B. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The Project proposes 24.2 dwelling units per acre, consistent with the 21-30 dwelling units per acre allowed by the general plan and corresponding specific plans .

Additionally, the Project is consistent with the policies associated with the 461
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MGSP/Midtown Specific Plan, as identified in Tables 3 and 5, except for front and rear setbacks and guest 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 mixed use development under the City’s General Plan and zoned for this type of development under the MGSP/Midtown Specific Plan. In addition, this site is suitable for the higher density development based on the location, physical attributes, and proposed infrastructure improvements.

D. That the site is not physically suitable for the proposed density of development.

The Project site is within the MGSP/Midtown Specific Plan designation of Mixed Use (MXD) permitting residential development at 21 to 30 dwelling units/acre. The design will physically suit the site by providing required utilities and improvements, sufficient open space, and adequate residential living facilities.

E. The design of the subdivision or the pr oposed 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 with a multi-tenant commercial and office building. 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 Building and Housing, 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 may involve the vacation of gas easements per PG&E requirements.

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. 462
Item # 17.

The Project’s site design is consistent with the MGSP/Midtown Specific Plan development standards. The Project consists of 57 condominium units and associated site amenities on a 2.35-acre site. The building’s contemporary architectural design visually relates to and is compatible with the similar townhome projects along Main Street. Colors are earth tone shades of grays and browns with portions of muted green and yellow vertical siding. In addition, residents will access garages 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 Mixed Use (MXD) Zoning District. The Project design conforms to the site and development standards of the MXD 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 MXD standards are needed, the applicant has requested waivers and guest 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 Midtown Specific Plan.

The proposed Project is consistent with the applicable policies and design guidelines of the MGSP/Midtown Specific Plan, as demonstrated in Tables 3 and 5. As the Project is eligible under the State Density Bonus Law, Government Code section 65915(p)(5), the Project is entitled to waivers and parking concessions. The requested front and rear yard setback waivers and guest parking reduction 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 Midtown Specific Plan area and conditioned to preserve the health and wellness of residents. In addition, the condominium Project creates housing opportunities and increases the diversity of housing types in the Midtown area. 463
Item # 17.

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

The proposed Project is consistent with most of the Milpitas Zoning Ordinance after utilizing mandated State Density Bonus waivers, as demonstrated in Table 4. The proposed multi-family residential Project is permitted in the Mixed Use (MXD) Zoning District. The Project design conforms to most of the site and development standards of the MXD zone as noted. Therefore, 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 MXD standards are needed, the appli cant has requested waivers and parking exceptions pursuant to the State Density Bonus Law (Gov. Code §§ 65915 et seq.). The requested front and rear yard setback waivers and guest 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 Midtown Specific Plan.

The proposed Project is consistent with the applicable policies and design guidelines of the MGSP/Midtown Specific Plan , as demonstrated in Tables 3 and 5. As the Project is an eligible housing project under the State Density Bonus Law, Government Code s ection 65915(p)(5), the Project is entitled to waivers and reduced parking requirements. The requested front and rear yard setback waivers and guest 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 57 townhome condominiums , equaling to 24.2 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.

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The applicant has proposed nine three-bedroom units 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 . Each unit will have a two-car attached garages. Five of these affordable units will include the tandem parking stalls and approximately 1,423- square feet of habitable space. The other four units will include traditional zipper parking and approximately 1,689-square feet of habitable space. All units will be three-stories in height and include private balconies. The affordable units locations have been identified and approved by the Housing Department as meeting the intent of the Affordable Housing Ordinance (AHO).

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 Office 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 agree 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 t ime, 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 agreemen t 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 Project 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 waivers and incentives held within th e State Density Bonus Law, and the Planning Department supports this request.

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ENVIRONMENTAL REVIEW
The City conducted an environmental assessment in accordance with the California Environmental Quality Act ( “CEQA”), as amended . The proposed P roject is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects). An exemption is the appropriate CEQA determination for the proposed Project. For additional details, see Exhibit 2 of the Resolution (Attachment B) for the proposed Project memorandum demonstrating compliance with CEQA Guidelines Section 15332. Exhibit 3 of the Resolution (Attachment C) includes the supporting technical reports as substantial evidence for the CEQA memorandum.

As a separ ate and independent basis, the P roject is also exempt from further CEQA review pursuant to CEQA Guidelines Section 15168 ( Program EIR) because the Project is a residential project that is generally consistent with the buildout projections of the updated 2010 Midtown 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 February 10, 2023. In addition, notices were sent to all owners and occupants within 1,000 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 was posted to the City’s Website with additional opportunities for public comment 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. 23-004, recommending that the City Council approve Site Development Permit No. SD22-0007, Conditional Use Permit No. UP22-0003, Vesting Tentative Map MT22-0003, Density Bonus Permit No. DB22-0002, Tree Removal Permit No. TR22-0014 and Environmental Assessment No. EA22-0005, subject to the Conditions of Approval.

ATTACHMENTS
A: Resolution No. 23-004, including Exhibit 1 to the Resolution: Conditions of Approval B: Exhibit 2 to the Resolution: CEQA Exemption Memorandum C. Exhibit 3 to the Resolution: CEQA Exemption Supporting Technical Studies D: Project Plans

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CITY OF MILPITAS
Planning Commission

February 22, 2023 Planning Commission Meeting Minutes Page 1

MEETING MINUTES
7:00 PM
Wednesday, February 22, 2023

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 7:01 PM.

PLEDGE OF

ALLEGIANCE
Commissioner Mohsin led the pledge of allegiance.

ROLL CALL Recording Secretary Jessica Thiragirayuta called the roll.

PRESENT: Chair Chuan, Vice Chair Ciardella, Commissioners Albana, Galang, Medina-Ashby, and Mohsin

ABSENT: Awasthi

STAFF: Ned Thomas, Michael Mutalipassi, Avery Stark, Kristina Phung, Alex Andrade, Bill Tott, Robert Mussalum Arthur Belton, Steve Chan, Jessica Thiragirayuta

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 February 22, 2023.

Motion/Second Galang/Medina-Ashby
Motion carried by a vote of AYES: 6 NOES: 0

ANNOUNCEMENTS

No announcements from Commissioners or Planning Director Ned Thomas.

PUBLIC FORUM Chair Chuan invited members of the public to address the commission and there was one speaker: Albert Lustre

PUBLIC HEARING

VIII-1 NEW CONCRETE TILT -UP INDUSTRIAL BUILDING – 475 – 525 SYCAMORE DR – SITE DEVELOPMENT PERMIT NO. SD22 -0002 & SD22- 0016, CONDITIONAL USE PERMIT NO. UP22-008, TREE REMOVAL PERMIT NO. TE22 -0009, AND ENVIRONMENTAL ASSESSMENT NO EA22 -0004: A request for a Site Development Permit, Master Sign Program, Conditional Use Permit, Tree Removal Permit, and Environment Assessment to demolish three existing commercial buildings and develop an approximately 293,422 -square foot tilt-up concrete industrial building and associated site improvements on an approximately 14-acre site located in the MP Industrial Park Zoning District at 475-525 Sycamore Drive. Proposed site improvements include new internal roadways, landscaping, utility upgrades and a new sur face parking lot with 228 467
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February 22, 2023 Planning Commission Meeting Minutes Page 2

vehicle parking spaces distributed on all sides of the building, 52 oversized parking stalls for tractor -trailers, and 40 loading dock doors. The proposed building would be up to 50 feet in height and designed to accommodate multiple tenants. The proposed project also includes a request for approval of a Master Sign Program for the entire building and a Tree Removal Permit to allow the removal and replacement of 111 trees, including 70 ordinance -sized trees, on the site. In accordance with the California Environmental Quality Act (CEQA), the City has prepared an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to CEQA Guidelines Sections 15064, 15071, and 15370. Project Planner: Avery Stark, (408) 586-3288, [email protected]

Project Planner Avery Stark and Janet Gomez, Prologis (applicant) addressed commissioners’ clarifying questions regarding the type of business operations to occupy the property site, if multiple businesses can use building, the location of the trees that will be removed, status of existing buildings, if there is a designated committee to oversee that hazardous materials are demolished/disposed from the project site properly, if there will be the appropriate amount of parking spaces for the type of building/business, location of loading docks, and noise concerns of large commercial trucks.

Chair Chuan invited members of the public to address the commission and there was (3) speakers: Edgar Alvarez, Dominic Toriano, and Frank Austin.

Motion to close the Public Forum.

Motion/Second Mohsin/Albana
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. 23 -003, approving Site Development Permit No. SD22-0002 (new building), Site Development Permit No. SD22-0016 (master sign program), Conditional Use Permit No. UP22-0008, Tree Removal Permit No. TE22 -0009, and Environmental Assessment No EA22 -0004, to develop an approximately 293,422-square foot tilt-up concrete industrial building (warehouse and distribution) and associated site improvements, and adopt an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) for the proposed project in accordance with CEQA Guidelines Sections 15064, 15071, and 15370.

Motion/Second Albana/Mohsin
Motion carried by a vote of AYES: 6 NOES: 0

VIII-2 TRUE LIFE TOWNHOMES – 612 S MAIN ST – SITE DEVELOPMENT PERMIT NO. SD22 -0007, CONDITIONAL USE PERMIT NO. UP22 -0003, VESTING TENTATIVE MAP NO. TM22 -0003, TREE REMOVAL PERMIT NO.

TR22-0014, ENVIRONMENTAL ASSESSMENT NO. EA22 -0005, AND DENSITY BONUS PERMIT NO. DB22-0002: A request for a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Tree Removal Permit, Environmental Assessment, and Density Bonus Permit to allow demolition of an existing multi-tenant office building, removal and replacem ent of 13 ordinance - size trees, and development of a multi -family residential project with 57 townhomes. The residential development will consist of nine multi -family residential buildings, up to 37 feet in height (three stories), surface parking for up to 123 vehicles, and associated site improvements on a 2.35-acre site located in the Mixed Use (MXD) Zoning District at 612 South Main Street. The Project is 468
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February 22, 2023 Planning Commission Meeting Minutes Page 3

located within the Midtown Specific Plan Area and submitted under California Senate Bill 330 (Housin g Crisis Act of 2019). The Project is exempt from environmental review under the California Environmental Quality Act pursuant to Sections 15332 (Infill Development) and 15168 (Program EIR) of the CEQA Guidelines. The proposed project is covered under the scope of activities previously analyzed in the Midtown Specific Plan Environmental Impact Report (SCH #200092027) certified by the Milpitas City Council in March 2002. Project Planner: Kristina Phung, (408) 586-3278, [email protected]

Project Planner Kristina Phung and applicant, The True Life Companies ’ team [Leah Beniston, Senior Vice President of Entitlements | Scott Menard, Executive Vice President | Aiden Barry, Executive Vice President ] addressed commissioners’ questions regarding the windows type for the units adjacent to the railroad tracks (concern of noise), any planned modification of the fence/wall adjacent to the railroad tracks, a suggested increase in the setback for those units along the railroad tracks, the buffer between project site and ra ilroad track (storage units plus drive aisle), width of the windows being able to withstand a strong earthquake, density bonus/BMR qualifications, number of guest parking stalls, number of EV charging station for guest parking, confirmation of no street parking, concern with tree removal , the acceptable decibel level of noise when trains pass property site, parking alternative/solutions if project gets approved (transit options), park area being available to public, traffic assessment of project area, state requirements for public noticing of developments going to Planning Commission, how can the City lawfully safeguard landmarks/religious entities/places of worship and their surrounding areas from construction , scheduling a neighborhood meeting with Jain Center of Northern California to address concerns . Appreciation was shared on development layout, garden area, playground area, window design, and more needed housing and businesses in the Milpitas Midtown area. Other concerns shared were that the Jain Center of Northern California may be growing to where its organization’s property site cannot accommodate their congregations’ events and parking needs. Hopes of a compromise where homes can be built; as well as respectfully accommodating the Jain Center of Northern California needs for their religious establishment.

Chair Chuan invited members of the public to address the commission and there were (12) speakers from Jain Center of Northern California (JCNC): Nita Itchhaporia, Nikunj Mehta , Nitin Shah , Rakesh Shah , Mittal Kothari , Yogesh Bapna, Rahul Parekh, Kirit Bavishi, Soli Metham, Sharad Shah, Chandni Shah, and Akshay Jai.

Motion to close the Public Forum.

Motion/Second Mohsin/Medina-Ashby
Motion carried by a vote of AYES: 6 NOES: 0

Recommendation: Staff recommends that the Planning Commission conduct a public hearing, consider and determine the project exempt in accordance with CEQA, and adopt Resolution No. 23 -004, recommending that the City Council approve Site Development Permit No. SD22 -0007, Conditional Use Permit No.

UP22-0003, Vesting Tentative M ap MT22 - 0003, Density Bonus Permit No.

DB22-0002, Tree Removal Permit No. TR22 -0014 and Environmental Assessment No. EA22-0005, subject to the Conditions of Approval. ***Adding that a neighborhood meeting be scheduled with community Jain Center of Northern California to address concerns before the April 4th City Council meeting 469
Item # 17.

February 22, 2023 Planning Commission Meeting Minutes Page 4

and independently recommend that the City Council take action to have a study parking done on Main Street.

Motion/Second Medina-Ashby/Albana
Motion carried by a vote of AYES: 4 NOES: 2 (Mohsin, Ciardella)

NEW BUSINESS NO ITEMS

ADJOURNMENT Chair Chuan adjourned the meeting at 10:03 pm

Motion/Second Mohsin/Galang
Motion carried by a vote of AYES: 6 NOES: 0

Meeting Minutes submitted by
Planning Commission Secretary Elizabeth Medina
470
Item # 17.
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CC
6'-5"5'-8 1/2"8 1/2"10'-10 3/4"8"9'-6 3/4"8"
14'-8"3 1/2"14'-4 1/2"
6'-0"8"5'-4"
10'-8 1/4"1'-0"8'-8 1/4"1'-0"
5'-3 1/2"2'-3 1/2"3'-0"
342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 PRIVATE OPEN SPACEA01.1
NORTH
08'16'24'40'80'32'
02'4'6'8'16'
50 S.F.50 S.F.50 S.F. 50 S.F.50 S.F.50 S.F.50 S.F.
50 S.F.50 S.F.62 S.F.
86 S.F.86 S.F.86 S.F.86 S.F.86 S.F.86 S.F.86 S.F.
86 S.F.86 S.F.C
B A

CB BB BB
B
TOTAL PRIVATE RESIDENTIAL OPEN SPACE:UNIT 1 BALCONIES:28 x 86 SF= 2,408 SFUNIT 2 BALCONIES 1 & 2:28 x 100 SF= 2,800 SFUNIT 3 BALCONY:1 x 62 SF= 62 SFTOTAL ELIGIBLE OPEN SPACE= 5,270 SFUNIT 1 PORCHES:28 x 33 SF= 924 SF(INELIGIBLE, SEE SHEET C9.0)UNIT 2 PORCHES:28 x 38 SF= 1064 SF(INELIGIBLE, SEE SHEET C9.0)UNIT 3 PORCHES:1 x 34 SF= 34 SF(INELIGIBLE, SEE SHEET C9.0)TOTAL OPEN SPACE:= 2022 SF(INELIGIBLE, SEE SHEET C9.0)TOTAL ELIGIBLE RESIDENTIAL OPEN SPACE= 5,270 SF(SEE PROJECT DATA SHEET A01) KEY PLAN:BUILDING TYPE A - BUILDINGS #8 & #9BUILDING TYPE B - BUILDINGS #1, #3, #4, #5, #6 & #7BUILDING TYPE C - BUILDING #2 = UNIT 1 BALCONY= UNIT 2 BALCONY= UNIT 3 BALCONY
A A
6-UNIT BUILDING2ND FLOOR8-UNIT BUILDING2ND FLOOR
5-UNIT BUILDING2ND FLOORTYPICAL BALCONY DIMENSIONS

TYPICAL BALCONY DIMENSIONS

TYPICAL BALCONY DIMENSIONS
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473
Item # 17.

CC
10'-8 1/4"1'-0"8'-8 1/4"1'-0"
5'-3 1/2"2'-3 1/2"3'-0"
342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 PRIVATE OPEN SPACEA01.2
NORTH
08'16'24'40'80'32'
02'4'6'8'16'6-UNIT BUILDING3RD FLOOR
50 S.F.50 S.F.50 S.F. 50 S.F.50 S.F.50 S.F.50 S.F.
50 S.F.50 S.F.

C
B A

CB BB BB
BKEY PLAN:BUILDING TYPE A - BUILDINGS #8 & #9BUILDING TYPE B - BUILDINGS #1, #3, #4, #5, #6 & #7BUILDING TYPE C - BUILDING #2 = UNIT 1 BALCONY= UNIT 2 BALCONY= UNIT 3 BALCONY
A A
8-UNIT BUILDING3RD FLOOR
5-UNIT BUILDING3RD FLOORTYPICAL BALCONY DIMENSIONS
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474
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9'-1"9'-1"8'-1"
29'-11"SEE BUILDING ELEVATIONFOR MAXIMUM HEIGHT
GRADE
T.O. PL
T.O. SF.T.O. PL
T.O. SF.T.O. PL
T.O.S.

LIVINGENTRY

BEDROOM

GARAGEKITCHENDECKDECKPORCH
BATHCLOSETEAVE HT.

GARAGE
BUILDING 5(TYPE B)BUILDING 6(TYPE B)ALLEYSIDE
10'-0"PSEBUILDING 5(TYPE B)DRIVEWAYMAIN STREETBUILDING 8(TYPE A) BUILDING 3(TYPE B)BUILDING 4(TYPE B)ALLEYOPEN SPACESIDE BUILDING 2(TYPE C)BUILDING 1(TYPE B)ALLEYSIDE SIDE
342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 SITE & BUILDING SECTIONSA0202'4'6'8'16'TYP. BUILDING SECTION

SITE SECTION 'B'

SITE SECTION 'A'
02'4'6'8'16'
02'4'6'8'16'
SITE SECTION 'B' (CONT'D)02'4'6'8'16'
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WALK-INCLOSET
DN

WALK-INCLOSET
UNIT 2PRIMARY BEDROOM11'-9" x 14'-7"UNIT 2PRIMARY BATH

LINENPRIMARYBATH
UNIT 1PRIMARY BEDROOM13'-7" x 12'-1"
UNIT 1
UNIT 1BEDROOM 212'-1" x 10'-2"
UNIT 1LNDYUNIT 2LNDYUNIT 2BATH 2
UNIT 1BATH 2
UNIT 2BEDROOM 211'-8" x 10'-5"
DN
UNIT 2BALCONY 210'-8" x 5'-3"50 SQ. FT.

ROOF OVERBALCONY BELOW
PANTRY
50 SQ. FT.UNIT 2FAMILY11'-7" x 14'-7"UNIT 2DINING9'-0" x 8'-9" UNIT 2BALCONY 110'-8" x 5'-3"
UNIT 2KITCHEN
UNIT 2BATH 3
UNIT 2BEDROOM 310'-1" x 10'-1"UNIT 1BALCONY14'-8" x 6'-0"86 SQ. FT.

UNIT 1KITCHEN
UNIT 1GREAT ROOM15'-7" x 12'-6"
UNIT 1BATH 3
UNIT 1BEDROOM 312'-1" x 10'-1"

UPDN DN
UP
38 SQ. FT.

UNIT 22-CAR GARAGE20'-8" x 20'-1"
UNIT 1ENTRYUNIT 2PORCH
UNIT 1TANDEM GARAGE12'-1" x 40'-1"
UNIT 2ENTRY
UNIT 2FLEX10'-1" x 9'-11"
UNIT 1PORCH33 SQ. FT.
34'-0"
40'-10"

BIKE STORAGESUSPENDEDFROM CEILING
3'-0"
7'-0"
5'-0"7'-6"
5'-0"
UPUP
SOLID WASTE/FOODSCRAPS CART, TYP.FIBER/METALS, PLASTICS& GLASS CART, TYP. 16'-0"8'-0"

BIKE STORAGESUSPENDEDFROM CEILING
UNIT 2ENTRY
UNIT 2PWDR
342.043TTLC South Main StreetMilpitas, CANovember 29, 2022TTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 01'2'3'4'8'
FIRST FLOOR PLANSECOND FLOOR PLANTHIRD FLOOR PLANUNIT 1 SQUARE FOOTAGESFIRST FLOORSECOND FLOORTHIRD FLOORTOTAL LIVINGTANDEM GARAGEUNIT 1 PORCH SLABBALCONY (2ND FLOOR) 117 SQ. FT.673 SQ. FT.633 SQ. FT.1423 SQ. FT.537 SQ. FT.33 SQ. FT.86 SQ. FT.

UNIT 2 SQUARE FOOTAGESFIRST FLOORSECOND FLOORTHIRD FLOORTOTAL LIVING2-CAR GARAGEUNIT 2 PORCH SLABBALCONY 1 (2ND FLOOR)BALCONY 2 (3RD FLOOR) 219 SQ. FT.727 SQ. FT.743 SQ. FT.1689 SQ. FT.483 SQ. FT.38 SQ. FT.50 SQ. FT.50 SQ. FT.

ADAPTABLE POWDER
UNITS 1 & 2 FLOOR PLANSA03
AS REQUIRED BYCBC SEC. 11A
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Item # 17.
2-CAR GARAGE21'-4" x 20'-1"

ENTRYPORCH
LIVING ROOM11'-0" x 12'-7"

PWDRWALK-INCLOSET
UP
39'-0"
21'-11 1/4"
34 SQ. FT.
16'-0"
ELEC.

FIRE
SOLID WASTE/FOOD SCRAPS CARTFIBER/METALS, PLASTICS & GLASS CART5'-0"6'-10 3/4"

BIKE STORAGESUSPENDEDFROM CEILING
BEDROOM 312'-6" x 11'-5"
BATH 3
FAMILY14'-2" x 14'-6"NOOK9'-6" x 7'-6"
BALCONY10'-11" x 6'-5"

PANTRYDN
UP
62 SQ. FT.

LINEN

WALK-INCLOSET
KITCHENBATH 2LNDY
BEDROOM 212'-6" x 12'-4"
PRIMARYBEDROOM14'-0" x 14'-6"PRIMARYBATH
LINEN

WALK-INCLOSET

WALK-INCLOSET
DN
342.043TTLC South Main StreetMilpitas, CANovember 29, 2022TTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 FIRST FLOOR PLANSECOND FLOOR PLANUNIT 3 SQUARE FOOTAGESFIRST FLOORSECOND FLOORTHIRD FLOORTOTAL LIVING2-CAR GARAGEPORCH SLABBALCONY 336 SQ. FT.882 SQ. FT.874 SQ. FT.2092 SQ. FT.489 SQ. FT.34 SQ. FT.62 SQ. FT. 01'2'3'4'8'

THIRD FLOOR PLAN
UNIT 3 FLOOR PLANSA04
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(STANDARD)UNIT 1(STANDARD)UNIT 2(REVERSE)UNIT 2(REVERSE)UNIT 1(REVERSE)UNIT 2(REVERSE)UNIT 1(REVERSE)UNIT 2 UNIT 1DECK86 SQ. FT.
(REVERSE)UNIT 1
14'-8"TYP. OF 4
6'-0"TYP.OF 4
UNIT 2DECK 150 SQ. FT.
5'-3 1/2"TYP. OF 410'-8 1/4"TYP. OF 4LINE OF FLOORABOVE, TYP.LINE OF WALLBELOW, TYP.UNIT 2DECK 150 SQ. FT.UNIT 2DECK 150 SQ. FT.UNIT 2DECK 150 SQ. FT.

UNIT 1DECK86 SQ. FT.UNIT 1DECK86 SQ. FT.UNIT 1DECK86 SQ. FT.LINE OF FLOORABOVE, TYP.LINE OF WALLBELOW, TYP. (STANDARD)UNIT 2(STANDARD)UNIT 1(REVERSE)UNIT 1(REVERSE)UNIT 2(REVERSE)UNIT 1(REVERSE)UNIT 2(REVERSE)UNIT 1(REVERSE)UNIT 2 139'-3"
40'-10"6'-0" 3'-0"
A/C PAD- TYP. OF 4
LINE OF FLOORABOVE, TYP.

LINE OFDECK ABOVELINE OFDECK ABOVELINE OFDECK ABOVE PORCHPORCHPORCHPORCH3x6 LADDER ACCESSPAD ZONE - TYP.- SEE SHEET A13 ELEC.FIRE

A/CPAD A/CPAD A/CPAD A/CPAD
342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 BUILDING TYPE A (8 UNIT) FIRST & SECOND FLOOR PLANSA0602'4'6'8'16'

SECOND FLOOR PLAN

FIRST FLOOR PLAN
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137'-3"
45'-11 1/2"3'-10 1/2"ROOF OF DECKBELOW, TYP.
(STANDARD)UNIT 1
(STANDARD)UNIT 2
(REVERSE)UNIT 1
(REVERSE)UNIT 2
(REVERSE)UNIT 1
(REVERSE)UNIT 2
(REVERSE)UNIT 1
(REVERSE)UNIT 2
14'-8"TYP. OF 46'-0"TYP.OF 4
10'-8 1/4"TYP. OF 45'-3 1/2"TYP. OF 4UNIT 2DECK 250 SQ. FT.UNIT 2DECK 250 SQ. FT.UNIT 2DECK 250 SQ. FT.UNIT 2DECK 250 SQ. FT.

2.5:122.5:12

2.5:122.5:12

2.5:12

2.5:122.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

COMPOSITIONSHINGLE ROOFING

2.5:12

2.5:12

2.5:12

2.5:122.5:12 2.5:12
SEE ELEVATIONSFOR MAXIMUMHEIGHT OF ROOFSEE ELEVATIONSFOR EAVE HEIGHTTOTAL EAVE LENGTH <30'-0" = 106'-9" = 29.2%OF ROOF PERIMETER 342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 BUILDING TYPE A (8 UNIT) THIRD FLOOR & ROOF PLANSA0702'4'6'8'16'THIRD FLOOR PLAN

ROOF PLAN
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(STANDARD)UNIT 1(REVERSE)UNIT 1(REVERSE)UNIT 2(REVERSE)UNIT 1(REVERSE)UNIT 2(STANDARD)UNIT 2 UNIT 1DECK86 SQ. FT.14'-8"TYP. OF 3
6'-0"TYP.OF 3
UNIT 2DECK 150 SQ. FT.
5'-3 1/2"TYP. OF 310'-8 1/4"TYP. OF 3LINE OF FLOORABOVE, TYP.LINE OF WALLBELOW, TYP.UNIT 2DECK 150 SQ. FT.UNIT 2DECK 150 SQ. FT.

UNIT 1DECK86 SQ. FT.UNIT 1DECK86 SQ. FT.LINE OF FLOORABOVE, TYP.LINE OF WALLBELOW, TYP. 105'-2"
40'-10"6'-0" 3'-0"
(STANDARD)UNIT 2(STANDARD)UNIT 1(REVERSE)UNIT 1(REVERSE)UNIT 2(REVERSE)UNIT 1(REVERSE)UNIT 2

LINE OFDECK ABOVELINE OFDECK ABOVEPORCHPORCHPORCH
LINE OF FLOORABOVE, TYP.
3x6 LADDER ACCESSPAD ZONE - TYP.- SEE SHEET A13
ELEC.FIRE

A/C PAD A/C PAD A/C PAD A/C PAD A/C PAD A/C PAD

2.5:122.5:12

2.5:122.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12COMPOSITIONSHINGLE ROOFING

2.5:12
SEE ELEVATIONSFOR MAXIMUMHEIGHT OF ROOFSEE ELEVATIONSFOR EAVE HEIGHTTOTAL EAVE LENGTH< 30'-0" = 76'-0" =25.4% OF ROOFPERIMETER (STANDARD)UNIT 1
(STANDARD)UNIT 2
(REVERSE)UNIT 1
(REVERSE)UNIT 2
(REVERSE)UNIT 1
(REVERSE)UNIT 2
ROOF OF DECKBELOW, TYP.
10'-8 1/4"TYP. OF 35'-3 1/2"TYP. OF 3UNIT 2DECK 250 SQ. FT.UNIT 2DECK 250 SQ. FT.UNIT 2DECK 250 SQ. FT. 14'-8"TYP. OF 3
6'-0"TYP.OF 3
342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 BUILDING TYPE B (6 UNIT) FLOOR & ROOF PLANSA0902'4'6'8'16'

SECOND FLOOR PLAN

FIRST FLOOR PLAN

THIRD FLOOR PLAN

ROOF PLAN
Milpitas, CANovember 29, 2022
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Item # 17.

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UNIT 1DECK86 SQ. FT.
(STANDARD)UNIT 2(STANDARD)UNIT 1(REVERSE)UNIT 1(REVERSE)UNIT 2 14'-8"TYP. OF 2
6'-0"TYP.OF 2UNIT 1DECK86 SQ. FT.

UNIT 3DECK62 SQ. FT.10'-10 3/4"TYP.
5'-3 1/2"TYP. OF 210'-8 1/4"TYP. OF 26'-5"TYP.UNIT 2DECK 150 SQ. FT. (STANDARD)UNIT 3
LINE OF FLOORABOVE, TYP.LINE OF WALLBELOW, TYP.

LINE OFFLOORABOVE, TYP.LINE OFWALLBELOW, TYP.
(REVERSE)UNIT 2(REVERSE)UNIT 1(STANDARD)UNIT 1(STANDARD)UNIT 2(STANDARD)UNIT 3 92'-4 3/4"
40'-10"6'-0" 3'-0"

PORCHPORCHPORCHLINE OFDECK ABOVE
LINE OF FLOORABOVE, TYP.LINE OFDECK ABOVE
3x6 LADDER ACCESSPAD ZONE - TYP.- SEE SHEET A13
ELEC.FIRE

A/C PAD A/C PAD A/C PAD A/C PAD A/C PAD
WD
(STANDARD)UNIT 3(STANDARD)UNIT 2(STANDARD)UNIT 1(REVERSE)UNIT 1(REVERSE)UNIT 2

LINE OFWALL BELOW
ROOF OF DECKBELOW, TYP.14'-8"TYP. OF 26'-0"TYP.OF 2
UNIT 2DECK 250 SQ. FT.10'-8 1/4"TYP. OF 25'-3 1/2"TYP. OF 2

SEE ELEVATIONSFOR MAXIMUMHEIGHT OF ROOFCOMPOSITIONSHINGLE ROOFING

2.5:122.5:122.5:12

2.5:122.5:12

2.5:122.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:12

2.5:122.5:12
SEE ELEVATIONSFOR EAVE HEIGHTTOTAL EAVELENGTH < 30'-0"= 83'-8" = 32.8%OF ROOFPERIMETER 342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 BUILDING TYPE C (5 UNIT) FLOOR & ROOF PLANSA11

SECOND FLOOR PLAN

FIRST FLOOR PLAN

THIRD FLOOR PLAN
02'4'6'8'16'THIRD FLOOR PLAN
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2%SLOPE
3rd FLR.
2nd FLR.
70°
LADDERPAD - SEEBLDG. PLANS70° GARAGEENTRY

BEDROOM
LIVING
CLO.
+/- 29'-11" = TYP. EAVE HEIGHT70° GARAGEENTRY

BEDROOM
LIVING
CLO.
342.043TTLC South Main StreetMilpitas, CATTLC Management, Inc. an Arizona Corp. 12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 LADDER ACCESS SECTIONSA1301'2'3'4'8'ATYPICAL EGRESS WINDOW DETAILBTYPICAL ROOFACCESS DETAIL Milpitas, CANovember 29, 2022
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Item # 17.
24 24
2424TREE 316TREE 341TREE 340TREE 338TREE 333TREE 332TREE 334TREE 330TREE 331TREE 328TREE 327TREE 319TREE 320TREE 321TREE 322TREE 323TREE 324 TREE 337TREE 336TREE 339FH TO BE RELOCATEDMONUMENT SIGNTO BE REMOVEDOVERHEAD POLETO BE REMOVEDOVERHEAD POLETO BE REMOVEDOVERHEAD POLE TO REMAIN. END JTUNDERGROUNDING (TELEPHONE & CATV)OVERHEAD TO BEUNDERGROUNDED,SEE NOTE 3.DRIVEWAY TOBE REMOVEDDRIVEWAY TOBE REMOVEDSIGN TO BEREMOVEDSD INLET TO BE REMOVEDSD INLET TO BE REMOVEDLIGHT TO BEREMOVEDLIGHT TOBE REMOVEDSD INLET TOBE REMOVEDSD INLET TOBE REMOVEDFIRE HYDRANTTO BE REMOVED OVERHEAD POLETO BE REMOVEDBUS STOP SIGNAND BENCH TOREMAINEX SWTO REMAINWOOD POSTS TOBE REMOVED (TYP)DRIVEWAY TOBE REMOVEDSIDEWALK + C&G TOBE REMOVED FORFUTURE DRIVEWAYEX SWTO REMAINSDMH TO REMAIN AND BEADJUSTED TO NEW GRADESTREETLIGHTTO REMAINELECTRICAL BOXTO REMAINSTREETLIGHTTO REMAIN S11°30'00"E 502.25' BNDY
S78°30'00"W 202.69' BNDY
S11°18'15"E 399.85' BNDYTREE 326TREE 325EX TREE TO REMAIN ANDBE PROTECTED IN PLACEEX TREE TOBE REMOVEDEX TREE TO REMAIN ANDBE PROTECTED IN PLACES78°41'45"W 203.03' BNDYTREE 335TREE 342TREE 315EX 10' SDE BK C972 PG 213EXCEPTION NO. 5 & 6TREE 318TREE 317 TREE 381TREE 382TREE 383TREE 384TREE 385
EX 10' SDE BK I625 PG 532EXCEPTION NO. 9EX 10' PSE BK I625 PG 536EXCEPTION NO. 10SIDEWALK + C&G TOBE REMOVED FORFUTURE DRIVEWAYREMOVE & REPLACE PAVEMENT FORNEW 15" SD PIPE INSTALLATIONCB TO REMAININSTALL POLE AND BEGINJT UNDERGROUNDING(TELEPHONE & CATV) 100' EX PSE BK D878 PG 729EXCEPTION NO. 8TREE 329SD MANHOLETO BE REMOVEDEXCEPTION NO. 6 & 7139.29' EX SDE BK C972 PG 213SDMH TO REMAIN AND BEADJUSTED TO NEW GRADEEX SDMH TOREMAIN IN PLACESIGN TO BEREMOVEDSIDEWALK + C&G TOBE REMOVED FOR SDINSTALLATIONEX SDCB TO BERETROFIT FORNEW PIPEC1.0EXISTING CONDITIONS/DEMOLITION PLANS. MAIN STREET PUBLIC SIDEWALK TO BE REMOVED = 1,600 SFHARDSCAPE TO BE REMOVED = 36,262 SFBUILDING TO BE DEMOLISHED = 27,520 SFLANDSCAPE TO BE REMOVED = 38,623 SFPROPERTY BOUNDARY = LIMIT OF DEMOLITION(SEE NOTE 1)EXISTING EASEMENTON-SITE TREE, # FROM ARBORIST REPORTTITLED "TREE INVENTORY REPORT - 612 S.MAIN STREET MILPITAS, CA" PREPARED BY,HORTSCIENCE/BARTLETT CONSULTING DATEDMAY 2022TREE TO BE REMOVEDSD PIPE TO BE REPLACED (SEE NOTE 4)NOTES:1.ALL ONSITE PRIVATE UTILITIES, UNDERGROUNDIMPROVEMENTS, AND SURFACE IMPROVEMENTS(INCLUDING TREES) ARE TO BE REMOVED WITHINPROJECT BOUNDARY UNLESS OTHERWISE NOTED.2.THE PROJECT WILL REMOVE 13 PROTECTED TRESSAND PLANT 26 REPLACEMENT TREES, IN ADDITION131 NEW TREES WILL BE PLANTED ON THEPROPERTY, HENCE MEETING THE CITY'S TREEREMOVAL PERMIT REQUIREMENTS OF 2:1REPLACEMENT RATIO. PLEASE REFER TOLANDSCAPE SHEET L-3 "TREE MITIGATION PLAN"FOR MORE DETAILS. FOR NEW TREE LOCATION ANDTYPE REFER TO LANDSCAPE SHEET "PRELIMINARYLANDSCAPE PLAN".3.OVERHEAD UNDERGROUND LIMITS ALONG PROJECTFRONTAGE SHALL BE CONFIRMED DURING THEDESIGN PHASE.4.EXISTING 12" SD & 18" SD PIPES ONSITE MAYBE PRESERVED IN PLACE IF MINIMUM HORIZONTALCLEARANCES TO THE NEW JOINT TRENCH SECTIONARE SATISFIED. IF THE JT UNDERGROUNDINGDESIGN ALLOWS FOR THE SD PIPES TO REMAINTHE EXISTING 12" SD SECTIONS SHALL BEUP-SIZED TO 15". REFER TO THE GEOTECHNICALMEMO TITLED "GEOTECHNICAL REVIEW OF STORMDRAIN EASEMENT SETBACK" DATED 10/11/2022 BYCORNERSTONE EARTH GROUP, CONFIRMING THAT NOEXERTED PRESSURE BY THE BUILDINGS WILLAFFECT THE EXISTING SD PIPES & STRUCTURES.THIS SHALL BE CONFIRMED DURING THE DESIGNPHASE.TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CA
LEGEND:

Milpitas, CA
Milpitas, CA
December 20, 202
488
Item # 17.

N76°25'19"E(R)6' FENCEAT P/LPRIVATE STREET BR=3'R=3'
R=48.5'PRIVATE STREET BPRIVATESTREET BS78°41'45"W 203.03' BNDYS11°30'00"E 502.25' BNDY S78°30'00"W 202.69' BNDY
S11°18'15"E 399.85' BNDY49 PARCEL APARCEL DPARCEL C3PARCEL B65 128PARCEL E7 PRIVATESTREET ATBF/CTBTWCTBF/CTWCTBTWCTBR=22'R=22'PRIVATE ALLEY EPRIVATE ALLEY DPRIVATE ALLEY C22'5' 10'
4'5'22'26'5.7'9'(TYP)12'4'5.7'4'2.5'4'93.6'5'5'5'
24'17'7.5'2.8'4'26'22'
26'EX 10'PSE4'
4'4'5'
5' 5.7'5.7'
6'4'26'DWY PERCOM STD DET 430
24'C&GMONOLITHIC S/W PER COM STDDET 427
37'C&G MONOLITHIC S/WPER COM STD DET 427
37'C&G MONOLITHIC S/WPER COM STD DET 42726'86.7'5'4'5.7'1236789 6-PLEXS. MAIN STREET45 6-PLEX5-PLEX6-PLEX6-PLEX6-PLEX8-PLEX8-PLEX6-PLEXBLDG 1BLDG 2BLDG 4BLDG 5BLDG 6BLDG 9BLDG 8BLDG 7BLDG 3EV5.7'5.7'10'11.1'15'2.5'5.7'5.7' 9'

12.5'SMALL CARSMALL CAR15.1'

46.1'32.8'43'61.5'15'10'9'4'
4'4'4'4'COMMON AREA(SEE LANDSCAPEPLANS)

12.1'

13.2'
WATER QUALITYBIORETENTION BASINRETAINING WALL2' MAX
R=18'6' FENCE OVERRETAINING WALL
24'DWY PERCOM STD DET 430
6' FENCEAT P/L6' FENCEAT P/L11.5'
1' 1'BEGIN FENCEINSTALLATIONEND FENCEINSTALLATION20.7'20.4'19.9' EX 10'SDE
EX 10'SDE
20'(TYP)30.3'20'5.5'R=2573.00'Δ=2°17'47"L=103.12'BNDY
S11°33'09"E 502.94'TOTAL BNDY 502.97'TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC2.0PRELIMINARY SITE PLAN 1#LEGEND:7- BUILDING NUMBER- ADA ADAPTABLE UNITS- AFFORDABLE UNITS- BUILDING NUMBER- PATH OF TRAVEL- RETAINING WALL- PARKING NUMBER- VALLEY GUTTER- PROPOSED SIDEWALK- CROSS SECTION SHOWNON SHEET C2.1- ELECTRICAL VEHICLE "CAPABLE"ABBREVIATIONS:BNDYBOUNDARYCOMCITY OF MILPITASDETDETAILD/WDRIVEWAYEXEXISTINGF/CFACE OF CURBPLPROPERTY LINEPSEPUBLIC SERVICE EASEMENTRRADIUSROWRIGHT OF WAYS/WSIDEWALKSTDSTANDARDTBTOP OF CONCRETE BANDTWCTOP OF WEDGE CURBAC2.1AC2.1AC2.1DC2.1BC2.1BC2.1CC2.1EC2.1FC2.1BC2.1 GC2.1EV KEYNOTES:TO SLAB ON GRADE PORCHTO 2ND STORY BALCONYTO BUILDINGINSTALL SIGN R3-5R "RIGHT TURN ONLY"WOOD FENCE OVER RETAINING WALL,PER LANDSCAPE DETAIL 4/SHEET L-4WOOD FENCE, PER LANDSCAPE DETAIL 3/SHEET L-42ND STORY BALCONY PROJECTION INTO SIDE YARD SETBACKINSTALL SIGNS "PRIVATE PROPERTY NO PARKING,UNAUTHORIZED VEHICLES WILL BE TOWED AT VEHICLEOWNER'S EXPENSE & RISK, 22658(a) CVC" + "PRIVATEPROPERTY NO TRESPASSING/LOITERING"SIDEWALK DIMENSION Milpitas, CA
Milpitas, CA
Milpitas, CA
December 20, 202
489
Item # 17.

TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC2.1SITE PLAN SECTIONS SECTION BNTS2.0%22'DRIVE AISLEPROPOSEDBLDG2%-10%5.67'D/W2%-10%ABACWEDGE CURB (TWC)SEE DETAIL THIS SHEETFLUSH CONCRETE BAND (TB)SEE DETAIL THIS SHEET5.67'D/W VERTICAL CURB10"6"12"6"(TYP)4"
12"18"4"3/4"6"WEDGE CURB AND GUTTERNTS4" MIN CLASS II AB10"FLUSH CONCRETE BAND4" MIN. CLASS II AB(TYP.)1/2" RNTS(TB) TOP OF CONC.BAND ELEV.6"8"6"DRIVEWAY APRONSLOPE VARIESTWC(TOP OF WEDGE CURB)

VERTICAL CURBNTS

2.0%26'PROPOSEDBLDG2%-10%ABACFLUSH CONCRETE BANDSEE DETAIL THIS SHEET5.67'D/WFCCURB & GUTTER(CITY STD DET 410)PROPOSEDBLDG4.4'2%4'S/WTBSECTION ANTSPROPOSEDBLDG SECTION CNTS20'PARKINGVALLEY GUTTER(SEE DETAILON THIS SHEET)6'S/WABCLVALLEYGUTTER3' VALLEY GUTTERNTS1"8" PCC6" CLASS IIAGG. BASE ACPRIVATE STREET B2%
3'PROPOSEDBLDG5.4'PROPOSEDBLDG26'DRIVE AISLE2%5.5'LANDSCAPEAB2%AC5'S/W15.9'LANDSCAPESECTION ENTSCURB & GUTTER(CITY STD DET 410)SECTION F44.2'±EX. SOUTH MAIN STREET9.4'±EX. S/WWITHLANDSCAPEPOCKETSNTS9.4'±EX. S/WWITHLANDSCAPEPOCKETSEXFCEXFCP/LEXROW63.0'±PROJECTSITE FLUSH TOBACK OFWALK (BOW)MATCH LIP OFGUTTER TOBACK OF WALKOR FLUSH CURBFULL HEIGHTCURB BEGINSCURB TO BOW TRANSITION AT ENTRANCENTSSECTION DNTS7.5'PARALLELPARKINGVALLEY GUTTER(SEE DETAILON THIS SHEET)4'S/WABMONOLITHIC6" VERTICALCURB AND S/WACPRIVATE STREET B2% FCTB

FCFCCLVALLEYGUTTER
FC

COMMON AREA(SEE LANDSCAPE PLANS)
FCVALLEY GUTTER(SEE DETAILON THIS SHEET)MONOLITHIC6" VERTICALCURB AND S/WPROPOSEDBLDGPROPOSEDBLDG4'S/W2%4.92'PORCHSECTION GNTSSTAIRS(2 MAX)VARIESS/WVARIESS/W4.92'PORCH4% Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
December 20, 202
490
Item # 17.
22' EVAEPUE, PRAE26' EVAEPUE, PRAE
EX 10' PSE BK I625 PG 536EXCEPTION NO. 1026'EVAE, PUE, PAE22' EVAEPUE, PRAE26' EVAEPUE, PRAE FLOOD ZONE "AO" FLOOD ZONE "X"SMALL CARSMALL CAR22' EVAEPUE, PRAE49 PARCEL APARCEL DPARCEL C3PARCEL B65 128PARCEL E724'EVAE, PUE,PRAEN78°41'45"E 203.03' BNDYN11°18'15"W 150.74' BNDYN11°18'15"W 249.11' BNDYS11°30'00"E 150.05' BNDYS11°30'00"E 352.20' BNDY N78°30'00"E 202.69' BNDYR=2573.00'Δ=2°17'47"L=103.12' EXISTING PROPERTY LINETO BE REMOVED(WITH FINAL MAP)63.0'±EX. RIGHT OF WAY100' EX PSE BK D878 PG 729EXCEPTION NO. 87004± SF16566± SF27332± SF36611± SF46721± SF56991± SF6 7615± SF710313± SF810395± SF9 2501± SFPARCEL A2501± SFPARCEL B6650± SFPARCEL C2501± SFPARCEL D18704± SFPARCEL E 113'89'30'120'162'26'60'63'26'113'61'22'59'71'58'22'64'60'22'61'61'113'113'113'113'113'93'111'111'93'71'18'18'113'113'22'11'10'34'10'64'22'56'L=3'L=3'57'22'61' 45'L=28'102'140'L=34'42'63'
42'L=34'141'

1.67'PUE

1.67'PUE1.67'PUE1.67'PUE1.67'PUE1.67'PUE1.67'PUE1.67'PUEPUE POP-OUTSFOR WM3.9'2.2'2.4'2.6'(TYP)2.2' (TYP)4.5'2.3'2.2'

2.5'3.3'2.2'

2.7'2.6'2.2'PUE POP-OUTSFOR WMPUE POP-OUTSFOR WMPUE POP-OUTSFOR WMPUE POP-OUTSFOR WMPUE POP-OUTSFOR WMPUE POP-OUTSFOR WMPUE POP-OUTSFOR WMEXCEPTION NO. 5 & 6EX 10' SDE BK C972 PG 213139.29' EX SDE BK C972 PG 213EXCEPTION NO. 6 & 7EX 10' SDE BK I625 PG 532EXCEPTION NO. 9 TO BETTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC3.0VESTING TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TENTATIVE MAP NOTES:1.OWNER (610 S. MAIN STREET): NATWARLAL M. PANCHAL & GITA N. PANCHALLIVING TRUSTMILPITAS, CA 95035 OWNER (612 S. MAIN STREET): DJP ENTERPRISES, LLC. 1895 ZENATO PLPLEASANTON, CA 945662.APPLICANT: TTLC MANAGEMENT, INC.12647 ALCOSTA BOULEVARD, SUITE 470SAN RAMON, CA 94583CONTACT: LEAH BENISTONPHONE (925) 380-16993.ENGINEERMACKAY & SOMPS5142 FRANKLIN DR, SUITE BPLEASANTON, CA 94588-3355CONTACT: CHRIS GUENTHER/ MARIANA MENAPHONE: (925) 225-06904.PROJECT ADDRESS: 610 & 612 S. MAIN STREET, CA 945355.SUBDIVIDED AREA:2.35± ACRES6.DENSITY: 24 DWELLING UNITS/ACRE7.NUMBER OF LOTS/UNITS:6 UNITS EACH FOR BUILDING 1, 3-78 UNITS EACH FOR BUILDING 8-95 UNITS FOR BUILDING 2YIELD 57 TOWNHOME UNITSLOT A - B AND D-E ARE FOR PRIVATE STREETSAND LOT C FOR COMMON PLACE8.MINIMUM LOT SIZE:BLDG LOT 4 - 6,742 SF AND STREET PARCELA,B & D - 2,629 SF9.EXISTING ZONING/USE:MIXED-USE (MXD)/SERVICE COMMERCIALRETAIL10.PROPOSED ZONING/USEMIXED-USE (MXD)/RESIDENTIAL11.ASSESSOR'S PARCEL NUMBER: 086-25-027 & 086-25-02812.PARK DISTRICT: MILPITAS RECREATION SERVICES DIVISION13.FIRE PROTECTION:MILPITAS FIRE DEPARTMENT14.SEWER SYSTEM: CITY OF MILPITAS15.WATER SYSTEM:CITY OF MILPITAS16.STORM DRAIN:CITY OF MILPITAS17.GAS & ELECTRICITY:PG&E18.TELEPHONE:AT&T COMCAST19.CABLE:AT&T COMCASTBASIS OF BEARINGS:N18°47'49"E BETWEEN FOUND STREET MONUMENTS INSOUTH MAIN STREET, PER PARCEL MAP RECORDED IN BOOK345 OF MAPS, AT PAGE 43, SANTA CLARA COUNTY RECORDS.BASIS OF ELEVATIONS:CITY OF MILPITAS BENCHMARK ABE-CUR FOUND BRASS DISKSET IN MONUMENT WELL AT THE INTERSECTION OF SOUTH ABELSTREET AND CURTIS AVENUE. ELEVATION = 24.147' (NAVD88) PARKWAYSOUTH ABEL STREETHAMMOND WAYCURTIS AVENUESITESOUTH MAIN STREETGREAT MALLABBREVIATIONS:BNDY - BOUNDARYEX - EXISTINGEVAE- EMERGENCY VEHICLE ACCESS ENTRANCEPRAE - PRIVATE ACCESS EASMENTPSE- PUBLIC SERVICE EASEMENTPUE- PUBLIC UTILITY EASEMENTSDE- STORM DRAIN EASEMENTEXISTING PROPERTY BOUNDARYEXISTING PROPERTY LINEEXISTING LOT LINE OR RIGHT-OF-WAYEXISTING EASEMENTPROPERTY LINEFEMA FLOOD ZONE DELINEATION LINEPROPOSED PUE TO SERVE SS LINELEGEND:VICINITY MAP(NOT TO SCALE)20. FLOOD ZONE: PER THE SHAAF & WHEELER MEMORANDUM DATED JUNE 16,2021 THE SITE IS PARTIALLY IMPACTED BY ZONE "AO", FIRM MAP 06085C0067JDATED FEBRUARY 19, 2014. A CLOMR SHALL BE PROCESSED TO CONFIRMSITE CAN BE REMOVED FROM FLOOD PLAIN WITH A LOMR PROCESSED AFTERGRADING IS COMPLETE. REFER TO THE REPORT FOR MORE INFORMATION.21. UNLESS OTHERWISE SPECIFICALLY STATED IN THE CONDITIONS OFAPPROVAL LOCAL AGENCY APPROVAL OF THIS MAP SHALL CONSTITUTE ANEXPRESS FINDING THAT THE PROPOSED DIVISION AND DEVELOPMENT OFTHE SUBJECT PROPERTY WILL NOT UNREASONABLY INTERFERE WITH THEFEE AND COMPLETE EXERCISE OF RIGHTS DESCRIBED IN GOVERNMENTCODE SECTION 66436(a)(3)(A)(i).22. UTILITY SIZES AND LOCATION, STREET GRADES AND LOT DIMENSIONS AREPRELIMINARY AND SUBJECT TO FINAL ENGINEERING DESIGN AND HOUSEPLOTTING.23. ALL SEWER AND POTABLE WATER MAINS ARE PUBLIC. STORM DRAIN LINES INTHE STREET ARE PUBLIC AND THE OTHERS ARE PRIVATE .24. THE DEVELOPER INTENDS TO FILE AIRSPACE CONDOMINIUM PLANS FORCONDOMINIUM UNITS AFTER THE FINAL MAP APPROVAL, UP TO 57CONDOMINIUM UNITS MAY BE CREATED ON LOTS 1-9.25. PUBLIC UTILITY EASEMENTS WILL BE GRANTED OVER PRIVATE STREETS, ANDEACH ALLEY, TO ALLOW ACCESS TO THE PUBLIC AND INSTALLATION OFPUBLIC UTILITIES. ADDITIONAL EASEMENTS WILL BE ADDED TO THE FINALMAP.26. THE PROJECT SITE HAS A GENERAL PLAN DESIGNATION OF MILPITASGATEWAY SPECIFIC PLAN (MGSP), AND IS ALSO WITHIN THE MIDTOWNSPECIFIC PLAN AREA.27. THERE IS AN EXISTING EASEMENT AFFECTINGTHE SUBJECT PROPERTY THAT ISNON-PLOTTABLE. THE EASEMENT IS IN FAVOROF PACIFIC TELEPHONE & TELEPGRAPH CO.,FOR INSTALLATION AND MAINTENANCE OFELECTRICAL POLES AND INCIDENTALPURPOSES, RECORDED JULY 18, 1948 AS BOOK1815, PAGE 523 OF OFFICIAL RECORDS.

Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
December 20, 202
491
Item # 17.

SMALL CARSMALL CAR
55BOW 24.10TC25.5226.0 TBHP 26.33 TB26.0 TBTC/LP 25.95TC 26.2TC 26.27TC 26.4TC 24.68TC 24.61HP 24.72 TBTWC 24.610.5%0.8%0.5%0.5%0.8%0.5%1.5%

0.5%0.5%0.8%0.5%EG24.48EG24.26EG24.78EG23.77MATCH BOW24.63MATCH BOW24.54MATCH TC23.87MATCH TC23.92 TB 24.611.6%FS 25.251.4%FS 25.40.5%0.5%2.2%TB 26.111.6%FS 26.751.5%HP/FS26.90.5%0.5%FF 25.5P 24.5FF 27.0P 26.0FF 27.0P 26.0FF 25.5P 24.5FF 27.0P 26.0WATER QUALITYBIORETENTION BASIN882% MAXIN ALLDIRECTIONSTC 26.0TC 26.3TC/GB24.93TC 24.78TC/LP 24.38TC24.76TB 24.402.9%1.8%FS 24.022.2%TC 25.00.5%2.5%1.5%0.5%BOW24.073.2%2.4%(24)(24)(24) (24)
(25)SDCBGR 24.28INV 20.28SDCBGR 24.22INV 19.76SDJBGR 23.0INV 19.70 (IN)INV 16.69 (THRU)SDCBGR 23.88INV 16.271144 3333PRIVATE STREET BPRIVATE ALLEY CPRIVATESTREET APRIVATE ALLEY D1.2%4"SD PIPEINV 24.8SD OVERFLOW INLETGR 24.63/FG 23.8INV 20.3SD PUMPINV 15.7SDCBGR 25.81INV 21.26SDJBGR 25.65INV 21.2 (IN)INV 19.7 (THRU)SDCBGR 25.78INV 21.78S=0.044SDCBGR 24.12INV 20.12SDMHGR 24.13INV 19.39 (IN) NEW 12"TSDINV 15.23 (THRU) 15"SD22 66TC 23.86TB 23.61TC 23.970.5%TWC 23.61SDCBGR 23.58INV 18.76LP 23.83 TBTB 24.080.5%TB 24.0FF 24.5P 23.5FF 24.5P 23.5EG24.71 MATCH BOW23.47BOW 23.5MATCH TC23.21MATCH TC23.32BOW 23.4EG23.41EG23.61EG24.03EG24.73EG24.44EG24.35SDCBGR 23.78INV 18.69 (IN)INV 17.19 (THRU)SDCBGR 23.52INV 18.26SDCBGR 23.28INV 19.28SDJBGR 24.06INV 16.10 (IN-N)INV 19.76 (IN-W)INV 19.02 (IN-S)0.8%0.8%1.5%1.5%TWC 26.11FF 25.5P 24.5FLUSH CURBFS 24.430.5%2.8%FS 25.250.5%TB 24.2TB 24.35TC23.802.8%0.5%FS 24.10.5%FS 24.230.5%0.5%FS 24.12%2.3%SDCBGR 25.45INV 21.45

2.0%HP/TWC24.83HP/TB24.83FS 24.01.8%0.5%TC23.581.2%FS 23.66FS 24.00.5%FS 24.130.5%0.5%FS 24.0HP/TB23.83HP/TWC23.831.3%SDCBGR 22.6INV 18.6FF 24.5P 23.50.9%HP 24.23GB 24.31(24)(24)(25)(25)(24) EG24.26S=0.01
PRIVATE ALLEY DEG23.88S=0.025SDMHGR 23.1INV 18.4FS 26.75HP/TB26.33HP/TWC26.3377 222' MAXRETAINING WALL

EX SDMH TO REMAINGR 23.27INV 14.08 INSDFI/GR 24.3INV 15.17 (IN) 15"SDINV 15.17 (THRU) 15"SDSDMHRIM 24.8INV 14.54 (18" OUT)INV 14.79 (15" IN)EX SDMHGR 24.6INV 15.79C4.0PRELIMINARY GRADING AND DRAINAGE PLANS. MAIN STREET4'S/WSECTION 4NTSPL7.2'3'L/S2%5'SECTION 2NTSSECTION 5NTSBLDGPL4 STEPSW/HANDRAIL2%S. MAIN STREET(EX S/W) FENCE W/12"HEADERBOARD ATPROPERTY LINEBLDGBLDG2'PLFENCE W/12"HEADERBOARD ATPROPERTY LINE3 STEPS(MAX)2%4'S/WSECTION 1NTSPL3.0'L/S2%FENCE W/12" (MAX)HEADERBOARD ATPROPERTY LINE4.92'LANDING4'S/W4.92'LANDING10' EX SDE/PUEEX ESMTABBREVIATIONS:BOWBACK OF WALKEGEXISTING GROUNDINVINVERTFF FINISH FLOORFGFINISH GROUNDGRGRATE ELEVATIONHPHIGH POINTLPLOW POINTPPADSDMHSTORM DRAIN MANHOLESDCBSTORM DRAIN CATCH BASINSDJBSTORM DRAIN JUNCTION BOXTBTOP OF CONCRETE BANDTCTOP OF CURBTSDTREATED STORM DRAINTWCTOP OF WEDGE CURBUSDUNTREATED STORM DRAINFCCURB & GUTTER(CITY STD DET 410)2%4'S/WBLDG6"UTILITY CLOSETSLAB 1 FT LOWERTHAN BLDG FF2'PRIVATESTREET BSECTION 3NTS 2%NOTE:1. ALL SD PIPES SHALL SLOPE AT S=0.005UNLESS OTHERWISE NOTED.

THE EARTHWORK SUMMARY IS PROVIDED AS A COURTESY ANDCONVENIENCE TO THE CONTRACTOR. THE EXCESSES OR SHORTAGESSHOWN ARE APPROXIMATE CALCULATED QUANTITIES BASED ON THEDIFFERENCES BETWEEN EXISTING GROUND ELEVATIONS AND ROUGHGRADE ELEVATIONS. THE VOLUME OF DIRT MOVED IN THE FIELDWILL IN ALL LIKELIHOOD DEVIATE TO SOME EXTENT FROM THECALCULATED VOLUME. THE EARTHWORK SUMMARY DOES NOTRELIEVE THE CONTRACTOR OF HIS RESPONSIBILITY REQUIRED TODETERMINE FOR HIMSELF THE QUANTITY OF EARTHMOVING THATWILL BE REQUIRED TO ROUGH GRADE THIS JOB. IT ISUNDERSTOOD THAT THE CONTRACTOR'S BID PRICE FOR ROUGHGRADING THIS JOB IS BASED ON THE CONTRACTOR'S OWNEARTHWORK ESTIMATE AND INCLUDES PROVISION FOR ANY GRADEADJUSTMENTS REQUIRED TO BRING THE JOB TO THE ROUGH GRADE,AS DEFINED ON THE PLANS.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE IMPORT/OFFHAULTO BALANCE THE SITE.NOTES:1.TRENCH SPOILS ARE CALCULATED FOR GRAVITY PIPES ONLYAND ANTICIPATE A TRENCH SECTION OF THE PIPE DIAMETERPLUS 6" ON EITHER SIDE NON-NATIVE BACKFILL TO THE PIPECROWN AND NON-NATIVE BACKFILL WILL BE USED TOSUBGRADE.2.ASSUMES LOT SPOILS OF 100/CY PER BUILDING.3.EARTHWORK ASSUMES THAT THE BUILDING SLAB (6"PCC) ANDTHE PARKING LOT (3"AC) WILL BE OFF-HAULED. SHOULDTHIS MATERIAL BE REUSED ONSITE, EARTHWORK QUANTITIESSHOULD BE ADJUSTED ACCORDINGLY.4.PAD GRADES AS SHOWN WERE CALCULATED ASSUMING ADIFFERENCE BETWEEN FINISH FLOOR AND PAD OF 12" TOACCOUNT FOR THE FOUNDATION (INCLUSIVE OF CONCRETE,IMPERVIOUS BARRIER, SAND AND THE LIKE). ANY DIFFERENCEIN THIS SLAB THICKNESS MUST BE BROUGHT TO THEATTENTION OF THE DESIGN ENGINEER IMMEDIATELY. THISPLAN SET AND THE PAD GRADES SHOWN MAY NEED TO BEREVISED IF THE FINAL SLAB THICKNESS DIFFERS FROMABOVE, WHICH MAY IMPACT EARTHWORK CALCULATIONS.EARTHWORK SUMMARY:
4'S/WSECTION 6NTSPL2%FENCE ATPROPERTY LINE7.2'L/SSECTION 7NTSPL5'SECTION 8NTS4:1BLDG2'PLRETAINING WALLW/FENCE AT PROPERTYLINE (2' MAX)MAX 4:1MAX6"8'BLDGBLDGDRAINAGE ATLOW SPOT3'L/SDRAINAGE ATLOW SPOT6"BIORETENTION TREATMENT AREADRAINAGE ATLOW SPOT DRAINAGE ATLOW SPOTTTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CA
RETAINING WALLW/FENCE AT PROPERTYLINE (2' MAX)
Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
December 20, 202
492
Item # 17.

SMALL CARSMALL CAR49 PARCEL APARCEL DPARCEL C3PARCEL B65 128PARCEL E76'7'10'2'1'11'1'11'10'6'10'1'11'10'12'10'3' S78°41'45"W 203.03' BNDYS11°30'00"E 502.25' BNDY
S78°30'00"W 202.69' BNDY
S11°18'15"E 399.85' BNDY21'3'1'61.5'33'1'PRIVATE STREET BPRIVATE ALLEY DRELOCATED FHINTERCEPT EX 18" SSINSTALL NEW SSMH ANDCONNECT NEW SS SYSTEMCONNECT 8"W TO EX 8"WSYSTEM PER COM STANDARDS STORMWATER PUMPED TOBIORETENTION BASINFOR TREATMENTSD PUMPBIORETENTIONBASIN - WQ(2,300 SF)OVERFLOWDROP INLETPRIVATE ALLEY E

PRIVATE ALLEY C
CONNECT 8"W TO EX8"W SYSTEM PERCOM STANDARDSPRIVATE STREET BFIRE RISER ROOM(TYP)IRRIGATION LINE TOCONNECT TO EX 8"W SYSTEMPER COM STANDARDSIRRIGATION LINEEX POWER POLE TO BE REMOVEDEX POWER POLE TO REMAINEX POWER POLE TO REMAINW (TYP)FW (TYP)EX POWER POLE TO REMAINFHBLDG 4BLDG 9BLDG 3BLDG 6BLDG 5BLDG 1BLDG 2BLDG 8BLDG 71.67'PUE

1.67'PUE1.67'PUE1.67'PUE1.67'PUE1.67'PUE1.67'PUE

WBFDCDBDCDBDCDBRPBPDCDB

DCDBDCDBDCDBDCDBWMWMRPBPWMWMRPBPWMRPBP

WMWMRPBPRPBPWMPIVFDCPIVFDCPIVFDCPIVFDCPIVFDC
RPBPDCDBFDCPIVFDCPIVDCDBPIVFDCRPBPPIVFDC1.67'PUEPUE FOR WMSEE NOTE 10EX SDMH TO REMAIN,CONTRACTOR TORETROFIT MANHOLE TOACCEPT NEW SD PIPEEX POWER POLE TO REMAIN5'FHFHFHFHPRIVATE STREET AEX SDCB TO REMAIN,CONTRACTOR TORETROFIT SDCB TOACCEPT NEW SD PIPEEX SDMH TO REMAIN,CONTRACTOR TORETROFIT MANHOLE TOACCEPT NEW SD PIPE EX 10'PSEEX 10'SDEEX 10'PSE
EX 10'SDE
SS LINESBACK OF CURB8' DWYSS16' DWYSS LATERAL@ D/W CL1.67'PUE5.67' TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC5.0PRELIMINARY MASTER UTILITY PLAN BOUNDARY LINERIGHT OF WAYSTORM DRAIN, MANHOLEAND CURB INLETCATCH BASINJUNCTION BOX / DROP INLETSTORM DRAIN SUMP PUMPWATER LINE AND VALVESSANITARY SEWER AND MANHOLEFIRE HYDRANTBIO-RETENTION BASINWATER METERREDUCED PRESSUREBACKFLOW PREVENTERDOUBLE DETECTOR CHECK VALVEFIRE DEPARTMENT CONNECTIONPOST INDICATOR VALVEPROPOSEDEXISTINGABBREVIATIONSBNDY- BOUNDARYRPBP- REDUCED PRESSURE BACKFLOW PREVENTERCOM-CITY OF MILPITASDCDC-DOUBLE CHECK DETECTOR BACKFLOWESMT- EASEMENTEX-EXISTINGFDC-FIRE DEPARTMENT CONNECTIONFH-FIRE HYDRANTFW-FIRE WATERPIV -POST INDICATOR VALVESD- STORM DRAINSDMH - STORM DRAIN MANHOLESS- SANITARY SEWERSSCO- SANITARY SEWER CLEANOUTSSMH - SANITARY SEWER MANHOLESWQ- STORM WATER QUALITYTSD - TREATED STORM DRAIN LINEUSD - UNTREATED STORM DRAIN LINEW- WATER LINE (DOMESTIC)WM-WATER METERWQ-WATER QUALITYLEGENDNOTES:1.ALL 8" WATER MAINS ARE TO BE PROPOSED PUBLICAND SERVED BY THE CITY OF MILPITAS. WATERPIPES ARE TO BE TO BE CLASS 200 AWWA C9002.ALL 8" SEWER LINES ARE PROPOSED TO BE PUBLICAND SERVICED BY THE CITY OF MILPITAS.SANITARY SEWER PIPES ARE TO BE SDR-26 PVC.3.ALL STORM DRAIN LINES ARE PROPOSED TO BEPRIVATE AND SERVICED BY THE HOA.4.ALL STORM AND SEWER LINES ARE PRELIMINARYAND SUBJECT TO REVISION WITH THE PREPARATIONOF IMPROVEMENT PLANS.5.ALL STORM DRAIN INLETS SHALL HAVE FULL TRASHCAPTURE DEVICES.6.FULL TRASH CAPTURE DEVICES” ON EVERY STORMDRAIN INLET OR A LARGER FULL TRASH CAPTUREDEVICE ON THE PROPERTY'S STORM DRAIN OUTFALLTO TREAT ALL RUNOFF FROM THE DEVELOPED SITEFOR TRASH. A FULL TRASH CAPTURE SYSTEM ASDEFINED BY THE SAN FRANCISCO REGIONAL WATERQUALITY CONTROL BOARD IS ANY SINGLE DEVICE ORSERIES OF DEVICES THAT TRAPS ALL PARTICLESRETAINED BY A 5 MILLIMETER MESH SCREEN AND HASA DESIGN TREATMENT CAPACITY OF NOT LESS THANTHE PEAK FLOW RESULTING FROM A ONE-YEAR,ONE-HOUR, STORM IN THE SUB-DRAINAGE ORDESIGNED TO CARRY AT LEAST THE SAME FLOW ASTHE STORM DRAIN CONNECTED TO THE INLET. THEDEVICE(S) MUST ALSO HAVE A TRASH RESERVOIRLARGE ENOUGH TO CONTAIN A REASONABLE AMOUNTOF TRASH SAFELY WITHOUT OVERFLOWING TRASHINTO THE OVERFLOW OUTLET BETWEEN MAINTENANCEEVENTS.” (RQWCB ORDER NO. R2-2015-0049, SECTIONC.10.A.III)7.ALL PROPOSED PIPES HAVE AT LEAST A 12" MINIMUMVERTICAL CLEARANCE.8.REFER TO STORM WATER CONTROL REPORT FORSUMP PUMP DETAILS.9.ALL SSCO BOX EDGE SHALL BE SET 6" BEHIND CURBAND BE WITHIN THE NEW 1.67' PUE.10.ALL WMs TO HAVE PUE POP-OUTS. THE PUE OUTLINESHALL BE SET 6" FROM THE EDGE OF THE BOX ALONGIT'S ENTIRE PERIMETER.S. MAIN STREET TYPICAL SS LOT SERVICESCALE 1" = 10'DDCVWMRPBPPIVFDC
Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
Milpitas, CA
December 20, 202
493
Item # 17.

PRIVATE STREET BPRIVATE ALLEY DPRIVATE STREET APRIVATE ALLEY E PRIVATE ALLEY CS78°41'45"W 203.03' BNDY
S78°30'00"W 202.69' BNDY
S11°18'15"E 399.85' BNDYPRIVATE STREET BS11°30'00"E 502.25' BNDYSMALL CARSMALL CAR TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC6.0CONCEPTUAL STORM WATER MANAGEMENT PLANS. MAIN STREETDRAINAGE SHED BOUNDARYDRAINAGE MANAGEMENT AREA NUMBERDMA 1TREATMENT AREA - BIORETENTION BASINLEGEND:DMA 1FIGURE 6-5 OF THE SCVURPPP C.3 GUIDANCE DOCUMENT DATED JUNE 2016TYPICAL BIO-RETENTION CELL INSTALLATION DETAILNTSBIOTREATMENT SOIL REQUIREMENTSPRIOR TO ORDERING THE BIOTREATMENT SOIL MIXOR DELIVERY TO THE PROJECT SITE, CONTRACTORSHALL PROVIDE A BIOTREATMENT SOIL MIXSPECIFICATION CHECKLIST, COMPLETED BY THE SOILMIX SUPPLIER AND CERTIFIED TESTING LAB.

IMPERVIOUS AREA - PAVEMENTIMPERVIOUS AREA - BUILDING INCLUDING PORCHESIMPERVIOUS AREA - WALKWAY AND DRIVEWAYS NOTES:1.BIORETENTION BASIN SIZING IS PER THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTIONPREVENTION PROGRAM(SCVURPPP) C.3 STORMWATER HANDBOOK DATED JUNE 2016 APPENDIX B- BIORETENTION BASIN SIZING SECTION IV.B SIZING FOR FLOW AND VOLUME BASEDTREATMENT MEASURES BASED ON UNIFORM INTENSITY APPROACH.2.PER THE SCVURPPP C.3 DATA FORM, THE PROJECT IS EXEMPT FROM HYDROMODIFICATIONSINCE THE PROJECT IS LOCATED OUTSIDE THE HM APPLICABILITY MAP (GREEN AREA).

SELF TREATING AREADMA 2DMA 2DMA 2BIORETENTION AREA
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49 PARCEL APARCEL DPARCEL C3PARCEL B65 128PARCEL E7SMALL CARSMALL CAR PRIVATESTREET ASOUTH MAIN STREET26'EVAE108'PRIVATE STREET BFHFH120-FT HAMMERHEAD PER THECALIFORNIA FIRE CODE APPENDIXD - FIRE APPARATUS ACCESS ROADR=28'R=22'R=22'26'

PRIVATE ALLEY DPRIVATE ALLEY E
PRIVATE ALLEY C105'120'SP95 MilpitasSP95 MilpitasSP95 Milpitas20'26'EVAE R18'PRIVATE STREET B250' RADIUS CENTERED AT FH250' RADIUS CENTERED AT FH 250' RADIUS CENTERED AT FH
R=28'S78°41'45"W 203.03' BNDYS11°30'00"E 502.25' BNDY
S78°30'00"W 202.69' BNDY
S11°18'15"E 399.85' BNDYFHFIRE RISER ROOM(TYP)24'EVAE20' R=28'FHFHFH
30°60°90°120°180°28.0 ft INSIDEMax Kickout 2.676ftSP95 Milpitas6.6'21'18.5'48.5 ftOUTSIDE TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC7.0PRELIMINARY FIRE TRUCK ACCESS PLANMILPITAS FIRE TRUCK TEMPLATENTSNOTE: TURN(S) BASEDUPON A DESIGN SPEEDOF 5MPH.

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SMALL CARSMALL CAR
PRIVATESTREET ASOUTH MAIN STREET49 PARCEL APARCEL DPARCEL C3PARCEL B65 128PARCEL E7UNITS IN BUILDINGS 3 +INCLUDING 2 UNITS OF BLDG 2TO BRING WASTE BINS OUTTO STREET B FOR PICK UP 26'PRIVATE STREET BPRIVATE ALLEY DPRIVATE ALLEY EPRIVATE STREET BPRIVATE ALLEY CPRIVATESTREET BUNITS IN BUILDING 9TO BRING WASTE BINS OUTTO THEIR DRIVEWAYSUNITS IN BUILDING 7TO BRING WASTE BINS OUTTO THEIR DRIVEWAYSUNITS IN BUILDING 8TO BRING WASTE BINS OUTTO THEIR DRIVEWAYSUNITS IN BUILDINGS 1 &1 UNIT OF BUILDING 2 TOBRING WASTE BINS OUTTO STREET B FOR PICK UP2 UNITS OF BUILDING 2TO BRING WASTE BINS OUTTO STREET B FOR PICK UPBLDG 1BLDG 2BLDG 4BLDG 5BLDG 6BLDG 9BLDG 8BLDG 7BLDG 326'26'UNITS IN BUILDINGS 6TO BRING WASTE BINS OUTTO STREET B FOR PICK UPUNITS IN BUILDINGS 5TO BRING WASTE BINS OUTTO STREET B FOR PICK UPUNITS IN BUILDINGS 4TO BRING WASTE BINS OUTTO STREET B FOR PICK UP2 UNITS OF BUILDING 2TO BRING WASTE BINS OUTTO STREET B FOR PICK UP 30°60°90°120°150°180°
Max Kickout 0.179ftMilpitas Garbage Truck5.9'20.4'8'
TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC8.0PRELIMINARY SOLID WASTE HANDLING PLANGARABE TRUCK TEMPLATENTSTYPICAL CONTAINERS PER UNITNTS3'3'3'12LEGEND:DENOTES NUMBER OF 3'X3' WASTE CARTS1st CART - GARBAGE(SOLID WASTE/FOOD SCRAPS)2nd CART - RECYCLING(FIBER/METALS, PLASTIC AND GLASS)6'GENERAL NOTES:GARBAGE/RECYCLING COLLECTION1.ALL WASTE CARTS WILL BE PLACED ALONG CURB.2.THE GREEN CART USED FOR YARD TRIMMINGS IS NOT INCLUDED SINCE THIS IS A TOWNHOMEPROJECT AND ALL LANDSCAPE WORK WILL BE HANDLED BY THE HOA.3.WASTE CARTS ARE ASSUMED TO BE 3'x3' MAX IN PLAN DIMENSION. (MANY CARTS ARESMALLER).4.IT IS ASSUMED THAT ALL CARTS ARE COLLECTED ON THE SAME DAY, ONE TIME PER WEEK Milpitas, CA
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PRIVATESTREET ASOUTH MAIN STREETPRIVATE ALLEY DPRIVATE STREET BPRIVATESTREET BPRIVATE STREET BSMALL CARSMALL CARPRIVATE ALLEY C PRIVATE ALLEY EAREA 3INCLUDES BENCH AREA FOROUTDOOR SEATING.AREA 2INCLUDES BENCH SEATINGAREA AND WALKWAY PASEOS.AREA 1INCLUDES PARK, PLAYGROUND EQUIPMENT, PICNICAREAS, BIKE RACKS, AND SIDEWALKS THAT LEAD TOMAIN COMMUNITY AREA FOR OUTDOOR ACTIVITIES.

37.7'106.2'79'93.7'

9.6'28.1'20'14.2'AREA 4USABLE OPEN SPACE(LANDSCAPE)TTLC Management, Inc. an Arizona Corp.12647 Alcosta Blvd., Suite 470 San Ramon CA 94583925.824.4300 342.043TTLC South Main StreetMilpitas, CAC9.0OPEN SPACE EXHIBIT LEGEND:USABLE OPEN SPACEAREA 4 = 19,602 SF/0.45 ACPRIVATE RECREATIONAL AREAAREA 1 = 7,400 SF/0.17 ACAREA 2 = 2,124 SF/0.049 ACAREA 3 = 796 SF/0.018 ACTOTAL = (10,320 SF/0.24 AC)OPEN SPACE SUMMARYDESCRIPTIONMUNI CODE/MIDTOWN SPECIFIC PLAN REQUIREMENTREQUIRED PARKS AND OPEN SPACE (AC)PROVIDED PARKS AND OPEN SPACE (AC)RESIDENTIAL OPEN SPACEREQUIREMENTA MINIMUM OF 25 PERCENT OF THE TOTAL SITE SHALL BEUSABLE OPEN SPACE OR RECREATIONAL FACILITIES. BALCONIES,PORCHES, OR ROOF DECKS MAY BE CONSIDERED USABLE OPENSPACE WHEN PROPERLY DEVELOPED FOR WORK, PLAY, OROUTDOOR LIVING AREAS.25% X 2.35 = 0.59 ACUSABLE OPEN SPACE = 0.45 ACPARK AND OPEN SPACE (MUNICODE XI-10-6.04C)3.5 ACRES OF PARKLAND PER 1000 POPULATION. UP TO 112 OFEACH 312 TOTAL PARK ACRES REQUIRED (43%) MAY BE SATISFIEDBY THE PROVISION OF PRIVATE RECREATIONAL AREAS. THEREMAINING PARK LAND REQUIREMENT MUST BE SATISFIED BYEITHER DEDICATION OF LAND TO THE CITY FOR PUBLIC PARKSAND OPEN SPACE, OR PAYMENT OF AN IN-LIEU FEE.POPULATION = #UNITS X 2.49 PERSONS/UNITPOPULATION = 57 X 2.49 = 141.9 PERSONSPARK ACREAGE REQUIRED= 3.5 141.9/1000 = 0.50 ACPRIVATE RECREATION AREA CREDIT ALLOWED= 0.50 X 0.43 = 0.22 ACPRIVATE RECREATION AREA = 0.24CREDIT REQUESTED = 0.22 ACPRIVATE RECREATIONAL AREA = 0.24 ACTOTAL RESIDENTIAL OPEN SPACE = 0.69 AC Milpitas, CA
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From:

To: City Clerk
Cc: Kristina Phung
Subject: Objection to City Planning Commission Recommendation for approval of Housing Development at 612 S Main Street
Date: Monday, March 6, 2023 3:53:17 PM
Attachments: Letter to Milpitas City Council_Signed.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Dear Ms. Guzzetta,
Thank you for giving us an opportunity for providing information on how we may appeal the recommendation/decision of Commission by writing a letter of appeal.

Jain Center of Northern California ( JCNC-a non-profit religious organization located at 722 S Main Street, Milpitas) has been very concerned about the subject development recommendation by Commission. The project development became known to JCNC only two days before Planning Commission meeting on February 22, 2023. We have expressed our concerns and impacts in person at this meeting.

As the Commission has moved the subject item forward to City Council, JCNC is objecting/protesting their decision in the attached letter to City Council.

As I understand, the subject item is anticipated to be placed on City Council meeting agenda dated April 4, 2023. Please confirm.

Once again thanks for giving us an opportunity to hear our concerns and present them through this objection letter and at the City Council meeting.

This letter is also cc’d to City Planner Ms. Phung for information.

Your acknowledgement of receiving this letter is highly appreciated.

Please let me know if you have any questions.

Regards,
Kirit Bavishi
JCNC Volunteer
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Item # 17.
722 South Main Street, Milpitas, CA 95035
(408) 262-6242 ♦http://www.jcnc.org
(A California Non-Profit Religious Corporation FederalTax ID 94-277-8859) March 6, 2023
To:

City Council
City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035
Attn: Suzanne Guzzetta, City Clerk’s Office (email:[email protected]) RE:Objection to City Planning Commission’s Recommendation for Approval of Housing Development on Main Street
Dear Milpitas City Council:

ThisletterissentonbehalfoftheJainCenterofNorthernCalifornia(“JCNC”)locatedat722S.

MainStreetinMilpitasinfollowuptotheCityPlanningCommissionMeetingonFebruary22, 2023inwhichtheCityPlanningCommissionrecommended(4approvingto2denying)togo forwardwithahousingdevelopmentonMainStreetbyTrueLifeTownhomesat612S.Main StreetinMilpitasadjacenttotheJainCenter.Thispotentialdevelopmenthasnumerousconcerns forJCNCandfortheMilpitascommunityoverallandwerequestthattheCityCouncilputthis project on hold until all concerns are addressed and resolved.

IntheMilpitasGateway–MainStreetSpecificPlan(alinkprovidedbelow),itisprovidedthat “the(MainStreet)areaishometoamixofreligious,cultural,educational,andpublicusesthat convergealongMainStreet”andthat“theseanchors(includingtheJainCenterofNorthern California)arekeytowhatmakesMainStreetadiverse,uniquecenter,andwillbeimportantto theplanningprocess.”Seepage31fromtheCommunityWorkshop#1andpages20and21from the Workshop #1 held on June 29, 2022 which is attached herein asExhibit 1 and 2.

TheCityofMilpitashassupportedJCNCsinceitsinaugurationandithasbeendeclareda landmarkbymultiplepastMayorsandCityofficialswhohavevisitedJCNC.Thisnew proposeddevelopmentwithits37feetheightstructureandcloseproximitytoJCNCwill overshadowandobstructtheuniquebeautyofJCNCandtakeawayfromtheuniquenessofMain Street overall.
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WhilewearemindfulofwhattheCitywishestodointheMilpitasGateway–MainStreet SpecificPlanandwhatthisdeveloperproposes,weareaskingformoretimeandatownhall meetingtodiscussthisprojectinmoredetail.Welearnedaboutthisprojectforthefirsttime,2 dayspriortotheCityPlanningCommissionmeeting,whichisinsufficienttimetoprovideour concernsandpotentialramificationsofsuchadevelopment.Wewereastonishedthatnotown hallmeetingwasconductednorhadanyonecometodiscussthisproposalwithusasbeingavery next-doorneighbor,andpartofthesurroundingbusinessesthatwouldbemostimpactedbythis proposedlargedevelopment.Noticesinfrontoftheproposeddevelopmentandapostcardsent out10dayspriortotheCityPlanningmeetingisinadequate.Wedidnotreceivethepostcard until2daysprior.OtherownersonMainStreetdidnotevengetapostcard.Itisour understandingthatpublicmeetingsandnoticesareconductedperiodicallyforpubliccomments andconcernsduringtheprojectplanningandapprovalprocess.Thus,werequiremoretimeto understand and assess the issues and potentially come up with solutions for mutual benefit Wearealsoconcernedaboutthisprojectbeingexemptedfromanenvironmentalstudydueto CEQAsincethisproposedprojectwillhavegraveimpactonJCNC,surroundingbusinessesand totheMilpitasCommunitycausingincreasedtrafficinthearea,parkingproblems(asseenin otherpriorhousingdevelopmentsnearthatarea),airqualityissuesespeciallyduring construction,increasednoise,etc.JCNCalreadystruggleswithparkingduringitslargerreligious andcommunityevents,whichgenerallyoccurduringtheweekendandbringinmorethan1500 to3000peopletoMilpitasfromMilpitasandthesurroundingcitiesallovertheBayArea.In addition,manypeoplecomefromothercounties,states,andcountries.Duringthoseevents, JCNCfeedsmorethan3000to6000peopleforfree.Thereisalsoaperiodover20daysknown as“Paryushanfestival”whenJainsfollowaperiodoffastingandausterityintheirdailylife.

Duringthisauspiciousreligiousmeditationtime,Jainsareintrospectiveinprayerandrequire silence.NoiseduringParyushanwouldbeproblematic.Besides,itmayimposerestrictionson routinereligiousactivitiesandhurtreligiousfreedom.Theprojectcumulativeimpactsmustbe assessed for the CEQA.

JCNCisaunique,oneofakindtemplewhichhasbroughtMilpitasonthemapoftheJain communitiesallovertheworldandwhichbringsinvisitorsfromallovertheUSandtheworld.

MultiplewellknowneducationalinstitutionshavealsocometotourJCNCandlearnmoreabout Jainism, which believes in non-injury to any living being, peace, and inclusivity.

Therequiredimpactofthisproposeddevelopmenthasnotbeenfullystudiedanddiscussedwith JCNCanditsneighbors.Trafficanalysisneedstobedoneappropriatelytakingintoaccountnot onlytrafficduringtheweekdaysbutalsoduringtheweekends.Considerasituationona weekendwhenhundredsofcarsarepassingonMainStreetwherethe57residentsofthenew developmentaremovingtoperformpersonalchoresduringthe dayandwhilstamajoreventis occurringatJCNC.Thetrafficwillbeunbearableforall,causingpotentiallymoredeathslikethe onethatoccurredawhileagowithanelderlymotherofaMilpitasresidentwhowascrossingthe streetinfrontofJCNCtocometoprayatthetempleandacommuterwhowasinarushjust spedthroughthestreetwithoutseeingtheelderlymothercausingherunfortunateand unnecessary death.

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EXHIBIT 2
Link below for: Milpitas Gateway – Main Street Specific Plan https://drive.google.com/file/d/1aLoJ-1NZQUf8mUf3nluwk0ToGq81bxXA/view 517
Item # 17.

From: Jason Miguel
To: Kristina Phung
Cc: Kevin Thai
Subject: Re: 612 S Main St Development SD22-0007 Comments (File 34883) Date: Tuesday, March 28, 2023 11:28:23 AM
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Hi Kristina,

The Santa Clara Valley Water District (Valley Water) has reviewed the plans for the development of a multi-family residential project with 57 townhomes, received on February 15, 2023 for the subject site located at 612 S Main St in Milpitas.

According to Federal Emergency Management Agency's (FEMA) current Flood Insurance Rate Map No. 06085C0067J dated February 19, 2014, the
northerly
portion
of the site is located in
Zone D which is areas in which flood hazards are undetermined, but possible and the

southerly portion
of the site is located within a Special Flood Hazard Area (SFHA) Zone AO and would be subject to flood depths of 1 foot
(usually sheet flow on sloping terrain).

To
comply with federal flood insurance regulations, the lowest floor and highest adjacent grade of any
building, must be above the 1 percent water surface elevation. We recommend the lowest flood be a minimum of 2 feet above the 1 percent water surface elevation.

In accordance with Valley Water's Water Resources Protection Ordinance, any work proposed which affects Valley Water's facilities or work which takes place on Valley Water's fee title property or easement will require review and approval for the issuance of a Valley Water encroachment permit. The proposed work does not occur on Valley Water property and therefore, will not require a Valley Water encroachment permit.

If you have any questions, or need further information, you can reach me at (408) 630-2976, or by email at

[email protected].

Thanks,

JASON MIGUEL

ASSISTANT ENGINEER I - CIVIL
Community Projects Review Unit
Tel. (408) 630-2976 / Cell. (408) 761-5789
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Housing Report and Presentation (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275)
Category: Community Development

Meeting Date: 4/4/2023
Recommendation: Receive Housing Report and presentation.

BACKGROUND:

With the dissolution of the state’s Redevelopment Agencies in 2011, California began experiencing a growing lack of adequate housing options to meet the demands of its population. Soaring housing prices combined with inadequate housing have contributed to a housing crisis across the state, and especially so in the San Francisco Bay Area, which has among the highest median home prices in the nation.

The lack of affordable housing options has led to an increased number of individuals and families being unhoused or at risk of being unhoused. Although the County is the primary entity tasked with providing access to affordable housing and supportive services to the unhoused in Santa Clara County, it is unable to meet the demands of all those that need these services. Thus, each city is having to develop solutions at the local level to meet the various housing needs.

As the housing crisis has continued to escalate, the State has attempted to resolve it through a multitude of legislative bills and funding for various housing related efforts. Additionally, cities are also tasked with meeting the Regional Housing Needs Allocation (RHNA), updating their Housing Elements every eight years to demonstrate how they will meet their housing goals, and satisfying other reporting requirements associated with various state funding programs. Although the state actions have not yet visibly delivered the desired outcomes, they have resulted in a significant amount of additional work for each city.

Milpitas, like many other cities in Santa Clara County, is unable to provide comprehensive services or housing for all those that need it. However, addressing housing issues continues to be a high priority for the City. Since 2019, the City has invested over $1,800,000 and garnered $6,400,000 in external funding and adopted policies and established programs to support efforts targeted to help vulnerable residents access comprehensive services. The investment to date reflects the following programs: Homeless Engagement and Access Team, WeHOPE Dignity on Wheels Mobile Shower and Laundry, Tiny Homes Village Feasibility Study, American Rescue Plan Act (ARPA) Rent and Mortgage Relief Program, and the Community Development Block Grant (CDBG) program.

ANALYSIS:

This Housing Report provides the City Council a comprehensive overview of the City’s work in the past 3 years related to housing, including facilitating affordable housing, preventing homelessness, and providing services to the unhoused in Milpitas. The report also provides information on staffing, reporting requirements, and state programs and mandates such as the CDBG Program and the Housing Element.

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Item # 19.

Unhoused Services

The COVID-19 pandemic greatly exacerbated the need for unhoused resources in Milpitas. In fall 2020, in accordance with City Council direction, staff conducted extensive research and explored homeless outreach and basic needs services that may improve quality of life for Milpitas unhoused residents including outreach and assessment through the County, mobile shower and laundry services, emergency motel vouchers, and wraparound services offered by non-profit partners.

Homeless Engagement and Access Team (HEAT)

On November 10, 2020, City Council approved and directed staff to enter into an agreement for homeless outreach, assessment, and street-based case management services with Santa Clara County Office of Supportive Housing. On March 1, 2021, the County’s Homeless Engagement and Access Team (HEAT), via Abode Services, began conducting outreach to engage and provide resources to the City’s unhoused residents. A new contract funded by the ARPA was executed in December 2022.

Every individual connected to HEAT is given a vulnerability assessment known as the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT). This survey is administered to both individuals and families to determine the level of vulnerability and to help inform decision makers on the type of support and housing intervention that may be most beneficial to the individual. It also helps inform the priority in which people should be served. This process, known regionally as Coordinated Entry, is a consistent, community- wide intake process to match people experiencing homelessness to existing resources that best benefit the individual’s situation. As individuals are entered into the system, they are then placed in the community queue, which determines who gets placed into a permanent housing program. Individuals from Milpitas may be administered the VI-SPDAT and entered into the community queue at any regional coordinated entry location, such as a homeless shelter, and not just from HEAT’s assessment efforts.

From March 2021 through December 2022, the HEAT team has made 263 outreach contacts, assessed 229 individuals, and enrolled 212 clients . In 2021, the County reports that 63 Milpitas households enrolled in permanent supportive housing programs have been housed. Staff provides information on these outcomes to City Council on a quarterly basis.

Housing staff serve as the primary service point and work with other departments as needed, for all unhoused services needs in Milpitas. Through the MyMilpitas app and an internal referral system, staff sends referrals to Abode Services. The average turnaround time from referral to first contact is less than 48 hours.

WeHOPE - Dignity on Wheels

On December 1, 2020, City Council directed staff to implement a six-month pilot program with WeHOPE to provide weekly hot shower and laundry services for unhoused residents in Milpitas. WeHOPE is a nonprofit agency based in Santa Clara County that offers various services to meet the needs of the unhoused. Dignity on Wheels is a program managed by WeHOPE.

The Dignity on Wheels program provides a mobile trailer with shower, laundry, and restroom. Additionally, staff worked with HEAT to provide case management services to further connect clients with a countywide network of services. At each session, WeHOPE provides supplies that include towels, laundry pods, hair and body wash, and hygiene kits. Often there are clothing donations available as well. With City Council direction this pilot was converted to an ongoing program with funding through Spring 2023.

From March 2021 through December 2022, WeHOPE provided shower and laundry services in Milpitas to 177 unduplicated clients. WeHOPE has provided 91 sessions to the unhoused community, serving over 754 clients, totaling 1,601 showers and 567 loads of laundry. Staff provides information on these outcomes to City Council on a quarterly basis.
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Item # 19.

Supportive Services

Supportive services are services meant to help individuals at-risk of being unhoused remain in their current housing situation. The City has significantly increased the level of supportive services it offers its residents.

Rent and Mortgage Relief

On October 15, 2019, City Council authorized the creation of a Pilot Rent Relief Program. The program was established to serve low- and moderate-income residents, families with dependent children, seniors, disabled individuals, victims of domestic violence, emancipated foster youth, and any resident occupying a subsidized unit. Each family can access up to $5,000 in rent relief, per year, for items such as rent, security deposit, domestic violence relocation, child and family homelessness relief, and Section 8 good faith deposits. As the COVID-19 pandemic began to impact the community in spring 2020, the City’s existing program and established processes provided much needed assistance to at-risk Milpitas residents.

In September 2021, City Council authorized the modification of the Rent Relief Program to the Rent and Mortgage Relief Program funded by ARPA. In December 2022, the City officially launched the rent portion of the Rent and Mortgage Relief Program. To be eligible for rent relief, applicants must be a resident for at least 6 months, have experienced an economic hardship due to COVID-19, and be at or below 120% Area Median Income (AMI). The table below provides the income limits by household size for a family at 120% AMI.

Household Size 1 2 3 4 5 6
120% AMI $141,500 $161,750 $182,000 $202,000 $218,400 $234,500

In March 2023, the City officially launched the mortgage portion of the Rent and Mortgage Relief Program. To be eligible for mortgage relief, households must have experienced an economic hardship due to COVID-19, currently own one residential property and it must be primary residence of homeowner(s), has not received other forms of governmental or private assistance for the same period requested, and be at or below the 150% AMI limit for Santa Clara County. The table below provides the income limits by household size for a family at 150% AMI.

Household Size 1 2 3 4 5 6
150% AMI $176,950 $202,200 $227,500 $252,750 $273,000 $293,200

The original rent relief program provided aid to over 100 Milpitas families and over 300 individuals. The Rent and Mortgage Relief Program is estimated to benefit 130 households with rental assistance and 14 households with mortgage assistance.

Permanent Local Housing Allocation (PLHA)

On November 1, 2022, City Council adopted a Resolution authorizing the 2019, 2020, and 2021 funding application and approving a Five-Year (2019-2023) Plan. In February 2023, the City received its award letter from HCD. The City was approved to designate 5% to program administration. The remaining balance will be split with 20% for HEAT funding, and 80% for a Workforce Housing Rental Assistance Program (WHRAP).

The WHRAP would operate similarly to a Section 8 voucher system in that these funds would be used to offset a specific amount of rent paid by the tenant but not necessarily the entire rent. Per PLHA guidelines, rental assistance must help individuals who are at or below 30% of the AMI. The table below provides the income limits by household size for a family at 30% AMI.

Household Size 1 2 3 4 5 6
30% AMI $35,400 $40,450 $45,500 $50,550 $54,600 $58,650 521
Item # 19.

Using a lottery system for transparency, eligible individuals will be randomly selected. The following preferences will be given to increase the likelihood of selection:

 Employed by the Milpitas Unified School District
 Employed by the City of Milpitas
 Employed by the Hospitality Industry
 Currently live in Milpitas
 And any other areas of City Council interest

The PLHA guidelines require providing rent relief for a minimum period of six months. Housing staff is in the process of finalizing the program details and will return to the City Council to receive further guidance and approval. Depending on the final structure of the program, WHRAP is anticipated to benefit between 20-50 families.

Community Development Block Grant

The Community Development Block Grant (CDBG) Program supports community development activities to build stronger and more resilient communities. Federal funds provided by the Department of Housing and Urban Development (HUD) under the CDBG entitlement program are primarily concerned with activities that bene fit low-and moderate-income (LMI) households whose incomes do not exceed 80% of AMI, as established by HUD, with adjustments for smaller or larger families.

The CDBG activities funded address the following priority needs:

Maintain and Preserve Existing Housing
 New Affordable Housing
 Affordable Housing Rental Rehabilitation
 Community Funding/Public Services
 Public services for low- and moderate-
income residents at risk of eviction
 Fair Housing
 Public Services for Children and Youth
 Public Services for Seniors
 Public services for Domestic Violence
Support
 Public Improvements including accessibility
and improving public facilities
 Microenterprise

Affordable Housing
The key to solving the housing crisis is the creation and availability of more affordable housing. Although the City is not funded for housing production it can incentivize, facilitate, and mandate some level of affordable housing through its policies and programs.

Affordable Housing Ordinance No. 297

On June 19, 2018, the City Council adopted an Affordable Housing Ordinance that requires new residential developments with 10 or more units to provide 15% of those units for affordable housing. The Ordinance sets the conditions of approval for all developments in the city. For affordable housing, the Ordinance requires that all ownership projects be affordable to either moderate- or low-income households. Rental projects must be affordable to either very-low- or low-income households. A minor update to the Ordinance was recently adopted by the City Council in January 2022 to provide the development community more clarity on how to navigate the requirements of the Ordinance.

Although the Ordinance has been in effect since 2018, the City’s first development under the Ordinance was completed in June 2022. The development provided the City with four (4) new affordable housing units, sold at moderate-income to eligible applicants. As of the writing of this Housing Report, the City estimates that 200+ rental units and 50+ ownership units are currently under development. As new developments are completed, the affordable units become a part of the City’s Below Market Rate Housing stock.

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Below is a table with the proposed developments:

Project
Total
Affordable
Units
Tenure

600 Barber Lane 56 Rental
1380-1400 S. Main Street 220 Rental
1504 S. Main Street 38 Rental
308 Sango Court 84 Rental
355 Sango Court 101 Rental
1724 Sunnyhills Drive 7 Rental
1300 S. Main Street 114 Rental
91 Montague Expressway 5 Ownership
1005 N. Park Victoria
Drive 4 Ownership
2001 Tarob Court 6 Ownership
612 S Main Street 9 Ownership
675 Trade Zone Boulevard 12 Ownership
1752 Houret Court 8 Ownership
Number of affordable units are subject to change

Below Market Rate Housing

The City of Milpitas offers a Below Market Rate (BMR) program to assist very-low, low-, and moderate-income households in becoming homeowners. The City’s BMR inventory consists of dwelling units acquired through the City’s Affordable Housing Ordinance. The City’s basic eligibility requirements to participate include being a first-time homebuyer, having the ability to provide at least a 10% required down payment, and for a household’s income to not exceed very-low, low-, and moderate-income as defined by HCD.

The City currently manages over 200 BMR ownership units and 1,200 rental units and expects to have another 50 BMR ownership units to become a part of the City’s portfolio over the next three years. Managing the expanded BMR program will require a significant amount of staffing with the requisite skillsets. Current staffing levels would need to increase to accommodate this additional work. Many other cities use an external vendor to manage their BMR programs and staff will be recommending doing the same in the Proposed Fiscal Year 2023-2024 Budget. Staff will continue to be responsible for monitoring the program administration of the BMR ownership units and ensuring compliance with the program requirements.

Funding

The following section summarizes all City funding and external funding related to housing programs and services.

Unhoused Services

Homeless Engagement and Access Team (HEAT)

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The County’s Homeless Engagement and Access Team (HEAT), via Abode Services, began in March 2021 and was funded with $200,000 from the Housing Authority Fund. A new contract of $100,000 with (ARPA funding was executed in December 2022.

WeHOPE - Dignity on Wheels

WeHOPE’s Dignity on Wheels program (weekly mobile shower and laundry services for unhoused residents) began in March 2021. The current contract has a total-not-to-exceed amount of $86,552. Of the $86,552, $71,552 was funded through the California Board of State and Community Corrections Grant and $15,000 was funded through the Affordable Housing Fund. The current contract has an end date of June 30, 2023 with funding expected to run out in April. In the Proposed Fiscal Year 2023-2024 Budget, $300,000 from Assemblymember Alex Lee’s Office one-time state funding will go towards the Dignity on Wheels Program. In the interim and if approved, additional funding in the amount of $10,000 from the California Board of State and Community Corrections Grant will be used to bridge the funding need through the end of this fiscal year. This agenda item will be up for City Council’s consideration as a consent item on the April 4, 2023, City Council agenda.

Additional State Funding

In March 2022, the City requested support of one-time funding as part of the fiscal year 2022-2023 State budget through Assemblymember Alex Lee’s Office. As part of the request, the allocation seeks to support the continuation and expansion of the City’s mobile shower and laundry services, for a period of 3 years ($300,000), establish a Milpitas Resource Center as a 2-year pilot program ($500,000) and provide rent relief to vulnerable Milpitas residents ($700,000). At the September 6, 2022 meeting, City Council accepted Assemblymember Lee’s one-time state funding request, including $1,500,000 for homelessness prevention and unhoused services. In fall 2022, the City received notification of the award of state funding, through Assemblymember Lee’s Office, in the amount of $1.5 million for housing related programs and services. This funding will be incorporated in the Proposed Fiscal Year 2023-2024 Budget.

Unhoused Program Data

The table below presents a breakdown of each program, the amount of funding allocated, the year the dollars were funded, the number of actual residents the program served, and the funding source.

Program Funding
Allocated Year

Actual
Individuals
Served
Fund
HEAT $200,000 2021-2022 265 Housing Authority Fund WeHOPE $21,372 2020 184 California Board of State and Community Corrections Grant
WeHOPE $50,180 2021-2022 461 California Board of State and Community Corrections Grant

The table below presents a breakdown of each program, the amount of funding allocated, the year the dollars are expected to be funded, the number of residents the program is expected to serve, and the funding source.

Program Funding
Allocated Year
Expected
Individuals
Served
Fund
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HEAT $271,998 2024+ 90 Permanent Local Housing Allocation HEAT $100,000 2023 50 ARPA
WeHOPE $15,000 2022-2023 130 Affordable Housing Fund WeHOPE $300,000 2024+ 1,200 Additional State Funding
Tiny Homes
Village Feasibility
Study
$130,000 2022-2023 TBD

Affordable Housing Fund

Milpitas
Resource Center $500,000 TBD TBD Additional State Funding

Supportive Services

Rent and Mortgage Relief

Prior to the approval of ARPA dollars, the City allocated $1,010,696 in rent relief from the Affordable Housing and Community Benefit fund, CDBG funding, and the competitive grant awards secured from the Santa Clara County Emergency Food and Shelter Program. In September 2021, the City Council approved the use of $1,100,000 in ARPA dollars to expand the program to include mortgage relief. Of the $1,100,000 appropriated, $150,000 will be used to partially fund a 3-year limited term Administrative Analyst. The remaining $950,000 will cover the cost of program administration ($85,500). Per City Council direction, the remaining balance will be distributed with 75% ($648,375) for rent relief and 25% ($216,125) for mortgage relief.

Permanent Local Housing Allocation (PLHA)

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. This included Senate Bill 2 Building Homes and Jobs Act (SB-2), which created a recording fee on real estate documents to increase the supply of affordable homes in California. SB-2 established that 70% of the revenue collected, beginning in calendar year 2019, will go to locally administered affordable housing, otherwise known as PLHA. The funding will help cities and counties increase the supply of housing for households at or below 60% of AMI; increase assistance to affordable owner-occupied workforce housing; assist persons experiencing or at risk of homelessness; facilitate housing affordability, particularly for lower-and moderate-income households; promote projects and programs to meet the local government’s unmet share of regional housing needs allocation; and ensure geographic equity in the distribution of the funds.

The California Department of Housing and Community Development (HCD) released the 2022 Notice of Funding Availability (NOFA) on August 17, 2022. The allocation spans five years, 2019-2023. HCD requirements state applicants must submit a five-year plan for the period of 2019-2023 and cannot apply for more than three years of allocation in one year. Housing staff applied for the City’s 2019, 2020, and 2021 entitlement in the amount of $1,017,554. On November 1, 2022, City Council adopted a Resolution authorizing the funding application to the PLHA Program and approving a Five-Year Plan for the PLHA Program Formula Allocation of an Estimated $1,431,570.00. In February 2023, the City of Milpitas received its award letter from HCD.

Of the City’s estimated entitlement of $1,431,570, the City was approved to designate 5% ($71,578.50) to program administration. The remaining balance will be split with 20% ($271,998.30) HEAT funding, and 80% ($1,087,993.20) for a Workforce Housing Rental Assistance Program (WHRAP). Through PLHA, the HEAT 525
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team will be funded from fiscal year 2023-2024 through most of fiscal year 2025-2026. This will allow the HEAT team to continue providing their assessment services for approximately the next three fiscal years.

Community Development Block Grant (CDBG)

In total, 1,876 Milpitas residents were assisted in fiscal year 2021-2022 with a total CDBG allocation of $1,282,240.45. This amount includes additional CDBG funding received to respond to the COVID-19 pandemic. These funds are referred to in the table below as CDBG-CV funds. HUD has announced that no further CDBG-CV funding will be appropriated in the future. Out of the 1,876 Milpitas residents served, 570 were seniors, 464 were children and youth, and 103 were survivors of domestic violence. A table of the organizations that received an allocation and their respective accomplishments for fiscal year 2021-2022 is available as Attachment 1.

Regional Early Impact Planning Grant Program (REAP)

In July 2022, the Association of Bay Area Governments announced a suballocation award of $142,718 of REAP funding to the City of Milpitas. The Department of Housing and Community Development’s REAP Grant Program was created to accelerate housing production and facilitate compliance in implementing the 6th cycle of the Regional Housing Needs Assessment (RHNA). The funds were requested to procure a consultant to create an Assessment of Fair Housing for the Housing Element and to partially fund Raimi and Associates as the consultant for the Housing Element.

Supportive Services and CDBG Program Data

The table below shows the funding allocated to the various supportive services. Full explanations of each program are provided below the table.

Program Funding
Allocated Year Expected
Served Fund
Rent and
Mortgage Relief $950,000 2023 144 ARPA
Rent Relief $700,000 TBD 140 Additional State Funding
WHRAP $1,087,993 2023-2025 20-50 Permanent Local Housing Allocation CDBG $700,004.45 2021-2022 1,239* HUD

CDBG-CV

$582,236 2021-2022 637* HUD
CDBG $660,871 2022-2023 733 HUD
CDBG $647,982 2023-2024 700 HUD
*Actuals Served
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Reporting Requirements

Housing Element

Since 1969, California has required that all local governments adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their “general plan” (also required by the state). General plans serve as the local government’s "blueprint" for how the city and/or county will grow and develop and include eight elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing.

California’s Housing Element Law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and local Housing Elements.

On January 24, 2023, the City Council adopted a Resolution for the 6th Cycle draft Housing Element, approved an Addendum to the Milpitas 2040 General Plan Environmental Impact Report, adopted General Plan Amendment GP23-0001 to update the Housing Element, and adopted the Draft Milpitas General Plan Housing Element Update as substantially compliant by state law. The content of the 6th Cycle draft Housing Element is structured for consistency with the requirements set forth in state law. In addition to responding to requirements of state law, the Housing Element also demonstrates the City’s strategy to meeting the local housing needs, and that these needs are addressed through policies and programs outlined within the Housing Element. Public review and input have been a critical component of this 6th Cycle Housing Element Update.

Staff met with HCD representatives in February 2023 and received minor comments on March 4, 2023. Staff is awaiting HCD’s response to the latest minor comments which are expected the week of March 27th. The next step in the draft Housing Element process is to publicly post the latest draft for a minimum of seven days once staff receives HCD’s comments and resubmit to HCD for final compliance and certification.

The Housing division has various reporting responsibilities to state and federal agencies. Below is a high-level overview of the various agencies that the City is required to report to.

Housing Element Associated Reports

Each jurisdiction must maintain compliance with their Housing Element by preparing an Annual Progress Report (APR) on the jurisdiction’s status and progress in implementing its Housing Element. Each jurisdiction’s APR must be submitted to HCD and the Governor’s Office of Planning and Research (OPR) by April 1 of each year. The report covers the previous calendar year of progress towards the Housing Element’s goals.

Along with the APR, each jurisdiction must submit a Housing Successor Annual Report. The Housing Successor Annual Report addresses the requirements of California Health and Safety Code Section 34176.1(f) regarding the Low- and Moderate-Income Housing Asset Fund (“LMIHAF”). This Report outlines the financial and housing covenant details of the Milpitas Housing Authority (“Housing Successor”) for the prior fiscal year.

The purpose of the report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (“Dissolution Law”).

The report includes discussion on the deposits to, ending balance of, and expenditures from the LMIHAF. A description of the Housing Successor’s assets, and any transfers of assets to other housing successor agencies 527
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are addressed as well. The report also discusses the Housing Successor’s current projects, acquisitions of any real property since February 1, 2012, or any outstanding obligations. Finally, as required by law, three separate tests are discussed – the income test, senior housing test, and excess surplus test. On March 21, 2023, City Council authorized the submittal of the 2022 APR and Housing Successor Agency Report.

Department of Finance

At the beginning of a calendar year, the Housing division submits a report to the California Department of Finance (DOF). Article XIIIB of the California Constitution requires the DOF to prepare population estimates for the purpose of calculating the appropriation limits for the state, counties, cities, and special districts. DOF uses annual housing unit change data to produce the new calendar year’s population estimate for a jurisdiction. As part of the population estimates process, DOF requests information on all housing unit change activity in a jurisdiction for the past calendar year.

Community Development Block Grant (CDBG)

The Housing division administers the CDBG program. The following reports are mandated by HUD:
 Consolidated Plan
 Annual Action Plan
 Consolidated Annual Performance and Action Report
 Citizen Participation
 Integrated Disbursement and Information System (IDIS)  Annual Audits
A brief description of each category is provided below.

Consolidated Plan and Annual Action Plan

Every three to five years the City must prepare a Consolidated Plan outlining the strategies used to meet a variety of housing and non-housing community needs. For each of the 3 years covered by the Consolidated Plan, HUD requires the City to prepare a One-Year Action Plan which identifies programs, projects, and CDBG funding levels undertaken during any given year. The current 2022-2025 Five-Year Consolidated Plan and 2022-2023 Action Plan were adopted by the City Council after citizen input on June 14, 2022.

Consolidated Annual Performance and Action Report

The Consolidated Annual Performance and Action Report (CAPER) reports on the success of the City's Annual Action Plan. It helps the City assess its annual performance in relation to meeting its overall three- to five-Year Consolidated Plan priorities. A CAPER is required for measuring the success of each CDBG program year in order to be eligible for future CDBG allocations. Each year's CAPER is prepared at the end of a program year and is made available for public review in September of each year. The City Council approved the 2022 CAPER at the September 2022 meeting. The City Council will hold a public hearing to review the CAPER in September 2023, prior to submitting the CAPER to HUD.

Citizen Participation

The City of Milpitas must develop and follow a Citizen Participation Plan to receive federal funds for the CDBG program. The Citizen Participation Plan covers the three - to five -year Consolidated Plan, each subsequent Annual Action Plan, each year’s Consolidated Annual Performance and Evaluation Report, and any amendments to any of the aforementioned documents.

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IDIS Administration

The Integrated Disbursement and Information System (IDIS) is a management information system used for the CDBG program. The information is entered into IDIS and is available to HUD. City staff submits all the required HUD documents (Consolidated Plan, Action Plan, CAPER) through the IDIS portal. Additionally, staff enters the accomplishments and number of residents served through the portal.

Annual Audits

Housing and Finance staff facilitate annual CDBG audits with HUD or other third-party auditors. The purpose of the audits is to determine if the City is administering the CDBG program in compliance with HUD guidelines.

Furthermore, auditors verify whether the City is compliant in collecting complete, accurate, and timely information from the grantees as well as maintaining records in a manner consistent with the uniform administrative requirements. Timely adherence to these audits is required and ensures the City continues to receive its formula allocation.

Unhoused Services

The Housing division reports out to City Council quarterly about the updated status of the Dignity on Wheels program (mobile trailer with shower and laundry services), and the HEAT team (Homeless Engagement and Access Team that conducts outreach to engage and provide resources to the city’s unhoused residents).

Housing Advisory Committees and Task Forces

As stated earlier, Housing continues to be a high priority for the City, region, and State and there are several local and regional advisory bodies that deliberate this complex topic. Staff either directly supports or acts as a liaison to these advisory bodies including an Ad Hoc Council Housing Subcommittee, Santa Clara County Unhoused Taskforce, Community Advisory Commission, and a Tenant Protection Taskforce. In the past the City has also supported a Homelessness Taskforce and an Ad-Hoc CDBG Subcommittee.

The Ad Hoc Council Housing Subcommittee was established in 2019 to address the continuing need for innovative housing solutions in the City. Since its inception, the Housing Subcommittee has recommended the following programs and initiatives to the City Council, all of which have been adopted:

 Rent Relief Program
 Urgency Rent Review Ordinance
 Urgency Just Cause Eviction Ordinance
 Created a comprehensive Housing Resources Guide for Milpitas residents  Created a Housing Resources website
 Created a public utility assistance program to qualifying families through the Milpitas Assistance Program
 Partnering with Milpitas Unified School District to provide opportunities for foster youth and students experiencing homelessness in the Milpitas community

The Community Advisory Commission (CAC) is one of the City’s longstanding Commissions. Its role is to provide guidance to the City Council. The CAC hosts 3-5 events per year, including but not limited to, Affordable Housing and Building Safety Month, National Night Out, and Spring Cleaning. They are also responsible for making recommendations to the City Council on the annual CDBG allocation.

The Tenant Protection Taskforce was created to provide a forum for tenants and landlords to address their respective concerns around the various tenant-landlord issues. Under this taskforce, and through the work of the Housing Subcommittee, the City Council approved an Urgency Rent Review Ordinance and an Urgency Just Cause Eviction Ordinance to provide short term relief to Milpitas tenants.

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In January 2021, a Homelessness Taskforce was established for residents to brainstorm on low cost but impactful solutions to homelessness. The Taskforce presented its recommendations to City Council on February 1, 2022. The City Council directed staff to proceed with a Tiny Homes Village Feasibility Study.

Additional support for the unhoused was approved and allocated by City Council via the work of this Taskforce.

Currently, the consultants are finalizing stakeholder interviews, which include Councilmembers, City and County staff, and other relevant members of the homeless response community. The feasibility study is expected to be presented to City Council in mid-late 2023.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this report.

California Environmental Quality Act (CEQA):

The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

1. Receive Housing Report and presentation.

Attachment(s):

1. Community Development Block Grant Fiscal Year 2021- 2022 Accomplishments

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Attachment 1 – Community Development Block Grant Fiscal Year 2021- 2022 Accomplishments

Organization Amount Funded Residents Served
Catholic Charites $20,500 312
Child Advocates of Silicon Valley $12,500 7
Filipino American Chamber of
Commerce $15,000 15
LifeMoves-Villa Shelter $100,000 21
LifeMoves-Meal Delivery $40,000 21
Lighthouse of Hope Counseling Center $5,000 7
The Milpitas Senior Center (Technology) $10,000 3
Next Door Solutions to Domestic
Violence $36,681.22 47
Next Door Solutions to Domestic
Violence $23,960 Capital Project
Completed
Project Sentinel $56,290 20
Pragnya $40,000 132
Rebuilding Together Silicon Valley $173,970 24
Senior Adults Legal Assistance $12,000 22
Silicon Valley Independent Living Center $12,716 71
Silicon Valley Independent Living Center $327,696 280
Sourcewise $39,000 66
Terrace Gardens Senior Housing $11,000 148
Terrace Gardens Senior Housing $65,000 148
The Health Trust’s Meals on Wheels
Program $20,000 19
YWCA Silicon Valley $26,158.23 56
YWCA Silicon Valley $40,000 457

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Calendar Year 2022 Controlled Equipment Annual Report, Take Public Comment and Questions for the Purpose of Community Engagement, and Approve Proposed Acquisitions for Calendar Year 2023 (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406; and Frank Morales, Assistant Chief of Police, 408- 586-2521)
Category: Public Hearings-Public Safety
Meeting Date: 4/4/2022
Recommendation: Receive Calendar Year 2022 Controlled Equipment Annual Report, take public comment and questions for the purpose of community engagement, and approve proposed acquisitions for Calendar Year 2023.

BACKGROUND:

On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy from their applicable governing body (City Council) before taking actions related to the funding, acquisition, or use of controlled equipment. Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment (“Military Equipment”) within its jurisdiction if the equipment meets specified standards.

The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report are subject to annual review to affirm that the criteria outlined in Assembly Bill 481 have been met. In addition, Assembly Bill 481 requires the publication of the Controlled Equipment Use Policy and a Controlled Equipment Use Report on the Department’s website annually and at least thirty (30) days before a mandated publicly available meeting.

California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the controlled equipment is in use. The Annual report must contain the following information: (1) A summary of how the equipment was used and the purpose of its use. (2) A summary of any complaints or concerns from members of the public about the equipment. (3) The results of an internal audit, including any information about violations of the equipment use policy and any actions taken in response. (4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report. (5) The quantity possessed for each type of controlled equipment. (6) If the law enforcement agency intends to acquire additional controlled equipment in the next year, and the quantity sought for each type of qualifying equipment.

ANALYSIS:

The Milpitas Police Department is committed to protecting lives and property by working with the Milpitas community and providing professional and responsive police services. To accomplish it’s mission effectively and safely, the Milpitas Police Department possesses and utilizes specific specialized equipment (controlled equipment) to safeguard the Milpitas community and protect the City’s first responders. While the City’s inventory of controlled equipment varies, the mere possession of this equipment does not warrant its use. The merits and the totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.

The term “military equipment,” as used in Assembly Bill 481, does not necessarily indicate that the equipment is or has been used by the military. Many items defined as “military equipment” by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Milpitas Police Department’s use of 533 Item # 20.

controlled equipment is consistent with overall best practices employed by police departments nationwide.

Items used by the Milpitas Police Department that are considered controlled equipment under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less lethal shotguns, less lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items.

The 2022 Annual Controlled Equipment Use Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2022 (January 1, 2022, through December 31, 2022). Although controlled equipment was deployed during the year, it was rarely utilized. The Milpitas Police Department received no complaints from the community about its controlled equipment or policies related to its use. Furthermore, an internal audit of the controlled equipment revealed no policy violations for the storage or use of controlled equipment. The impact of controlled equipment related expenses on the operating budget was negligible. The total annual costs related to controlled equipment for 2022 were approximately $42,089.42, or 0.12% of the overall operating budget.

To continue providing adequate police services and maximize the Department’s ability to keeping the community and officers safe, the Milpitas Police Department is seeking to purchase the following controlled equipment for calendar year 2023:
 (1) DJI Matrice 30 Series UAS
 (1) DJI Plus Remote Control
 (1) BRINC Lemar 2 UAS
 (1) AARDVARK KBT breaching tool
o (200) .45 caliber blank rounds
 (9) Sionics Weapons Systems (AR-15 type rifle)
 (9) Ti-Fighter 5.56mm Thread Suppressors (for AR-15 type rifle)  (1) Masterpiece Arms, Model PMR Pro .308 Rifle (employee owned) The continued access to and use of this equipment is vital in ensuring our officers have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties.

POLICY ALTERNATIVE(S):

Alternative 1: Accept the 2022 Annual Controlled Equipment Use Report but deny the requested acquisitions for calendar year 2023.

Pros: The City would not incur the cost of the requested controlled equipment acquisitions for calendar year 2023.

Cons: Denying the requested equipment acquisitions for calendar year 2023 will impact the Department’s ability to effectively respond to critical incidents, therefore negatively impacting public safety. In addition, not procuring the requested controlled equipment will hinder the effectiveness of the Milpitas Police Department in preventing and addressing crime in the City, thus placing the health, safety, and welfare of citizens and officers at increased risk.

Reason for Not Recommending: The Department’s use of controlled equipment is consistent with overall best practices employed by police departments nationwide. Not accepting the request for acquisition of additional equipment would prohibit the use of such essential public safety tools and would therefore jeopardize public and officer safety in the City of Milpitas.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of the proposed acquisition of additional controlled equipment. The cost of the controlled equipment is planned to be funded by the Police Department’s operating budget and, as applicable, through grant funding. Any additional appropriation action needed related to the acquisition of the controlled equipment will be brought forward to Council separately. 534
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California Environmental Quality Act (CEQA):

The action being requested is not a project as defined by CEQA (CEQA Guidelines exemption 15378(b)(2)).

RECOMMENDATION:

Receive Calendar Year 2022 Controlled Equipment Annual Report and Approve Proposed Acquisitions for Calendar Year 2023.

Attachment(s):

1. 2022 Controlled Equipment Annual Report
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0 Annual Report on Controlled Equipment Use 2022

Milpitas Police Department
Controlled Equipment Annual Report
January 1, 2022 to December 31, 2022

Chief Jared Hernandez - 1275 North Milpitas Boulevard, Milpitas, Ca 95035 - www.milpitas.gov 536
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1 Annual Report on Controlled Equipment Use 2022
Table of Contents

Executive Summary ........................................................................................................ 2 Introduction ..................................................................................................................... 4 Summary of Controlled Equipment Usages .................................................................... 5 Current Inventory of Controlled Equipment ..................................................................... 6 Controlled Equipment Categories ................................................................................... 7 Unmanned Aerial Systems (UAS)................................................................................ 8 Robots ....................................................................................................................... 12 Armored Vehicle ........................................................................................................ 14 Mobile Incident Command Vehicle ............................................................................ 16 40 MM Less-Lethal Launchers and Munitions ........................................................... 18 Less-Lethal Shotgun and Munitions........................................................................... 24 Diversionary Devices ................................................................................................. 26 Rifles and Munitions .................................................................................................. 29 Chemical Agents and Smoke Canisters .................................................................... 37 Breaching Tools ......................................................................................................... 41 Training Summary ......................................................................................................... 45 Training Costs ............................................................................................................... 45 Equipment Costs ........................................................................................................... 46 Fiscal Impact ................................................................................................................. 47 Projected Acquisitions for 2023 ..................................................................................... 48 Consumable Controlled Equipment ........................................................................... 48 Non-Consumable Controlled Equipment ................................................................... 49 Department Transparency ............................................................................................. 53 Controlled Equipment Coordinator Report .................................................................... 54 Conclusion .................................................................................................................... 55 Appendix ....................................................................................................................... 56 Definitions .................................................................................................................. 56 Policy - Controlled Equipment (Military Equipment) ................................................... 57

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2 Annual Report on Controlled Equipment Use 2022
Executive Summary

On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of controlled equipment.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of controlled equipment (“Military Equipment”) within its jurisdiction if the equipment meets specified standards. The Controlled Equipment Use Policy and an Annual Controlled Equipment Use Report is subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.

Assembly Bill 481 requires the publication of the Controlled Equipment Use Policy and a Controlled Equipment Use Report on the Department’s website annually and at least thirty (30) days prior to a mandated publicly available meeting.

California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the controlled equipment is in use.

The Annual report must contain the following information:
(1) A summary of how the equipment was used and the purpose of its use. (2) A summary of any complaints or concerns from members of the public about the equipment.
(3) The results of an internal audit, including any information about violations of the equipment use policy, and any actions taken in response. (4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report. (5) The quantity possessed for each type of controlled equipment. (6) If the law enforcement agency intends to acquire additional controlled equipment in the next year, and the quantity sought for each type of qualifying equipment.

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3 Annual Report on Controlled Equipment Use 2022
The Police Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual report , the law enforcement agency’s funding, acquisition, and/or the use of the controlled equipment.

The Milpitas Police Department recognizes the public’s ongoing interest in how controlled equipment is used to protect our community and is committed to maintaining our community’s trust in providing professional and responsive police services. As such, the Milpitas Police Department has authored the following comprehensive Annual Controlled Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.

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4 Annual Report on Controlled Equipment Use 2022

Introduction

The Milpitas Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services.

To accomplish our mission effectively and safely, the Milpitas Police Departme nt possesses and utilizes certain specialized equipment (controlled equipment) to safeguard the citizens of Milpitas and protect our first responders. While our inventory of controlled equipment varies, the mere possession of th is equipment does not warrant its use. The merits and a totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.

The term “military equipment,” as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military. Many i tems defined as “military equipment” by the bill are more often used by law enfor cement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Milpitas Police Department’s use of controlled equipment is consistent with overall be st practices employed by police departments throughout the country.

Items used by the Milpitas Police Department that are considered controlled equipment under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less lethal shotguns, less-lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to, and use of , this equipment is vital in ensuring our officers have the appropriate tools necessary to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties.

This Annual Controlled Equipment Use Report outlin es a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2022 (January 1, 2022, through December 31, 2022).

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Summary of Controlled Equipment Usages

The Milpitas Police Department provides law enforcement services twenty -four hours a day, seven days a week, serving a city population of over 80,000. The daytime population of Milpitas increases to over 130,000 people. The Department is committed to de - escalating situations , and using force is reserved for instances where less intrusiv e options are not feasible . In 20 22, the Milpitas Police Department responded to approximately 83,000 calls for service. Of those calls for service, officers used force on only five (5) occasions, representing .006% of the total calls for service. Officers did not utilize controlled equipment in any of the cases involving the use of force.

Police events and critical incidents are unpredictable and often very dynamic. The availability and use of specific equipment are necessary for incident commanders, officers, and specialized units to resolve incidents safely and effectively. It is in cumbent upon incident commanders, supervisors, individual officers, and specialized teams to recognize the circumstances wherein specialized equipment should be deployed and to utilize the equipment within the confines of department policy and State law. Each use of controlled equipment is reviewed to ensure it was used properly and justly based on the totality of the circumstances, public safety, officer safety, civil rights , State law, and information available at the time of use.

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Current Inventory of Controlled Equipment
The Milpitas Police Department is committed to remaining transparent about the Department’s controlled equipment inventory and the sharing of the equipment’s capabilities, uses, and other related information with our community and elected officials.

The data provided in this report is accurate as of January 2023 however, inventory may have fluctuated by the time of this report’s publication.

The inventory of controlled equipment, particularly consumable material (ammunition, diversionary devices, munitions, etc.) may fluctuate due to a variety of factors including but not limited to operati onal usage, operational deterioration, training, maintenance, expiration and replenishment guidelines.

The following is a list of the various types, descriptions, and guidelines for usage of controlled equipment currently employed by the Department:

(*NOTE: The descriptions and source photos contained in this report are for controlled equipment descriptive purposes only and are not an endorsement by the City of Milpitas or the Milpitas Police Department of a product or vendor.)

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Controlled Equipment Categories

Assembly Bill 481 created Government Code 7070 which designated 15 categories of items deemed “military” or more accurately defined as controlled equipment:

* Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles * Category 2: Mine-resistant ambush -protected vehicles or armored personnel carriers
* Category 3: High mobility multipurpose wheeled vehicles (HM MWV), two -and- one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Category 4: Tracked armored vehicles that provide ballistic protection to their occupants
* Category 5: Command and control vehicle s that are either built or modified to facilitate the operational control and direction of public safety units Category 6: Weaponized aircraft, vessels, or vehicles of any kind * Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category 8: Firearms and amm unition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition * Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
* Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles
* Category 11: Noise-flash diversionary devices and explosive breaching tools * Category 12: Munitions containing tear gas or OC, exclud ing standard, service - issued handheld pepper spray
Category 13: TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
* Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight

* Indicates a category of controlled equipment previously approved by the governing body and utilized by the Milpitas Police Department.

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Unmanned Aerial Systems (UAS) (Category 1)

An unmanned aerial system of any type that can sustain direct flight, whether remotely controlled or via pre-programing, and all the attached systems are designed for gathering information via photography, recording, or any other means.

Capability: The Milpitas Police Department uses UAS of varying sizes and capabilities to enhance public safety. The UAS can be deployed when an overhead view would assist officers or incident commanders with planning and res ponding to a situation. Types of situations include but are not limited to, infrastructure damage assessments, major traffic collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life-preservation missions, and/or in response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention. All UAS used by the Department is used in compliance with all federal, state, and local laws.

Usage: Use is established under Milpitas Policy Manual Section 456 and FAA Regulation 14 CFR Part 107. It is the policy of the Milpitas Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respe cts th e privacy of our community, pursuant to State and Federal law. UAS usages include collection of evidence in the form of aerial photography/video in support of an invest igation (i.e., shooting scenes, homicide scenes); support of SWAT and Patrol during high-risk, tactical, or other public safety life preservation missions (i.e., interior visual assessments of structures or outdoor areas to gain intelligence prior to offic ers entering a dwelling or conta cting a potentially armed or a resistive subject that may be hiding); to conduct aerial searches for missing persons; and provide aerial observation to assist in ma naging natural disasters (i.e., fires, f loods, storms) or in any other manner to preser ve life and enhance public safety.

Training Requirements: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. Although not required by POST o r the FAA, officers attend a 20-hour internal training course. Course topics include nomenclature, proper and safe flying techniques, privacy concerns, laws, and review of the Department’s UAS policy.

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The Department currently utilizes the following UAS:

DJI Mavic Mini

Manufacturer: DJI
Manufacturer Description: Miniature UAS that weighs approximately 249 grams and is able to record video and audio with approximately 30 minutes of flight time. This is a remotely operated battery -powered aircraft designed to be operat ed within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real- time image back to the operator.

DJI Mavic Enterprise Duals

Manufacturer: DJI
Manufacturer Description: UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. This is a remotely operated battery -powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

Cost $500 each
Quantity 2
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $3,500 each
Quantity 4
Lifespan 3-5 Years
Funding Source Grant Funding
545
Item # 20.

10 Annual Report on Controlled Equipment Use 2022
DJI Matrice 210 V2

Manufacturer: DJI
Manufacturer Description: UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. This is a remotely o perated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

DJI Matrice 300 RTK

Manufacturer: DJI
Manufacturer Description: UAS that is foul weather capable and has dual gimbal, has an IR camera, zoom camera and light. Has video recording capabilities and is approx. 14 pounds. Has 55 minutes of flight time. This is a remotely operated battery -powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

Cost $10,410
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding
Cost $11,349
Quantity 1
Lifespan 3-5 Years
Funding Source Grant Funding
546
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Autel Robotics EVO II Dual 640 - Refurbished

Manufacturer: Autel Robotics
Manufacturer Description: The EVO II Dual has about 32 -34 minutes of flight time per battery. The Orange color of the Dual is great for functionality and ease of operation and is easier to see in the sky. This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

Cost $0
Quantity 1
Lifespan 3-5 Years
Funding Source N/A
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Robots (Category 1)
A machine that is capable of being controlled remotely and can be deployed in-lieu of a human to gather visual and auditory intelligence, as well as cond uct limited physical manipulation of items.

Capability: Robots can be used to reduce risk to human life in dangerous or potentially volatile situations. They are also used in tactical support of special operations and can be used to acquire visual/audio intelligence, deliver de-escalation tools suc h as a Crisis Negotiation Team phone, open doors, and clear buildings without risk to human life.

Usage: It is the policy of the Milpitas Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. Use is authorized by the Division Captain or designee.

Training Requirements: Only assigne d operators who have completed the in-house required training shall be permitted to operate the robots. Training topics include nomenclature, operation techniques, and practical exercises.

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The Department currently utilizes the following Robots:

Robotex Avatar II

Manufacturer: Robotex
Manufacturer Description: The AVATAR II enables law enforcement to remotely inspect dangerous situations and gather video and audio intelligence, including direct -to-unit video and audio recording, a touchscreen display, increased durability, and secure Wi-Fi networking. With these capabilit ies’ officers w ill be better equipped to remotely gather intelligence and keep themselves and their teams safe from harm.

ICOR Mini Caliber

Manufacturer: ICOR
Manufacturer Description: The Mini Caliber is a l ightweight, modular portable robot designed for rapid deployment, it is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. It also includes an extendible rotating claw arm that simplifies opening door handles , providing protection and safety to their operators.

Cost $19,406
Quantity 1
Lifespan 8-10 Years
Funding Source Grant Funding
Cost $48,500
Quantity 1
Lifespan 8-10 Years
Funding Source General Funds
549
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Armored Vehicle (Categories 2 & 3)
Commercially produced 4-wheel drive vehicle designed for law enforcement that provides protection against bullets, shell fragments, and other projectiles.

Capability: The Medevac is primarily used by the Special Weapons and Tactics Team (SWAT) to safely transport personnel to and from critical incidents, extract citizens from volatile situations, high-risk rescue operations, training, provide emergency medical staff and/or Tactical Emergency Medicine (TEM) personnel a safe working environment, and to delivering equipment in high-risk environments. The Medevac can also be used to conduct rescue missions during disasters. Additionally, the vehicle is utilized for community engagement efforts and other applications deemed appropriate.

Usage: Use is established under Milpitas Policy Man ual Section 707. It is the policy of the Department to utilize the armored vehicle only for official law enforcement purposes, and pursuant to State and Federal law.

Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving techniques. POST certified driving instructors provide training consisting of safe driving practices and proper operation of the vehicle’s equipment.

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The Department currently utilizes the following Armored Vehicle:
2018 LENCO Bearcat MEDEVAC, G2

Manufacturer: LENCO
Manufacturer Description: The Lenco BearCat Medevac, also known as the MedCat, was designed to meet the combined requirements of SWAT & Tactical E mergency Medical Service Teams. The Medevac can be used as an armored Response & Rescue SWAT truck for dangerous callouts and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases. It seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Cost $388,800
Quantity 1
Lifespan 25 Years
Funding Source Capital Improvement
551
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16 Annual Report on Controlled Equipment Use 2022
Mobile Incident Command Vehicle (Category 5)
A completely self -contained c ommand post designed to provide shelter, access to department computers, and restroom facilities for extended events. This vehicle can also be used to manage/facilitate pre -planned or significant events, which require on -site planning and incident command personnel.

Capability: As a mobile base of operation, this vehicle c ontains specialized command, control, and communications equipment that can be used during critical incidents, large events, natural disasters, and community events. The repla cement command vehicle (anticipated delivery December 2023) will be equipped to function as a fully operational mobile Public Safety Answering Point (PSAP) and will serve as a backup to the existing Dispatch Center in the Police Department.

Usage: The command vehicle shall be used by trained personnel in a manner consistent with Department policy and training. Furthermore, only personnel who have completed the Departmental Training and who are properly lic ensed will be allowed to drive the command vehicle.

Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving techniques. POST certified driving instructors provide training consisting of safe driving practices and proper operation of the vehicle’s equipment.

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The Department currently operates the following MIC’s:

Mobile Incident Command Vehicle

Manufacturer: Winnebago
Manufacturer Description: 1998 Winnebago Adventurer (custom built) vehicle The MIC can also be utilized for SWAT/HNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and c ommunity events. This vehicle is scheduled to be decommissioned and replaced in December of 2023.

Manufacturer: LDV, Inc.

Manufacturer Description: The Mobile Emergency Operations Center (MEOC) will be a fully functioning Mobile Public Safety Answering Point (PSAP) and serve as a backup to our existing Dispatch Center. The MEOC will also be a shared asset used by the Police and Fire Depar tments during critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. This vehicle is under construction and delivery is expected in December of 2023.

Cost $133,166
Quantity 1
Lifespan Expired
Funding Source Unknown
Cost $1,250,000
Quantity 1
Lifespan 25 Years (Chassis)
6 Years (IT Systems)
Funding Source Capital Improvement
553
Item # 20.

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40 MM Less-Lethal Launchers and Munitions (Categories 10, 12, & 14) A single-shot impact launcher capable of firing an array of less-lethal 40mm rounds.

Capability: De-escalate situations using less-lethal force and gain compliance from a safe distance. 40MM Less-Lethal Launchers have an effect range of up to 20 yards.

Usage: The 40mm less-lethal launc her may be deployed to gain compliance or de- escalate conflicts to help prevent a situation from becoming a lethal force situation. The system’s effectiveness provides time and distance between officers and a suspect , reducing the immediacy of the threat and allows opportunity for further de-escalation. This system can be used to address self-destructive/suicidal, dangerous, and/or combative individuals; to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera); against potentially vicious animals; and for riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.

Training Requirements: Sworn members utilizing 40MM less-lethal chemical agents or impact rounds are trained in their use by POST-Certified less-lethal chemical agent’s instructors. Training includes a review of the Departments U se of Force Policy, nomenclature, familiarization of the system and a qualification course.

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The Department utilizes the following 40 MM Less-Lethal Launcher and Munitions:

Defense Technologies 40 MM Single Shot Launcher #1425

Manufacturer: Defense Technology

Manufacturer Description: The 40MM Single Launcher is a tactical single-shot launcher that features an adjustable Integrated Front Grip (IFG) with a ra il-mounted holographic sight. It will fire st andard 40mm less lethal am munition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel.

The Department currently possesses the following 40mm munitions:

Defense Technology 40mm Exact Impact Sponge Round #6325

Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm launcher with a rifled barrel at 325 FPS. The 30 -gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

Cost $810 each
Quantity 6
Lifespan 25 Years
Funding Source General Funds
Cost $18 each
Quantity 6 of 20
Lifespan 5 Years
Funding Source General Funds
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Defense Technology 40MM Direct Impact Marking Round #6326

Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40MM lightweight p lastic and crushable foam projectile fired from a single or multi -round purpose -built 40mm launcher with a rifled barrel at 295 FPS. The green foam nose indicates that the rou nd contains a marking agent.

Defense Technology 40MM Direct Impact Reloadable Training Kit #6530

Manufacturer: Defense Technology
Manufacturer Description: The 250-piece Direct Impact Reloadable Training Kit allows realistic training to be conducted at a fraction of the cost of using operational rounds.

These reusable projectiles can be reloaded by hand in the field i n less than 10 seconds without the need for presses or other reloading equipment. These rounds are not for use on humans.

Cost $30 each
Quantity 7 of 7
Lifespan 5 Years
Funding Source General Funds
Cost $1300 each
Quantity 1
Lifespan No Expiration
Funding Source General Funds
556
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Defense Technology Spede-Heat 40MM Long Range, CS, Round #6182

Manufacturer: Defense Technology
Manufacturer Description: The SPEDE-HEAT CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in riot situations with a high -volume continuous burn that expels its payload in approximately 20 -40 seconds from a single source. The Spede -Heat family may be used to conceal tactical movement.

Defense Technology Ferret 40MM Powder Barricade Round CS #2292

Manufacturer: Defense Technology
Manufacturer Description: A less lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance , temporary discomfort , and/or incapacitation of potentially violent or dangerous subjects.

Cost $30 each
Quantity 40 of 40
Lifespan 5 Years
Funding Source General Funds
Cost $30 each
Quantity 1 of 25
Lifespan 5 Years
Funding Source General Funds
557
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Defense Technology Ferret 40MM Powder Barricade Training Round Inert #2293

Manufacturer: Defense Technology
Manufacturer Description: An inert training less-lethal 40MM round used to penetrate barriers, s uch as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instanta neously delivers a n inert payload inside of a structure or vehicle. The 40mm inert Ferret round is primarily used to train personnel in the proper use of its deployment.

Defense Technology Ferret 40MM Liquid Barricade Training Round Inert #2263

Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40mm lightweight plasti c and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 325 FPS. The 30 -gram foam projectile delivers 120 f t/lbs. of energy on impact. The 40mm Exact Impact S ponge Round provides accurate and effective p erformance when fired from the approved distance of not less than five (5) feet a nd as far as 131 feet from the target.

Cost $23 each
Quantity 10 of 10
Lifespan 5 Years
Funding Source General Funds
Cost $23 each
Quantity 2 of 10
Lifespan 5 Years
Funding Source General Funds
558
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23 Annual Report on Controlled Equipment Use 2022
Combined Systems Inc. 40MM Sponge, Smokeless Spin Stabilized Round #4577

Manufacturer: Combined Systems Inc.

Manufacturer Des cription: A spin -stabilized projectile delivering blunt trauma effect.

Although it is extremely accurate and consistent, accuracy is dependent on the launcher.

Effectiveness depends on many variables, such as distance, clothing, stature, and the point whe re the pro jectile impacts. Its purpose is to minimize the risks to all parties through pain compliance and/or incapacitation of p otentially violent or dangerous subjects.

Cost $30 each
Quantity 261 of 600
Lifespan 5 Years
Funding Source General Funds
559
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Less-Lethal Shotgun and Munitions (Categories 9 & 14)

The less-lethal shotgun is a standard Remington Model 870, 12-gauge shotgun that has been converted to fire bean bag rounds as an alternative to lethal force when appropriate.

The less-lethal shotgun has a distinctive, orange-colored stock and foregrip to distinguish it from lethal weapons.

Capability: The less-lethal shotgun can fire a 12 -gauge Super-Sock Bean Bag Round with a maximum effective range of seventy-five (75) feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immedi acy of the threat, which is a principle of de-escalation.

Usage: The less-lethal shotguns can be deployed to de-escalate conflict and reduce the need for lethal force . The system’s effective allows time and distance between officers and a suspect, reducing the immediacy of the threat and allows opportunity for further de- escalation. This system can be used to address self-destructive/suicidal, dangerous, and/or combative individuals, to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera), against potentially vicious animals, riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.

Training Requirements: All officers must successfully complete a minimum of two hours of department training before they can deploy the l ess lethal shotgun. Training includes a review of the Departments Use of Force Policy, nomenclature, familiarization of the system, and a qualification course.

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The Department possesses the following Less Lethal Shotguns and Munitions:

Remington 870 Less Lethal 12 Gauge Shotgun

Manufacturer: Remington
Manufacturer Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12 -gauge Super-Sock Beanbag Round u p to a distance of 75 f eet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

Combined Systems Inc. Super-Sock Bean Bag Round #2581

Manufacturer: Combined Systems Inc.

Manufacturer Description: A less lethal 2.4 -inch 12 -gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired fr om the approved distanc e of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target.

Cost $946 each
Quantity 35
Lifespan 25 Years
Funding Source General Funds
Cost $32/ Box
Quantity 100 of 150 Boxes
Lifespan No Expiration
Funding Source General Funds
561
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Diversionary Devices (Category 11)

A handheld device that can be deployed to emit a flash, sound, and/or smoke.

Capability: To produce atmospheric overpressure and brilliant white light that can cause short-term (6 to 8 s econds) physiologica l/psychological, sensory deprivation to give officers a tactical advantage. A diversionary device is ideal for distractin g dangerous suspects during apprehensions, hostage rescues, room entry, or other high -risk arrest situations.

Usage: Diversionary devices shall only be used by officers who have been trained in the proper use. These devices can be deployed in hostage and barricaded subject situations; in high -risk (search/arrest) wa rrant services where there may be hazards to officers ; during other high-risk situations where the use would be advantageous in preserving life and/or increase officer safety; and during training exercises.

Training Requirements: Prior to using this equipment, officers must attend diversionary device training. Training is provided by POST certified instructors in the safe handling , deployment, and documentation of the use of this equipment.

Note: Some orders of Diversionary Devices can only be ordered in minimum quantities. As a result, some inventories may occasionally exceed needed amounts.

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Item # 20.

27 Annual Report on Controlled Equipment Use 2022
The Department currently possesses the following Diversionary Devices:

Combined Tactical Systems Inc. #7290-2 Noise Flash Device

Manufacturer: Combined Systems Inc.

Manufacturer Description: A non -bursting, non -fragmenting mult i-bang device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

Combined Tactical Systems Inc. #7290-9 Noise Flash Device Multi Burst

Manufacturer: Combined Systems Inc.

Manufacturer Description: A multi -bang, non -bursting, non -fragmenting multi -bang device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

Cost $52 each
Quantity 17 of 24
Lifespan No Expiration
Funding Source General Funds
Cost $60 each
Quantity 6 of 6
Lifespan No Expiration
Funding Source General Funds
563
Item # 20.

28 Annual Report on Controlled Equipment Use 2022
Defense Technology #8902 Noise Flash Device Low Role

Manufacturer: Defense Technology

Manufacturer Description: A non -bursting, limited movement and rolling, non - fragmenting device that produces a thunderous bang with an intensely bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

Cost $55 each
Quantity 3 of 24
Lifespan No Expiration
Funding Source General Funds
564
Item # 20.

29 Annual Report on Controlled Equipment Use 2022
Rifles and Munitions (Category 9)
The rifle is a long-barreled firearm designed for greater accuracy over a long distance.

Capability: The rifle provides officers the ability to engage hostile suspects from distances far greater than their handguns. The standard issued rifles can have an effective range of 600 yards and offer increased accuracy over a handgun . However, rifles are not appropriate for every situation.

Usage: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation t hat the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to, the following:
a) Situations where the officer reasonably anticipates an armed encounter. b) When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c) Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d) When an officer reasonably believes there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e) When an officer reasonably believes a suspect may be wearing body armor. f) When needed to euthanize an animal.

Training Requirements: Prior to deploying a rifle, officers must successfully complete a 16 -hour POST ap proved training cour se. The course is tau ght by POST certified instructors. Officers are required to pass a qualification course annually.

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The Department currently possesses the following rifles:

Colt Tactical Carbine Model AR-15A3

Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of ammunition, and the rifl e has a collapsible stock. The carbine provides officers the ability to engag e hostile suspects at distances generally greater than the effective distance of their handguns. Additionall y, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Colt Tactical Carbine Model M16

Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" b arrel. The magazine holds 30 rounds of ammun ition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hosti le suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, suc h as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Cost $800 each
Quantity 100
Lifespan No Expiration
Funding Source General Funds
Cost $800 each
Quantity 4
Lifespan No Expiration
Funding Source General Funds
566
Item # 20.

31 Annual Report on Controlled Equipment Use 2022
Sionics Weapons Systems Model Short Barrel Rifle (SBR) LE

Manufacturer: Sionics Weapons Systems
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) which is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds of a mmunition, and the rifle has a collapsible stock. The carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective dista nce of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Heckler and Koch Model MP5A3

Manufacturer: Heckler and Koch
Manufacturer Description: A submachine gun chambered in 9mm it is universally applicable making it useable in all areas and under all conditions. The magazine holds 30 rounds of ammunition and allows officers the ability to eng age hostile suspects at distances generally greater than the effect ive distance of their handguns. Used by the Special Weapons and Tactics Team.

Cost $1500 each
Quantity 7
Lifespan No Expiration
Funding Source General Funds
Cost $1000 each
Quantity 7
Lifespan No Expiration
Funding Source General Funds
567
Item # 20.

32 Annual Report on Controlled Equipment Use 2022
Remington Model 700 P Bolt Action Rifle

Manufacturer: Remington
Manufacturer Description: A semi -
automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge.

The .3 08 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Remington Model 700 SPS Bolt Action Rifle

Manufacturer: Remington
Manufacturer Description: A semi -automatic shoulder-fired rifle with pre cision optics that fires a .308 Winchester cartridge. The .308 rif le provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These r ifles a re typically deployed with the SWAT Sniper Team during high -risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Cost $0 each
Quantity 3
Lifespan No Expiration
Funding Source Donation
Cost $0 each
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
568
Item # 20.

33 Annual Report on Controlled Equipment Use 2022
Remington Model 700 PSS Bolt Action Rifle

Manufacturer: Remington
Manufacturer Description: A semi -automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with accuracy. The .308 rifle s are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed wit h the SWAT Sniper Team during high -risk SWAT operations and spec ial events or instances wherein Sniper Over Watch Teams are needed.

Ruger Precision Rifle Model 18028 Bolt Action Rifle

Manufacturer: Ruger
Manufacturer Description: A semi -automatic shoulder-fired rifle with precision optics that fires a .308 W inchester cartridge. The .308 rifle provides SWAT Snipers the ability to engage hostile suspects at great d istances with accuracy. The .308 rifles ar e used exclusively by officers assigne d to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high -risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

Cost $0 each
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
Cost $0 each
Quantity 1
Lifespan No Expiration
Funding Source Personal Rifle
569
Item # 20.

34 Annual Report on Controlled Equipment Use 2022
Colt M16A1 Rifle

Manufacturer: Colt
Manufacturer Description: Received from the military and converted to semi-automatic AR-15. (4) are currently in use in the Traffic Safety Unit. The traffic safety unit utili zes converted rifles to enhance the tactical capabilities when on their motorcycles to augment their service pistols when needed. (7) are in use by the Honor Guard for ceremo nial display. Honor Guard members are sworn peace officers who have been special ly chosen from all divisions of the department. Duties include prov iding funeral honors for officers who have been killed in the line of duty or other ceremonial duties as ass igned. (4) are currently not in use.

The Department currently possesses the following rifle munitions:

Federal American Eagle 9MM Luger 147 GR Full Metal Jacket

Manufacturer: Federal
Manufacturer Description: This Federal America n Eagle 9mm Luger ammunition is loaded with a 147-grain Full Metal Jacket bullet. The Full Metal Jacket bullet is for range practice and reducing fouling in the barrel. The jacket extends from the nose to the base, preventing bullet expansion and barrel leading. This ammunition is new production, non- corrosive, ammo, featuring brass cases, boxer primed, and is reloadable.

Cost $0 each
Quantity 15
Lifespan No Expiration
Funding Source 1033/ LESO Program
Cost $183/ Case
Quantity 9.5 of 20 Cases
Lifespan No Expiration
Funding Source General Fund
570
Item # 20.

35 Annual Report on Controlled Equipment Use 2022
Federal Gold Medal .223 55 Grain (GR) Rifle Round (Training)

Manufacturer: Federal
Manufacturer Description: Federal 223 Remington ammo features a lead core 55 Grain Full Metal Jacket bullet that is nonmagnetic, non -corrosive boxer primer and new virgin brass casing that can be reloaded up to seven times for those high volume 223 ammo shooters that love to reload their 223 Remington ammunition. The Federal American Eagle 223BL ammo offers muzzle velocity of 3240 feet per second and muzzle energy of 1282 ft lbs.

Hornady 9MM Critical Duty 135 GR

Manufacturer: Hornady
Manufacturer Description: This law enforcement cartrid ge offers match accuracy with a high ballistic coefficient providing superior lon g-range performance. The patented design eliminates clogging and aids in bullet expansion. A large mechanical jacket to core band works to keep the bullet and core from separa ting for maximum weight retention, excellent expansion, consistent penetration, a nd terminal performance through all FBI tactical handgun ammunition tests. The bright nickel -plated case simplifies chamber checks in reduced light and is loaded with low flas h propellant to help preserve night vision in low light firing.

Cost $236/ Case
Quantity 15 of 150 Cases
Lifespan No Expiration
Funding Source General Fund
Cost $290/ Case
Quantity 24 of 25 Cases
Lifespan No Expiration
Funding Source General Fund
571
Item # 20.

36 Annual Report on Controlled Equipment Use 2022
Hornady .223 55GR Tap Urban Rifle Round (Duty)

Manufacturer: Hornady
Manufacturer Description: Federal 223 Remington ammo features a lead core 55 Grain Full Metal Jacket bullet that is nonmagnetic, non -corrosive boxer primer and new virgin brass casing that can be reloaded up to seven times for those h igh volume 223 ammo shooters that love to reload their 223 Remington ammunition. The Federal American Eagle 223BL ammo offers a muzzle velocity of 3240 feet per second and muzzle energy of 1282 ft-lbs.

Hornady .308 Winchester A-Max Tap Rifle Round

Manufacturer: Hornady
Manufacturer Description: This law enforcement cartridge offers match accuracy with a high ballistic coefficient providing superior long -range performance. This load demonstrates expansio n and fragmentation similar to the 110 -gr. load, but with a noticeable increase in penetration and retained bullet weight. This bullet penetrates glass with minimal deflection and exhibits excellent expansion and fragmentation characteristics.

Cost $160/ Case
Quantity 45 of 300 Cases
Lifespan No Expiration
Funding Source General Fund
Cost $250/ Case
Quantity 16 of 60 Cases
Lifespan No Expiration
Funding Source General Fund
572
Item # 20.

37 Annual Report on Controlled Equipment Use 2022
Chemical Agents and Smoke Canisters (Category 12)
Canisters containing non-lethal chemical agents and/or smoke that are released when deployed.

Capability: Chemical agent and smoke canisters have a variety of individual capabilities and applicatio ns. Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to powder, a liquid mist, smoke, pyrotechnic devices, and vapor aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has indoor and outdoor capabilities and uses.

Usage: The use of chemical agents causes mucous membranes and expo sed skin to become inflamed resulting in a burning sensation. It provide s a temporary respiratory effect and induces discomfort on the skin. Smoke canisters are used to create a diversion or conceal the movement of a tactical team. Chemical agents and smoke canisters may be utilized during confrontations with violent or potentially violent suspects, as a less lethal option to assist with dispersing violent crowds, and/or for the arrest of suspects.

Training Requirements: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical age nt instructors. Sworn members are trained in the proper use of chemical agent cannisters and smoke canisters , nomenclature, and documentation for the use of this equipment.

573
Item # 20.

38 Annual Report on Controlled Equipment Use 2022
The Department currently possesses the following chemical agent and smoke canisters:

Defense Technology Flameless Tri-Chamber Safe-Smoke Canister #1033

Manufacturer: Defense Technology
Manufacturer Description: The design of the Tri-Chamber Flameless Saf-Smoke allows for the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. Primary designed for indoor tactical situations will deliver about 20-25 seconds of burn time. Was designed for barricaded situations in m ind to primarily detect and or dislodge a barricades subject. The purpose of the Tri-Chamber Flameless Saf-Smoke is to minimize the risk to all parties through pain compliance and or incapacitation of potentially violent or dangerous subjects.

Defense Technology Military Style Saf-Smoke Canister #1063

Manufacturer: Defense Technology
Manufacturer Description: The Saf-Smoke canister was designed for training but may also be used in operations. The Saf -Smoke offers the same burn times as other smoke canisters making it an appropriate choice for training or simulation deployment of chemical agent canisters.

Cost $40 each
Quantity 1 of 10
Lifespan 5 Years
Funding Source General Fund
Cost $22 each
Quantity 11 of 15
Lifespan 5 Years
Funding Source General Fund
574
Item # 20.

39 Annual Report on Controlled Equipment Use 2022
Defense Technology Maximum HC Smoke Military Style Canister #1083

Manufacturer: Defense Technology
Manufacturer Description: The Maximum HC Smoke is designed speci fically for outdoor use in criminal riotous situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. The smoke can be used to conceal tactical movement. The volume of smoke and agent is vast and obtrusive.

Defense Technology Han-Ball Grenade CN #1091

Manufacturer: Defense Technology
Manufacturer Description: The Han -Ball Grenade is a launchable grenade and is a maximum effect d evice that delivers three stimuli for psychological and physiologic al effects: light, sound and CS. This grenade is a launchable and combines loud report and flash with effects of chemical agents making it suitable for riot control situations.

Cost $30 each
Quantity 8 of 10
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 5 of 5
Lifespan 5 Years
Funding Source General Fund
575
Item # 20.

40 Annual Report on Controlled Equipment Use 2022
Defense Technology Han-Ball Grenade CS #1092

Manufacturer: Defense Technology
Manufacturer Description: The H an-Ball Grenade is a launchable grenade and is a maximum effec t device that delivers three stimuli for psychological and physiolo gical effects: light, sound and CS. This grenade is a launchable and combines loud report and flash with effects of chemical agents making it suitable for riot control situations.

Defense Technology Flameless Expulsion Grenade Inert #2043

Manufacturer: Defense Technology
Manufacturer Description: The Inert Flameless Expulsion Grenade is a training device that will allow team members to deploy the grenade without effect ing roll players. This compact, non-pyrotechnic, inert powder device provides safe expulsion without risk of fire. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet.

Cost $40 each
Quantity 50 of 50
Lifespan 5 Years
Funding Source General Fund
Cost $40 each
Quantity 3 of 3
Lifespan 5 Years
Funding Source General Fund
576
Item # 20.

41 Annual Report on Controlled Equipment Use 2022
Breaching Tools (Categories 7/9)

Tools that are used to gain entry into structures by defeating locks and/or fortifications.

These tools include breaching shotguns and explosive breaching equipment.

Capability: A breaching shotgun can defeat lightly fortified or locked doors . Explosive breaching tools can defeat heavily fortified doors and st ructures. The listed breaching tools are utilized by SWAT operators and are capable of breaching glass, metal doors, wood doors, deadbolts, locks, and hinges.

Usage: Breaching (or forced entry) is used to rapidly access a locked or fortified room or structure to preserve life, affect and arrest, or to conduct a search when lawfully able to do so. Forced entry is strictly regulated and may only be done when legal parameters are met.

Training Requirements: Sworn members are trained in the proper use of the breaching shotgun. Explosive breacher(s) shall be licensed as a Blaster by Cal/OSHA. Explosive Breachers will attend an approved "Tactical Energetic Breaching" course.

577
Item # 20.

42 Annual Report on Controlled Equipment Use 2022
The Department currently possesses the following explosive breaching tools:

Remington 870 Short Barrel Breaching Shotgun

Manufacturer: Remington

Manufacturer Description: This weapon allows breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand -off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure.

Combined Tactical Systems 12 Gauge Breaching Munition #2570

Manufacturer: Remington

Manufacturer Description: 12-gauge frangible slug to disrupt locking mechanisms and hinges, defeat and breach external and internal doors.

Cost $810 each
Quantity 2
Lifespan 25 Years
Funding Source General Fund
Cost $7/ Box
Quantity 24 of 24 Boxes
Lifespan No Expiration
Funding Source General Fund
578
Item # 20.

43 Annual Report on Controlled Equipment Use 2022
Defense Technology TKO 12 Gauge Breaching Round #3105

Manufacturer: Defense Technology

Manufacturer Description: The 12-Gauge TKO Breaching Round is a 12 -Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. The TKOP is capable of defeating door lock mechanisms, doorknobs, h inges, deadbolts safety chains and pad locks on both wooden or hollow core doors. Upon impact the zinc slug disintegrates into a fine powder eliminating fragmentation.

Dyno Noble Inc. Primacord (UN0065)

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: PRIMACORD is a detonating cord that is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400m/s, any common length of d etonation cord appears to explode instantaneously. It is a highspeed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Explosive entry is a non-lethal force option, but it should only be used when you can justify tha t spending any length of time in front of a door with a mechanical breach would be too dangerous for the office r conducting the breach or that mechanical breaching would fail on a reinforced objective.

Cost $7/ Box
Quantity 3 of 3 Boxes
Lifespan No Expiration
Funding Source General Fund
Cost $2/ Foot
Quantity 3000 Feet
Lifespan 10 Years
Funding Source General Fund
579
Item # 20.

44 Annual Report on Controlled Equipment Use 2022
Nonel Lead Line (UN0349)

Manufacturer: Dyno Nobel Inc.

Manufacturer Descripti on: NONEL LEAD LINE provides maximum flexibility to the blaster in choosing a position of safety from which to initiate nonelectric blast rounds in either underground or surface applications. LEAD LINE propagates a low energy signal, similar to a dust exp losion, at approximately 6500 ft/sec (2000 m/sec) a long the tubes length with minimal disturbance to the outside of the tube.

Nonel Detonator Assembly Non-Elelctric (UN0361)

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: A detonator assembly is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as a plasti c explosive. Detonator assemblies come in a variety of types, including non-electric caps, electric caps, and fuse caps.

Cost $1/ Foot
Quantity 5,000 Feet
Lifespan 10 Years
Funding Source General Fund
Cost $15/ each
Quantity 120
Lifespan 10 Years
Funding Source General Fund
580
Item # 20.

45 Annual Report on Controlled Equipment Use 2022
Training Summary
The safe use of certain controlled equipment require s ongoing training to maintain proficiency and required certifications. While the department conducts most ongoing training internally through the Personnel and Training Division, external training courses and services are often also necessary. Training courses can vary each year depending on operational needs and State or Federal mandates. Consumable and non-consumable equipment are often used during training to ensure competency during actual operational use. Funding sources for training include the Police Departme nt’s operating budget and/or grants.

Training Costs
The personnel cost of training is absorbed into the Department’s operating budget. The estimated cost for staff to attend externally hosted training for 2022 was approximately $7,623.00.

The below table reflects the expended controlled equipment used during training in calendar year 2022.

Item Used Cost
Defense Technology Flameless Tri-Chamber Saf-Smoke
Canister #1033 3 $120
Defense Technology Military Style Saf-Smoke Canister #1063 1 $22 Defense Technology Ferret Liquid Barricade Training Round Inert #1293 4 $92
Defense Technology Ferret Powder Barricade CS #1292/
2292 14 $420
Federal American Eagle 9mm Luger, 147 Grain (Gr) FMJ 6 Cases $1,100 Hornady 9mm Luger 135 Grain Hollow Point 5 Cases $1,450 Federal .223 55gr Rifle Round 17 Cases $4,000
Hornady .223 55gr Rifle Round, Tap Urban 4 Cases $700
Hornady .308 Winchester 155gr Rifle Round, A-Max Tap 12 Cases $3,300 Combined Systems Inc. Super-Sock Beanbag Round #2581 140 Boxes $5,040 TOTAL: $16,244
581
Item # 20.

46 Annual Report on Controlled Equipment Use 2022
Equipment Costs
The following table summarizes equipment related expenditures for calendar year 2022 and the projection of expenses in calendar year 2023. Equipment expenditures include the acquisition of new equipment, the replacement of damaged equipment, and the ongoing maintenance of the controlled equipment.

Equipment Type Annual Maintenance
(2022)
Projections
(2023)
Unmanned Aircraft
System $6,857.21 $2,500
Robots $0 $0
Armored Vehicles $1,231.64 $2000
Mobile Incident
Command $1,383.57 $2,000
40 mm Less-Lethal
Launchers $300 $300
Less-Lethal Shotguns $1,750 $1,750
Diversionary Devices $0 $1,320
Rifles $6,700 $7,000
Chemical Agents and
Smoke Canisters $0 $0
Breaching Tools $0 $0
TOTAL 18,222.42 $16,870

582
Item # 20.

47 Annual Report on Controlled Equipment Use 2022
Police Operating Budget

99.88%
Controlled Equipment Annual Maintenance

0.05%
Controlled Equipment Training

0.07%
Controlled Equipment Expenditures
Police Operating Budget
Controlled Equipment Annual Maintenance
Controlled Equipment Training
Fiscal Impact
The Milpitas Police Department is budgeted for 127 full -time employees which includes 93 full-time sworn officer positions and 34 non-sworn full-time professional staff positions.

During Fiscal Year 2021/2022 the Police D epartment had an o perating budget of $35,666,904.

Although the City of Milpitas adopts its operating budget on a fiscal year basis (beginning July 1st ) the cost of controlled equi pment expenditures is reflected in this report for calendar year 2022 as required by Assembly Bill 481.

During 2022, the Milpitas Police Department spent approximately $ 42,089.42 for controlled equipment and associated training . Some expenditures for controlled equipment were funded through State and/or Federal grants reducing the impact of acquiring, utilizing, maintaining, and training with controlled equ ipment to the Department’s operating budget. Although a portion of these ex penditures were paid for with grant funding, the total expenditures represent only 0.12% of the Police Department’s operating budget.

583
Item # 20.

48 Annual Report on Controlled Equipment Use 2022
Projected Acquisitions for 2023

Although most acquisitions can be anticipated, the unanticipated replacement of existing controlled equipment may be necessary due to loss or damage. Repla cement of these items will be handled on a case-by-case basis dependent on operational need , and in compliance with department policy for acquisition of controlled equipment.

Consumable Controlled Equipment

Consumable controlled equipment acquisitions for 2023 will remain consistent with current rep lenishment schedules and policies. Acquisitions will only restore quantities previously approved by the governing body.

Categories of consumable controlled equipment include:

• Ammunition – all calibers
• Chemical Agent and Smoke Canisters
• Specialty Munitions (40mm Munitions and Less Lethal Munitions) • Diversionary Devices

584
Item # 20.

49 Annual Report on Controlled Equipment Use 2022
Non-Consumable Controlled Equipment

Unmanned Aircraft Systems (UAS)
The Department is seeking to purchase a DJI Matrice 30 Series UAS. The UAS would enhance our service delivery capabilities and increase safety for our officers and the public. Our current UAS fleet cannot function during harsh weather events, whereas the DJI 30 Series UAS can. Funding for this purchase will come from a grant.

If grant funding is secured, t he Department is seeking to purchase a DJI Plus remote control. The new remote will be an upgrade from the current controller in use and is weather-resistant than can be operated in inclement weather. The controller has a seven (7) inch screen and is ergonomically designed. The controller will also allow for extended range and a redundant fail-safe system to work with our current UAS.

If grant funding is secured, the Department is seeking to purchase a BRINC Lemur S UAS. The BRINC Lemur S UAS has unique capabilities that are advantageous during a tactical mission. The UAS can right itself if it collides with an object and can be used as an observation platform for up to 10-hours.

Lifespan:

All UAS equipment, 3-5 years

Fiscal Impact:

No annual maintenance costs are expected.

Training:

All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend on going department training.

Manufacturer Name and Model Category Quantity Cost
DJI Matrice 30 Series 1 1 $30,000
DJI Plus Remote Control N/A 1 $1,500
BRINC Lemur S 1 1 $30,000
TOTAL: $61,500
585
Item # 20.

50 Annual Report on Controlled Equipment Use 2022
Breaching Tools
The Department is seeking to purchase an AARDVARK KBT (Kinetic Breaching Tool).

The KBT was purpose -built to fill the gap between manual f orced entry and e xplosive breaching. The KBT employs the best of physics in the form of a self -contained impact ram with powder-actuated cartridges that go directly into a door or entryway. The device captures the force of the ram within the tool so there is no projectile or explosive energy leaves the device. The KBT is designed to increases operator safety by allowing operators to breach from behind a shield or to the side of the door.

The KBT operates by using .45 caliber blanks and an eight (8) round cylinder for multiple breaches. The KBT uses a hardened impact steel ram delivering 850-foot pounds of force to breach metal security screen doors and is capable of porting cinder block walls.

Funding for acquisition of the KBT and munitions will be from grant funding. Projected cost for the equipment is listed below:

Lifespan:

Aardvark KBT – 10 or more years
.45 Caliber Blank Rounds – No Listed Expiration

Fiscal Impact:

Annual maintenance is approximately $50.

Training:

Prior to use, officers must be t rained in the proper use of the AARDVARK KBT by the manufacturer or by a department authorized trainer.

Manufacturer Name and Model Category Quantity Cost
AARDVARK KBT (Breaching Tool) 14 1 $10,750
.45 Caliber Blank Rounds 14 200 @ $2.97 each $595
TOTAL: $11,345
586
Item # 20.

51 Annual Report on Controlled Equipment Use 2022
Rifles and Accessories
The Department is seeking to obtain Sionics Weapons Systems Short Barrel LE Rifles.

The rifle features a 11.5" SIONICS premium barrel and 10.8" SIONICS handguard with an M -LOK 5 -Slot rail piece. The Mil -Spec upper and low er receivers are forged from durable aluminum and assembled with an ambidextrous safety selector and Raptor Ambidextrous charging handle.

The Department is also seeking to obtain suppressors as an attachment to the entry rifles utilized by the Departments SWAT Team. The b enefits of suppressors include noise reduction, reduced muzzle flash, reduced recoil, increased accuracy, and minimization of concussion impact. The suppressors are also capable of bringing rifle fire into approved OSHA standards.

Funding for acquisition of the Sionic Rifles and the suppressors will be from grant funding.

Projected cost for the equipment is listed below:

Lifespan:

Sionic Weapons System SBR LE – No Listed Expiration
Ti-Fighter Threaded Suppressor – No Listed Expiration

Fiscal Impact:

Annual maintenance is approximately $50.

Training:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are r equired to pass a range qualification at least once a year.

Manufacturer Name and Model Category Quantity Cost
Sionics Weapons Systems,(SBR) LE 9 8 @ $1,099.95 $8,799.60 Ti-Fighter 5.56mm Thread on Suppressor 9 15 @ $1,195 $17,925 TOTAL: $26,724.60
587
Item # 20.

52 Annual Report on Controlled Equipment Use 2022
Precision Rifle
The Department is seeking the addit ion of a Masterpiece Arms, Model PMR Pro .308 precision rifle (personally owned rifle, OAN: SRL328 -1). The rifle is a semi -automatic shoulder-fired rifle with precision optics that fires a .308 cartridge. The rifle provides SWAT Snipers t he ability to eng age hostile suspects at great distances with accuracy.

The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team.

These rifles are typically deployed with the SWAT Snipe r Team during high -risk SWAT operations and s pecial events or instances wherein Sniper Over Watch Teams are needed.

Lifespan:

Masterpiece Arms, Model PMR Pro .308 precision rifle – No Listed Expiration

Fiscal Impact:

Personal weapons are maintained at owner’s cost.

Training:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle, be a member of the SWAT team, and be assigned as a sniper.

Manufacturer Name and Model Category Quantity Cost
Masterpiece Arms, Model PMR Pro .308 rifle 9 1 $0
TOTAL: $0
588
Item # 20.

53 Annual Report on Controlled Equipment Use 2022
Department Transparency

In some instances, the application and use of controlled equipment may prompt questions or cause concern for community members.

The Milpitas Police Department strives to provide transparency on police activities, department policies, agency practices, and the use of controlled eq uipment. Remaining accountable to our community builds trust, confidence, and enhances community relationships. P rior to Assembly Bill 481, t he Milpitas Police Department regularly presented equipment purchases and policies to the Public Safety and Emergen cy Preparedness Commission and utilizes various community engagement events to introduce our community to select controlled equipment including our Unmanned Aircraft Systems, Armored Rescue Vehicle, Mobile Incident Command Vehicle, and specialized SWAT equipment. We continue to use community events to create public awareness, transparency, and education.

589
Item # 20.

54 Annual Report on Controlled Equipment Use 2022
Controlled Equipment Coordinator Report

Although the Department remains transparent with our community, we may occasionally receive complaints about our policies, practices, and/or the use of controlled equipment.

The Milpitas Police Department is co mmitted to completing thorough and fair investigations of complaints. Resolving complaints in a fair, impartial, and expeditious manner helps maintain community trust and ensures the Milpitas Police Department will continue to provide superior service to our community.

The Milpitas Police Department has a designated Controlled Equipment Coordinator that is respon sible for conducting controlled equipment inspections and audits to ensure compliance with Assembly Bill 481. The Controlled Equi pment Coordinator is also the designated point of contact for receiving citizen complaints as well as tracking policy violations related to the use of controlled equipment.

Inventory
The Controlled Equipment Coordinator conducted an invent ory check and identified controlled equipment that was not included in the inventory itemization reported on April 19, 2022. The inventory itemization in this report has been corrected to r eflect the equipment not previously included.

Complaints
The Milpitas Police Department did not receive any citizen complaints about the use or possession of controlled equipment for calendar year 2022.

Policy Violations
The Mil pitas Police Depa rtment did not identify any policy violations related to the deployment or use of controlled equipment for calendar year 2022.

590
Item # 20.

55 Annual Report on Controlled Equipment Use 2022
Conclusion

The equipment, resources, and training outlined in this report allow s the Milpitas Police Department to protect our community by enhancing public and officer safety. The use of controlled equipment aids us in resolving critical incidents safely and effectively. Although controlled equipment is utilized infrequently, it is crucial that the equipment be readily available in rapidly evolving and dynamic situations where such equipment can be used to effectively respond to threats of public safety.

When deciding how controlled equipment is funded, acquired, or used, the Milpitas Police Department considers the public’s welfare, safety, and civil l iberties. This annual controlled equipment report reaffirms the department’s commitment to providing transparency and in formation to our communities and elected officials in addition to ensuring compliance with the law.

The department places high regard to meaningful public input in using controlled equipment in our communit y. Inquires, complaints or concerns can be submitted to the Milpitas Police Department’s Controlled Equipment Coordinator via email at,

[email protected]

For more information, please visit the police department’s website at,

https://www.milpitas.gov/milpitas/departments/police

591
Item # 20.

56 Annual Report on Controlled Equipment Use 2022
Appendix

Definitions

1. Governing Body- The legislative body of the City of Milpitas.

2. Controlled Equipment- Includes items defined by California Government Code section 7070, subsections (c)(1) through (c)(16).

3. “Controlled Equipment Impact Statement” means a publicly released, written document that includes, at a minimum, all of the following:

(a) Description: A description of each type of Controlled Equipment, the quantity sought, its capabilities, expected lifespan, intended uses a nd effects, and how it works, including product descriptions from the manufacturer of the Controlled Equipment.

(b) Purpose: The purposes and reasons for which the Milpitas Police Department (hereinafter, “Police Department”) proposes to use each type of Controlled Equipment.

(c) Fiscal Cost: The fiscal cost of each type of Controlled Equipment, including the initial costs of obtaining the equipment, the estima ted or anticipated costs of each proposed use, the estimated or anticipated costs of potential adverse impacts, and the estimated or anticipated annual, ongoing costs of the equipment, including operating, training, transportation, storage, maintenance, and upgrade costs.

(d) Impact: An assessment specifically identifying any potential impacts that the use of Controlle d Equipment might have on the welfare, safety, civil rights, and civil liberties of the public, and what specific affirmative measures will be implemented to safeguard the public from potential adverse impacts.

(e) Mitigations: Specific, affirmative technical and procedural measures that will be implemented to safeguard the public from such impacts.

(f) Alternatives: Alternative method or methods by which the Police Department can accomplish the purposes for which the Controlled Equipment is proposed to be used, the annual costs of alternative method or methods, and the potential impacts of alternative method or methods on the welfare, saf ety, civil rights, and civil liberties of the public.

592
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Appendix

Policy - Controlled Equipment (Military Equipment)

708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the app roval, acquisition, and reporting of use requirements of controlled equipment, also defined as “military equipment” pursuant to Assembly Bill 481 (Government Code § 7070; Government Code § 7071; Government Code § 7072).

708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Controlled Equipment – Includes items defined in California Government Code section 7070, subsections (c)(1) through (c)(1 6); and any other item deemed to be controlled equipment by the governing body.

708.2 POLICY
It is the policy of the Milpitas Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to controlled equipment.

708.3 CONTROLLED EQUIPMENT COORDINATOR
The Chief of Police, or designee, shall act as the controlled equipment coordinator. The responsibilities of the controlled equipment coordinator include but are not limited to:
(a) Acting as a liaison to the governing body to meet the requirements of this policy. (b) Identifying equipment currently owned or used by the Milpitas Police Department, and that equipment the Department intends to acquire or use, that qualifies as controlled equipment and ensuring compliance with legislative mandates. (c) Conducting an annual inventory of all controlled equipment. (d) Collaborating with any allied agency that may use controlled equipment within the City of Milpitas (Government Code § 7071).
(e) Preparing f or, scheduling, and coordinating an annual community engagement meeting to include:

1. Publicly noticing the meeting no less than 30 days in advance.

2. Preparing for public inquiries regarding the department’s funding, acquisition, and use of equipment.
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(f) Preparing the annual controlled equipment report for submission to the Chief of Police and ensuring that the report is made available to the public on the department website (Government Code § 7072).
(g) Establishing a procedure for the public to register a complaint or concern, submit a question about the use of controlled equipment, and identify how the Department will respond.

708.4 CONTROLLED EQUIPMENT INVENTORY
A list of equipment currently held by the department or in coordination with another local agency is attached to this policy as Exhibit 1 and incorporated into this policy by reference.

The inventory list will be updated each year as part of the annual report required pursuant to AB 481.

708.5 APPROVAL
The Chief of Police or the authoriz ed designee shall obtain approval from the governing body by way of an ordinance adopting the controlled equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed controlled equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the controlled equipment (Government Code § 7071). The controlled equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting controlled equipment from the Federal Government pursuant to 10 USC § 2576a (Ex: 1033 Program)
(b) Seeking funds for controlled equipment, including but not limited to ap plying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.
(c) A cquiring controlled eq uipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of controlled equipment within the jurisdiction of this department. (e) Using any new or ex isting controlled equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of controlled equipment.
(g) Acquiring controlled equipment through any means not provided above.

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708.6 EXIGENCY- PROCUREMENT AND USE
Nothing in this policy shall prohibit the procurement or use of controlled equipment when exigent circumstances exist. In rare circumstances, exigent circums tances may occur where the immediate procurement and use of controlled equipment may be necessary to preserve life, prevent physical harm to of ficers or other persons, prevent the destruction of relevant evidence, prevent the escape of the suspect, or maintain public safety. In the event such an event occurs, the Chief of Police or the authorized designee may authorize the procurement and use of controlled equipment. Any exigent procurement and/or use of controlled equipment will be reported to the governin g body, in writing, unless such information is confidential or privileged under local, state, or federal law.

708.7 ANNUAL REPORT
Upon approval of a controlled eq uipment policy, the Chief of Police or their authorized designee shall submit a controlled equipment report to the governing body for each type of controlled equipment approved within one year of approval, and annually thereafter for as long as the controlled equipment is available for use (Government Code § 7072).

The Chief of Police or the au thorized designee shall also make each annual controlled equipment report publicly available on the department website for as long as the controlled equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of controlled equipment in department inventory.

708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicl y releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of controlled equipment.

708.9 MAINTENANCE AND RESUPPLY OF CONTROLLED EQUIPMENT
In the event a previously approved supply of controlled equipment falls below the approved quantit y, the Department may replenish the supply, as needed, without fir st obtaining additional approval from the Governing Body.

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