Agenda packet — Milpitas City Council, May 16, 2023 (part 2 of 2)

RESOLUTION NO. 23-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT NO. SD21-0010 AND PLANNED UNIT DEVELOPMENT AMENDMENT PA21-0003 TO THE MILPITAS CITY COUNCIL TO CONSTRUCT A NEW HILLSIDE HOME LOCATED ON A VACANT 1.653-ACRE SITE AT 1311 COUNTRYSIDE COURT (APN: 029-07-014) WHEREAS, on September 07, 2021, an application was submitted by Viraj Mutha, of LIVIO BUILDING SYSTEMS construction of a 5,234-square foot, one-story single-family residence and one detached accessory building on a vacant 1.653 acre site within Planned Unit Development No. 68 at 1311 Countryside Court (APN: 029-07-014). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, Planned Unit Development Amendment Permit No. PA21-0003 is also required to allow for an increase from total allowed square footage of 5,000-square-feet to 5,234-square feet and changes in the exterior finishes/design within this project and associated Planned Unit Development Area, known as PUD 68; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and WHEREAS, on April 26, 2023 the Planning Commission held a duly noticed public hearing on the subject application, at which all those in attendance were given the opportunity to speak on Project; and WHEREAS, the Planning Commission has considered all of the written and oral testimony presented at the public hearing in making its decision; and NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines and resolves as follows: SECTION 1: Recitals. The Planning Commission has considered the full record before it, which may include, but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and incorporated herein by reference. SECTION 2: Record The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based is within the Planning Department, City of Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035 DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 192
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SECTION 3: CEQA Finding The project is exempt from further environmental review under the California Conversion of Small Structures including one single-family residence, or a second dwelling unit actions may have a significant effect on the environment. The Projecconstruction of a single-family residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is consistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site. SECTION 4: Site Development Permit (Section XI-10-57.03(F)(1)) The Planning Commission makes the following findings based on the evidence in the public record in approving Site Development Permit No. SD21-0010: 1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development. The architectural design and site planning for the proposed home are aesthetically compatible with the neighboring homes, emphasizing minimizing changes to the natural topography and minimizing visual impacts. The proposed home incorporates earth-tone colors and is sited in a manner as not to draw attention when viewed from the valley floor. 2. The project is consistent with the Milpitas Zoning Ordinance. As described in Table 1 below, the proposed home meets the development standards in the R1-H Single-Family Residential Hillside Zoning District and PUD No. 68 (Countryside Estates) for setbacks, height requirements, and landscaping. is the project will require an amendment to the site design standards originally approved for PUD No. 68 to allow modifications to the total allowed square footage and exterior finishes. Table 1: Summary of Development Standards Standards Hillside & PUD 68 Requirements Proposed Complies Front Setback 25 ft. minimum when avg. slope is <16%. Otherwise, a 40 ft. minimum 69' - 7 5/32" Yes Side Yard Setback 40 ft. minimum 87' - 0 7/8" (west side) 149' - 7 3/32" (east side) Yes Rear 40 ft. minimum 69' - 1 27/32" Yes DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 193
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Standards Hillside & PUD 68 Requirements Proposed Complies Size of Main Residence 6,000 sq. ft. maximum (lots < 3 acres) 5,234 sq. ft. Yes Impervious Surfaces 8,000 sq. ft. maximum (lots < 3 acres) 30,000 sq. ft. maximum (lots > 3 acres) 7,922 sq. ft. Yes Building Height (Max.) West of crestline 17 ft. 1- Yes Parking Three spaces required Six spaces (three inside garage & three outside) Yes Crestline Zone of Protection Within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline site line. West of the crestline Yes Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in their review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines, as demonstrated in Table 2 below. Table 2: Hillside Zoning Ordinance Compliance Site and Architectural Guidelines Section 45.09-7 Consistency Finding (a) Avoid unreasonable interference with Views and Privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of residential structures on adjacent lots, will avoid unreasonable interference with views and privacy. Consistent. Due to the proposed location and minimal scale of the home in consideration of its maximum allowable size outlined in Table 3, the development will not substantially interfere with views and privacy to adjacent lots. The proposed exceeds all setback requirements, meets the maximum 17-foot, one-story height limit, and minimizes interference with views and privacy through substantial setbacks from adjacent residences to the north and south. The adjacent single- DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 194
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Site and Architectural Guidelines Section 45.09-7 Consistency Finding family residence located west of the subject property is entirely on a downslope elevation and will not have any immediate line of sight to the subject property. Additionally, PUD No. 68 dedicates most of the subject lot to the east as Common Space and will remain undeveloped. (b) Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal. Consistent. The project site is vacant and undeveloped, with a few shrubs on the higher-sloped southern portions of the lot and existing trees. No existing trees will be removed by the proposed project. As proposed, the design of the house is carefully sited to be built on the flattest portions of the lot, following the existing contours of the site to limit the amount of imported soil. The applicant proposes to install minimal landscaping, including 16 mid-size trees and various flowering plants, ground cover, and shrubs. (c) Minimize Perception of Excessive Bulk. The design of the proposed main and /or accessory structure(s) in relation to the immediate neighborhood should minimize the perception of excessive bulk. Consistent. The proposed one-story design is predominantly horizontal and includes varying rooflines, a clear delineation of different colors and materials, and punctuation of certain front and side-facing elevations to minimize the perception of bulk within the main structure and the detached ADU. Furthermore, as described above and shown in Table 3, the scale of the proposed main residence is similar to the similar lots of less than 3.0-acres in size. The combined building footprints of the main residence and the detached ADU are clustered on the 1.653-acre lot, leaving the remaining portions of the lot undeveloped. (d) Impairment of Light and Air. The proposed main or accessory structure(s) shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy. Consistent. The proposed home will not exceed 17 feet in height as permitted for homes west of the crestline and exceeds all minimum setbacks as required by the Hillside development standards. The proposed home also has a combination of flat and minimally pitched roof systems that could be used to utilize future solar energy. Regarding adjacent properties, the lot to the east is reserved as DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 195
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Site and Architectural Guidelines Section 45.09-7 Consistency Finding Common Area, and the residences to the east are greater than 500 feet away. As such, the proposed main residence will not cause an impairment to the adjacent access to light and air. (e) Grading. All grading shall be kept to an absolute minimum and shall comply with the grading ordinance criteria. Consistent. The proposed location of the main dwelling is where the existing lot is relatively flat, so grading is limited to a net increase of 121 cubic yards of import to the site. All graded soil will be repurposed as fill. Site & Architectural Design The project is designed in a Modern Contemporary style, with a variety of exterior materials and finishes, a palette of earth-tone colors, and a flat TPO (thermoplastic polyolefin) roof. The front elevation features smooth-application stucco, horizontal bands of wooden finish composite panels, accent areas of stone finish composite panels, metal garage doors, and a decorative driveway. The detached ADU is designed with the same materials to complement the main residence. Grading and Landscaping In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site, which will result in 121 cubic yards of import for the construction of a new home and the required grade at the driveway for firetruck access. The proposed landscape plan includes a variety of flowers, shrubs, and trees. No existing trees will be removed. Crestline Zone of Protection To protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Per MMC Section XI-10-45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes 100 feet immediately below when viewed from the valley floor. The proposed project is located approximately 500 feet west of the crestline and approximately 100 feet lower in elevation; the project is further restricted to a height of seventeen (17) feet and one (1) story (excluding basements) from the lowest finished grade to the highest ridgeline of the building. The project conforms to these development standards outlined in Table 1. 3. The project is consistent with the Milpitas General Plan. The proposed project is consistent with the Milpitas General Plan, particularly with Policy CD 7-5, which states that new development in the Hillside Area should be limited to only Very Low Density Residential, open space, and park uses. The project site is a legal lot within an approved Planned Unit Development, which was planned and designed to cluster the housing and protect open space. The proposed home is designed to fit in with the natural topographic features of the DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 196
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hillside property and reduce the visual impact as viewed from the valley floor. As outlined in Table 3 below. Table 3: General Plan Consistency Policy Conformance CD 7-1 Maintain the visual character of hillsides, recognizing both the importance of the exposure of hillside development from off-site public views and the importance of providing panoramic public views from and of hillsides. Consistent. The proposed Project will not significantly impact the visual character of the hillside from the valley floor or other viewpoints as the project site is located over 500 feet west and approximately 100 lower than the crestline. CD 7-2 Minimize the alteration of existing landforms and maintain the natural topographic characteristics of the hillside areas, allowing only minimal disruption. Consistent. The proposed Project will be situated at the flattest portion of the lot to limit the disruption to the existing natural topography by limiting the volume of grading only to require a net increase of 121 cubic yards to be added to the site. This is designed to accommodate the home's footprint and meet the required grade at the proposed driveway. CD 7-3 Protect the natural character of hillside areas by means of contour grading to blend graded slopes and terraces with the natural topography. Consistent. Minimal contour grading will be required to construct the new residence due to its location on the flattest areas of the lot. All new contours will be designed to blend with the natural existing site contours as demonstrated in the civil drawings in the plan set. CD 7-4 Avoid mass graded pads within hillside areas. Smaller steps or grade changes should be used over single, large, slope banks to the greatest extent feasible. Consistent. The building pad is proposed at the flattest portion of the lot and will only necessitate minimal grading, including equal amounts of cut and fill. Grading has been substantially minimized in the Project because the work follows the site's natural contours to preserve the natural terrain quality. CD 7-5 Ensure that any change in hillside land use is accompanied by appropriate safety measures and that the environmental constraints are adequately addressed especially with respect to runoff and erosion. Consistent. The change from undeveloped hillside land to a single-family home will be geotechnical report demonstrates that the design of the pier and grade beam foundation meets the necessary safety measures. The site has been designed with landscaping plants to prevent runoff and erosion best and to bond soil together DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 197
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Policy Conformance for hillside planting. The irrigation is designed to minimize the amount of water needed to further prevent erosion from occurring. As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor. SECTION 4: Planned Unit Development (Section XI-10-54.07(B)(6)(a-c)) The Planning Commission makes the following standard requirements based on the evidence in the public record in support of the Planned Unit Development Amendment. PA21-0003: 1. The proposed development will result in an intensity of land utilization no higher than and standards of open spaces at least as high as permitted or specified otherwise for such development in the General Plan, Zoning Ordinance and Subdivision ordinance. The PUD amendment and project design will result in an intensity of land utilization no higher than and standards of open space at least as high as permitted, in that the PUD requirements mirror the Hillside development standards related to site and architectural design, land utilization, planting, irrigation, and open space. This standard has been met. 2. The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA). However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by on-site provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA. The proposed PUD amendment will result in the development of one single-family home and one ADU consistent with the development standards of the R1-H Zoning District. The project will not create traffic congestion that will significantly and negatively affect existing traffic operations in the area. This standard has been met. 3. For residential development in the Valley Floor Planning Area, as defined in the Milpitas General Plan Land Use Element, the maximum dwelling unit density per gross acre shall be the upper limit of the corresponding General Plan density range within each zoning designation. In the case of the Valley Floor Planning Area residential developments proposed on land zoned "R3" (Multiple Family Residential) an overall density of up to forty (40) units per gross acre can be approved if the following criteria are found by the City Council to be met DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 198
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The proposed PUD amendment shall not have any effect on residential development density on the Valley Floor Planning Area. This standard has been met. Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d): 1. Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts. The PUD amendment, along with the project, will result in a public benefit by continuing to require the clustering of new development to protect open space and hillsides. The PUD amendment will allow a modest increase in overall square footage for the residential structure as well as modifications to the exterior architectural design consistent with contemporary development in the Bay Area. The proposed changes will not be detrimental to the light, air, or privacy of any other structure or use currently existing or anticipated. 2. The proposed Planned Unit Development is consistent with the Milpitas General Plan. The PUD amendment, along with the project, is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 3 above. 3. The proposed development will be in harmony with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obstruction, or loss of privacy that are not mitigated to acceptable levels. The proposed home's architectural design and site planning are aesthetically compatible with the neighboring homes, emphasizing minimizing changes to the natural topography. The proposed home incorporates earth-tone colors and is located on the site to minimize potential visual impacts when viewed from the valley floor. Exterior materials and finishes feature a palette of earth tone colors that are complementary to the neighboring residences. Additionally, the proposed home is situated on a 1.653-acre parcel with property lines and . SECTION 5: The Planning Commission of the City of Milpitas hereby recommends the City Council approve Site Development Permit No. SD21-0010 and Planned Unit Development Amendment PA21-0003 and adopt Resolution No. 23-009 to allow the construction of a single-family residence in the hillside district, based on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 incorporated herein.

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PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on April 26, 2023

Chair
TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on April 26, 2023, and carried by the following roll call vote:

COMMISSIONER AYES NOES ABSENT ABSTAIN
Bill Chuan
Larry Ciardella
Mercedes Albana
Alexander Galang
Dipak Awasthi
Zeya Mohsin
Sonia Medina-Ashby

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EXHIBIT 1 CONDITIONS OF APPROVAL 1311 COUNTYSIDE CT SITE DEVELOPMENT PERMIT NO. P-SD21-0010 AND PLANNED UNIT DEVELOPMENT AMENDMENT PA21-0003 (APN 029-07-014) General Conditions 1. General Compliance. The applicant and owner, including all successors in interest Site Development Permit No. SD21-0010 and Planned Unit Development Amendment PA21-0003 ) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee wi(P) 2. Modifications to project. Any deviation from the approved site plan, floor plans, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P) 3. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P) 4. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following: a. Acceptance of this Permit by Permittee; and b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit. 5. Permit Expiration. Pursuant to Section XI-10-64.06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the project: a. Completes a foundation associated with the project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner. 6. Time Extension. Pursuant to Section XI-10-64.07 of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 201
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extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P) 7. Project Job Accountthe required deposit amount, City will not continue to review or process the application until full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P) 8. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P) 9. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P) 10. Conditions. Each and every condition set forth in this Exhibit shall apply to the project and continue to apply to the project so long as the Permittee is operating the project under the permits and approvals in this Resolution. (P) 11. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P) 12. Previous Approvals. Permittee shall abide and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (P) 13. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend nd commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 202
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and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon indemnification requirements prescribed in this condition. (CA) 14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P) 15. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remain operative, binding, and fully enforceable. 16. Permittee shall develop the approved project in conformance with the approved plans dated January 27, 2023 approved by the Planning Commission on April 26, 2023, in accordance with these Conditions of Approval. (P) Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P) 17. Response to Conditions of Approval. Permittee shall provide a written response to comments upon submittal for building permit application. The responses should clearly indicate how each condition of approval has been addressed in the plans and shall note the appropriate plan sheet. (P) 18. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P) PROJECT SPECIFIC CONDITIONS Planning Department Conditions 19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill. Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P) 20. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plan materials that require excessive water after becoming established should be avoided. (P) 21. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager. (P) DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 203
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22. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (P) 23. Where any cut-or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended. (P) Fire Department The plans approved by the Planning Department process are not building plans and have not been reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). Do not consider this set of plans as final building plans approved by the Fire Department. Building plans must be submitted for review and approval before construction is to commence. The following notes are a general list of the applicable code requirements (2019) and are provided to assist with the building permit process. Please note that these are not all inclusive. All applicable Building, Fire and Municipal Code requirements must be met in advance of any building permit approvals or related construction. 24. Electronic documents. The fire code official may require electronic base documents for all construction documents and operational permits. The fire code official shall designate the software base format for the electronic documents. CFC Section 105.4.2.2, added by MMC Section V-300-2.11, and CFC Section 102.9 25. Automatic Fire Sprinkler Requirements. An automatic sprinkler system shall be provided throughout the new dwellings (main and guest), inclusive of basements and garages. Milpitas Municipal Code Section V-300-2.62, CFC Section 903.2.8 26. Fire Department access. Sheets A0.0 and A0.1 shows an acceptable Fire Dept. apparatus access. Fire apparatus access roads shall be provided for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Fire apparatus access shall meet the following: a. Fire apparatus access shall extend to within 150 feet of all portions of exterior walls of the building/structure per the California Fire Code Section 503.1. b. The proposed driveway shall be designed for fire apparatus access. Fire Access Dimensions, fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm). CFC Section 503.2.1 Exception: Milpitas Municipal Code XI-45.11 45.11-1 Privately owned and maintained access from the public road to each single-family dwelling shall be a minimum of fourteen (14) feet in width. Turning radius shall be designed to meet the Fire Department's requirements. 45.11-2 Turnout space shall be provided on driveways over one hundred fifty (150) feet in length with a maximum spacing of one hundred fifty (150) feet if driveway is less than eighteen (18) feet wide.

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45.11-3 Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet Fire Department's requirements. 45.11-4 Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance. c. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Bearing capacity for the driveway and the entry drive court shall be designed to provide a minimum of 50,000 lbs. bearing capacity for the fire apparatus. CFC Section 503.2.3 d. When there is a dead-end condition, means for fire apparatus turn-around shall be provided as per the CA Fire Code Section 503.2.5. The Fire Department reserves the right to request site design changes as needed to meet the requirements of the CFC, and/or make the request for additional fire protection measures in conformance with the CFC Section 102.9. e. The grade (maximum 15%) of the fire apparatus access road shall be within the limits Section 503.2.7 f. Electric gates. Where provided, gates shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. CA Fire Code Section 503.5 electronic switch in addition to the key pad. CA Fire Code Section 102.9 27. Premises identification. New and existing buildings shall have approved address numbers. Address numbers shall be illuminated and located where they are clearly visible from the street. CFC Section 505 28. Water supply requirements. The new fire hydrant as shown on sheets A-1 and C-2 will be required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. CFC Section 507.5.1 Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 205
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29. Sprinkler system supervision and alarms, and monitoring. It is recommended that due to the location of the home (hillside) the automatic fire sprinkler system for this home be a system that has supervision and alarm, and monitoring system in conformance to the CA Fire Code Section 903.4. Building Department 30. Compliance with California Code of Regulations. The Project shall comply with the requirements of the Building Safety and Housing Department and the California Code of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regulations Title 24 and Milpitas Municipal Code requirements applicable at the time of building permit application must be met in advance of any building permit approvals or related construction. Changes to the site plan and/or building plan require review and approval by the Building Safety and Housing Department (B) Engineering Department Land Development Engineering has reviewed this planning application and has determined that the Applicant has sufficiently addressed all previous comments. The revised building footprint is sufficiently distant from the building restriction zone outlined in the geotechnical report dated 1989 produced by William Jones Inc. to not require any additional seismic hazard investigations and reports for the project parcel. Land Development Engineering is approving this planning application with conditions PRIOR TO CONSTRUCTION PLAN SUBMITTALS The following conditions shall be met prior to any detailed construction plan check submittals (Building or Engineering, except demolition and rough grade plans), unless otherwise approved by the Director of Engineering/City Engineer. City reserves the right to reject any plan check submittal if any of the following conditions are not met. (E) 31. Modifications: The Site Development Plan dated January 27, 2023 is subject to change herein. 32. Submittal Requirements: Permittee to ensure that all plan check submittals are in accordance permit fees and/or fee deposit at the time of the submittal. PRIOR TO ENCROACHMENT PERMIT ISSUANCE The following conditions shall be addressed as part of the off-site improvement plan review and shall be met prior to encroachment permit issuance, unless otherwise approved by the Director of Engineering/City Engineer. (E) 33. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:

DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 206
Item # C13.

RESO NO. 23-009

Page 16 of 18 ends

a. Milpitas Design Guidelines: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/design-guidelines/); b. Standard details and specifications: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standard-details-and-specifications/); c. Mid-town Specific Plan design guidelines: (http://www.ci.milpitas.ca.gov/_pdfs/plan_plan_midtown.pdf); and d. Americans with Disabilities Act (ADA) requirements, where applicable. 34. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Section 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit. a. Installation of new water meter for the property. Water meters shall be radio-transmitted with a meter antenna and any repeaters or transmitters as needed with dedicated power supplies at no cost to the City at locations acceptable to the City to ensure accurate and timely reception of meter readings. 35. Water Service Agreement: Permittee shall complete a water service agreement to obtain water service. 36. Encroachment Permit: Prior to any work in the public right-of-way and/or public easement, obtain an encroachment permit with insurance requirements for all public improvements including a traffic control plan per the latest California Manual on Uniform Traffic Control Devices (MUTCD) standards to be reviewed and approved by the Engineering Department. PRIOR TO BUILDING PERMIT ISSUANCE The following conditions shall be addressed during the building plan check process and shall be met prior to any building permit issuance (except demolition permit and rough grade permit), unless otherwise approved by the Director of Engineering/City Engineer. (E) 37. Easements on the Building Permit Plans: Permittee shall depict all existing easements to remain based upon current preliminary title report and depict new easements on applicable building permit plans. 38. Water Supply and Force Majeure: The City reserves the right to suspend the issuance of building permits in case of an emergency declaration of water supply in the case of a major 39. Water Efficient Landscapes: Permittee shall comply with Milpitas Municipal Code Title VIII, Chapter 5 Water Efficient Landscapes for landscape design, including but not limited to, providing separate water meters for domestic water service and irrigation service and providing applicable landscape documentation package. 40. Development Fees: Permittee shall pay the following development fees. The information DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 207
Item # C13.

RESO NO. 23-009

Page 17 of 18 ends

subject to change. The exact fee amount shall be determined at the time of building permit fee payment. a) Storm water connection fee at $3,594/unit for single-family residential parcels 1-4 acres. b) Water connection fee at $1,910/unit for single-family residential, based upon increased water usage. c) Sewer connection fee at $1,908/unit for single-family residential, based upon increased average wastewater flow. d) Wastewater Treatment Plant fee per MMC VIII, Chapter 2, Section 7.04. e) 3.8% of applicable fees in accordance with City Resolution No. 8969 as Permitting Automation Fee. DURING CONSTRUCTION The following conditions shall be complied with at all times during the construction phase of the project, unless otherwise approved by the Director of Engineering/City Engineer. (E) 41. Dewatering: If dewatering is needed during construction, Permittee shall obtain a Short-Term Industrial Wastewater Permit from the San Jose/Santa Clara Water Pollution Control Plant for discharging the groundwater to a sanitary sewer system. 42. Prohibition of Potable Water Usage: Permittee shall use recycled water for construction purposes, including dust control and compaction. Permittee shall comply with MMC VIII-6-5.00 and 6-6.00 where potable water usage is prohibited, unless otherwise approved by the City Council. 43. Construction Staging and Employee Parking: Permittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public right-of-ways or public easements. PRIOR TO FIRST OCCUPANCY The following conditions shall be met prior to first building occupancy on either lot, unless otherwise approved the Director of Engineering/City Engineer. 44. Completion of Public Improvements: Permittee shall complete all public improvements, including but not limited to frontage improvements and facilities along South Main Street, as shown on City approved plans. 45. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance. 46. Minimum Water Demand for Private Street Hydrants: Permittee, in coordination with the developers and owners of other parcels within the Countryside Estates subdivision, shall construct any additional onsite facilities for the fire water lines that are necessary meet the minimum water demand of 1,500 gpm flow for all existing onsite fire hydrants along Countryside Court. These onsite facilities are to be private facilities to be privately DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 208
Item # C13.

RESO NO. 23-009

Page 18 of 18 ends

(P) = Planning (B) = Building (E) = Engineering (F) = Fire Prevention (CA) = City Attorney NOTICE OF RIGHT TO PROTEST The Conditions of Project Approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), began on date of adoption of this resolution. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

DocuSign Envelope ID: EC576704-9380-48BB-ADBC-DF76A2E10431 209
Item # C13.

Certificate Of Completion
Envelope Id: EC576704938048BBADBCDF76A2E10431
Status: Completed
Subject: Complete with DocuSign: Attachment A Resolution 23-009 for DocuSign.pdf Source Envelope:

Document Pages: 18
Signatures: 1
Envelope Originator:

Certificate Pages: 5
Initials: 0
Liz Medina
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
Record Tracking
Status: Original
May 2, 2023 | 10:53
Holder: Liz Medina
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Chair Bill Chuan
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 67.188.2.13
Signed using mobile
Sent: May 2, 2023 | 10:55
Viewed: May 2, 2023 | 10:56
Signed: May 2, 2023 | 10:56
Electronic Record and Signature Disclosure:

Accepted: May 2, 2023 | 10:56
ID: 397505dc-8433-49d4-87b5-1942bd0df34f
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Avery Stark
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: May 2, 2023 | 10:56
Viewed: May 2, 2023 | 10:58
Electronic Record and Signature Disclosure:

Accepted: September 7, 2022 | 11:04
ID: 0f1be86d-7131-481c-bc22-4ab9e5f4e036
Liz Medina
[email protected]
Administrative Assistant
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: May 2, 2023 | 10:56
Resent: May 2, 2023 | 10:56
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Signature
Timestamp
210
Item # C13.

Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
May 2, 2023 | 10:55
Certified Delivered
Security Checked
May 2, 2023 | 10:56
Signing Complete
Security Checked
May 2, 2023 | 10:56
Completed
Security Checked
May 2, 2023 | 10:56
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
211
Item # C13.

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

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

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

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

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: January 13, 2020 | 13:50 Parties agreed to: Chair Bill Chuan, Avery Stark
212
Item # C13.

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

How to contact Carahsoft OBO City of Milpitas:

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

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

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

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

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

To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
213
Item # C13.
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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

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

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO City of Milpitas as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of Milpitas during the course of your relationship with Carahsoft OBO City of Milpitas.
214
Item # C13.

1. HERS VERIFICATION REQUIRED FOR THE HVAC COOLING, HVAC DISTRIBUTION SYSTEM FAN SYSTEMS, AND IAQ (INDOOR AIR QUALITY).

PROVIDE EVIDENCE OF THIRD PARTY VERIFICATION (HERS) TO PROJECT BUILDING INSPECTOR, PRIOR TO FINAL INSPECTION.

2. AT FINAL INSPECTION, A MANUAL, COMPACT DISC, WEB-BASED REFERENCE, OR OTHER ACCEPTABLE MEDIA INCLUDING ITEMS 1
THROUGH 10 IN ACCORDANCE WITH CGBSC SECTION 4.410.1 SHALL BE PLACED IN THE BUILDING.

3. ALL ADHESIVES, SEALANTS, CAULKS, PAINTS, COATINGS, AND AEROSOL PAINT CONTAINERS MUST

REMAIN ON THE SITE FOR FIELD
VERIFICATION BY THE BUILDING INSPECTOR.

4. PRIOR TO ENCLOSING THE WALL AND FLOOR FRAMING, CONFIRMATION MUST BE PROVIDED TO THE

BUILDING INSPECTOR SHOWING
THE FRAMING MEMBERS DO NOT EXCEED 19% MOISTURE CONTENT.

5. PRIOR TO OCCUPANCY OF THE BUILDING, PROVIDE A LETTER FROM THE CERTIFIED GREENPOINT

RATER THAT VERIFIES COMPLIANCE
WITH THE CHECKLIST AND THE MINIMUM REQUIRED POINTS WERE ACHIEVED.

6. PROPERTY LINE SURVEY WILL BE COMPLETED BY LICENSED SURVEYOR AND PROVIDED TO THE

BUILDING INSPECTOR PRIOR TO

FOUNDATION INSPECTION

7. BUILDING HEIGHT VERIFICATION WILL BE COMPLETED BY LICENSED SURVEYOR AND PROVIDED TO

THE BUILDING INSPECTOR PRIOR

TO FRAMING INSPECTION

8. INSTALLATION INSTRUCTIONS FOR ALL LISTED EQUIPMENT SHALL BE PROVIDED

TO THE BUILDING INSPECTOR AT ROUGH INSPECTION
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
3/8" = 1'-0"

COVER SHEET
A-1.001

COVER SHEET
1311 COUNTRYSIDE CT
01-27-2023
SAGAR

SUBHENDU
1311 COUNTRYSIDE CT, MILPITAS

SITE ANALYSIS

EXISTING PROPOSED ALLOWED

LOT COVERAGE

LAND AREA COVERED BY ALL

STRUCTURES
NA

SQUARE FOOTAGE BREAKDOWN

EXISTING CHANGE IN PROPOSED
HABITABLE AREA 4,352 SF

NON-HABITABLE
AREA

DOES NOT INCLUDE COVERED

PORCHES OR OPEN STRUCTURES
NEW CONSTRUCTION OF SINGLE FAMILY HOUSE WITH 5,234 SF MAIN HOUSE AND DETACHED DADU OF 1,149 SF.

VICINITY MAP N.T.S

GENERAL NOTES

PROJECT DIRECTORY
OWNER : MIDORI CAULKIUS &

MICHAEL CAULKIUS
ARCHITECT:

SCOPE OF WORKSITE DIRECTION

DEFERRED SUBMITTALS
FIRE SPRINKLERS IN ACCORDANCE WITH NFPA 13D AND STATE AND LOCAL REQUIREMENTS NOTE THAT PER CRC 313.3.7, A SIGN OR

VALVE TAG SHALL BE INSTALLED AT THE MAIN SHUTOFF VALVE TO THE WATER DISTRIBUTION SYSTEM STATING THE FOLLOWING:

WARNING, THE WATER SYSTEM FOR THIS HOME SUPPLIES FIRE
SPRINKLERS THAT REQUIRE CERTAIN FLOWS AND PRESSURES TO FIGHT A FIRE.

DEVICES THAT RESTRICT THE FLOW OR DECREASE

THE PRESSURE OR AUTOMATICALLY SHUT OFF THE WATER TO

THE FIRE SPRINKLER SYSTEM, SUCH AS WATER SOFTENERS,

FILTRATION SYSTEMS AND AUTOMATIC SHUTOFF VALVES, SHALL

NOT BE ADDED TO THIS SYSTEM WITHOUT A REVIEW OF THE FIRE SPRINKLER SYSTEM BY A FIRE PROTECTION SPECIALIST. DO
NOT REMOVE THIS SIGN.

ZONING COMPLIANCE

THE PROJECT SHALL COMPLY WITH
2019 CALIFORNIA BUILDING CODE (CBC)
2019 CALIFORNIA RESIDENTIAL CODE
2019 CALIFORNIA MECHANICAL CODE
2019 CALIFORNIA PLUMBING CODE
2019 CALIFORNIA ELECTRICAL CODE
2019 CALIFORNIA ENERGY CODE
2019 CALIFORNIA GREEN BUILDING

STANDARDS CODE

CITY OF MILPITAS
APN : 02907014
TYPE OF CONSTRUCTION :

SECTION : 21083.9
ZONE: R-1-H
LOT AREA: 72004.68 SF
HISTORICAL: NO

NEW STRUCTURE
NEW SINGLE STOREY AREA : 6,000 SF

TOTAL FLOOR AREA
MAIN HOUSE LIVING AREA : 5,234 SF
DADU LIVING AREA : 1,140 SF
TOTAL COUNTABLE AREA : 6,384 SF

CIVIL ENGINEER
/LAND SURVEYOR:

LANDSCAPE ARCHITECT:

FIRST (EX. GARAGE)

REED ASSOCIATES
[email protected]
408-569-1519
882 SF
GARAGE = 882SF
882 SF

MIDORI CAULKINS & MICHEAL CAULKINS
7,922 SF
(11 %)

FIRST LEVEL
PATIO

DRIVEWAY
TOTAL
= 5,234 SF
= 627 SF
= 912 SF
= 6,773 SF

MEASURED TO THE OUTSIDE

SURFACE OF EXTERIOR WALLS

FLOOR AREA
NA
5,234 SF
(7.27 %)
FIRST LEVEL = 5,234 SF
8000 SF
6000 SF
(11.11 %)
(8.33 %)

SETBACKS

EXISTING PROPOSED ALLOWED
FRONT
REAR
LEFT
RIGHT
= 4352
TS/CIVIL ENGNIEERING Inc.
408-316-2696

LIVIO BUILDING SYSTEMS

SINGLE FAMILY

DRAWING INDEX
DADU = 1,150 SF DADU=1200 SF

SHEET NUMBER DRAWING NAME ISSUE DATE
A-1.001 COVER SHEET 03-22-2023
A-1.003 SITE LAYOUT 03-22-2023
A-2.001 MAIN HOUSE PLAN 03-22-2023
A-2.002 ROOF PLAN 03-22-2023
A-3.001 FRONT AND LEFT ELEVATION 03-22-2023
A-3.002 REAR AND RIGHT ELEVATION 03-22-2023
A-4.001 SECTION A-A AND B-B 03-22-2023
A-5.001 DOOR & WINDOW SCHEDULE 03-22-2023
A-6.001 AREA CALCULATION 03-22-2023
A-7.001 TYPICAL DETAILS 03-22-2023
A-7.002 TYPICAL DETAILS 03-22-2023
A-7.003 MATERIAL BOARD 03-22-2023
A-7.004 LIGHTING LAYOUT 03-22-2023
C0 GRADING AND DRAINAGE COVER SHEET 03-22-2023
C1.1 GRADING AND DRAINAGE PLAN 03-22-2023
C1.2 GRADING AND DRAINAGE PLAN 03-22-2023
C2 CONSTRUCTION DRAWING 03-22-2023
C3 EROSION CONTROL 03-22-2023
C4 BMP SHEET 03-22-2023
L1.0 LANDSCAPE PLANTING PLAN 03-22-2023
L2.0 LANDSCAPE HYDROZONE PLAN 03-22-2023
L3.0 LANDSCPAE CONSTRUCTION DETAILS 03-22-2023
L3.1 LANDSCAPE CONSTRUCTION DETAILS 03-22-2023
L4.0 LANDSCAPE SPECIFICATIONS 03-22-2023
U-1 UTILITY PLAN 03-22-2023
4,352 SF
SITE
149' - 7 3/32"
69' - 1 27/32"
87' - 0 7/8"
69' - 7 5/32"
[email protected]
[email protected]
SITE
SITE
25'
40'
40'
NA
NA
NA
NA
NA
NA

HEIGHT OF BUILDING
(FROM THE GRADE LEVEL)

PROPOSED ALLOWED
17' 17'
25'
215
Item # C13.

DN
318
320
324
322
318
316
FROM SHEET C1.1
SEE SHEET C1.1
EX. AC

DRIVEWAY

BUILDING RESTRICTION ZONE PER REVISED

DEVELOPMENT CATAGORIES MAP, JANUARY
1990, WILLIAM JONES, INC.

ACTIVE FAULT TRACE AT SURFACE
TRACT NO.8652
LOT A

LANDS OF COUNTRYSIDE ESTATES
(PRIVATE COMMON OPEN SPACE)
LOT A
LOT C
14' PRIVATE ROAD
2,349 SF

0.054 AC±
LOT 6
72,000 SF

1.653 AC±
25' SETBACK 25' SETBACK
40' SETBACK
40' SETBACK
10'
S38°36'54"E 360.00'
S51°23'06"W
200.00'
N38°36'54"W 360.00'
N51°23'06"E
200.00'

1.59' CLEARANCE
SD BOTTOM 323.18
SS TOP 321.59

AC PAVING
4" AC/10" AB
AD RIM 346.25
INV 344.25
AD RIM 346.43
INV 343.63
AD RIM 346.40
INV 343.36
AD RIM 346.38
INV 344.38
"T" OUTFALL WITH RIP-RAP
INV 332.34
SEE DETAIL H SHEET C2

30.34'-SD 6" PVC @1% MIN

30.50'-SD 6" PVC @1% MIN

27.29'-SD 6" PVC @1% MIN
AD RIM 346.27
INV 343.97

40.75'-SD 6" PVC @1% MIN

79.50'-SD 6" PVC @1% MIN
AD RIM 341.93
INV 339.93
INV 343.94

19.45'-SD 6" PVC @1% MIN
"T" OUTFALL WITH RIP-RAP
INV 337.52
SEE DETAIL H SHEET C2

24.65'-SD 6" PVC @1% MIN

32.54'-SD 6" PVC @1% MIN

27.29'-SD 6" PVC @1% MIN
SEE SHEET C1.2
FROM SHEET C1.1
(N) 4.0' PROPOSED RETAINING
WALL
INSTALL 2" WEEP HOLES @ 4' ON
CENTER. OR AS RECOMMENDED BY

STRUCTURAL ENGINEER

PROPOSED FIRE

HYDRANT
TWO (2) 5±" RISERS
TWO (2) 5±" RISERS
<< <<
<<
<<
< <
< < <<
<<
<<
<<
<<
<<
EARTHEN SWALE (TYP.)
SEE DETAIL G SHEET C2

FIRE TRUCK

TURNAROUND

THE DRIVEWAY IS TO BE MADE OF
AN "ALL WEATHER" MATERIAL
CAPABLE OF HOLDING 75,000
POUNDS.
(N) PERMEABLE PAVERS

DRIVEWAY
(N) PERMEABLE PAVERS

DRIVEWAY
(N) ELECTRICAL METER

13.91'

10.00' MIN
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???
???
???
???
???
???-TOP
???-TOP
???-HP
???-AG
???
??? ???
???
???
???
???
???
???
???
???
???
???
???
TRW ???
BRW ???
???
??????
???
TRW ???
BRW ???
???
???
???
???
???
???
???
???
???
???
???
???
TOP-???
TOP-?? ? TOP-???
TOP-??? TOP-??? TOP-??? TOP-??? TOP-??? TOP-???
TOP- ???
TOP-???
???
???
???
???
???
???
??? ??? ???
???
???
???
???
???
???
???
???
???
???
???
???
???
??????
???
???
???
???
???
???
???
???
???
TRW ???
BRW ???
TRW ???
BRW ???
TRW ???
BRW ???
TRW ???
BRW ???
TRW ???
BRW ???
TRW ???
BRW ???
TRW ???
BRW ???
TRW ???
BRW ???
TRW ???
BRW ???
TOP-???
???
??? ???
???
???
???
???
???
???
???
???-HP
FH
25' SETBACK
40' SETBACK

PROPOSED RETAINING
WALL

PROPOSED BACKYARD

SETBACK LINE

PROPERTY LINE

FAULT LINE
FAULT LINE SETBACK.
+0'6"
+0'0"
+0'0"
+0'0"
+0'6"
+0'0"
+0'0"
+0'6"

CONCRETE

DRIVE WAY

PERMEABLE PAVERS

PARKING

FOR FIRE

APPARATUS
28'-10 9/32"
25'-0" 40'-0"
40'-0"
20' - 0"
R 28' - 0"R 28' - 0"
R 28' - 1 9/32"
14' - 0"
DN
A-3.001 2
ENTRY
ENTRY
DADU
34' - 0"
25' - 6 11/16"
35'-1" X 20'-0"
GARAGE
35' - 1"

WEST SIDE SETBACK
40' - 0"

FRONT SETBACK
25' - 0"

NORTH SIDE SETBACK
25' - 0"

EAST SIDE SETBACK
40' - 0"
360' - 0"
200' - 0"
360' - 0"
200' - 0"
40' - 0"29' - 1 27/32"60' - 3"70' - 7 5/32"

SETBACK LINE

PROPERTY LINE
W
W
W
W
W
W
GM
EM

FAULT LINE

SETBACK FROM FAULT LINE

FAULT LINE
20' - 0"

DRIVEWAY

DRIVEWAY
25' - 0" 54' - 7 1/8" 46' - 11" 23' - 1" 123' - 4" 62' - 0 7/8" 25' - 0" 25' - 0" 54' - 7 1/8" 46' - 11" 23' - 1" 123' - 4" 62' - 0 7/8" 25' - 0" 40' - 0"29' - 1 27/32"9' - 11"26' - 6"25' - 0"29' - 5 5/32"40' - 0" W
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
1" = 20'-0"

SITE LAYOUT
A-1.003

SITE LAYOUT
1311 COUNTRYSIDE CT
01-27-2023

JUNED ITAGI

SUBHENDU

SITE DATA
Countryside Estates - Lot 6
Countryside Court.

APN: 029-07-014
AREA=72,004.68 S.F.

NOTE - ALL UTILITIES TO

BE INSTALLED

UNDERGROUND
1" = 20'-0"1 SITE PLAN
216
Item # C13.

DN
29'-6" X 19'-9"

KITCHEN
28'-2" X 22'-7"

LIVING ROOM
19'-11" X 19'-6"

FAMILY ROOM
12'-4" X 8'-10"
FOYER
14'-8" X 7'-10"

LAUNDRY
15'-0" X 14'-8"
GUEST ROOM 2
9'-10" X 8'-4"
BATH
19'-10" X 18'-4"

PRIMARY

BEDROOM
13'-10" X 12'-8"
GUEST BR 39'-8" X 7'-0"
BATH
7'-0" X 5'-0"
PD
14'-4" X 4'-6"

PASSAGE
18'-6" X 7'-8"

WALK IN CLOSET
6'-1" X 6'-0"

SAUNA / STEAM
9'-6" X 6'-1"
SHOWER
10'-0" X 6'-0"
BATH
12'-6" X 6'-2"

MUDROOM
12'-11" X 6'-0"
BATH
12'-11" X 2'-0"
CLT
17'-2" X 13'-8"
GUEST BR 1
13'-0" X 8'-3"
PANTRY
5'-10" X 4'-0"
WC
9'-10" X 2'-0"
CLT
4'-4" X 2'-0"
CLT
35'-1" X 20'-0"
GARAGE
12'-6" X 5'-0"

PASSAGE
12'-3" X 8'-10"

STUDY NOOK
PATIO
9'-2" X 2'-0"
CLT
BAR

FIRE PLACE

FIRE PLACE
PANTRY
+0'6"
+1'0"
+1'0"
+0'6"
+0'6"
+0'6"
+0'6"
7'-2" X 4'-2"

PASSAGE
D1
D2
SLD1
D2
D2
SLD2
D2
SLD4
G1 G2
D2
D2
D2 D2
D2
D2
SLD1
D5
D2
D4
D2
SLD5SLD3
SLD3
D2
SLD1
SLD3
D4D3
D2
D6
W6W6
W1
W1
W1
W2 W2
W2
W3
W3
W3
W3
W3
W3
W4
W12
W5 W5W5W5
113' - 10"
0' - 6" 17' - 2" 0' - 4" 8' - 1" 0' - 5" 20' - 0" 0' - 6" 26' - 0" 0' - 6" 23' - 4" 0' - 6" 11' - 9" 0' - 6" 3' - 9"
0' - 6"
9' - 8" 6' - 0" 4' - 3 1/2" 4' - 0" 30' - 9 1/2" 16' - 0" 4' - 3" 4' - 0" 3' - 10" 6' - 0" 21' - 3" 3' - 0" 0' - 9" 50' - 8"
0' - 6" 7' - 8 1/4" 0' - 4" 11' - 11 3/4" 0' - 6" 19' - 10" 0' - 6" 8' - 10" 0' - 6" 22' - 7 5/8"6' - 0"8' - 7"4' - 0"9' - 5 3/8"
120' - 2"
0' - 6" 35' - 1" 0' - 5" 20' - 0" 0' - 6" 12' - 0" 0' - 6" 10' - 2" 0' - 4" 14' - 10" 0' - 6" 6' - 0" 0' - 4" 18' - 6" 0' - 6" 5' - 8 1/16" 9' - 1 31/32" 2' - 6" 16' - 1 31/32" 5' - 1" 3' - 0" 1' - 2" 3' - 0" 1' - 2" 3' - 0" 1' - 0" 3' - 0" 4' - 1 1/2" 2' - 0" 4' - 11" 2' - 0" 3' - 9 7/8" 6' - 0" 3' - 5 5/8" 3' - 0" 7' - 5" 3' - 0" 2' - 1 1/2" 4' - 0" 4' - 10 1/2" 14' - 0" 1' - 6" 56' - 3"
0' - 6" 25' - 6" 0' - 6" 6' - 0" 0' - 4"
2' - 0"
0' - 4" 13' - 8" 0' - 6" 6' - 5" 0' - 6"
9' - 7 3/8" 6' - 0" 6' - 11 1/8" 3' - 0" 1' - 11" 4' - 0" 24' - 9 1/2" ENTRY
W01
W01
W01W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W01
W02
W02W02
W02
W02
W02
W02
W02
W02
W02
W02
W02
W02
W02 W02
W02
W01
W02
W01
W02
W02
W02
W02
W02
W02
W02
W02
W02
W02
10' - 4"
EM
GM
20' - 0"
25' - 6"
35' - 1"
W03
W03
1-3/8" THICK SOLID CORE
FIRE RATED 20MIN. DOOR
w/ SELF CLOSING HINGE &

SELF LATCHING
22'-3" X 5'-6"

GARAGE SPACE
1/4" SLOPE
1/4" SLOPE
A. 5/8" TYPE "X" GYP. BD. WALL AND CEILING FINISH, TYP.

B. NO DUCTS PENETRATE THE GARAGE WALLS.

C. DUCTS PENETRATING THE WALLS OR CEILING

SEPARATING THE DWELLING FROM THE GARAGE SHALL
BE CONSTRUCTED OF A MINIMUM 26 GAUGE SHEET

STEEL OR OTHER APPROVED MATERIAL AND SHALL
HAVE NO OPENING INTO THE GARAGE.
12'-3" X 8'-10"

STUDY NOOK
2 A-4.001
3 A-4.001
2' - 0"
2' - 0"
2' - 0"
2' - 0"

OVERHANG

OVERHANG
W12
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
3/16" = 1'-0"

MAIN HOUSE PLAN
A-2.001

MAIN HOUSE PLAN
1311 COUNTRYSIDE CT
01-27-2023

SHRADHA

SUBHENDU
3/16" = 1'-0"1 LEVEL 1
217
Item # C13.

SKL-1SKL-1SKL-1SKL-1
SKL-1SKL-1
14' - 0"
16' - 0"
16' - 6"
14' - 0"
14' - 0"
14' - 0"
TPO
TPO
TPO
TPO
TPO
TPO
9' - 6" 28' - 1" 18' - 11" 30' - 6" 21' - 4" 12' - 9" 6' - 3" 127' - 4"
40' - 0" 15' - 0" 19' - 0" 20' - 4" 29' - 10"
124' - 2"
20' - 6" 24' - 10" 7' - 4" 6' - 7"
59' - 3"
30' - 5" 22' - 11" 4' - 11"
58' - 3"
LINE OF EXT. WALL
2 A-4.001
3 A-4.001
2' - 0"
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
3/16" = 1'-0"

ROOF PLAN
A-2.002

ROOF PLAN
1311 COUNTRYSIDE CT
01-27-2023
SAGAR

SUBHENDU
3/16" = 1'-0"1 ROOF TOP
218
Item # C13.

GRADE LEVEL
0' - 0"
LEVEL 1
1' - 0"

ROOF BOTTOM
11' - 6"

ROOF TOP
13' - 6"

TOP OF THE ROOF
17' - 0"
G2G1
W5 W5 W5 W5
W6 D1 W6
W7
W1
W2 W2
W9
W3 W4
3' - 6"2' - 0"10' - 6"1' - 0"

BUILDING HEIGHT
17' - 0"

BUILDING HEIGHT
9' - 0"

BUILDING HEIGHT
12' - 0"
14' - 6"
17' - 0"
16' - 6"
GM
2' - 3"
1" GROOVES
1" GROOVES
EM
5' - 0"

GRADE LEVEL
0' - 0"
LEVEL 1
1' - 0"

ROOF BOTTOM
11' - 6"

ROOF TOP
13' - 6"

TOP OF THE ROOF
17' - 0"
D2
W3
W1

BUILDING HEIGHT
8' - 0"
GM
EM
3' - 6"2' - 0"10' - 6"1' - 0"

BUILDING HEIGHT
17' - 0"
2' - 3"
14' - 6"
17' - 0"
1" GROOVES
W13W13
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
3/16" = 1'-0"

FRONT AND LEFT

ELEVATION
A-3.001

FRONT AND LEFT ELEVATION
1311 COUNTRYSIDE CT
01-27-2023
SAGAR

SUBHENDU
3/16" = 1'-0"1 EAST SIDE ELEVATION
3/16" = 1'-0"2 SOUTH SIDE ELEVATION
219
Item # C13.

GRADE LEVEL
0' - 0"
LEVEL 1
1' - 0"

ROOF BOTTOM
11' - 6"

ROOF TOP
13' - 6"

TOP OF THE ROOF
17' - 0"
W12
W3
SLD3
W3
SLD5
W8
W3
SLD3
W9
W2
1' - 0" 10' - 6" 2' - 0" 3' - 6"

BUILDING HEIGHT
17' - 0"
GM
2' - 3"

WINDOW HEIGHT
8' - 0"

WINDOW HEIGHT
11' - 0"
14' - 6"
17' - 0"
16' - 6"
1" GROOVES1" GROOVES
W11 W2
W12
W2
W10

GRADE LEVEL
0' - 0"
LEVEL 1
1' - 0"

ROOF BOTTOM
11' - 6"

ROOF TOP
13' - 6"

TOP OF THE ROOF
17' - 0"
W1
W3
SLD4
3' - 6"2' - 0"10' - 6"1' - 0"

BUILDING HEIGHT
17' - 0"
17' - 0"
14' - 6"
16' - 6"

WINDOW HEIGHT
8' - 0"
W10
W14
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
3/16" = 1'-0"

REAR AND RIGHT

ELEVATION
A-3.002

REAR AND RIGHT ELEVATION
1311 COUNTRYSIDE CT
01-27-2023
SAGAR

SUBHENDU
3/16" = 1'-0"1 WEST SIDE ELEVATION
3/16" = 1'-0"2 NORTH SIDE ELEVATION
220
Item # C13.

REVITCARSREVITCARSREVITCARS

GRADE LEVEL
0' - 0"
LEVEL 1
1' - 0"

ROOF BOTTOM
11' - 6"

ROOF TOP
13' - 6"

TOP OF THE ROOF
17' - 0"
SHOWERWCBATHCLTGUEST ROOM 2LAUNDRYFOYERFAMILY ROOMGARAGE W3
D2 D2 SLD1
D5
W01W01
W01
W02W02W02
W02
W02W01
14' - 6"
16' - 0"
14' - 0"
16' - 6"
14' - 0"
2' - 0"
2' - 0"
FASCIA
FASCIA

OVERHANG

OVERHANG
FASCIA

TPO ROOF
3' - 6"2' - 0"10' - 6"1' - 0"

BUILDING HEIGHT
17' - 0"W02
W02
W01W01
W01
W01

GRADE LEVEL
0' - 0"
LEVEL 1
1' - 0"

ROOF BOTTOM
11' - 6"

ROOF TOP
13' - 6"

TOP OF THE ROOF
17' - 0"

WALK IN CLOSET PASSAGE SHOWER PRIMARY

BEDROOM

STUDY NOOK
W01W01
W9
SLD3
W02
W02W01
FASCIA
FASCIA
3' - 6"2' - 0"10' - 6"1' - 0"

BUILDING HEIGHT
17' - 0"
W4
2' - 0"

OVERHANG
16' - 0"
14' - 0"

TPO ROOF
W11
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
As indicated

SECTION A-A AND
B-B
A-4.001

SECTION A-A AND B-B
1311 COUNTRYSIDE CT
01-27-2023
Author

SUBHENDU
3/16" = 1'-0"2 Section 2
1/4" = 1'-0"3 Section 3
221
Item # C13.

D1 D2 D3 D4 D5 D6
G1 G2 SLD1 SLD2
SLD5SLD4SLD3
8' - 0"
4' - 0"
7' - 0"
3' - 0"
7' - 0"
2' - 8"
6' - 0"
2' - 6"
8' - 0"
3' - 0"
7' - 0"
4' - 0"
9' - 0"
9' - 0"
9' - 0"
16' - 0"
8' - 0"
8' - 0"
8' - 0"
3' - 0"
8' - 0"
6' - 0"
8' - 0"
6' - 0"
8' - 0"
16' - 0"
6' - 0"
3' - 0" 5' - 0"
8' - 0"
8' - 0"
3' - 0" 5' - 0"
3' - 0"
8' - 0"
6' - 0" 2' - 0"
4' - 0"
6' - 0" 2' - 0"
8' - 0"
14' - 0"
11' - 0"
3' - 0" 8' - 0"
3' - 0"
8' - 0"
2' - 0"
11' - 0"
9' - 0" 2' - 0"
9' - 0"
11' - 0"
16' - 0"
2' - 0"9' - 0"
11' - 0"
6' - 0"
2' - 0"9' - 0"
8' - 0"
3' - 0" 5' - 0"
2' - 0" 3' - 0"
3' - 0"
W1 W2 W3 W4 W5
W6 W7 W8 W9 W13 SKL-1
1' - 6" 6' - 6"
6' - 0"
8' - 0"
W11
4' - 6"3' - 6"
6' - 0"
W12
6' - 6"1' - 6"
4' - 0"
8' - 0"
W10
4' - 0"
3' - 6"4' - 6"
8' - 0"
W14
8' - 0"

DOOR SCHEDULE
Mark Count Width Height Head Height
D1 2 4' - 0" 8' - 0" 8' - 0"
D2 16 3' - 0" 7' - 0" 7' - 0"
D3 3 2' - 8" 7' - 0" 7' - 0"
D4 2 2' - 6" 6' - 0" 6' - 0"
D5 1 3' - 0" 8' - 0" 8' - 0"
D6 1 4' - 0" 7' - 0" 7' - 0"
G1 1 9' - 0" 9' - 0" 8' - 0"
G2 1 16' - 0" 9' - 0" 8' - 0"
SLD1 5 8' - 0" 8' - 0" 8' - 0"
SLD2 1 3' - 0" 8' - 0" 8' - 0"
SLD3 6 6' - 0" 8' - 0" 8' - 0"
SLD4 1 6' - 0" 8' - 0" 8' - 0"
SLD5 1 16' - 0" 8' - 0" 8' - 0"

WINDOW SCHEDULE
Mark Count Width Height Head Height
SKL-1 6 3' - 0" 3' - 0"
W1 3 6' - 0" 5' - 0" 8' - 0"
W2 5 3' - 0" 5' - 0" 8' - 0"
W3 6 4' - 0" 2' - 0" 8' - 0"
W4 1 14' - 0" 2' - 0" 8' - 0"
W5 4 3' - 0" 8' - 0" 11' - 0"
W6 2 2' - 0" 8' - 0" 8' - 0"
W7 1 9' - 0" 2' - 0" 11' - 0"
W8 1 16' - 0" 2' - 0" 11' - 0"
W9 2 6' - 0" 2' - 0" 11' - 0"
W10 1 4' - 0" 6' - 6" 8' - 0"
W11 1 6' - 0" 6' - 6" 8' - 0"
W12 2 6' - 0" 4' - 6" 8' - 0"
W13 2 2' - 0" 5' - 0" 8' - 0"
W14 1 4' - 0" 3' - 6" 8' - 0"
1/4" = 1'-0"

DOOR WINDOW
1/4" = 1'-0"

WINDOW SCHEDULE
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
1/4" = 1'-0"

DOOR & WINDOW

SCHEDULE
A-5.001

DOOR & WINDOW SCHEDULE
1311 COUNTRYSIDE CT
01-27-2023
SAGAR

SUBHENDU
222
Item # C13.

DN
119 SF
A
1819 SF
D
117 SF
B
292 SF
C
70 SF
F
616 SF
G1
268 SF
G2
308 SF
H
388 SF
J
530 SF
K
105 SF
I
602 SF
E
26' - 1" 20' - 11" 26' - 6" 23' - 4" 12' - 9" 4' - 3"
26' - 6" 22' - 10" 6' - 11"
23' - 3" 12' - 10" 20' - 5" 12' - 0" 25' - 10" 25' - 10" 3' - 2" 20' - 6" 20' - 10" 9' - 4" 4' - 7"
384 SF
P3
96 SF
P1
46 SF
P4
5 SF
P2
8 SF
P5
8 SF
P6
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
1/8" = 1'-0"

AREA CALCULATION
A-6.001

AREA CALCULATION
1311 COUNTRYSIDE CT
01-27-2023
SAGAR

SUBHENDU
1/8" = 1'-0"1 LEVEL 1

FIRST LEVEL AREA CALCULATION
Name AREA LENGTH AREA WIDTH Area
A 12' - 9" 9' - 4" 119 SF
B 26' - 6" 4' - 5" 117 SF
C 21' - 0" 13' - 11" 292 SF
D 87' - 4" 20' - 10" 1819 SF
E 27' - 3 7/16" 22' - 0 9/16" 602 SF
F 12' - 9" 5' - 6" 70 SF
G1 26' - 6" 23' - 3" 616 SF
G2 21' - 0" 12' - 9" 268 SF
H 20' - 6" 15' - 0" 308 SF
I 12' - 0" 8' - 9" 105 SF
J 25' - 10" 15' - 0" 388 SF
K 25' - 10" 20' - 6" 530 SF
Grand total: 12 5233 SF

COVERED PATIO & OVERHANG AREA CALCULATION
Name AREA LENGTH AREA WIDTH Area
P1 12' - 0" 8' - 0" 96 SF
P2 5' - 0" 0' - 11" 5 SF
P3 26' - 6" 14' - 6" 384 SF
P4 20' - 6" 2' - 3 1/16" 46 SF
P5 8' - 10" 0' - 11 1/8" 8 SF
P6 9' - 1 31/32" 0' - 10 7/16" 8 SF
P7 9' - 0" 5' - 7" 50 SF
P8 5' - 0" 0' - 11" 5 SF
P9 9' - 1 31/32" 0' - 11 5/32" 9 SF
P10 9' - 1 31/32" 0' - 11 1/8" 8 SF
P11 9' - 1 31/32" 0' - 11 1/8" 8 SF
Grand total: 11 628 SF
4 7

CALCULATIONS
TOTAL FLOOR AREA = FIRST LEVEL AREA + DADU

SCHEDULES
TOTAL FLOOR AREA = 5,234 + 1,150
TOTAL FLOOR AREA = 6,384 SF
ALLOWABLE FLOOR AREA (INC. DADU) = 7,200 SF
TOTAL LOT COVERAGE AREA = FIRST LEVEL AREA + PATIO
TOTAL FLOOR AREA = 5,234 + 627
TOTAL FLOOR AREA = 5,861 SF
ALLOWABLE FLOOR AREA (INC. DADU) = 8,000 SF
LOT AREA = 72004.68 SF
ALLOWED DADU = 1200 SF
ALLOWED FLOOR AREA (EX. DADU) = 6000 SF
ALLOWED TOTAL FLOOR AREA (INC. DADU) = 6000 + 1200 = 7200 SF ALLOWED LOT COVERAGE = 8000 SF
NOTE: THE DETACHED ADU IS 1150SQFT WHICH WOULD BE A PART OF BUILD PERMIT. 223 Item # C13.

METAL STUD WALL FRAMING, S.S.D.

DRAINAGE LAYER OVER FAF
FAF

EXTENDED SOLID LEG CONTROL JOINT

AT FLOOR LINES
#15 G.S.M. WITH EXTENDED SOLID LEG,
7/8" PLUS THICKNESS OF 1" RIGID FOAM

CONTROL JOINT WHERE OCCURS (SEE

ELEVATIONS) CUT LATH BEHIND

CONTROL JOINT
METAL FLOOR JOISTS, S.S.D
HANGER SUPPORT, S.S.D.
5/8" GWB
2 LAYERS BUILDING PAPER OVER RIGID

INSULATION
1" RIGID INSULATION

DRAINAGE LAYER OVER WRB
1HR. PLASTER FINISH ASSEMBLY
BATT INSULATION PER T24
SHEATHING, S.S.D.

EXTERIOR METAL STUDS,

SEE STRUCTURAL FOR SIZES
TYP. FINISH ASSEMBLY
5/8" TYPE "X" EXTERIOR SHEATHING
1" RIGID INSULATION

DRAINAGE LAYER OVER WRB,
OVER FAF, TYP.

SEALANT AND BACKER ROD
FAF OVER EDGE FLASHING, TYP.
1-5/8"
0'-1" MIN.
7/8" TYP.

METAL STUD WALL FRAMING, REFER TO
STRUCTURAL FOR SIZE AND GAUGE.
5/8" EXTERIOR SHEATHING
1" RIGID INSULATION
R7 INSULATION, PAGE 8 CF1R- CALCULATIONS

WRB,WATER RESISTIVE BARRIER

INCLUDING VAPOR PERMEABLE BARRIER

DRAINAGE LAYER OVER WEB

STUCCO NETTING (TYPICAL) OR
WIRE FABRIC LATH PER C.B.C.

OVER 3 COATCEMENT PLASTER AND FINISH COAT
5/8" TYPE 'X' GYP. BOARD
2 LAYERS BUILDING PAPER OVER INSULATION

DRAINAGE LAYER OVER WRB

PLASTER
1" RIGID INSULATION
5/8" TYPE "X" GYP. SHEATHING
SAF CONTINOUS @ INSIDE CORNER
2X WALL FRAMING, TYP.

LAP BLDG. PAPER CONTINOUS

AROUND CORNER W/ NO BREAKS
FOR A MIN. OF 12.

STAGGER COURSES.

BATT INSULATION PER T24

CORNER TRIM

CORNER SCREED
5/8" TYPE "X"

EXTERIOR SHEATHING
LAP BLDNG. PAPER CONTINOUS

AROUND CORNER W/ NO BREAKS
FOR A MIN. OF 12.

STAGGER COURSES
1" RIGID INSULATION
5/8" TYPE "X" GYP. BD.

PLASTER
BATT INSULATION PER T24
(CONDITIONED SPACES)
5/8" TYPE "X" GYP. SHEEATHING
LAP AT 12"

DRAINAGE LAYER OVER WRB

CORNER SCREED

OR TO NEXT SUPPORT
12' LAP TYP.

METAL PARAPET
FRAMING, S.S.D.

WALKABLE SURFACE

MEMBRANE INTO

OVERFLOW
SHEATHING OVER MIN.
2" TAPERED POLYISO

INSULATION
SLOPE

BUTYL SAF

EXTEND TPO OR WALKABLE COATING

INTO OVERFLOW BEYOND,
2" HIGHER THAN SCUPPER

EXTEND TPO OR WALKABLE

COATING INTO METAL SCUPPER,
SEE MFG. DETAILS
EXTEND 1.5" PAST CLADDING

WITH DRIP EDGE

SCUPPER COLLAR SOLDERED

WATERTIGHT
BATT INSULATION PER T24

EXTERIOR WINDOW

EXTERIOR WALLS

FLOOR JOIST
PAD
GRADE

WALKABLE SURFACE MEMBRANE INSTALLED PER

MANUFACTURERS SPECIFICATIONS - TPO ROOFING

SHEATHING
METAL DECK, S.S.D.

PERMEABLE AIR BARRIER
(#30 BUILDING PAPER OR EQUIVALENT)
BATT INSULATION PER T24
5/8" TYPE "X" GYP. BOARD

C SECTION
(LIGHT GAUGE STEEL)
1 2 3
4 5 6
7 8

INTERNAL FRAMING

AS PER TECHNICAL

SPECIFICATIONS

SILL PLATEPROTECTIVE

SHEATHING
HEAD

SIDE JAMB
MUNTIN
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
As indicated

TYPICAL DETAILS
A-7.001

TYPICAL DETAILS
1311 COUNTRYSIDE CT
01-27-2023

JUNED ITAGI

SUBHENDU
1/4" = 1'-0"

FLOOR ASSEMBLY AT EXTERIOR WALL
1/4" = 1'-0"

EXTERIOR WALL AT SLAB ON GRADE
1/4" = 1'-0"

EXTERIOR STUCCI ASSEMBLY
1/4" = 1'-0"

INNER CORNER
1/4" = 1'-0"

OUTER CORNER
1/4" = 1'-0"

SCUPPER SECTION
3/4" = 1'-0"1 TYPICAL WALL FRAMING SECTION
1" = 20'-0"

WINDOW FLASHING DETAILS
224
Item # C13.

NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500

TYPICAL DETAILS
A-7.002

TYPICAL DETAILS
1311 COUNTRYSIDE CT
01-27-2023
SAGAR

SUBHENDU
225
Item # C13.

NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500

MATERIAL BOARD
A-7.003

MATERIAL BOARD
1311 COUNTRYSIDE CT
01-27-2023

JUNED ITAGI

SUBHENDU

BEIGE COLOUR
STUCCO

WOODEN FINISH

FIBRE COMPOSITE
PANELS

STONE FINISH

COMPOSITE PANEL DARK GREY

STUCCOTPO OVER FLAT
ROOF

WOODEN ACP

MANUFACTURER - GAF OR EQ

STUCCO WITH BEIGE PAINT FINISH

MANUFACTURER - KELLY MOORE

WINDOWS

MANUFACTURER - ANDERSON OR EQ

GARAGE DOOR
MANUFACTURER - C.H.I OR EQ

ALUMINIUM

WINDOWS

METAL GARAGE
DOOR

STUCCO DARK GREY

MANUFACTURER - KELLY MOORE

FLAT ROOF WITH TPO

ROOFING WITH GREY FINISH

MANUFACTURER - GAF OR EQ

GLASS PANEL

MANUFACTURER - LA CANTINA OR EQ

STONE FINISH COMPOSITE PANEL

MANUFACTURER - GAF OR EQ
226
Item # C13.

DN
29'-6" X 19'-9"

KITCHEN
28'-2" X 22'-7"

LIVING ROOM
19'-11" X 19'-6"

FAMILY ROOM
12'-4" X 8'-10"
FOYER
14'-8" X 7'-10"

LAUNDRY
15'-0" X 14'-8"
GUEST ROOM 2
9'-10" X 8'-4"
BATH
19'-10" X 18'-4"

PRIMARY

BEDROOM
13'-10" X 12'-8"
GUEST BR 39'-8" X 7'-0"
BATH
7'-0" X 5'-0"
PD
14'-4" X 4'-6"

PASSAGE
18'-6" X 7'-8"

WALK IN CLOSET
6'-1" X 6'-0"

SAUNA / STEAM
9'-6" X 6'-1"
SHOWER
10'-0" X 6'-0"
BATH
12'-6" X 6'-2"

MUDROOM
12'-11" X 6'-0"
BATH
12'-11" X 2'-0"
CLT
17'-2" X 13'-8"
GUEST BR 1
13'-0" X 8'-3"
PANTRY
5'-10" X 4'-0"
WC
9'-10" X 2'-0"
CLT
4'-4" X 2'-0"
CLT
35'-1" X 20'-0"
GARAGE
12'-6" X 5'-0"

PASSAGE
12'-3" X 8'-10"

STUDY NOOK
PATIO
9'-2" X 2'-0"
CLT
BAR

FIRE PLACE

FIRE PLACE
PANTRY
+0'6"
+1'0"
+1'0"
+0'6"
+0'6"
+0'6"
+0'6"
7'-2" X 4'-2"

PASSAGE
ENTRY
EM
GM
12'-3" X 8'-10"

STUDY NOOK
A
A A A
A
A
A
A
A
A
A
A
AA
AA
AA
A
AA
A
A A
B

LIGHTING FIXTURE DESCRIPTION
SR. NO. SYMBOL DESCRIPTION LOCATION
A

LAMP TYPE WATTAGE VOLTAGE MOUNTING HEIGHT
NOTES:

1. CONFIRM LIGHT FIXTURES WITH OWNER/ARCHITECT PRIOR TO BID.

2. COORDINATE ALL LOCATIONS WITH ARCHITECT.

3. ALL LAMPS SHALL BE HIGH EFFICACY ACCORDING TO TITLE 24 REQUIREMENTS.

4. FOR CEILING AREAS WITH INSULATION WHERE RECESSED LIGHT CANS ARE SHOWN, PROVIDE AT-RATED FIXTURES ONLY AND INSULATION CONTACT WITH IC-RATING.

5. PERMANETLY INSTALLED LUMINAIRES IN RESIDENTIAL KITCHENS, BATHROOM, GARAGES, LAUNDRY ROOMS, AND UTILITY ROOMS SHALL BE HIGH EFFICACY LUMINAIRES. (130(b), 150(k))

6. ALL OTHER RESIDENTIAL LUMINAIRES SHALL BE HIGH EFFICACY TYPE UNLESS CONTROLLED BY CERTIFIED DIMMERS OR OCCUPANCY SENSORS. (150(k)4).

7. FOR EXTERIOR LIGHTING, SPECIFY LUMINAIRES TO BE HIGH EFFICACY AND SHALL MEET THE FOLLOWING REQUIREMENTS, AS APPLICABLE PER CENERGYC 150.0(K)(3):

I) CONTROLLED BY A MANUAL ON AND OFF SWITCH THAT DOES NOT OVERRIDE TO ON THE AUTOMATIC ACTIONS OF ITEMS B) OR C) BELOW; AND II) CONTROLLED BY PHOTOCELL AND MOTION SENSOR. CONTROLS THAT OVERRIDE TO ON SHALL NOT BE ALLOWED UNLESS THE OVERRIDE AUTOMATICALLY REACTIVATES THE MOTION

MANUFACTURER / MODEL

EXTERIOR
EXTERIOR WALL LIGHT LED 60 W 120 V REFER AR DWG.

REMARK

AS PER CLIENT

OR APPROVED EQUAL
B

EXTERIOR
EXTERIOR CEILING LIGHT LED 60 W 120 V REFER AR DWG.

AS PER CLIENT

OR APPROVED EQUAL
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
As indicated

LIGHTING LAYOUT
A-7.004

LIGHTING LAYOUT
1311 COUNTRYSIDE CT
01-27-2023

JUNED ITAGI

SUBHENDU
3/16" = 1'-0"1 LIGHTING LAYOUT
227
Item # C13.
228
Item # C13.
229
Item # C13.
230
Item # C13.
231
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232
Item # C13.
233
Item # C13.

COUNTRYSIDE COURT
APN 029-07-013LOT 5LANDS OF1499 COUNTRY CLUB DRIVE LLC
LOT ALANDS OF COUNTRYSIDE ESTATES(PRIVATE COMMON OPEN SPACE)LOT 6 10'

1.653 AC±
DN
artificial turf
R
Callbefore you dig.below.Know what's
BEFORE EXCAVATING CALL: 81148-HOURS BEFORE ALLPLANNED WORK OPERATIONSL1.0LandscapePlanting Plan Milpitas, CA1311 Countryside CourtNew Residence
PAUL JAY REEDNo. 2002
LANDSCAPE ARCHITECTURE408.481.9020 Office / 408.569.1519 Cell1345 Pauline Dr., Sunnyvale, CA 94087REED ASSOCIATESweb: www.rala.net / email: [email protected] 0102040Scale 1" = 20 ftsheet size = 36"x24"
234
Item # C13.

SIDE COURT
TRACT NO.8652LOT ALANDS OF COUNTRYSIDE ESTATES(PRIVATE COMMON OPEN SPACE)LOT 6 10'
LOT 672,000 SF1.653 AC±
DN
1 CONNECTION TO IRRIGATION WATER SUPPLY LINE. (WATER METER PROVIDEDBY OTHERS)IRRIGATION R.P. DEVICE TO BE LOCATED WITHIN AN ENCLOSURE AND WITH ACONCRETE BASE AND LOCKABLE FREEZE BLANKETENSURE DEVICE COMPLIES WITH ALL LOCAL AND CITY CODES ANDORDINANCE. artificial turf
11 1
1 1
Irrigation Controller
R
Callbefore you dig.below.Know what's
BEFORE EXCAVATING CALL: 81148-HOURS BEFORE ALLPLANNED WORK OPERATIONSL2.1LandscapeIrrigation Plan Milpitas, CA1311 Countryside CourtNew Residence
PAUL JAY REEDNo. 2002
LANDSCAPE ARCHITECTURE408.481.9020 Office / 408.569.1519 Cell1345 Pauline Dr., Sunnyvale, CA 94087REED ASSOCIATESweb: www.rala.net / email: [email protected] 0102040Scale 1" = 20 ftsheet size = 36"x24"
235
Item # C13.

BENDA BOARD IS INTENDED FOR NON-STRUCTURAL USE ONLYBENDA BOARD PLASTIC HEADER BOARD DETAIL #110SCALE:NTS

SEE CHART FOR MINIMUMRADIUS
1 1/2" ID x 13"
FINISHED GRADE TURF AREA2"
2X43 3/8" x 1 3/8" x 20'MINIMUMRADIUSPOSSIBLE36"MAXIMUMCROWNPOSSIBLE 16" / 20'SLIP JOINTHAIRPINDIMENSIONS1/2" - 3/4" MANUFACTURED BY: EPIC PLASTICS, 104 EAST TURNER RD., LODI CA 95240 SIZEDIMENSIONSACTUALHDR.

BENDA BOARDPLASTIC HEADER BOARD, SEE CHART FOR SIZES7 GA. GALVANIZEDSTEEL HAIRPIN,SEE CHART FOR WIDTH URL ADDRESS: www.epicplastics.com
PLASTIC STAKE @ 3' O.C. MAX. USEPLATED DECK SCREWS FOR ATTACHMENT

FACTORY CUT THERMAL EXPANSION SLIP JOINT

1. DO NOT SCREW THROUGH SLIP JOINT2. USE COARSE WOOD WORKING TOOLS FOR CUTTING & DRILLING3. USE PLATED SCREWS OR RING SHANK NAILS TO JOIN BOARD TO STAKE4. ALLOW FOR THERMAL EXPANSION & CONTRACTION BY LEAVING GAPS IN THE SLIP JOINTS OR AT THE END OF THE RUN (SEE CHART) WARM WEATHER INSTALL MIN GAP COLD WEATHER INSTALL MAX GAP5. STAKE APPROX 3' 0" OC (MORE FOR STRAIGHT RUNS LESS FOR CURVES)

THERMALEXPANSIONGAP AT SLIP JOINT

SEE CHARTFOR THERMALEXPANSION GAPFIINISH GRADEGROUND COVERPLANTING AREASSECTIONPLAN VIEW

COLOR MENDOCINO REDWOODBENDA BOARD
2"
7 GA. GALVANIZEDSTEEL HAIRPIN,SEE CHART FOR WIDTH

SEE CHARTFOR THERMALEXPANSION GAP

SLIP JOINT DETAIL
L3.0LandscapeConstruction Details
Milpitas, CA1311 Countryside CourtNew Residence
PAUL JAY REEDNo. 2002
LANDSCAPE ARCHITECTURE408.481.9020 Office / 408.569.1519 Cell1345 Pauline Dr., Sunnyvale, CA 94087REED ASSOCIATESweb: www.rala.net / email: [email protected] 236
Item # C13.

XFD Dripline Maximum Lateral Lengths (Feet)Inlet Pressure psi12" Spacing18" Spacing24" SpacingNominal Flow (gph)Nominal Flow (gph)Nominal Flow (gph)0.60.90.60.90.60.9152731553142504243222031816935329450836830360230413350586414403952554654026524745041728552842072048860460290596455780514XFD ON-SURFACE DRIPLINE XFD Dripline Maximum Lateral Lengths (Feet)Inlet Pressure psi12" Spacing18" Spacing24" SpacingNominal Flow (gph)Nominal Flow (gph)Nominal Flow (gph)0.60.90.60.90.60.9152731553142504243222031816935329450836830360230413350586414403952554654026524745041728552842072048860460290596455780514XFD ON-SURFACE DRIPLINE XFD Dripline Maximum Lateral Lengths (Feet)Inlet Pressure psi12" Spacing18" Spacing24" SpacingNominal Flow (gph)Nominal Flow (gph)Nominal Flow (gph)0.60.90.60.90.60.9152731553142504243222031816935329450836830360230413350586414403952554654026524745041728552842072048860460290596455780514XFD ON-SURFACE DRIPLINE XFD Dripline Maximum Lateral Lengths (Feet)Inlet Pressure psi12" Spacing18" Spacing24" SpacingNominal Flow (gph)Nominal Flow (gph)Nominal Flow (gph)0.60.90.60.90.60.9152731553142504243222031816935329450836830360230413350586414403952554654026524745041728552842072048860460290596455780514XFD ON-SURFACE DRIPLINE L3.1LandscapeConstruction Details
Milpitas, CA1311 Countryside CourtNew Residence
PAUL JAY REEDNo. 2002
LANDSCAPE ARCHITECTURE408.481.9020 Office / 408.569.1519 Cell1345 Pauline Dr., Sunnyvale, CA 94087REED ASSOCIATESweb: www.rala.net / email: [email protected] 237
Item # C13.

B. SOIL CONDITIONS
E. HANDLING OF PIPE E. OPEN G. PRELIMINARY INSPECTION AND STAGE ACCEPTANCE D. PLANTING GROUND COVERS D. COMPACTION I. FIELD QUALITY CONTROL H. ELECTRICAL WORK C. TRENCHING & BACKFILLING G. CONTROL VALVES B. INSTALLATION F. SPRINKLER HEADS

1.2 RECORD DRAWINGS B. GALVANIZED PIPE AND FITTINGS1.3 EXTRA MATERIALS A. PVC PLASTIC PIPE AND FITTINGS1.1 SUBSTITUTIONS2.0 PRODUCTS2.1 IRRIGATION SPRINKLER MATERIALS F. WEED CONTROL, PEST CONTROL, & MULCHING C. PLANTING TREES, SHRUBS, & VINES A. PREPARATION
B. ORGANIC FERTILIZERS AND SOIL AMENDMENTS A. SOIL1.5 LANDSCAPE MAINTENANCE AND GUARANTEE

1.0 GENERALIRRIGATION SPRINKLER SYSTEM AND LANDSCAPE PLANTINGLANDSCAPE SPECIFICATIONS1.4 WARRANTY F. VALVE BOXES E. BACKFLOW PREVENTION D. SPRINKLER HEADS, REMOTE CONTROL VALVES, AUTOMATIC CONTROLLER, QUICK COUPLER D. PLANT MATERIAL C. WOOD CHIP MULCH C. CONTROL WIRE L4.0LandscapeSpecifications
Milpitas, CA1311 Countryside CourtNew Residence
PAUL JAY REEDNo. 2002
LANDSCAPE ARCHITECTURE408.481.9020 Office / 408.569.1519 Cell1345 Pauline Dr., Sunnyvale, CA 94087REED ASSOCIATESweb: www.rala.net / email: [email protected] 238
Item # C13.

DN
318
320
324
322
318
316
FROM SHEET C1.1
SEE SHEET C1.1
EX. AC

DRIVEWAY

BUILDING RESTRICTION ZONE PER REVISED

DEVELOPMENT CATAGORIES MAP, JANUARY
1990, WILLIAM JONES, INC.

ACTIVE FAULT TRACE AT SURFACE
TRACT NO.8652
LOT A

LANDS OF COUNTRYSIDE ESTATES
(PRIVATE COMMON OPEN SPACE)
LOT A
LOT C
14' PRIVATE ROAD
2,349 SF

0.054 AC±
LOT 6
72,000 SF

1.653 AC±
25' SETBACK 25' SETBACK
40' SETBACK
40' SETBACK
NEW DI
RIM 319.6
INV 318.9
8" DEEP DI
10'
1+00
1+50
2+00
2+40
S38°36'54"E 360.00'
S51°23'06"W
200.00'
N38°36'54"W 360.00'
N51°23'06"E
200.00'
Dense Brush
Dense Brush
Dense Brush
Dense Brush
Dense Brush
10' PSDE FOR
BENEFIT OF LOT 6

15.00'
PUE
10' PSSE FOR
BENEFIT OF LOT 6

1.59' CLEARANCE
SD BOTTOM 323.18
SS TOP 321.59

AC PAVING
4" AC/10" AB
2" WS
1-2"
2-2"
EX. 2" WS
STA 36+72.00

9.27 R
EX. 4" SS STUBEX. 4" SSCO140 LF 4" SS @ S=0.100
55 LF 12" PVC SD
S=0.010 (PRIVATE)
172 LF 6" SD @ S=0.04
41 LF 12" SD @ S=0.020
6" SD STUB
INV 329.50
STA 36+56.44, 118.33'L
306
308
312
314
316
318
322
324
326
328
310
320
320
330
340
350
340
330
320
310
350
P326.0
AD RIM 346.25
INV 344.25
AD RIM 346.43
INV 343.63
AD RIM 346.40
INV 343.36
AD RIM 346.38
INV 344.38
"T" OUTFALL WITH RIP-RAP
INV 332.34
SEE DETAIL H SHEET C2

30.34'-SD 6" PVC @1% MIN

30.50'-SD 6" PVC @1% MIN

27.29'-SD 6" PVC @1% MIN
AD RIM 346.27
INV 343.97

40.75'-SD 6" PVC @1% MIN

79.50'-SD 6" PVC @1% MIN
AD RIM 341.93
INV 339.93
INV 343.94

19.45'-SD 6" PVC @1% MIN
"T" OUTFALL WITH RIP-RAP
INV 337.52
SEE DETAIL H SHEET C2

24.65'-SD 6" PVC @1% MIN

32.54'-SD 6" PVC @1% MIN

27.29'-SD 6" PVC @1% MIN
SEE SHEET C1.2
FROM SHEET C1.1

30.34'
2 5.65 '

40.75'

79.50'

27.29'

23.84'

32.54' 5.56'

62.24'

19.45'

30.50'

24.65'
(N) 4.0' PROPOSED RETAINING
WALL
INSTALL 2" WEEP HOLES @ 4' ON
CENTER. OR AS RECOMMENDED BY

STRUCTURAL ENGINEER

PROPOSED FIRE

HYDRANT

7.26'
TWO (2) 5±" RISERS
TWO (2) 5±" RISERS
<< <<
<<
<<
< <
< < <<
<<
<<
<<
<<
<<
EARTHEN SWALE (TYP.)
SEE DETAIL G SHEET C2

FIRE TRUCK

TURNAROUND

THE DRIVEWAY IS TO BE MADE OF
AN "ALL WEATHER" MATERIAL
CAPABLE OF HOLDING 75,000
POUNDS.
(N) PERMEABLE PAVERS

DRIVEWAY
(N) PERMEABLE PAVERS

DRIVEWAY

13.91'

10.00' MIN
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FIRE TRUCK TURN AROUND
(N)TURN AROUND

FIRE TRUCK DRIVEWAY
FH
25' SETBACK
40' SETBACK
306
308
312
314
316
318
322
324
326
328
310
320
320
330
340
350
340
330
320
310
350

PROPOSED RETAINING
WALL

PROPOSED BACKYARD

SETBACK LINE

PROPERTY LINE

FAULT LINE
FAULT LINE SETBACK.
+0'6"
+0'0"
+0'0"
+0'0"
+0'6"
+0'0"
+0'0"
+0'6"

CONCRETE

DRIVE WAY

PERMEABLE PAVERS

PARKING

FOR FIRE

APPARATUS
28'-10 9/32"
25'-0" 40'-0"
40'-0"
20' - 0"
R 28' - 0"R 28' - 0"
R 28' - 1 9/32"
14' - 0"
DN
TURNAROUND "D"

FIRE TRUCK TURNAROUND

TYPE D PER SANTA CLARA

FIRE DEPARTMENT

STANDARDS DETAIL
CFMO SD16

48.00'

40.00'
A-3.001 2
ENTRY
ENTRY
DADU
34' - 0"
25' - 6 11/16"
35'-1" X 20'-0"
GARAGE
35' - 1"
20' - 0"
360' - 0"
200' - 0"
360' - 0"
200' - 0"
40' - 0"29' - 1 27/32"60' - 3"70' - 7 5/32"

SETBACK LINE

PROPERTY LINE
SD
W
W
W
W
WW
GM
EM

FAULT LINE

SETBACK FROM FAULT LINE

FAULT LINE
20' - 0"

DRIVEWAY

SDSDSDSDSDSD
SD
SD
SD
SD
SSSSSS
SS
SS
SS
SS
SD

REAR SETBACK
40' - 0"

FRONT SETBACK
25' - 0"

SIDE SETBACK
25' - 0"

FRONT SETBACK
40' - 0"
NOTES:
• ALL DIMENSIONS ARE IN FEET AND INCHES.
• DRAWING SHALL NOT BE SCALED AND ONLY WRITTEN
DIMENSIONS SHALL BE FOLLOWED.
• ALL CENTERLINES ARE FROM THE CENTER OF

COLUMN/ WALL AND THE DIMENSIONS GIVEN ARE

CENTERLINE DIMENSIONS- -UNLESS OTHERWISE
MENTIONED.
• IN CASE OF ANY DISCREPANCY FOUND IN DRAWINGS

AND DETAILS, IT SHALL BE BROUGHT TO THE NOTICE

OF THE ARCHITECT, AND RECTIFIED, PRIOR TO
ITS EXECUTION.
• THIS DRAWING IS ISSUED STRICTLY WITH AN

UNDERSTANDING THAT IT WILL BE USED ONLY FOR

THE PURPOSE MENTIONED AND SHALL BE RETURNED
AFTER COMPLETION.
• ·LARGER SCALE DRAWINGS AND DETAILS SUPERCEDE
THE SMALLER SCALE DRAWINGS AND DETAILS.
• THIS DRAWING SHALL BE REFERRED ONLY FOR THE

PURPOSE MENTIONED IN ITS TITLE (FLOORING

PATTERN, FALSE CEILING, SHUTTERING PATTERN,
ELECTRICAL, PLUMBING, ETC.)
REVISIONS :

REV. DESCRIPTION DATE REV BY
SHEET CONTENT:

DATE:

DRAWN BY:

CHECKED BY:

SHEET NO:

SCALE:

ADDRESS : 329 S San Antonio Road Suite #4, Los Altos, CA 94022 CONTACT :

EMAIL : [email protected]
PROJECT :

THIS DOCUMENT IS THE PROPERTY OF LIVIO BUILDING SYSTEMS AND SHALL NOT BE REFERRED,

REPRODUCED, COPIED, ETC, WITHOUT EXPLICIT WRITTEN PERMISSION FROM LIVIO BUILDING

SYSTEMS, LOS ALTOS, CA USA
650-209-6500
1" = 20'-0"

UTILITY PLAN
U-1

UTILITY PLAN
1311 COUNTRYSIDE CT
01-27-2023

JUNED ITAGI

SUBHENDU
1" = 20'-0"1 SITE PLAN UTILITY

SITE DATA
Countryside Estates - Lot 6
Countryside Court.

APN: 029-07-014
AREA=72,004.68 S.F.

NOTE - ALL UTILITIES TO

BE INSTALLED

UNDERGROUND
239
Item # C13.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Terminate the Water Shortage Level 2 Drought Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 5/16/2022
Recommendation: Adopt a resolution terminating the City’s Level 2 Water Shortage Emergency.

BACKGROUND:

Prior to this winter, California had experienced three dry years in a row, which prompted state and local water regulators to call for water conservation measures. However, California’s water and snowpack conditions have vastly improved due to significant rainfall and storms between December 2022 to March 2023. The improved water supply has motivated the State and many local water regulators and agencies to ease existing drought restrictions.

On June 9, 2021, the Santa Clara Valley Water District (Valley Water) Board of Directors declared a water shortage emergency in Santa Clara County and adopted a resolution calling for mandatory 15% water use reductions.

On June 15, 2021, the Milpitas City Council adopted the 2020 Urban Water Management Plan (UWMP) and 2020 Water Shortage Contingency Plan (WSCP). The City also adopted Ordinance No. 240.7 and declared a Water Shortage Level 2 Drought Emergency.

On July 8, 2021, Governor Newsom issued Executive Order N-10-21, directing Californians to voluntarily reduce their water use by 15% compared to their water use in 2020.

On November 23, 2021, the San Francisco Public Utilities Commission (SFPUC) declared a water shortage emergency and called for a voluntary 11% water use reduction.

On January 4, 2022, in response to the Governor’s directive, the State Water Resources Control Board adopted new emergency regulations, which prohibits certain wasteful water use practices, such as the use of potable water in decorative water fountains, using irrigation systems during and within 48 hours of rain, and using water to clean sidewalks and driveways, among others. The State Water Resources Control Board readopted these emergency regulations on December 7, 2022.

On May 24, 2022, the State Water Resources Control Board adopted emergency regulations implementing Execute Order N-7-22, which requires urban water retailers to implement Level 2 Water Shortage Contingency Plan actions and to prohibit the watering of “non-functional turf” (that is, turf that is strictly ornamental and does not serve human recreational purposes) using potable water, except to ensure the health of trees and perennial non-turf plantings, effective on June 10, 2022.

On March 24, 2023, Governor Newsom issued Executive Order N-5-23, which terminated the state’s 15% voluntary water conservation goal and the requirement that local agencies implement Water Shortage Level 2 actions, while maintaining the requirement to enforce the prohibition of wasteful water use practices and retaining the state of emergency to allow for the continuation of drought response activities and support for regions still experiencing drought and water shortage conditions. 240
Item # C14.

On April 11, 2023, the San Francisco Public Utilities Commission (SFPUC) voted to rescind its November 2021 water shortage emergency declaration, while keeping its 11% voluntary water conservation target to remain consistent with the State Water Resources Control Board’s demand reduction regulation, which is set to expire on June 30, 2023. With this action, the SFPUC terminated its drought surcharge on retail customers and waiver of the minimum purchase requirement on certain wholesale customers including Milpitas. As a wholesale customer, Milpitas was not subject to SFPUC’s drought surcharge.

On April 12, 2023, Valley Water’s Board of Directors voted to rescind its water shortage emergency declaration and the mandatory call of 15% water use reduction, while maintaining the ban on wasteful water use practices and switching to a voluntary 15% water conservation goal. The Board of Directors directed Valley Water staff to provide recommendations for additional actions to continue promoting water conservation as a way of life. Valley Water did not impose a drought surcharge.

As further illustration of California’s current water abundant conditions, the Department of Water Resources announced in April they would be boosting State Water Project 2023 allocations from 75% to 100%, meeting 100% of all water requests for the first time since 2006.

ANALYSIS:

Governor Newsom has terminated the State’s 15% voluntary water conservation goal and the requirement that local agencies implement Level 2 Water Shortage actions on March 24, 2023. Both of the City’s wholesale water providers, the SFPUC and Valley Water, have also rescinded their water shortage emergency declarations. The SFPUC has kept a voluntary 11% water conservation target, while Valley Water has switched to a voluntary 15% water conservation goal. In addition, the State Water Resources Control Board has indicated they will allow their regulation that requires urban water agencies to implement Level 2 Water Shortage Contingency Plan actions to expire on June 30, 2023.

As required by California Water Code Section 10632(a)(2), the City conducts its Annual Water Supply and Demand Assessment by July 1st to determine the water shortage level anticipated for the upcoming year and notifies the Department of Water Resources of the assessment results. If an anticipated water shortage is identified through the annual assessment, City staff brings forward recommendations to City Council to adopt a resolution and enact appropriate shortage level actions as outlined in the City’s WSCP.

The WSCP provides the City with guidance for determining water shortage conditions and employing actions to respond to and manage such conditions. The WSCP defines six standard water shortage levels, ranging from 0% to greater than 50% reductions and establishes demand reduction actions and procedures for managing water shortages. The Milpitas City Council is authorized to require or impose restrictions on or reductions in the use of water if such reductions are necessary to comply with Water Supply Shortage conditions.

City staff will conduct the 2023 Annual Water Supply and Demand Assessment by July 1, per California Water Code Section 10632(a)(2), pending final water supply and allocation numbers are provided by the City’s water wholesalers. If the annual assessment indicates no water shortage, the assessment will be administratively provided to the State and no City Council action is needed. If the annual assessment indicates an anticipated water shortage in the upcoming year, City staff will provide the results to the State, provide City Council with recommendations, and plan to implement the WSCP’s associated Shortage Level actions.

Given current water conditions and guidance from the State and the City’s water wholesalers, City staff anticipates the 2023 annual assessment will indicate no water shortage is anticipated for the City in the upcoming year. The City Council should rescind the City’s Water Shortage Level 2 Drought Emergency and associated water use restrictions with the termination or expiration of the State’s emergency drought regulations, as this aligns with the findings and recent actions by the State and the City’s wholesale water providers. Such action would revert the City to a Water Shortage Level 0 (no shortage), which includes permanent water waste restrictions that promote “Water conservation as a Milpitas way of life”. These permanent restrictions include but are not limited to prohibitions on: water use that results in flooding or runoff onto paved surfaces, irrigating landscapes during and within 48 hours of measurable rainfall, and use of a pressure washer or hand-held hose not equipped with a positive shutoff device. The City’s permanent water 241
Item # C14.

use restrictions are consistent with the water use prohibitions that Valley Water is considering adopting on a countywide level in June.

The City will also continue to enforce the State’s restriction on watering non-functional turf areas at commercial, industrial, and institutional sites. The City plans to add the non-functional turf watering ban to the City’s WSCP as a permanent water use restriction at its next update in 2025.

Ongoing Water Conservation Education and Incentive Programs

During the recent drought, the City expanded several existing water conservation programs to promote “Water conservation as a Milpitas way of life.” In 2021, the City entered a cost-sharing agreement with Valley Water to provide additional funding and double the rebates for specific categories of Valley Water’s landscape rebate program, such as landscape conversion projects, rainwater capture systems, and laundry-to-landscape graywater systems. The City also launched the Lawn Bust Milpitas Pilot Program, in partnership with Our City Forest, to offer direct installation services to residents interested in converting turf to drought tolerant landscapes.

The City also began its Smart Water Meter Upgrade Project to replace existing water meters with new advanced metering infrastructure (AMI) water meters, to increase reading accuracy and frequency. In 2022, the City launched the WaterSmart Customer Portal, which connects to customers’ AMI water meters and provides residents with detailed water use reports, water use notifications, and conservation tips.

Despite the improving water conditions, the City plans to continue offering and promoting these programs and education on the importance of water conservation as a way of life and permanent water restrictions to prepare for the next drought. The City will continue to provide educational resources and outreach materials to encourage water conservation as a way of life.

POLICY ALTERNATIVE(S):

Alternative 1: City Council does not adopt the resolution to terminate Water Shortage Level 2 and the City continues to enforce Water Shortage Level 2 restrictions.

Pros: None.

Cons: Maintaining Level 2 Water Shortage emergency will confuse residents and community members as continuing an emergency drought narrative when all news and observations are that the State water supply for the upcoming year is plentiful. Furthermore, our community may be experiencing drought message fatigue and continuing to promote such messaging may reduce the community’s response to future droughts.

Reason for Not Recommending: Termination of the Level 2 Water Shortage Emergency aligns with the declarations from the State and the City’s water wholesalers (the SFPUC and Valley Water) and allows the City’s water use restrictions to remain consistent with countywide and statewide restrictions.

FISCAL IMPACT:

There are no fiscal impacts related to this recommendation. On April 11, 2023 the SFPUC took action to rescind its November 2021 water shortage emergency declaration and terminated its drought surcharge on retail customers and the waiver of the minimum purchase requirement on certain wholesale customers including Milpitas. As a wholesale customer, Milpitas was not subject to SFPUC’s drought surcharge and is not impacted by the termination of the drought surcharge.

California Environmental Quality Act (CEQA):

The action is not considered a project under CEQA as there will be no direct, or reasonably foreseeable indirect physical change in the environment

242
Item # C14.

RECOMMENDATION:

Adopt a resolution terminating the City’s Level 2 Water Shortage Emergency.

Attachment(s):

1. Resolution terminating the Level 2 Water Shortage of the City’s Water Shortage Contingency Plan. 243
Item # C14.

RESOLUTION NO. ___

A RESOLUTION TO THE CIY COUNCIL OF THE CITY OF MILPITAS RELATING TO THE

TERMINATED WATER SHORTAGE EMERGENCY AND EASED SUPPLEMENTAL WATER

USE RESTRICTIONS
WHEREAS, pursuant to California Water Code section 375, the City of Milpitas is authorized to adopt and enforce a water conservation program to reduce the quantity of water used by persons within its jurisdiction for the purpose of conserving the water supplies of the City; and

WHEREAS, pursuant to California Water Code section 376, a water conservation program adopted pursuant to California Water Code section 375 may be adopted by a resolution or an ordinance, and such resolution or ordinance is effective upon its adoption; and

WHEREAS, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements. California Water Code has significant updates specifically to Code Section 10632 that now mandates new elements to Urban Water Management Plans and Water Shortage Contingency Plans, including an annual drought risk assessment, standard water shortage levels and statewide water use prohibitions; and

WHEREAS, on June 9, 2021, the Santa Clara Valley Water District (Valley Water) Board of Directors adopted a resolution calling for mandatory water use reductions; and

WHEREAS, on June 15, 2021, the Milpitas City Council adopted Resolution No. 9086, “A resolution adopting the 2020 Urban Water Management Plan” (‘UWMP’),” which includes water conservation as a necessary and effective component of the City’s programs to provide a reliable supply of water to meet the needs of its customers; and

WHEREAS, on June 15, 2 021, the Milpitas City Council adopted Resolution No. 9087, “A resolution adopting the 2020 Water Shortage Contingency Plan (‘WSCP’),” which establishes standards and procedures to enable implementation and enforcement of local water shortage contingency m easures and water shortage levels. These measures align with the California Water Code Section 353 and 375; and

WHEREAS, the City shall conduct an Annual Water Supply and Demand Assessment pursuant to California Water Code 10632 and, on or before July 1 o f each year, beginning in 2022, submit an annual water shortage assessment report to the California Department of Water Resources with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the City’s WSCP; and

WHEREAS, on July 8, 2021, Governor Newsom issued Executive Order N -10-21, directing Californians to voluntarily reduce their water use by 15% compared to their water use in 2020, and directing the State Water Resource Control Board to track and report the state’s progress toward the 15% conservation goal; and

WHEREAS, on October 19, 2021, Governor Newsom issued a proclamation for a statewide drought emergency and directed the State Water Resource Control Board to adopt emergency regulations to prohibit certain wasteful uses of water; and

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Item # C14.

WHEREAS, on November 23, 2021, the San Francisco Public Utilities Commission declared a water shortage emergency and called for a voluntary 10% water use reduction; and

WHEREAS, on January 4, 2022, in response to the Governor’s directive, the State Water Resources Control Board adopted new emergency regulations, which prohibits certain wasteful water use practices, such as the use of decorate water fountains, using irrigation systems during and within 48 hours of rain, and using water to clean sidewalks and driveways, among others; and

WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22, directing the State Water Resources Control Board to adopt regulations requiring urban water retail suppliers that have submitted a water shortage contingenc y plan to implement, at a minimum, shortage response actions for Level 2 Water Shortage. The Executive Order also directs the State Water Board to adopt regulations that prohibit the irrigation of strictly ornamental turf areas for the commercial, industri al, and institutional sectors; and

WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted an emergency regulation that requires urban water retailers to implement Level 2 Water Shortage Contingency Plan actions and to prohibit the watering of “non-functional turf” (that is, turf that is strictly ornamental and does not serve human recreational purposes) using potable water, except to ensure the health of trees and perennial non-turf plantings, effective on June 10, 2022; and

WHEREAS, on December 7, 2022, the State Water Resources Control Board readopted the emergency drought regulations from January 4, 2022, which prohibit wasteful uses of water; and

WHEREAS, on March 24, 2033, Governor Newsom issued Executive Order N -5-23, which terminated the state’s 15% voluntary water conservation goal and the requirement that local agencies implement Level 2 Water Shortage actions, while maintaining the requirement to enforce the prohibition of wasteful water use practices and retaining the state of emergency to allow for the continuation of drought response activities and support for regions still experiencing drought and water shortage conditions; and

WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission voted to rescind its November 2021 water shortage emergency declaration, while keeping its 11% voluntary water conservation target to remain consistent with the State Water Resource Control Board’s regulation requiring urban water agencies to implement Level 2 Water Shortage Contingency Plan actions; and

WHEREAS, on April 12, 2023, Valley Water’s Board of Directors voted to rescind its water shortage emergency declaration and the mandatory call of 15% water use reduction, while maintaining the ban on wasteful water use practices and switching to a voluntary 15% water conservation goal. The Board of Directors directed Valley Water to provide recommendatio ns for additional actions to continue promoting water conservation as a way of life;

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. 245
Item # C14.

2. The City Council declares that the Level 2 Water Shortage of the City’s Water Shortage Contingency Plan is hereby terminated with the end of State Water Resources Control Board’s emergency drought regulations.

PASSED AND ADOPTED this ______day of __________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_________________________________ ___________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_________________________________
Michael Mutalipassi, City Attorney
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Item # C14.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive an Update on the Emergency Repairs to the HVAC System and Equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 5/16/2023
Recommendation: (1) Receive an update on the emergency repairs to the HVAC system and equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

Background:

Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.

Analysis:

Consistent with applicable State law and Council Resolution, on April 27, 2023, the Public Works Director declared an emergency and authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the emergency repairs to the HVAC system at City Hall and the Public Works, Information Technology and Police Department buildings. Further, within the required time frame the Public Works Director informed the City Council via the attached Information Memorandum on April 27 regarding the emergency authorization, the reasons for the authorization, and the cost for repair in the amount of $899,300.

Staff is currently working with the contractor to finalize repair timeline based on part and equipment availability.

Fiscal Impact:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 3499 - HVAC Systems Repairs will fund $620,000 for the upgrades to the Building Management System (BMS) and Variable Air Flow (VAV) boxes at both buildings. The remaining repairs will be funded by CIP Project 3406 – City Building Improvements in the amount of $279,300.

California Environmental Quality Act:
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The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.

Recommendations:

1. Receive an update on the emergency repairs to the HVAC system and equipment for City Hall and the Public Works, Information Technology and Police Department buildings.

2. Determine by a four-fifths vote that the condition continues to constitute an emergency.

Attachment:

None
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Dale Flunoy (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/16/2023
Recommendation: Approve the Parks and Recreation Donation for a Memorial Bench for Dale Flunoy.

BACKGROUND:

Milpitas City Council adopted revisions to the Donation for City Park and Recreation and Community Services Programs City Council Policy (Policy) on October 4, 2022. The policy establishes the guidelines, criteria, and processes for donations for City parks and Recreation and Community Services Department programs, including memorials to City-owned parks and recreation areas throughout the City of Milpitas. This Policy is consistent with the Council approved Budget Guidelines to provide process and procedure on the acceptance of financial donations.

On March 7, 2022, the Parks, Recreation and Cultural Resources Commission (PRCRC) voted to recommend City Council approval of the Parks and Recreation Donation Application submitted by Rosana Cacao and Elias Peralta for the installation of a Memorial Bench at the Milpitas Community Center for Dale Flunoy, retired City employee.

ANALYSIS:

The Policy outlines ways for businesses, community groups, or individuals to donate through:
1) Monetary Donations
2) Memorial Donations
3) Anonymous Donations
4) Non-Financial Donations

Donations that require ongoing maintenance and/or future replacement costs are first reviewed by the PRCRC for review and recommendation to the Milpitas City Council for final consideration.

PRCRC reviewed the submitted donation application at their March 7, 2022, meeting. As described in the application, Dale Flunoy, recently retired Recreation Supervisor, passed away unexpectedly last year. After working over four decades with the City of Milpitas, Dale retired in March of 2021 and passed away just four (4) months later. He was extremely proud of his time and work with the City of Milpitas as he grew up in Milpitas in the Sunnyhills neighborhood and knew the town and people well. Dale began his work as a public servant as a young man as a teacher’s assistant at Weller elementary. Dale was a mainstay in the City’s Summer Camps and watched after and mentored thousands of Milpitas children. He started many of the fun and exciting programs and events in Milpitas like Milk and Cookies with Santa, and the Stay and Play Afterschool Program (now After the Bell). He planned numerous facilities and park ribbon cuttings, drove the van for the Milpitas Senior Center, served as the staff Liaison for the Veterans Commission and the Youth Advisory Commission.

He approached every program or task he was assigned with humor, excitement, and attention to detail.

As outlined in the Policy “Memorial Donations” sections 2.6.3.1 and 2.6.3.4 respectively:
- Memorial Donations allow for individuals to contribute funds “in memory of” a family member who has passed away or retired and moved out of the area.
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Item # C16.

- Donation in memory of an individual must be appropriate and relevant to the Milpitas community, (i.e., past resident, business-person or other person having contributed to the good of the Milpitas community).

The PRCRC unanimously voted in favor of recommending the City Council’s final approval of the memorial bench donation.

POLICY ALTERNATIVE(S):

Alternative 1: Not approve the donation of a Memorial Bench in Honor of Dale Flunoy Pros: City Staff will not have to work on the Memorial Bench Donation and will continue to work on currently assigned tasks.

Cons: The proposed memorial donation meets the Policy requirements.

Reason for Not Recommending: The proposed memorial donation meets the City Council Donation for City Parks and Recreation and Community Services Programs

FISCAL IMPACT:

Per the Donations to Parks and Recreation Programs Policy the Flunoy-Peralta family accepts all financial responsibility of the donation which includes the bench and plaque procurement and installation. Ongoing maintenance costs and future replacement costs will be incorporated into a future Public Works operating budget.

California Environmental Quality Act (CEQA):

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

Approve the Parks and Recreation Donation Application for a Memorial Bench for Dale Flunoy at the Milpitas Community Center.

Attachment(s):

1. Donation for City Parks and Recreation and Community Services Programs Policy

2. Parks, Recreation and Cultural Resources Financial Donation Form

3. PRCRC Minutes, March 7, 2022

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CITY OF MILPITAS
Revision Date
Original 03/19/2013
Revised 10/4/2022

CITY COUNCIL POLICY

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1. PURPOSE

1.1. This Policy establishes the guidelines, criteria, and processes for donations for City parks and Recreation and Community Services Department programs.

1.2. This Policy is consistent with the Council approved Budget Guidelines which state in part that the City Manager is authorized to accept grants or donations up to and including $100,000, increase department revenues and appropriations accordingly, and execute related agreements as long as no matching funds are required, and departments do not require additional funding for ongoing maintenance costs or future replacement costs

2. POLICY

2.1. The City shall have the sole authority and the City Council shall have the final authority to approve donations except for monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs.

2.2. The City reserves the right to recognize donors, or, for memorial gifts, the named individual, in any other manner the City so chooses. No outside donor shall have the right to apply, control, or dictate the City’s manner of recognition.

2.3. In the event the City chooses to recognize a donor, or for memorial gifts, the named individual, the manner of recognition shall be construed as the City’s own speech under the government speech doctrine and no open forum shall be created by the City’s exercise of its sole decision to recognize a donor or named individual at a certain location or in a certain manner.

2.4. Final review and action to accept or decline a donation, and recognition of the donor for accepted donations on behalf of the City of Milpitas is determined by the Milpitas City Council except for monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs. For these monetary donations, the final review and action rests with the City Manager.

2.5. The Parks, Recreation and Cultural Resources Commission (PRCRC) shall evaluate appropriate donations to City Parks or Recreation and Community Services programs and shall make recommendations to the City Council.

2.6. Financial Donations

2.6.1. Donors may earmark monies for the purchase of specific materials, supplies, equipment, furnishings, and other items to the extent practical.

Policy No:

Click or tap here to enter
text.

DONATIONS FOR CITY PARKS AND

RECREATION AND COMMUNITY

SERVICES PROGRAMS
Effective Date:
10/4/2022
Revision No:
1 Policy Administrator:

Recreation and Community Services
Next Review Due:

As needed
Related Policies and
Procedures:

Incorporates and
replaces Original
Approved by:

Click or tap here to enter text.

Council meeting date, agenda item #, and
vote

Date Approved:
10/4/2022
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Revision Date
Original 03/19/2013

DONATION FOR CITY PARKS AND RECREATION AND COMMUNITY SERVICES PROGRAMS/ POLICY #

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2.6.2. City staff will apply the funds as requested by the donor. Should additional or alternate uses for the funds be identified, staff will consult with the donor and receive written permission to apply funds differently.

2.6.3. Memorial Donations

2.6.3.1 Memorial Donations allow for individuals to contribute funds “in memory of” a family member who has passed away or retired and moved out of the area.

2.6.3.2 Memorial donations may not be contributed in memory of pets, or livestock.

2.6.3.3 I ndividuals may name the City of Milpitas or Recreation and Community Services as a beneficiary in their wills, trusts, or other estate planning document. The will might stipulate that the funds (or interest from part of an estate) be used to purchase particular items or materials in certain service areas or support certain programs.

2.6.3.4 Donation in memory of an individual must be appropriate and relevant to the Milpitas community, (i.e., past resident, business-person or other person having contributed to the good of the Milpitas community).

2.6.4. Anonymous Donations

2.6.4.1 Donations with the request to remain anonymous will not be acknowledged in any donor listings.

2.6.5. Non-financial Donations

2.6.5.1 In the event a donor desires to give materials, personal property, real property, fixtures and other things, non-monetary in nature, to the City, the proposed gift shall be presented to the Director of Recreation and Community Services in writing.

2.6.5.2 All such non-monetary donations shall be subject to the City Manager or designee’s determination of probable value and viability for acceptance and placement.

2.6.5.3 If determined by staff to be a viable donation, the Parks, Recreation and Cultural Resources Commission shall make a recommendation to the City Council for a final decision, except for monetary donations up to and including $100,000, in which the final review and action rests with the City Manager.

3. PROCEDURE

3.1. Accepting Monetary Donation Requests

3.1.1. All inquiries about monetary donations shall be directed to the Recreation and Community Services Director.

3.1.2. If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.

3.1.3. Upon receipt of this completed form by the Director, the proposed donation shall be placed on the next appropriate PRCRC agenda.

3.1.4. For monetary donations up to and including $100,000 that do not require any matching funds, additional funding for ongoing maintenance costs or future replacement costs, staff will provide an informational item to the PRCRC for information purposes only. The donation will be accepted administratively. The 252
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Director of Finance will report quarterly the acceptance of any grants and donations as part of the quarterly financial status report.

3.1.5. For any monetary donation, that requires any matching funds, additional funding for ongoing maintenance costs, future replacement costs, or any monetary donation over $100,000, the PRCRC shall review the proposed donations and provide a recommendation for either accepting or declining the donation to the Milpitas City Council.

3.2. Accepting Non-financial Donation Requests

3.2.1. All inquiries about non-financial donations shall be directed to the Recreation and Community Services Director.

3.2.2. Recreation and Community Services Director will coordinate the review of any non-financial donations with other City Departments affected by the donation, including but not limited to the Office of the City Attorney, Finance and Public Works.

3.2.3. If deemed a viable donation, potential donors shall be provided a copy of the Parks, Recreation and Cultural Resources Donation Form.

3.2.4. Upon receipt of this completed form by the Director, the proposed donation shall be accepted by the City Manager or their designee if there are no ongoing maintenance or future replacement costs. Otherwise, the donation shall come to the PRCRC for approval with an estimated value of up to and including $25,000 and to the PRCRC for recommendation for City Council approval with an estimated value greater than $25,000.

3.2.5. The PRCRC shall receive a quarterly report on received non-financial donations received for up to and including $25,000 at a regularly scheduled meeting.

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CITY OF MILPITAS

DONATION POLICY AND PROCEDURES FOR THE CITY OF MILPITAS PARKS AND RECREATION PROGRAMS Adopted by the Milpitas City Council: March 19, 2013

The City of Milpitas Parks and Recreation welcomes financial contributions. Financial contributions may be made to the City of Milpitas, a non-profit municipal corporation.

This policy is established in order to make certain that the decisions on acceptance of a financial gift are made in a timely and consistent manner and are appropriate in terms of the nature, facilities and purposes of the parks and recreation areas throughout the City of Milpitas.

All financial donations to the Milpitas Parks and Recreation shall be in compliance with the City of Milpitas Standard Operating Procedure #26-2, Grants, Sponsorship and Donations.

The Milpitas City Council reserves the right to accept or decline acceptance of any financial donation. Once a donation is accepted, it becomes the sole property of the City of Milpitas. The Milpitas City Council reserves the right to decide upon the final disposition of all financial donations received.

Financial Donations:

1. Monetary donations to the City of Milpitas Parks and Recreation programs are appreciated and welcomed.

Donors may earmark monies for the purchase of specific materials, supplies, equipments, furnishings, and other items and to the extent practical, City staff will apply the funds as earmarked, but final determination of use shall be based upon the needs of the City as determined by and within the discretion of the City Manager.

Donors may also request that the Milpitas City Council select the appropriate use of a monetary donation. To determine an appropriate use for such undesignated funds, the Parks and Recreation and Cultural Resources Commission (PRCRC) shall prepare a report detailing a proposed use of the funds for consideration by the City Council.

2. All financial donations shall be used towards purchases and events or other applications directly supporting the City of Milpitas Parks and/or Recreation programs.

3. Ways for businesses, civic groups or foundations to contribute funds to benefit the City of Milpitas Parks and Recreation programs:
a. Memorial Donations – This type of donation allows for individuals to contribute funds “in memory of.” For example, a family member who has passed away or retired and moved out of the area. Memorial donations do not include pets. In addition, individuals may name the City of Milpitas as a beneficiary in their wills. The will might stipulate that the funds (or interest from part of an estate) be used to purchase particular items or materials in certain subject areas, subject to the policy set forth above in Section 1. In all cases, if possible materials purchased with donated funds shall be selected in accordance with the parks development policy.

Donation in memory of an individual should be appropriate and relevant to the Milpitas community, (i.e., past resident, business person or other person having contributed to the good of the community). 254
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b. Specified use – An individual or organization may request donations be used for the purchase of materials or items for use in certain subject areas, to provide support for a specific event or the display or installation of artwork at a specific park, the planting of a tree or installation of a flowerbed, or for equipment subject to the policy set forth above in Section 1.

Such materials, support of special events and other items shall be in accordance with the subject area within the parks and the cultural and historical interests of the Milpitas community, and/or ongoing furnishings and equipment needs of the parks.
c. Anonymous gifts – Donation with the request to remain anonymous shall be considered and honored in the same manner as undesignated gifts. The contributor shall be advised that anonymous gifts shall not be acknowledged in the donor listings.

Non-Financial Donations:

In the event a donor desires to give materials, property, fixtures and other things non-monetary in nature to the City, the proposed gift shall be presented to City staff in writing. All such non-monetary donations shall be subject to staff determination of probable value. Additional information regarding the items to be donated may be required. With regard to all non-monetary donations, consideration of whether to accept the donation shall first be made by the PRCRC, which shall make a recommendation to the City Council for a final decision.

Recognition Program:

Donors, or for memorial gifts the named individual, shall be acknowledged by the Milpitas City Council in a yearly publication on the City website. All financial donations made to the City of Milpitas for Parks and Recreation programs should be acknowledged by a letter of appreciation signed by the Mayor. Receipts for all contributions shall be provided upon receipt of the donation.

Procedures and Guidelines:

All inquiries about donations shall be directed to the PRCRC staff liaison. For all proposed donations, presentation shall be made to the PRCRC for review and recommendation to the Milpitas City Council. The PRCRC, through City staff, shall provide a copy of the Parks, Recreation and Cultural Resources Financial Donation Form to potential donors. Upon receipt of this completed form by the staff liaison, the proposed donation shall be placed on the next PRCRC agenda.

The PRCRC shall review all Parks, Recreation and Cultural Resources Financial Donation Forms and provide a recommendation for either accepting or declining the donation to the Milpitas City Council. Each recommendation to accept a donation shall include a description of how the donation would benefit Parks and Recreation programs by either installation of a bench, artwork or equipment, promoting cultural or historical interests of the Milpitas community, increasing awareness of activities or equipment available to the community, or other enrichment of City Parks and Recreation programs.

Final review and action to accept or decline a donation on behalf of the City of Milpitas is determined by the Milpitas City Council. Donations accepted by the Milpitas City Council shall be tracked in a separate account. The City Finance Department shall provide reporting of expenditures and fund balance upon request of the PRCRC. 255
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CITY OF MILPITAS
Parks, Recreation and Cultural Resources Financial Donation Form Donor information: (please type or print clearly)
Name:

Address: City: State: Zip:

Day phone: Evening phone:

E-mail address:

Monetary Gift Amount and Purpose

Enclosed is my gift of $______________to support the
Milpitas Parks and Recreation programs.

I would like to direct my gift to:

 Where the need is greatest
 Programs for Parks and Recreation
 Park equipment
 Specific use:

 Other:

Memorials and Tributes

Enclosed is my gift of $______________to support the
Milpitas Parks and Recreation programs.

 In Memory of:

 In Honor of:

Please send an acknowledgement to the next of kin , donor or honoree listed below:

Name:

Address:

City:

State: Zip:

Day phone:

Evening phone:

Gift Payment
Make checks payable to The City of Milpitas. All donations are tax deductable.

Other Information
• This gift will be matched by my employer: .
• Please keep my gift anonymous.  I understand I will not be included in donor listings.

Rosana Cacao / Elias Peralta
421 Martil Way
Milpitas
CA
95035
408-221-3847
[email protected]
Memorial Bench in Memory
of Dale Flunoy
TBD
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Non-Monetary Donations
I propose to donate the following equipment, materials or other things for Milpitas Parks and Recreation programs:
______________________________________________________________________________________________.

I would like to direct my gift for the following specific use: ______________________________________________ ______________________________________________________________________________________________.

I would ask that the City determine the best Milpitas Parks and Recreation program use for my gift _____________.

Other comment:________________________________________________________________________________.

A Memorial Bench to Honor Dale Flunoy
See Below
Dale Flunoy, recently retired Recreation Supervisor, passed away unexpectedly last year. After working over four decades with the City, Dale retired in March of 2021 and passed away just 4 months later. He was extremely proud of his time and work wi
th the City as he grew up in Milpitas in the Sunnyhills neighborhood and knew the town and people well.

Dal
e began his work as a public servant as a young man as a teachers Assistant at Weller elementary. He was a mainstay in the City’s Summer Camps and watched after and mentored thousands of Milpitas children. He started many of the fun and exciting program and events in Milpitas like, Milk and Cookies with Santa, and the Stay and Play Afterschool Program (now After the Bell). He planned many facility and park ribbon cuttings, drove the van for the Milpitas Senior Center, served as the staff Li
aison for the Veterans Commission – the list goes on and on. He approached every program or task he was assigned with humor, excitement, and an attention to detail that the Recreation and Community Services Department is known for. He is survived by his loving husband Elias, fur babies, sister, niece and nephews. He is and will always be greatly missed.
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CITY OF MILPITAS

MINUTES

PARKS, RECREATION AND CULTURAL RESOURCES COMMISSION

Minutes: Parks, Recreation and Cultural Resources Commission.

Date of Meeting: March 7, 2022

Place of Meeting: Via Teleconference (Virtual Meeting).

I. Call to Order: Chair Davis called the meeting to order at 7:00pm

II. Flag Salute: Chair Davis led the Pledge of Allegiance.

III. Roll Call: Commissioners Present: Davis, Ehardt, Strauss, Jackson, Current, Montemayor and Gill

Commissioners Absent: Thomas and Caidoy

City Staff Present: Renee Lorentzen – Recreation and Community Services Director Josh Clevenger – Recreation and Community Services
Supervisor
Justin Yount – Public Services Assistant

IV. Seating of Alternates: Jackson

V. Approval of Agenda: MOTION to approve the agenda for March 7, 2022 as submitted.

M/S: Strauss/Jackson Ayes: All

VI. Approval of Minutes: MOTION to approve the minutes from February 7, 2022 as submitted.

M/S: Current/Ehardt Ayes: Davis, Ehardt, Strauss,
Jackson, Current
Abstain: Montemayor and Gill

VII. Public Forum: None

VIII. Announcements and Correspondence

None

IX. Business Items

a. Proposed 2023-2027 Capital Improvement Program (CIP) – Park Projects Priority – City Staff City Engineering staff, Michael Silveira and Steve Erickson presented the Parks Projects in the proposed 2023-2027 Capital Improvement Program to the Commission. Presentation outlined various park project accomplishments, projects to be completed and started in FY 22-23, park project priorities and challenges, and the proposed 5-year CIP park projects. Staff suggested that all Commissioners review projects in CIP.

Presentation was received by Commission with brief discussion afterwards regarding the various sources in funding these projects.

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Item # C16.

Motion to receive presentation and recommend to City Council for approval.

M/S: Montemayor/Ehardt Ayes: All

b. Update on Historical Society Historical Tour – Commissioner Ehardt Commissioner Ehardt, who is also a current Historical Society member, provided an update on the Board meeting discussion and informed Commissioners of a change in direction regarding originally planned bus tour. It has been suggested to allow for three tours based on Historical events – Historical Series Tour, which would take place in June, August and October. This would help increase participation and target various audiences. Suggested tour ideas included Serra Way/Main St., the Grammar School/Library, Alviso Adobe, Weller Ranch and the Ford Plant. Staff Lorentzen encouraged Commission to obtain ideas for tours from the community. Other ideas included audio/visual presentations at the Main Library on historical information as well as Story Walks through Main St. with QR codes for quick information access.

Commission is tasked with assisting with advertising through community outreach. Suggested advertising also included Facebook, City and Newspaper posting.

c. Dale Flunoy Memorial Bench Donation
The Commission voted unanimously to recommend final City Council approval of the Park and Recreation Donation Application submitted by Rosana Cacao and Elias Peralta for the installation of a Memorial Bench at the Milpitas Community Center for Dale Flunoy, retired City employee, to City Council for final consideration and approval. Dale passed away unexpectedly last year. After working over four decades with the City, Dale retired in March of 2021 and passed away just 4 months later. The family has requested that a memorial bench for Dale Flunoy be placed on the Milpitas Community Center grounds. Per the Donations to Parks and Recreation Programs Policy the Flunoy-Peralta family accepts all financial responsibility of the donation which includes the bench and plaque procurement and installation.

Motion to recommend item to City Council for approval.

M/S: Davis/Current Ayes: All

d. Discussion on Work Plan Goal, Bicycle and Pedestrian Trails – City Staff and Ad Hoc Ad Hoc group met (Commissioners Davis, Strauss and Thomas) regarding two possible routes for upcoming Bike Event. Commissioner Davis presented a slideshow of information compiled from the group. First route would be the Coyote Creek North trail with second option as the Coyote Creek South trail. With further discussion, it was agreed upon to hold event on the South trail. Given this trail runs through McCarthy Ranch, staff suggested the idea of possible donations or grab bags for participants with coupons for restaurants/food places in the surrounding area. Also, Due to various challenges with dates proposed by Ad Hoc group, it was agreed upon to hold event on 8/20 to hopefully increase participation.

Event start time is set for 9:30am. Ad Hoc will continue to work with staff on event specifics as well as advertising and will report to Commission at future meeting.

Motion to hold bike event on 8/20/22 at 9:30am.

M/S: Jackson/Current Ayes: All

e. Discussion on June Park Tour Discussion – City Staff| Annually, this Commission will visit a site, City park and/or facility as part of their Work Plan. The location can be a renovated park, area of concern or a specific section of the City. Commissioner Davis has expressed an interest in previewing the Alviso Adobe once renovation is completed but an alternate location will need to be selected as well as a backup. Other Commissioners are also interested in seeing recently renovated parks. Staff received feedback and will compile a list of possible park locations for viewing. As far as the viewing, staff presented two options: Commission can take tour on night of actual meeting with an earlier start time or cancel regularly scheduled meeting in June and schedule a Special Meeting on a Saturday morning. Commission has agreed to meet earlier on night of actual meeting with a 5pm start time. Staff will finalize details and have on agenda for next month as a Special Meeting. 259
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X. Staff Liaison Reports
Newly appointed Commissioner Baljit Gill was introduced and staff provided updates on Recreation and Community Services programs, services, and events.

XI. Council Liaison Reports
Vice Mayor Montano provided updates on City Council items. .

XII. Future Agenda Items
City Garden Update

XIII. Adjournment:

With there being no further business, the meeting was adjourned at 8:54pm to the next scheduled meeting on April 4, 2022.

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Amendment No.1 to the Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/16/2023
Recommendation: Authorize the Acting City Manager to approve Amendment No.1 to the Memorandum of Understanding with the MUSD for expansion of After the Bell for the Extended Learning Opportunities Program.

BACKGROUND:

The City of Milpitas’ Recreation and Community Services Department provides the After the Bell (ATB) program at seven (7) elementary school sites, serving over 400 Milpitas youth annually, grades 1 – 6, from bell dismissal to 6:00 p.m. every day school is in session.

As part of the adoption of the California State Budget, the State provided over $1.75 billion for the Expanded Learning Opportunities Program (ELOP) in funding for afterschool and summer school enrichment programs with a focus on Local Educational Agencies (LEA) with the highest concentration of targeted disadvantaged students. The Milpitas Unified School District (MUSD) approached Recreation and Community Services staff to expand the existing After the Bell (ATB) program for the 2022-23 school year and serve additional at-risk youth as identified by the MUSD, after school at eight (8) elementary school sites, for MUSD enrolled students, grades K - 6.

To further support, and in the spirit of collaboration, City staff drafted a Memorandum of Understanding for the Expansion of ATB for ELOP between the City of Milpitas and the MUSD for school year programs which was approved by both the Milpitas Unifies School District Board of Trustees and the Milpitas City Council on June 21, 2022.

The MUSD has requested that Recreation and Community Services Department provide ELOP for the MUSD 2023 Summer School Program (Summer Program), thus requiring an amendment to the Memorandum of Understanding to extend and expand the agreement terms.

ANALYSIS:

Due to available State grant funding for ELOP, the MUSD is able to cover costs to extend the ATB ELOP through to July 14, 2023, for the ELOP Summer School program (Summer Program). Per the amended MOU, Summer Program would operate at two (2) elementary school sites for grades TK-6th at Randall and Rose Elementary schools from bell dismissal to 6:00 p.m., when summer school is in session. The MOU Amendment is drafted to reflect the additional responsibilities of both agencies (see attached). Key terms in the agreement are:

City Terms
Per the MOU the City will:
- Staff the Summer Program and conduct Program operations - Manage the Summer Program enrollment of eligible, interested Program participants through Recreation and Community Services software, including but not limited to all applicable waivers and emergency contact forms. 261
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- Maintain safe Summer Program child:leader ratios.
- Establish and create Summer Program materials and conduct all communication including but not limited to Summer Program protocols, code of conduct, program calendars, and parent directives. - Invoice the MUSD on June 30, 2023, for the full Summer Program enrollment costs.

MUSD Terms
Per the MOU the MUSD will:
- Identify the students qualified for the Summer Program by school site and communicate to parents of eligible students how to sign up for ELOP Summer Program through the City’s enrollment platform
- Provide access to classrooms, multi-use room, restrooms, etc., as well as onsite storage for Summer Program equipment for all Summer Program participants - Pay the City, 100% of Program costs for enrolled students at the program amount of $16 per day, per student.

The Milpitas Unified School District Board of Trustees approved Amendment No. 1 to the Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program at their May 9, 2023, meeting.

The final number of ELOP participants will be determined at the beginning of summer. Once final enrollment numbers are known, staff will bring forward to City Council an amendment to the City’s Fiscal Year 2023-24 budget for program expenditures fully offset with new revenues.

POLICY ALTERNATIVE(S):

Alternative 1: Do not authorize the Acting City Manager to Enter into a Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program Pros: Staff can stop work on the expansion and focus on other projects and tasks Cons: Should ATB not provide services for ELOP Summer Program, another care provider will be contracted reducing department and City revenue streams.

Reason for Not Recommending: Should ATB not provide services for ELOP Summer Program, another care provider will be contracted for this service, reducing department and City revenue streams.

FISCAL IMPACT:

Fiscal impact at this time is unknown, however any program expenditures will be fully offset by revenues. The final number of ELOP participants will be determined at the beginning of summer. Once final enrollment numbers are known, staff will bring forward to City Council an amendment to the City’s FY2023-24 budget for program expenditures fully offset with new revenues. This budget amendment may be addressed in the FY2023-24 mid-year budget report or sooner.

RECOMMENDATION:

Authorize the Acting City Manager to enter into agreement Amendment No.1 to the Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program.

Attachment(s):

1. Memorandum of Understanding with MUSD for Expanded After the Bell Program for the Expanded Learning Opportunities Program

2. Draft Amendment No. 1 to the Memorandum of Understanding with MUSD

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June 21, 2022 Milpitas City Council Agenda Page 3

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

CONSENT CALENDAR
Vice Mayor Montano asked to remove item C21.

Motion: to approve the consent calendar with the removal of item C21.

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

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

C1. Receive the City Council Calendar of Meetings for June and July 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the City Council Calendar of Meetings for June and July 2022.

C2. Approve the Regular and Special Meeting Minutes of June 7, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Approved the Regular and Special Meeting Minutes of June 7, 2022.

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

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Reviewed the list of items that have been requested by City Councilmembers.

C5. Authorize the City Manager to Accept CalRecycle Grant of $107,661 and Approve Related Budget Amendment (Elaine Marshall, Deputy Public Works Director, 408-586-2603) Authorized the City Manager to accept grant funding from CalRecycle’s one-time Senate Bill 1383 local assistance grant and approved a related budget amendment for revenues in the amount of $107,661 for the Solid Waste Fund (Fund 280) for FY 2021-22.

C6. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard. (Staff Contact: Steve Erickson, 408-586-3301) Approved and authorized the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for Milpitas Town Center 2008 LP for the Chick-fil-A project at 755 East Calaveras Boulevard.

C7. Authorize City Manager to Enter into a Memorandum of Understanding with the MUSD for the Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact:

Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Authorized City Manager to enter into a Memorandum of Understanding with the MUSD for expansion of After the Bell for the Extended Learning Opportunities Program.

DocuSign Envelope ID: 69DDE38C-7284-46C9-83F0-D99425B84FE5 263
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DocuSign Envelope ID: 69DDE38C-7284-46C9-83F0-D99425B84FE5 Aug-26-2022
City Attorney
Michael Mutalipassi
Walter C. Rossmann
Deputy City Manager
Aug-26-2022
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Certificate Of Completion
Envelope Id: 69DDE38C728446C983F0D99425B84FE5
Status: Completed
Subject: Please DocuSign: MOU_MUSD_Milpitas_ATB Program_062122.pdf Source Envelope:

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Rachelle Currie
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
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City Attorney
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Deputy City Manager
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: January 13, 2020 | 13:50 Parties agreed to: Michael Mutalipassi, Walter C. Rossmann, Cheryl Jordan 271
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AMENDMENT NO. 1 TO

MEMORANDUM OF UNDERSTANDING BETWEEN

MILPITAS UNIFIED SCHOOL DISTRICT AND

CITY OF MILPITAS

This Amendment No. 1 to Memorandum of Understanding (“Amendment No. 1”) is entered into between the Milpitas Unified School District, a public school district organized and existing under the laws of the State of California (“District”), and the City of Milpitas, a municipal corporation of the State of California (hereinafter “CITY) as of the date of the last signature set forth below (the “Effective Date”).The District and City may be referred to individually as a “Party” and collectively as the “Parties.”

The District and City hereby agree as follows:

1. The Memorandum of Understanding entered into between the Parties dated August 26, 2022 (“Agreement”), which relates to the provision of the Expanded Learning Opportunities Program (ELOP) is hereby amended as follows:

a. Language in TERMS OF AGREEMENT is hereby removed and replaced with the following:

- The Term of this Agreement shall be for the school year 2022-23 starting August 10, 2022 and will be in effect from the Effective Date to July 14, 2023 until revoked in writing, with a 30 day notice by either party.

b. New Sections 1.g – 1.k is hereby added as follows:

g. City is responsible for staffing the ELOP Summer School Program (Summer Program) and conducting Summer Program operations at Randall Elementary and Rose Elementary for grades TK-6th, from Summer Program dismissal to 6:00 p.m., when Summer Program is in session.

h. City will manage the Summer Program enrollment of eligible, interested Summer Program participants through Recreation and Community Services software, including but not limited to all applicable waivers and emergency contact forms.

i. City will maintain safe Summer Program child:leader ratios. Site enrollment minimums and related Summer Program payments must cover total cost of at least two (2) site leader staff for Program participants and one (1) Program Lead. Enrollment minimums will be set through discussion by City and District by May 30, 2023.

j. City will establish and create Summer Program materials and conduct all communication including but not limited to Summer Program protocols, code of conduct, Summer Program calendars, and parent directives.

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k. The City will invoice the District on June 30, 2023 for the full Summer Program enrollment costs.

c. New Section 2.f – 2.4 is hereby added as follows:

f. District will identify the students qualified for the Summer Program by school site and communicate to parents of eligible students how to sign up for Summer Program through the City’s enrollment platform.

g. District will provide Summer Program students and leaders access to areas of the campus such as classrooms, multi-use room, restrooms, etc. during Summer Program hours for Summer Program enrollees, as well as onsite storage for Summer Program equipment.

h. District will pay City, 100% of Program costs for enrolled students at the program amount of $16 per day, per student. District will be billed by City and will pay City within 30 days of receipt of invoice.

11.5 Notices. Any notice required or permitted under this Joint Use Agreement shall be in writing, delivered to the Party at the address set forth below, and shall be deemed effectively delivered upon (i) personal delivery or electronic delivery, (ii) one day after deposit for overnight delivery by Federal Express or a comparable national express courier, (iii) two days after deposit in the United States mail, by first-class mail, postage prepaid, or (iv) receipt via facsimile or electronic mail. A Party may designate another address for notice purposes upon written notice pursuant to the provisions of this paragraph. The Parties shall provide each other after-hours emergency contact phone numbers of appropriate supervisory staff, which shall be periodically updated.

DISTRICT
Milpitas Unified School District
Attn: Superintendent
1331 East Calaveras Blvd.

Milpitas, CA 95035
Phone: (408) 635-2600
Fax: (408) 635-2616
Email: [email protected]

CITY
City of Milpitas
Attn: Acting City Manager
455 East Calaveras Blvd., 3rd Floor
Milpitas, CA 95035
Phone: (408) 586-3050
Email: [email protected]
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With a copy to:

City of Milpitas
Attn: City Attorney
455 East Calaveras Blvd.

Milpitas, CA 95035
Phone: (408) 586-3040
Email: [email protected]

a. All other provisions of the Agreement not amended by this Amendment No. 1 shall remain in full force and effect.

[Signatures on following pages]

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Signature Page
for

AMENDMENT NO.1 TO JOINT USE AGREEMENT

IN WITNESS WHEREOF, this Joint Use Agreement is executed by the City of Milpitas, acting by and through its City Council that has authorized the City Manager to execute, and by the Milpitas Unified School District, acting by and through its Board of Education that has authorized the superintendent or his designee to execute.

CITY OF MILPITAS MILPITAS UNIFIED SCHOOL DISTRICT

By:

Name: _____________________________

By:

Name: _____________________________

Title:

Date:

APPROVED AS TO FORM

By: _____________________________

Name: _____________________________

Title: CITY ATTORNEY

Date: _____________________________

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider One Fee Waiver Request and One Donation Request from Show Up and Love and Contemporary Asian Theatre Scene (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/16/2023
Recommendation:
1) Approve a Fee Waiver of $700.00 for the Show Up & Love 1st Annual Fundraiser Cook off for Love at the Barbara Lee Senior Center Community Room on Sunday, July 16, 2023;
2) Approve a donation of $500.00 to the Contemporary Asian Theatre Scene to help pay for the cost of renting one theatre from Century Theatres on Tuesday, May 30, 2023.

BACKGROUND:

On April 12, 2023, staff received a Donation and Fee Waiver/Reduction Policy request Show Up and Love in Milpitas for their Show Up & Love 1st Annual Fundraiser Cook off for Love scheduled for Sunday, July 16, 2023, at the Barbara Lee Senior Center Community Room. The request is for a $700 fee waiver for the Community Room rental costs.

On May 1, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Contemporary Asian Theatre Scene’s Special Screening of “Dealing with Dad” at Milpitas Century Theatres at the Great Mall on May 30, 2023. The film screening is meant to help the AAPI community address mental health issues. The request is for a $500 donation to help pay for the cost of renting one theatre from Century Theatres.

ANALYSIS:

Two Donation and Fee Waiver/Reduction Policy request applications were received by the Recreation and Community Services Department. Applications included one (1) request for fee waiver and one (1) request for a donation.

Fee Waiver Requests

Show Up and Love submitted the required applications and documentation for the Show Up & Love 1st Annual Fundraiser Cook off for Love:

- Indoor Space Rental Application for Milpitas Community Center Auditorium - City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter

Show Up and Love is requesting that City Council waive eligible fees for the Facility Rental hourly rate for the Barbara Lee Senior Center Community Room in the amount of $700. Fees ineligible for waiver include the rental application fee of $31 and refundable security/damage deposit of $500. Refundable security/damage deposits are refunded within 30 days of the rental.

Donation Request

The Contemporary Asian Theatre Scene submitted the required application and documentation for the Special Screening of “Dealing with Dad” which includes:
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- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter

The Contemporary Asian Theatre Scene is requesting that City Council make a donation to go towards their rental of a theatre at the Century Theatre at the Great Mall in the amount of $500.

The Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request City fees to be waived up to $1,500 or a donation amount up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non-discriminatory, and non-political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the State Franchise Tax Board.

As required, Show Up and Love and the Contemporary Asian Theatre Scene have provided copies of their respective determination letters from the Internal Revenue Service stating they are tax-exempt organizations.

All applicants meet the requirements as outlined in the Council adopted Donation and Fee Waiver/Reduction Policy.

POLICY ALTERNATIVE(S):

Alternative: Do not approve any one or combination of received fee waivers and donation applications as requested.

Pros: The City’s General Fund will not incur the costs of the fees waived.

Con: Denial of the request may not allow the non-profit organization to hold their events.

Reason not recommended: This request is consistent with the Council approved Policy.

FISCAL IMPACT:
$25,000 was approved and included in the FY 2022-23 City budget for City Council’s Unallocated Community Promotions with a current balance of $18,907. If these requests are approved by City Council, then $17,707 would remain in that line item of the current year’s budget.

RECOMMENDATION:
1) Approve a Fee Waiver of $700 for the Show Up & Love 1st Annual Fundraiser Cook off for Love at the Barbara Lee Senior Center Community Room on Sunday, July 16, 2023;

2) Approve a donation of $500 to the Contemporary Asian Theatre Scene to help pay for the cost of renting one theatre from Century Theatres on Tuesday, May 30, 2023.

Attachment(s):

1. Show Up and Love Center Application

2. Show Up and Love Center Internal Revenue Service (IRS) non-profit letter

3. Contemporary Asian Theatre Scene Application

4. Contemporary Asian Theatre Scene Internal Revenue Service (IRS) non-profit letter

5. City Council Donation and Fee Waiver/Reduction Policy

6. Fee Waiver and Donation Tracking List
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Item # C18.
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Item # C18.
5/8/23, 8:49 PM Tax Exempt Organization Search Details | Internal Revenue Service https://apps.irs.gov/app/eos/details/ 1/1
Contemporary Asian Theatre
Scene
EIN: 77-0402633 | San Jose, California, United States
Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.

On Publication 78 Data List: Yes
Deductibility Code: PC
285
Item # C18.

CITY OF MILPITAS
Revision Date
Original 04/16/2013
6/21/2022

CITY COUNCIL POLICY

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1. PURPOSE

1.1. The City recognizes the value of partnership with other agencies and organizations in providing services that benefit the community and its residents.

1.2. The City may provide a donation or grant a reduction and/or waiver of fees to intergovernmental agencies or non-profit organizations that provide Milpitas community benefit.

2. POLICY

2.1. The City shall have the sole authority and the City Council shall have the final authority to approve Donations and Fee Waiver/Reduction requests.

2.2. The City Council shall evaluate donation and fee waiver/reduction requests at a scheduled City Council meeting.

2.3. Any requests for donation or fee waiver/reduction must be submitted in writing using the provided application form by the Recreation and Community Services Department.

2.4. In order for an organization to be eligible for a donation or fee waiver / reduction, the following criteria have to be met:

2.4.1. The applying organization must be:

2.4.1.1 A non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency;

2.4.1.2 Non-discriminatory, and non-political in nature;

2.4.2. Events must provide a community benefit within the City of Milpitas proper.

2.5. If the event requested for fee waiver is a fundraiser, the organization must demonstrate that at least 60% of fund raised will be of general benefit to the Milpitas community.

2.6. If the request for donation or fee waiver/reduction is for a community event, the event must be advertised, open to the public and no entrance fee shall be charged for the event.

2.7. Fee waivers/reductions only apply to services provided by the City during its regular course of business. Such fees may include rental fees for the City’s facilities or equipment, building permit fees or fire permit fees. Any deposits and/or City staff overtime costs required due to the event cannot be waived.

2.8. The City Council may grant donation or fee waiver/reduction to each organization once annually, regardless of how many branches or affiliations it may have.

Policy No:

Click or tap here to enter
text.

DONATION AND FEE WAIVER/

REDUCTION POLICY
Effective Date:
6/21/2022
Revision No:
1 Policy Administrator:

Recreation and Community Services
Next Review Due:

As needed
Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

Click or tap here to enter text.

Council meeting date, agenda item #, and
vote
Date Approved:
6/21/2022
286
Item # C18.

CITY OF MILPITAS
Revision Date
Original 04/21/2006
6/21/2022

CITY COUNCIL DONATION AND FEE WAIVER/REDUCTION POLICY / POLICY #

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2.9. The fee waiver/reduction amount is subject to $1,500 maximum per fiscal year and the donation amount is subject to $500 maximum annually for each organization. A fee waiver/reduction request cannot be combined with a donation request.

2.10. To the extent possible, the City’s contribution should be recognized in the event fliers and/or advertising with the following statement, “This event made possible, in part, by the City of Milpitas.”

2.11. Within 60 days after completion of the event in which a donation was received or a fee waiver/reduction was granted by the City, the organization will provide a written report to the Director of Recreation and Community Services to include at minimum: number of participants, copies of all publicity of the event, any benefit to the community, amount of funds raised and an accounting of how the proceeds of the event will be dispersed.

2.12. Failure to abide by the rules and procedures as set forth in this document will result in the organization being denied for funding and/or fee waiver/reduction in the future.

3. PROCEDURE

3.1. The Recreation and Community Services Department shall maintain an application for Donation and Fee Waiver/Reduction Requests.

3.2. Upon receipt of an application, the Recreation and Community Services Department shall determine eligibility for a Donation and/or Fee Waiver/Reduction consistent with this Policy and inform the applicant of its determination in writing.

3.3. If eligibility is determined, the Director of Recreation and Community Services shall bring requests for donation or fee waiver/reductions to Council for approval at any regular or special meeting.

3.4. If ineligibility is determined, the applicant can appeal the Director of Recreation and Community Services’ determination to the City Manager. A request for appeal must be made, in writing, and delivered to the City Manager’s Office within seven (7) days of the applicant’s receipt of the determination of ineligibility. The request for appeal must state, in writing, the basis for the appeal and must contain all written documentation supporting each basis for appeal. The City Manager shall issue a decision, in writing, without hearing based on the documents presented.

3.5. Donation and Fee Waiver Budget

3.5.1. With each budget cycle, the City Council will establish an annual budget amount for donations or fee waivers/ reductions for unspecified community events. Except for extraordinary circumstances, donations and or fee waivers/reductions will not be granted once the budgeted amount has been allocated.

287
Item # C18.

City Council Fee Waiver/Donations
Fiscal Year 2022-23
Organization Name Event Type Fee Waiver/Donation City Council Approval Date Event Date Amount Awarded Boy Scouts Troop 92 Eagle Scout Honor Ceremony Fee Waiver 8/9/2022 8/13/2022 -$546.00 Christian Worship Center Easter Egg Hunt Fee Waiver 4/4/2023 4/8/2023 -$1,500.00 FAREPA ADU Workshop Fee Waiver 4/4/2023 5/13/2023 -$830.00 Kiwanis Crab Feed Fee Waiver 1/17/2023 2/3/2023 -$900.00 Korean Language and Culture Foundation Korean Alphabet Celebration Donation 9/20/2022 10/2/2022 -$500.00 MUSD Aerotech Club Rocketeering Event Donation 4/4/2023 5/20/2023 -$500.00 Sunnyhills Neighborhood Association Halloween Event Fee Waiver 9/20/2022 10/29/2022 -$1,317.00 Total Awarded: -$6,093.00
Starting Balance $25,000.00
Remaining Balance $18,907.00
288
Item # C18.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Supersede Resolution No. 9145 to Update City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586- 3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/16/2023
Recommendation: Adopt a resolution to supersede Resolution No. 9145 updating City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.

BACKGROUND:

Pursuant to Milpitas Municipal Code Section I-600-2.30(3), the City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City’s official sentiments by any of the following means: (i) display in lieu of the MIA/POW flag on one of the four City Hall Display Flag Poles located at the rear of City Hall adjacent to the pond, (ii) display in lieu of the flag of the State of California on one of the three flag poles located at Cesar Chavez Plaza, or (iii) display through ground level ceremonies at any of the following locations at the Civic Center complex or the City of Milpitas Community Center:

(1) City Hall Rotunda
(2) Area adjacent to pond at City Hall
(3) Cesar Chavez Plaza
(4) City Council Chambers

On September 7, 2021, May 3, 2022 and June 21, 2022 the City Council adopted Resolutions directing staff to annually fly the City Event Celebration Flags and/or other Commemorative Flags for various upcoming Recreation and Community Services events in connection with and during periods (up to 30 days) of recognition for the following commemorative events:

Flag Raising Dates flag flown Council Approval Date
Black History Month February 1 to 28 September 7, 2021
Cesar Chavez Birthday March 31st September 7, 2021
Vietnamese Heritage Day April 30 September 7, 2021
Public Safety Appreciation Day May 15 September 7, 2021 Eritrea Independence Day May 24 September 7, 2021
LGBTQ Pride Celebration June 1 – June 30 September 7, 2021 Philippine Independence Day June 12 September 7, 2021
Juneteenth June 19 September 7, 2021
India Independence Day August 15 June 21, 2022
Hispanic Heritage September 15- October 15 September 7, 2021 Mexican Independence Day September 16 May 3, 2022
Filipino American History Month October 1- October 31 September 7, 2021 Native American Heritage and
Culture Month
November 1- November 30 September 7, 2021

289
Item # C19.

ANALYSIS:

The City of Milpitas flies City Event Celebration Flags and/or other Commemorative Flags for various upcoming Recreation and Community Services events in connection with and during periods (up to 30 days) in the Cesar Chavez Plaza. Additionally, due to a clerical oversight, Asian American and Pacific Islander Heritage month is not in the current resolution. Staff is bringing forward for Council consideration an amendment to the Resolution directing staff to fly the Commemorative Flag of Asian American and Pacific Islander Heritage Month on May 1 – May 31, establishing flag dates.

Staff is recommending updating the flag schedule as follows. Additionally, the below table provides a summary of which flag raisings have community organized events associated with them in the current fiscal year:

Flag Raising Dates flag flown Council Approval Date Community Organized Events in
FY 2022-2023
Black History Month February 1 to 28 September 7, 2021
Cesar Chavez Birthday March 31st September 7, 2021
Vietnamese Heritage Day April 30 September 7, 2021
Asian American and
Pacific Islander Heritage
Month (new)
May 1 to May 31 Pending approval
Public Safety Appreciation
Day
May 15 September 7, 2021
Eritrea Independence Day May 24 September 7, 2021 X
LGBTQ Pride Celebration June 1 – June 30 September 7, 2021 Philippine Independence
Day
June 12 September 7, 2021 X
Juneteenth June 19 September 7, 2021
India Independence Day August 15 June 21, 2022 X
Hispanic Heritage September 15- October
15 September 7, 2021
Mexican Independence
Day
September 16 May 3, 2022 X
Filipino American History
Month
October 1- October 31 September 7, 2021 X
Native American Heritage
and Culture Month
November 1- November
30 September 7, 2021 X

Per a community organizer request for the 2023 Philippine Independence Day Flag Raising ceremony, staff is seeking approval to fly the Philippine Independence Day Flag one additional day, June 24, to allow for a public ceremony. In accordance with the Municipal Code, a Commemorative Flag will be displayed for a period that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

In order to provide more flexibility for community groups organizing flag raising ceremony events, staff is recommending that City Council approve to amend the resolution to allow the City Manager or their designee, to approve an additional or alternate date to fly an approved flag, if that date is requested by organizers of events for the particular flag raising and does not conflict with another Council approved flag raising. In accordance with the Municipal Code, a Commemorative Flag will be displayed for a period that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

FISCAL IMPACT: 290
Item # C19.

None.

California Environmental Quality Act (CEQA):

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

Adopt a resolution to supersede Resolution No. 9145 updating City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.

Attachment(s):

Draft Resolution
291
Item # C19.

Resolution No. ____
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS DIRECTING

STAFF TO FLY COMMEMORATIVE FLAGS AT CESAR CHAVEZ PLAZA FOR

CITY-SPONSORED EVENTS

WHEREAS, on December 18, 2018, the City Council (the “City Council”) of the City of Milpitas Adopted Ordinance No. 260.2 relating to the display of flags on City -owned property; and

WHEREAS, on May 3, 2022, the City Council (the “City Council”) of the City of Milpitas Adopted Resolution No. 9145 relating to the display of flags on City-owned property; and

WHEREAS, the City Council (the “City Council”) of the City of Milpitas intends this resolution to supersede Resolution No. 9145 relating to the display of flags on City -owned property; and

WHEREAS, ppursuant to Milpitas Municipal Code Section I -600-2.30(3), the City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City’s official sentiments by any of the following means: (i) display in lieu of the MIA/POW flag on one of the four City Hall Display Flag Poles located at the rear of City Hall adjacent to the pond, (ii) display in lieu of the flag of the State of California on one of the three flag poles located at Cesar Chavez Plaza, or (iii) display through ground level ceremonies at any of the following locations at the Civic Center complex or the City of Milpitas Community Center:

(1) City Hall Rotunda
(2) Area adjacent to pond at City Hall
(3) Cesar Chavez Plaza
(4) City Council Chambers; and
WHEREAS, the City of Milpitas sponsor s commemorative events, ceremonies and holidays annually in Cesar Chavez Plaza; and
WHEREAS, the City intends to fly certain Commemorative Flags in Cesar Chavez Plaza as part of the sponsored events, ceremonies and holidays, for certain periods; and WHEREAS, in accordance with the Milpitas Municipal Code, the Commemorative Flags shall be displayed for a period that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 days; and
WHEREAS, the periods of Commemorative Flag s as approved by this Resolution may occur concurrently; and
WHEREAS, during such instance, multiple Commemorative Flags, but no more than three flags, may be raised on a flagpole from the top to the bottom in chronological descending order for the period approved in this Resolution.
292
Item # C19.

Resolution No. ____
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

2. Pursuant to Milpitas Mun icipal Code Section I -600-2.30(3), the City Council hereby directs staff to fly the following Commemorative Flags in lieu of the flag of the State of California at Cesar Chavez Plaza on the following dates and date ranges, after which staff shall resume flying the flag of the State of California unless the City Council directs otherwise by further resolution:
 Black History Month – February 1 - 28,
 Cesar Chavez Birthday– March 31,
 Vietnamese Heritage Day – April 30,
 Asian and Pacific Islander Heritage Month – May 1 – 31,  Public Safety Appreciation Day – May 15,
 Eritrea Independence Day – May 24,
 LGBTQ Pride Celebration – June 1 – 30,
 Philippine Independence Day – June 12,
 Juneteenth – June 19,
 Hispanic Heritage – September 15 – October 15,
 Mexican Independence Day – September 16,
 Filipino American History Month – October 1 – October 31,  Native American Heritage and Culture Month – November 1 – 30.

3. During any instance where multiple Commemorative Flags are directed to be flown during the same time period, no more than three flags may be raised on a flagpole from the top to the bottom in chronological descending order for the period approved in this Resolution.

4. The City Manager or their designee, may approve an additional or alternate date to fly an approved flag, if that date is requested by organizers of events for a previously City Council approved flag raising and does not conflict with another Council approved flag raising. In accordance with the Municipal Code, a Commemorative Flag will be displayed for a period that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

293
Item # C19.

Resolution No. ____
PASSED AND ADOPTED this day of 2021, by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney
294
Item # C19.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Hear Administrative Appeal of Hearing Officer’s Decision Upholding the Police Chief’s Denial of a Massage Establishment Permit (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3041, Christopher Creech, Assistant City Attorney, 408-586-3049)
Category: Public Hearings-Public Safety
Meeting Date: 5/16/2023
Recommendation: (1) Open a public hearing;
(2) Take evidence in accordance with MMC I-20-3.02; and (3) vote to (i) uphold the previous decision, or (ii) reverse and remand the decision for further consideration, or (iii) reverse the decision (without remand) and reach an opposite decision, or (iv) modify the previous decision, or (v) add new or additional conditions to the permit with additional notice, or (vi) continue the matter for further discussion for a meeting no later than 60 days from the date of the close of evidence. .

BACKGROUND:

The Council is called upon to determine whether the denial of a massage establishment permit application should be upheld given violations of various state and local laws, including solicitation for prostitution.

On February 7, 2023, the Police Chief denied the application of Trang Thi Minh Nguyen (“Trang Nguyen”) for an annual renewal of the Massage Establishment Permit for Uyen Nhi Day Spa (122 W. Calaveras Bl.). In accordance with the Municipal Code, Trang Nguyen appealed that decision to the City Manager’s designated Hearing Officer, City Clerk Suzanne Guzzetta. After hearing evidence on April 13, 2023, the duly designated hearing officer affirmed that permit denial on April 26, 2023. Trang Nguyen now appeals that decision to the City Council.

The original denial letter, hearing officer decision, and declarations from investigating officers are attached and detail the violations, including solicitations for sexual acts, that led to the permit denial.

The Council’s role is to conduct an appeal hearing in accordance with the procedures and time limits set by MMC section I-20-3.02 and Chapter IV and Section K of the City Council Procedures and Protocols Handbook.

The Council may hear and consider evidence presented at the earlier hearing, the hearing officer’s decision, and the reasons therefore, and may also hear and consider new evidence. (MMC I-20-5.08.) The Mayor, as the presiding Councilmember, shall be Hearing Officer for the purpose of the appeal. (MMC I-20-3.03.) She shall be responsible for opening the hearing, determining when each party should present its evidence, and maintaining the order of the hearing. (MMC I-20-3.03 and 3.04.) The Mayor’s responsibility with regard to keeping order includes the duty to recognize individuals who wish to speak at the hearing. (MMC I-20-3.06.) Documentary evidence, including reports, maps, charts, photographs, letters, and petitions, that are presented at the hearing or used by a witness shall be introduced into evidence and shall be deemed to be a part of hearing record. (MMC I-20-3.07.) A reasonable opportunity shall be afforded to any interested party to ask questions of any witness so long as the questions are asked through the hearing officer for resubmission to the witness. (MMC I-20-3.08-1.) The questions must be relevant to the issue under consideration and must not be improperly argumentative, unintelligible, insulting, compound, or speeches in the guise of questions. (MMC I- 20-3.08-3.) The Mayor shall be the judge of the relevancy and materiality of all evidence offered. (MMC I-20-

3.09.) Prior to closing the hearing, both sides shall have a reasonable opportunity to set forth their positions on the matter under consideration and their opinion on the evidence submitted. (MMC I-20-3.10.) 295
Item # 20.

At the close of evidence, the City Council, by majority vote, may vote to (i) uphold the decision previous decision, (ii) reverse and remand the decision for further consideration, (iii) reverse the decision (without remand) and reach an opposite decision, (iv) modify the previous decision, or (v) add new or additional conditions to the permit with additional notice. (MMC I-20-6.02.) Should the majority of the Council wish to take additional time to consider the evidence, the Council may vote to close the hearing and set the matter for discussion and final vote at a future meeting, so long as that meeting takes place within 60 days of the date of the close of evidence. (MMC I-20-3.17.) The Council is not required to state the reasons for its decision. (MMC I-20-3.16.)

The burden of proof in the appeal hearing is on the applicant. (MMC I-6-18 (c).) This means that if the Applicant cannot prove that its evidence is more likely true than not, the City Council must find in favor of the Police Chief’s denial of the massage permit. (MMC I-6-18 (c).)

SUMMARY OF FACTS:

On July 13, 2021, a concerned citizen called the Police Department. They had just visited Uyen Nhi Day Spa for the first time. While seeking out a massage, they were propositioned by the business’ staff for sexual services. The reporting party became uncomfortable and left but remained concerned prostitution or trafficking was occurring.

Given this tip and Trang Nguyen’s 2022 permit renewal application, Detective Daniel Sevilla, who administers the Massage Permit Program, investigated to determine whether issuance of a massage establishment permit would be consistent with the business’ operation in a lawful and professional manner. This investigation included a walkthrough inspection on September 8, 2022, during which Detective Sevilla observed that none of the working masseuses were wearing proper identification or dressed in professional, unrevealing attire as required by the Milpitas Municipal Code (the “MMC”) and state guidelines set by the California Massage Therapy Council (the “CMTC”). After he identified himself as an officer, Detective Sevilla saw one masseuse furtively discard soiled tissues in a manner that suggested to him that sexual acts might be occurring on the premises. Detective Sevilla coordinated resources for an operation to further investigate. He monitored the business during the intervening period.

On January 19, 2023, Detective Clint Jackman entered Uyen Nhi Day Spa posed as a customer and paid for a massage. When he asked the masseuse if she performed sexual acts, she initially refused before indicating her willingness to perform a negotiated sexual act. She then accepted payment and began to perform the negotiated act before uniformed officers entered the building and arrested her for solicitation for prostitution.

During this arrest, a customer stated that a receptionist had been performing unlicensed massage upon him.

Officers also observed employees of the business several times locking the entrance after customers entered, which is prohibited by both the MMC and state guidelines set by the CMTC.

Officers reported the result of these investigations to the CMTC, who subsequently revoked Trang Nguyen’s state massage certificate as well as the certificates of several masseuses.

ANALYSIS:

In this appeal, it is Trang Nguyen who has the burden to show that the hearing officer’s decision to uphold the permit denial was erroneous. (MMC III-6-18(c).) If she fails to carry this burden, then the hearing officer’s decision should be upheld.

In the exercise of discretion, the Chief of Police may deny a massage establishment permit application if, among other things, applicant or business owner has had any massage establishment permit revoked or suspended or otherwise been subject to qualifying discipline within the last five years by any other state or local agency. (MMC III-6-6(f)(6).) Trang Nguyen’s state massage certification is currently suspended by the California Massage Therapy Council.

The Chief of Police may also deny a massage establishment permit application that would not comply with all applicable laws, including the MMC and specifically the massage operating standards set therein. (MMC III-6- 296
Item # 20.

6(f)(8).) The City’s massage operating standards, in turn, prohibit the following conduct detected at Uyen Nhi Day Spa:

 Failure of the permittee to ensure that all massage technicians do not engage in any form of sexual activity on the premises of a massage establishment on at least January 19, 2023 and potentially September 8, 2022. (MMC III-6-7(m).)
 Failure of the permittee to ensure that all massage technicians do not engage in any form of sexual activity while performing massage services for compensation on at least January 19, 2023 and potentially September 8, 2022 and July 13, 2021. (MMC III-6-7(m).)  Failure of the permittee to ensure that all massage technicians do not engage massage of the genitals on at least January 19, 2023 and potentially September 8, 2022. (MMC III-6-7(m).)  Providing massage when a patron’s genitals are not fully covered on at least January 19, 2023. (MMC III-6-7(l).)
 Uncertified practice of massage by the receptionist on at least January 19, 2023. (MMC III-6-7(b).)  Failure for massage technicians to carry their identification cards in their possession on at least September 8, 2022. (MMC III-6-7(d).)
 Providing or offering services outside of those described in a conspicuously posted display on the premises on at least January 19, 2023 and July 13, 2021. (MMC III-6-7(f).)  Failure of the permittee to ensure that all massage technicians are not wearing transparent, see- through, or other garments that substantially expose their undergarments on at least September 8, 2022. (MMC III-6-7(h).)
 Failure of the permittee to ensure that all massage technicians are not wearing attire that expose their breasts or buttocks on at least September 8, 2022. (MMC III-6-7(h).)  Failure of the permittee to ensure that all message technicians comply with the professional dress code promulgated by state and local law as well as the California Massage Therapy Council guidelines on at least September 8, 2022. (MMC III-6-7(h).)
 Locking the only available entrance door during business hours on at least January 19, 2023. (MMC III- 6-8(k).)
 Failure to comply with all state and federal laws on at least September 8, 2022 and January 19, 2023, and potentially July 13, 2021. (MMC III-6-7(n).)

Additionally, the Chief of Police may revoke or suspend a massage establishment permit for, among other things, any of the following violations detected at Uyen Nhi Day Spa:

 Failure of a permittee, managing employee, or other employee to comply with any of the requirements, regulations, standards, or conditions in the City’s Massage Ordinance on at least September 8, 2022 and January 19, 2023, and potentially July 13, 2021. (MMC III-6-17(a)(2).)  Uncertified practice of massage by the receptionist on at least January 19, 2023. (MMC III-6-17(a)(3).)  Occurrence, “with or without [the permittee’s] knowledge,” of criminal activity at a massage establishment on at least January 19, 2023 and potentially July 13, 2021 and September 8, 2022. (MMC III-6-17(a)(4).)
 “[W]hether or not any criminal prosecution has been pursued or conviction obtained,” the occurrence of one or more acts at a massage establishment prohibited by, among other things, Penal Code sections 314 (assisting lewd acts), 647(a) (solicitation for lewd or dissolute conduct) and 647(b) (solicitation for prostitution) on at least July 13, 2021 and January 19, 2023 and potentially September 8, 2022. (MMC III-6-17(a)(5).)

In the matter before the Council, Trang Nguyen and employees of the Uyen Nhi Day Spa violated the sections of the municipal code set forth above. The facts pertaining to those violations are set forth in the attached declarations of Detective Daniel Sevilla and Detective Clint Jackman. These declarations are made under penalty of perjury. It is requested that the declarations be admitted into evidence and considered by the Council in support of the factual basis for revoking Trang Nguyen and the Uyen Nhi Day Spa’s massage establishment permit.

297
Item # 20.

In her separately submitted Brief of Appeal, Trang Nguyen does not submit any information to contradict the report of solicitation on July 13, 2021 or Detective Sevilla’s observations on September 9, 2022 or any other day. As to Detective Jackman’s plain clothes operation on January 19, 2023, Trang Nguyen concedes that the masseuse’s “statement coincides with Detective Jackman’s statement.” The masseuse, however, believed that the payment she accepted was an over 40% tip on an uncompleted massage and that she did not initiate her subsequent physical contact with Detective Jackman.

Most significantly, neither Trang Nguyen nor the masseuse dispute that after initially refusing to do “extra,” the masseuse then told Detective Jackman that he could “do it yourself,” i.e., perform a sexual act in her presence during the massage. Trang Nguyen does not dispute that the masseuse immediately thereafter accepted money from Detective Jackman and then allowed the negotiated sexual act to occur. Detective Jackman explains that after offering to help, the masseuse then touched his genitals sexually before he stopped her and signaled for her arrest.

Other suggestions made by Trang Nguyen in her Brief of Appeal are directly contrary to the City’s Massage Ordinance.

For instance, Trang Nguyen asserts that her business’ employees were not convicted for any crime. Under the City’s Ordinance, a qualifying criminal occurrence is grounds for revocation or suspension of a massage establishment permit “whether or not any criminal prosecution has been pursued or conviction obtained.” (MMC III-6-17(a)(5).)

Trang Nguyen also asserts that she had no knowledge of the violations and did not encourage these violations.

Under the City’s Ordinance, “with or without knowledge” criminal activity at a massage establishment is imputed to the permittee (MMC III-6-17(a)(4)) and “[a]ny act or omission of any massage technician providing massage at or through the permittee's business, including rent-space therapists, which constitutes a violation of [the City’s Massage Ordinance] shall be deemed a violation of the permittee” (MMC III-6-17(b) (emphasis added)). Qualifying criminal acts are grounds for revocation “whether or not they occurred with or without the actual knowledge of the permittee.” (MMC III-6-17(a)(5).)

Trang Nguyen also asserts that she was not given a fair administrative hearing because she was given fifteen minutes to present her case. That time limit is set by the City’s Massage Ordinance. (MMC III-6-18(a)(3).) Trang Nguyen does not explain in her Brief of Appeal why that was not sufficient time or why the additional questions she would have posed were not adequately already answered by the prior testimony (or indeed the City’s Massage Ordinance itself). Notably, this was the only ground for appeal identified in Trang Nguyen’s notice of appeal. An appeal is normally limited to the grounds stated in the notice of appeal. (See, e.g., MMC I- 20-5.04, III-6-18.)

Similarly, Trang Nguyen asserts that she was not cited by the City for these massage practice violations detected at the premises. To the contrary, those violations were appropriately referred to the California Massage Therapy Council, who suspended her certification as well as the certification of various masseuses employed at Uyen Nhi Day Spa.

Finally, Trang Nguyen asserts that masseuse who solicited Detective Jackman was properly dressed. That fails to respond to Detective Sevilla’s observation, which concerned the attire of all the employees on September 8, 2022.

If the Council does not find that Trang Nguyen has carried her burden as the appellant to show error, then the hearing officer’s decision should be upheld.

If the Council reaches an opposite decision and does not remand to the hearing officer for further consideration, then Trang Nguyen must carry her burden in showing that all the requisite grounds for permit issuance stated in Section III-6-6 of the Municipal Code are true.

If the Council upholds the suspension, Trang Nguyen may still reapply for a permit after a 1-year suspension. (MMC III-6-17(d).)
298
Item # 20.

Within sixty days of the close of the hearing on appeal, the Council by majority vote must decide whether to:

(i) Sustain the decision (i.e., uphold the denial of the permit); (ii) Reverse and remand the decision for further consideration (i.e., direct the hearing officer to reconsider the matter);
(iii) Reverse the decision (without remand) and reach an opposite decision (i.e., reverse the permit denial); or
(iv) Modify the decision. (MMC I-20-5.09, I-20-6.02.)

FISCAL IMPACT:

The fiscal impact of suspending a massage permit license will be de minimus, resulting in a slight loss of business license fees. .

California Environmental Quality Act (CEQA):

Under Section 15321 of the CEQA Guidelines, enforcement actions categorically do not have a significant effect on the environment and therefore are exempt from the provisions of CEQA.

RECOMMENDATION:

(1) Open a public hearing;
(2) Take evidence in accordance with MMC I-20-3.02; and (3) vote to (i) uphold the decision previous decision, or (ii) reverse and remand the decision for further consideration, or (iii) reverse the decision (without remand) and reach an opposite decision, or (iv) modify the previous decision, or (v) add new or additional conditions to the permit with additional notice, or (vi) continue the matter for further discussion for a meeting no later than 60 days from the date of the close of evidence.

Attachment(s):

1. Declaration of Detective Daniel Sevilla

2. Declaration of Detective Clint Jackman

3. Notice of Massage Establishment Permit Application Denial Letter Dated February 7, 2023

4. Notice of Findings and Upholding Denial of Massage Establishment Permit Dated April 26, 2023

5. Appellant’s Brief in Support of Application for Establishment Permit and Attached Declarations Received April 11, 2023

6. Notice of Appeal Dated May 2, 2023

7. Appellant’s Brief of Appeal Before the City Council Dated May 9, 2023 299
Item # 20.

Declaration of Detective Daniel Sevilla
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28 Declaration of Detective Daniel Sevilla
I, DANIEL SEVILLA, submit the following declaration and hereby declare as follows:

1. I have personal knowledge of each fact stated in this declaration and, if called upon as a witness, I can competently testify thereto.

2. I am a sworn peace officer employed by the Milpitas Police Department. I am currently assigned to the Special Investigations Unit as a detective. My duties include, but are not limited to, investigating all manner of crimes against persons, gangs, narcotics, auto theft, vice, prostitution, and human trafficking. By and within the scope of my duties, I am also the duly designated administer the City’s Massage Permit Program on behalf of the Chief of Police.

3. In 2022, Trang Thi Minh Nguyen (“Trang Nguyen”) applied for an annual renewal of the massage permit previously issued by the City for Uyen Nhi Day Spa, which is located at 122 West Calaveras Boulevard. In response to that application, I investigated to determine whether issuance of a massage permit would be consistent with the business’ operation in a lawful and professional manner that complied with the terms and conditions of relevant laws and professional guidelines, including those contained in state law, the Milpitas Municipal Code (“MMC”), and promulgated by the California Massage Therapy Council.

4. As part of that investigation, I reviewed Police Department records, which showed that on July 13, 2021, the Police Department received a prostitution complaint against Uyen Nhi Day Spa. The reporting party stated that they had just attempted to receive a massage at the business for the first time and had been propositioned for additional sexual services by the masseuse. They became uncomfortable and left before calling police. The reporting party said they remained concerned prostitution or trafficking was occurring.

5. As part of my investigation, on September 9, 2022, I conducted a walkthrough of the business and spoke to employees there as well as the owner, Trang Nguyen. None of the employees who identified themselves as masseuses were wearing proper identification, which is required by state law, the MMC, and state guidelines set by the California Massage Therapy Council. Moreover, none of the working masseuses were dressed in professional, unrevealing attire 300
Item # 20.

Declaration of Detective Daniel Sevilla
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28 as required by state law, the MMC, and state guidelines set by the California Massage Therapy Council. For instance, one masseuse was wearing a sheer, form fitting white dress that exposed her breasts. The fabric was so thin that I could clearly see her nipples and underclothing (a black thong without any bra). Another masseuse had a dress hiked up around her upper thigh area. She had to repeatedly pull down her dress to cover herself as I spoke with her. Another employee who identified herself as a receptionist was wearing a form fitting dress that exposed her breasts. None of the employees were wearing a uniform.

6. When I walked into the business, I was not dressed in my uniform and was wearing plain clothes such that I was not immediately identifiable as a police officer. After I had identified myself as an officer and indicated the reason for the visit, I observed a female exit a closed back room where a customer was. She looked at me and then immediately re-entered the room. She then came out of the room holding what appeared to be damp tissues. She then quickly entered an adjacent bathroom and disposed of the tissues there. When I looked in a trashcan in the bathroom, I found approximately ten styrofoam cups that contained moist tissues. I examined the tissues individually. They appeared to contain a clear, bodily, mucus type liquid. Based upon my training and experience, including investigating various sexual crimes and acts of prostitution, this liquid appeared to be semen. When I asked the woman about the tissues she had discarded when I saw her, she stated she was a masseuse and claimed the tissues were from customers blowing their noses or hand sanitizer from her washing her hands. She could not provide a further explanation about the volume of soiled tissues I located.

7. Based upon my observations and the prior citizen report, I became concerned that lewd or sexual activities, potentially including prostitution, where occurring on the premises during business hours. I therefore coordinated resources for a plain clothes operation to further investigate.

I also forwarded the results of my walkthrough to the California Massage Therapy Council.

8. I also returned to the business repeatedly thereafter to perform spot checks, about once a week. I observed the business from the outside for about an hour to an hour and a half each time. I observed predominantly male customers enter the business and remain inside for about 301
Item # 20.

Declaration of Detective Daniel Sevilla
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28 fifteen minutes to a half hour. Massage businesses are required to prominently display the services they offer on the premises and are prohibited from providing undisplayed services by state law, the MCC, and state guidelines set by the California Massage Therapy Council. I did not observe on the board displayed at Uyen Nhi Day Spa any service with an indicated time length of less than a half hour.

9. On January 19, 2023, I had Detective Clint Jackman, an undercover detective, walk into the business and pose as a normal customer in plain clothes to see if he would be solicited by employees at the business for a sexual act. I was positioned outside of the business while Detective Jackman went inside. While I waited, I observed that on multiple occasions, male customers entered the business and employees locked the front doors. I saw multiple other individuals attempt to enter the business without success because the building was locked. Locking the entrance to a massage business is prohibited by state law, the MMC, and state guidelines set by the California Massage Therapy Council.

10. After I received a signal indicating that Detective Jackman had been propositioned by an employee for paid sexual services, I directed officers to enter the building. We identified ourselves and announced our presence and ultimately arrested the masseuse who had propositioned Detective Jackman for a violation of Penal Code section 647 (solicitation for prostitution or other lewd or dissolute conduct).

11. While inside, I discovered the receptionist who I had previously spoken to alone in a back room with a male customer. The customer indicated that the receptionist had been performing massage upon him when we entered. The receptionist admitted she does not have a massage license but denied that she had performed massage on the customer. The unlicensed performance of massage is prohibited by state law, the MMC, and state guidelines set by the California Massage Therapy Council.

12. I left community solutions resources for the massage therapists on scene before I left. I also later met with the Trang Nguyen and explained to her what had occurred. I forwarded 302
Item # 20.

Declaration of Detective Daniel Sevilla
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28 the results of the operation to the California Massage Therapy Council and Santa Clara County District Attorney’s Office.

13. On April 14, 2023, I received notification from the California Massage Therapy Council that effective March 29, 2023, and April 6, 2023, the California Massage Therapy Council had suspended the massage certificates for Trang Nguyen as well as numerous masseuses.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my understanding, knowledge, and ability.

Executed this ___ day of _____________, 2023 at ______________, California.

By: _______________________________
DET. DANIEL SEVILLA
11 May
Milpitas
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Declaration of Detective Clint Jackman
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28 Declaration of Detective Clint Jackman
I, CLINT JACKMAN, submit the following declaration and hereby declare as follows:

1. I have personal knowledge of each fact stated in this declaration and, if called upon as a witness, I can competently testify thereto.

2. I am a sworn peace officer employed by the Milpitas Police Department. I am currently assigned as a detective. My duties include, but are not limited to, investigating all manner of crimes against persons, gangs, narcotics, auto theft, vice, prostitution, and human trafficking. I have investigated and assisted in the investigation of prostitution activity and lewd acts on multiple occasions, including interviews of prostitutes who use various means of contacting clients.

3. On January 19, 2023, I participated in an investigation of a massage establishment known as Uyen Nhi Day Spa, which is located at 122 West Calaveras Boulevard. I had not previously visited this establishment or received a massage there.

4. I entered the building in plain clothes in the capacity of an undercover officer and posed as a customer. Using pre-recorded bills, I paid seventy dollars for a one-hour massage. I was instructed to enter one of several back rooms off a hallway. I undressed completely and covered myself with a towel.

5. After about fifteen minutes, a woman entered the room and closed the door. She instructed me to lay face-down on the massage table, and I complied. She then began massaging my back, shoulders, arms, and buttocks.

6. Approximately twenty minutes into the massage, I turned onto my side and allowed the towel to slide away, exposing my nude buttocks. I did this as a recognized signal to see if the masseuse would make a solicitation. The masseuse initially repositioned my towel and directed me lay face down.

7. Later, but still well before the one-hour massage I paid for had ended, I turned onto my side for a second time, again exposing my nude buttocks. As the masseuse readjusted my towel and stated, “I’m not finished,” I responded, “I was hoping you could do something extra.” 304
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28 8. After initially stating something similar to, “No extra here,” the masseuse resumed the massage. But she then directed me to roll over and lay on my back. I complied. As she began massaging my legs and forehead, and without any further comment or action by me, she then told me, “If you want to do it yourself, I will help you.” I understood the masseuse to be offering to perform a sexual act for pay by assisting me in manual stimulation of my genitals.

9. I asked her, “How much?” She repeated, “Do it yourself, and I will help you.” The masseuse then began to touch my nude genitals instead of continuing the massage.

10. I reached over to my clothing to retrieve a pre-recorded twenty-dollar bill and a ten- dollar bill I had received in change when I initially paid for a massage. To establish cost, I held up both bills. Instead of choosing one bill, the masseuse took both and said, “For me? Thank you.” She then took the thirty dollars from me and placed it in the pocket of her smock. She then began to touch my genitals again and applied oil directly to my genitals. I signaled officers outside that I had been solicited for prostitution or another lewd act in violation of Penal Code section 647.

Rather than proceed with the negotiated act, I distracted the masseuse while officers made entry. I then exited the building with the other customers. I later identified the masseuse to the arresting officers. The masseuse was then arrested.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my understanding, knowledge, and ability.

Executed this ___ day of _____________, 2023 at ______________, California.

By: _______________________________
DET. CLINT JACKMAN
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City of Milpitas
City Manager’s Office
455 E. Calaveras Boulevard, Milpitas CA 95035

May 5, 2023 SENT VIA ELECTRONIC MAIL & CERTIFIED POST

TRANG NGUYEN

UYEN NHI DAYS SPA
122 WEST CALAVERAS BOULEVARD
MILPITAS, CA 95035
[email protected]

Subject: NOTICE OF CITY COUNCIL HEARING FOR APPEAL OF DENIAL OF

MASSAGE ESTABLISHMENT PERMIT
For Uyen Nhi Days Spa, 122 West Calaveras Boulevard, Milpitas, CA 95035

Time and Date of Hearing: 7:00 p.m., May 16, 2023
Location of Hearing: Milpitas Council Chamber located on the second floor of Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035

Dear TRANG NGUYEN:

This is a notice of hearing before the Milpitas City Council, to hear an appeal of the Denial of Massage Establishment Permit issued by Milpitas Police Chief Jared Hernandez on February 7, 2023 pursuant to Milpitas Municipal Code III-6-17(a) and upheld by Suzanne Guzzetta, City Clerk and Administrative Hearing Officer, City of Milpitas in Findings dated April 26, 2023. The hearing shall take place on May 16, 2023 at 7:00 p.m. in the Milpitas Council Chamber located on the second floor of Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035. If the denial is upheld, the decision of the City Council shall be considered final upon service of a written decision.

Grounds for Denial of Massage Establishment Permit
Incidents at the business include suspicious activity, an arrest for soliciting prostitution and numerous other California Massage Therapy Council, and Milpitas Municipal Code Violations pertaining to massage establishments and practices.

Appeal Hearing Procedure
(1) The hearing shall be conducted pursuant to Milpitas Municipal Code Title I, Chapter 20. (2) The City Council may hear and consider evidence presented at the hearing below and may also hear and consider new evidence.
(3) The Council shall render its decision by majority vote within sixty days of the close of the hearing on appeal. Their decision shall be final.

Those persons having an interest in said matters may attend the hearing and their testimony and evidence will be taken at the above referenced hearing .

Suzanne Guzzetta, Milpitas City Clerk
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Exhibit “A”

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Exhibit “A”
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Presentation from Staff on Exploratory Storm Drain System Funding Options (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Category: Community Services and Sustainable Infrastructure Meeting Date: 5/16/2023
Recommendation: Receive an informational presentation on the Preliminary Stormwater Funding Options Analysis and provide feedback to staff.

BACKGROUND:

The City of Milpitas owns and maintains an extensive storm drain system network (System), consisting over 100 miles of pipeline ranging from 12-inches to 36-inches, approximately 1,400 manholes, 260 trash capture devices and 3,500 storm drain inlets. The System collects surface stormwater runoff and conveys the water to 13 pump stations. An essential element of competently operating the System is short-term and long-term asset management and planning, which includes on-going maintenance and systematic replacement of infrastructure.

On August 9, 2022, the City Council adopted the Storm Drain Master Plan (Plan). The adopted Plan prioritized rehabilitation and replacement capital improvement projects (CIP) in order to avoid catastrophic System failures and to increase conveyance capacity. Projects include, but are not limited to:

 Complete pump station replacement. Estimated cost: $25 million  Approximately five miles of pipe replacement and upsizing to alleviate stresses on the storm drain infrastructure and mitigate the likelihood of flooding. Estimated cost: $15 million.  On-going renewal and replacement of pump station equipment. Estimated cost $13 million

Excluding low priority CIPs, the total CIP cost for the System, through 2050, is approximately $53 million (2020 dollars). Additionally, to effectively meet all future System demands, staff estimates a minimum of approximately $2.5 million is needed annual ly for O&M and regulatory compliance. Unlike the water and sewer utilities, the stormwater utility (Utility) does not have a dedicated funding source. The General Fund is currently the primary source of funding for expenditure incurred by the System, incl uding operation and maintenance (O&M) expenses. The General Fund contribution to the Utility is $500,000 annually, however this is a target and actual funding will depend upon the General Fund available resources and other priorities during the annual budget development. As part of the recommended actions authorized by City Council in the August 9, 2022 meeting, staff was to return to Council with various funding options.

ANALYSIS:

Consistent with the direction provided by City Council, on November 12, 2022, the City entered into a Professional Services Agreement with SCI Consulting Group for Storm Drain Fee Analysis Services.

SCI has performed a preliminary analysis exploring various revenue stream options to fund the City’s System needs. The analysis incorporates the City’s high priority CIP projects, as identified in the Plan, preliminary O&M program costs and costs associated with regulatory compliance.

SCI and staff are presenting to Council the project overview and preliminary findings of the analysis. This presentation is intended to be informational only and intended to solicit Council engagement and feedback.

Following this Council session, SCI will co ntinue to work with Staff to finalize revenue requirements and develop revenue stream recommendations. The table below is a preliminary schedule of anticipated next steps.
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Date Meeting
August – September
2023
City Council - Staff to present revenue requirements analysis December 2023 to
January 2024
City Council – Staff to present findings of community survey February – March 2024 City Council – Staff to present draft fee report March - April 2024 City Council – Staff to present final fee report for City Council consideration of proceeding with fee implementation options such as a ballot measure.

POLICY ALTERNATIVE(S):

This item is presented for City Council information and discussion only. No policy action is recommended at this time.

FISCAL IMPACT:

There is no fiscal impact at this time.

California Environmental Quality Act (CEQA):

The proposed action, to hold a study session, does not itself constitute a “project” under CEQA because it would not itself affect the environment in any way. Even if the proposed project were a project under CEQA, the proposed action would be statutorily exempt under 14 Cal. Code Regs. § 15262 (exempting feasibility and planning studies).

RECOMMENDATION:

Receive an informational presentation on the Preliminary Stormwater Funding Options Analysis and provide feedback to staff.

Attachment(s):

None

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Milpitas City CouncilMay 16, 2023

Milpitas City Council
May 16, 2023