REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
October 3, 2023 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, OCTOBER 3, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_Qk5qNZ5QTzamAjiKkbPyrg After you register a link will be sent to you to join the City Council meeting in order to give your comments. All Zoom meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating via phone, dial *9 to use the “raise hand” feature, and when called to speak, dial *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call speakers by name to address the City Council.
All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.
NOTE: If a member of the public wishes to share any presentation materials for C ouncil consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
Be respectful and courteous (words, tone, and body language). Model civility.
Avoid surprises.
Praise publicly and criticize privately.
Focus on the issue, not the person.
Refrain from using electronic devices while on the Council dais. Disclose conflicts of interest and affiliations related to agenda items. Separate governing from campaigning.
The Council speaks with one voice after making policy on issues. Respect the line between policy and administration.
Council will hold one another accountable to comply with this Code of Conduct. 1 October 3, 2023 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)
ADJOURN TO CLOSED SESSION
(a) THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code section § 54957
Consultation with: City of Milpitas Acting City Manager Ned Thomas (b) PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Manager
CLOSED SESSION ANNOUNCEMENT:
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Phan)
PRESENTATIONS (7:05 PM)
Fire Prevention Week (Proclamation)
Indigenous Peoples’ Day (Proclamation)
Hindu American Awareness and Appreciation Month (Proclamation) Clean Air Day (Proclamation)
Silicon Valley Clean Energy Electric Showcase Awards Presentation
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings for October 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for October 2023.
C2. Approve City Council City Council Meeting Minutes of September 14 and 19, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of September 14 and 19, 2023.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
2 October 3, 2023 Milpitas City Council Agenda Page 3
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Consider Recommendations for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive recommendations and approve recommendations for appointments to the Community Advisory Commission and Energy and Environmental Sustainability Commission and direct the City Clerk to post the Notice of Unscheduled Vacancy.
C6. Adopt a Resolution Authorizing the Application to the Prohousing Designation Program (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, 408-586-3275)
Recommendation: Adopt a resolution authorizing the application to and participation in the Prohousing Designation Program.
C7. Authorize the Acting City Manager to Enter into a Master Professional Services Agreement with Asquare, Inc. for Temporary IT Staffing Services (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086; and Daniel Nam, Information Technology Director, 408-586-2712) Recommendation: Authorize the Acting City Manager to enter into a two-year Master Professional Services Agreement with Asquare, Inc. for Temporary IT Staffing Services for the not-to-exceed amount of $250,000.00.
C8. Adopt a Resolution to Approve Sole Source Procurement of Police Vehicles from Duval Ford, LLC, and Authorize the Acting City Manager to Execute a Purchase Agreement with a Total Not- to-Exceed Amount of $701,953.92 for the Purchase of Up to 12 Police Vehicles (Staff Contact:
Jared Hernandez, Chief of Police, 408-586-2406 and Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: (1) Adopt a resolution to approve sole source procurement of police vehicles from Duval Ford, LLC, and authorize the Acting City Manager to execute a purchase agreement with a total not-to-exceed amount of $701,953.92 for the purchase of up to 12 police vehicles; and (2) In the event the City is unable to procure the vehicles from Duval Ford LLC, the City Manager is authorized to select another vendor and execute a purchase agreement with a total not-to-exceed amount of $701,953.92 for the purchase of up to 12 police vehicles.
C9. 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)
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.
3 October 3, 2023 Milpitas City Council Agenda Page 4
C10. Consider Two Fee Waiver Requests from FAREPA Silicon Valley and the Joseph Bettencourt Foundation and One Donation Request from Korean Language and Culture Foundation (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: (1) Approve a Fee Waiver of $945.00 for the Joseph Bettencourt Foundation Fundraiser at the Milpitas Community Center on October 20, 2023; (2) Approve a Fee Waiver of $1,500 for the FAREPA Silicon Valley Unity in Diversity event at the Milpitas Community Center on October 12, 2023; and (3) Approve Donation request of $500 for the Korean Language and Culture Foundation Alphabet event at the Milpitas Library on October 1, 2023.
COMMUNITY DEVELOPMENT (7:30 PM)
11. Provide Feedback and Guidance on the Proposed Workforce Housing Rental Assistance Program Approve an Additional Appropriation of $28,389.76 from the Affordable Housing Community Benefit Fund to FORWARD for the Administration of the Workforce Housing Rental Assistance Program, and Direct the Use of an Allocation from the State Budget for Homelessness Prevention and Unhoused Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586- 3275)
Recommendation: (1) Receive a recommendation from the Housing Subcommittee and staff to provide rental assistance for up to 50 households over 24 months through a Workforce Housing Rental Assistance Program; (2) Approve and Authorize the Acting City Manager, or designee, to allocate an additional appropriation of $28,389.76 from the Affordable Housing Community Benefit Fund to FORWARD for the administration of the Workforce Housing Rental Assistance Program ; and (3) Provide feedback and guidance on the use of an allocation from the State Budget for Homelessness Prevention and Unhoused Services for the Workforce Housing Rental Assistance Program.
12. Receive a Progress Report and Provide Direction to Staff on the Work Completed to Date on Phase 1 of the Comprehensive Zoning Ordinance Update, Including the Background and Recommendations Report, Draft New Zoning Districts (Business Park. Research and Development and Metro Area Zoning Districts), and Draft Updated Citywide Zoning Map (Staff Contact: Jay Lee, Interim Planning Director, 408-586-3077; and Holly Pearson, Senior Special Projects Associate, 408-609-0072)
Recommendation: Receive a progress report and provide direction to staff on the work completed to date on Phase 1 of the Comprehensive Zoning Update, including the Background and Recommendations Report, draft new zones (Business Park Research and Development and Metro Area Zones), and draft updated Citywide Zoning Map.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (9:00 PM)
13. Receive Presentation from Staff on Storm Drain System Revenue Requirements Analysis (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Receive an informational presentation on the stormwater revenue requirements analysis and provide feedback to staff.
LEADERSHIP AND SUPPORT SERVICES (9:45 PM)
14. Approve Employment Agreement for the City Manager (Staff Contact: Nick Raisch, Human Resources Director, 408-687-5086)
Recommendation: Approve Employment Agreement for the City Manager. 4 October 3, 2023 Milpitas City Council Agenda Page 5
PUBLIC FORUM (10:00 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (10:05 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (10:10 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: https://www.milpitas.gov/129/Agendas-Minutes (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
5 MILPITAS CITY COUNCIL CALENDAR
October 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
3 6:00 PM-Closed Session
7:00 PM-City Council
4 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
5 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
6 7
4:00-6:00 PM-
Artwalk (Main
Street)
8 9
4:30 PM-Economic Development and
Trade Commission (CM)
10 11
4:30 PM-City Council Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
12 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC Board of
Directors (CM)
13 14
11:00 AM-Delano
Manongs Park
Opening Ceremony
(McCandless Drive)
15 16
7:00 PM-Science, Technology, and
Innovation Commission (GB)
17 5:00 PM-Closed Session
7:00 PM-City Council
18 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
19 10:30 AM-South Bay Odor
Stakeholders Group (CM)
3:00 PM-VTA Safety, and Transit
Planning & Operations Committee
(CM)
20 21
22 23
4:00 PM- Finance Subcommittee
24 1:30 PM-Senior Advisory Commission
(CM)
25 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
26 12:00 PM-Santa Clara County Library
JPA Board of Directors (CM)
(Campbell)
27 28
29 30
31 September 2023
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
November 2023
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
6 Item # C1.
SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
September 14, 2023 Milpitas City Council Minutes Page 1
M I NU TE S
THURSDAY, SEPTEMBER 14, 2023
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on January 26, 2023, in the Douglas Room of the Sonesta Event Center, 1800 Barber Lane, Milpitas, CA.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Special City Council meeting to order at 8:08 AM.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo (8:18 AM), Lien, and Phan.
ABSENT: None.
PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.
ADJOURN TO CLOSED SESSION
City Attorney Mutalipassi announced the closed session items.
There were no public speakers.
The City Council adjourned to Closed Session at 9:09 AM. (a) PUBLIC EMPLOYEE APPOINTMENT/HIRING
Pursuant to California Government Code Section 54957
Position to be filled: City Manager
The City Council reconvened in open session at 4:23 PM.
CLOSED SESSION ANNOUNCEMENT
Mayor Montano announced that the Special Meeting scheduled for September 15, 2023 was cancelled and that there was nothing to report.
ADJOURNMENT
Mayor Montano adjourned the meeting at 4:25 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
7 Item # C2.
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
September 19, 2023 Milpitas City Council Minutes Page 1
M I NU TE S
TUESDAY, SEPTEMBER 19, 2023
The City Council of the City of Milpitas convened on September 19, 2023, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/ Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 6:01 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien, and Phan (6:07 PM).
ABSENT: None.
City Attorney Mutalipassi announced the closed session items. The City Council adjourned to Closed Session at 6:04 PM.
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Nick Raisch, Human Resources Director Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA (b) CONFERENCE WITH LEGAL COUNSEL – Existing Litigation Pending Litigation Pursuant to Government Code Section 54956.9(d)(1) City as Defendant
Lorin Preston v. City of Milpitas, Workers’ Compensation Appeals Board nos. ADJ11353145, ADJ11353106, ADJ15144006, and ADJ15056426.
The City Council reconvened in open session at 7:29 PM
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi reported that there was no action taken on Closed Session items.
PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.
INVOCATION (Councilmember Barbadillo)
Councilmember Barbadillo presented the invocation.
PUBLIC FORUM
The following people spoke under Public Forum:
1. Johnny Reed
2. Kayleen Buteau
8 Item # C2.
September 19, 2023 Milpitas City Council Minutes Page 2
3. Marvin Serber
4. Voltaire Montemayor
5. Tom Valore
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the September 12, 2023 Regular Meeting Agenda, hearing the Announcement and Future Agenda Items section prior to the Consent Calendar.
Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
ABSENT: None
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Mayor Montano recognized the Fire Department softball team for winning the gold medal in the California Firefighter Olympics.
Councilmember Phan asked to add an item to the future agenda items list to bring back Capital Projects that haven’t yet been named for the Council to review and as an overview of CIP Projects in the works. There was unanimous consensus from the City Council to add it to the prioritization list.
CONSENT CALENDAR
Motion: to approve the Consent Calendar
Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
ABSENT: None
There were the following public speakers:
1. Voltaire Montemayor
C1. Receive City Council Calendar of Meetings for September and October 2023 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for September and October 2023.
9 Item # C2.
September 19, 2023 Milpitas City Council Minutes Page 3
C2. Approve City Council City Council Meeting Minutes of August 29 and September 5, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of August 29 and September 5, 2023.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.
C5. Receive Report and Direct City Attorney to Introduce an Ordinance Regarding Regulation of Sidewalk Vendors in Parks and Public Rights of Way (Staff Contact: Michael Mutalipassi, City Attorney, 408-858-3040)
Received a report and directed the City Attorney to introduce an ordinance regarding the regulation of street vendors in parks and public rights of way consistent with the Council’s policy and SB 946.
C6. Consider Recommendations from Mayor Montano for Removal from City Commission, and Accept Commissioner Resignation (Contact: Mayor Montano, 408-586-3024) Approved the removal of Steven Huang as non-voting Student Commissioner from the Economic Development and Trade Commission; Accepted the resignation of Zeya Mohsin from the Planning Commission; and directed the City Clerk to post the notice of unscheduled vacancies.
C7. Review and Accept the 2023 Legislative Season Action Report, Including an Update on 2023 State and Federal Earmark Requests (Staff Contact: Matt Cano, Deputy City Manager, 408-586- 3012)
Reviewed and accepted the 2023 Legislative Season Action Report, including an update on 2023 State and Federal Earmark Requests.
C8. Authorize and Approve the Out-of-State Travel to Washington, D.C., for Mayor Carmen Montano to Attend the Forward Latino National Advocacy Day to be held on October 4 – 5, 2023, for an Estimated Total Not-to-Exceed Amount of $2,000 Budgeted Under the Individual Elected Official Allocation for Conferences/Meetings/Trainings (Staff Contact: Ned Thomas, Acting City Manager, 408-586-3059)
Authorized and approved the out-of-state travel to Washington, D.C., for Mayor Carmen Montano to attend the Forward Latino National Advocacy Day to be held on October 4 – 5, 2023, for an estimated total not-to-exceed amount of $2,000 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.
C9. Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 2001 Tarob Court Project by KB Home South Bay, Inc.; and Approve Budget Appropriation in the Amount of $180,000.00 to the Non- Departmental Operating Budget in the TASP Fund (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316) 10 Item # C2.
September 19, 2023 Milpitas City Council Minutes Page 4
Authorized the City Manager to execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 2001 Tarob Court Project by KB Home South Bay, Inc.; and approved a budget appropriation in the amount of $180,000.00 to the non-departmental operating budget in the TASP Fund.
C10. Approve and Authorize the City Manager to Execute the Improvement Agreement with Extra Shine Car Wash, Inc., for the Completion of Offsite Public Improvements Located at 554 South Main Street Associated with Site Development Permit (SD18-0010) and Conditional Use Permit (UA18-0020) (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Approved and authorized the City Manager to execute the Improvement Agreement with Extra Shine Car Wash, Inc., for the completion of offsite public improvements located at 554 South Main Street associated with Site Development Permit (SD18-0010) and Conditional Use Permit (UA18-0020).
C11. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and DREF Milpitas, LLC, for the Apple Inc. Site Improvement Project at 260 S. Milpitas Blvd. (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Approved and authorized the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and DREF Milpitas, LLC, for the Apple Inc.
Site Improvement Project at 260 S. Milpitas Blvd.
C12. Review and Approve the FY 2022-23 Fourth Quarter Financial Status Report, Fund Balances Thereof and Related Budget Amendments and Vehicle Purchase Order to Close-out the FY 2022-23 Budget and Authorize an Additional $100,000 Blanket Purchase Order to the National Auto Fleet Cooperative Agreement for Vehicle Carry-Forward (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
(1) Reviewed the FY 2022-23 Quarterly Financial Status Report for the quarter ending June 30, 2023 (unaudited); (2) Approved budget amendments; and (3) Authorized an additional $100,000.00 to the National Auto Fleet Cooperative Agreement blanket purchase order for vehicle carry-forward.
C13. Approve and Authorize the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Liebert Cassidy Whitmore for an Additional Agreement Amount of $200,000.00, Subject to the Annual Appropriation of Funds (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086)
Approved and authorized the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Liebert Cassidy Whitmore (“LCW”) for an additional agreement amount of $200,000.00, subject to the annual appropriation of funds.
C14. Adopt a Resolution Approving and Authorizing the City Manager to Execute an Agreement Amendment with Insight Public Sector, Inc. (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086)
Adopted Resolution No. 9273 approving and authorizing the City Manager to execute an agreement amendment with Insight Public Sector, Inc., with additional funding in the amount of $116,425.49, subject to the annual appropriation of funds, for a total agreement amount of $300,441.49.
C15. Approve an Amendment of the Master Services and Purchasing Agreement with Axon Enterprise, Inc., by Increasing the Total Not-to-Exceed Amount from $913,178.60 to 11 Item # C2.
September 19, 2023 Milpitas City Council Minutes Page 5
$1,026,887.82 Over the Five-Year Term (Staff Contact: Jared Hernandez, Chief of Police, 408-586- 2406; and Frank Morales, Assistant Chief of Police, 408-586-2521) Approved an amendment of the Master Services and Purchasing Agreement with Axon Enterprise, Inc., by increasing the total not-to-exceed amount from $913,178.60 to $1,026,887.82 over the five-year term.
C16. 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)
Received 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 determined by a four-fifths vote that the condition continues to constitute an emergency.
C17. Accept the FY 2022-23 Commissioners Annual Report for Six (6) Commissions and Approve Six (6) Commission Work Plans for FY 2023-24 (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Accepted the FY 2022-23 Commissioners Annual Report; and approved proposed FY 2023-24 Work Plans for: (a) Arts Commission (including two requested workplan additions detailed in the report); (b) Library and Education Commission; (c) Parks, Recreation and Cultural Resources Commission; (d) Senior Advisory Commission; (e) Veterans Commission; and (f) Youth Advisory Commission.
COMMUNITY DEVELOPMENT
18. Approve Proposed Project Locations Pertaining to Project No. 4299 Bicycle Improvement Project to be Funded by Caltrans 2022 Priority Legislative Budget Project (PLPB) Earmarks (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Acting Transportation and Traffic Manager, 408-586-3316)
Acting City Manager Thomas introduced the item. Deputy City Manager Cano and Acting Transportation and Traffic Manager Alonzo presented the report.
Council discussion ensued.
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to approve proposed project locations pertaining to Project No. 4299 Bicycle Improvement Project to be funded by Caltrans 2022 Priority Legislative Budget Project (PLPB) Earmarks.
Motion/Second: Councilmember Lien / Councilmember Barbadillo Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
ABSENT: None
12 Item # C2.
September 19, 2023 Milpitas City Council Minutes Page 6
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
19. Approve Historical Park Marker Project at Various City Parks and Appropriate Funds of $90,000 to CIP No. 3489 (Staff Contact: Tegan McLane, Community Engagement and Inclusion Administrator, 408-586-3212)
Acting City Manager Thomas introduced the item. Recreation and Community Services Director Lorentzen presented the report.
There were the following public speakers:
1. Voltaire Montemayor
Vice Mayor Chua asked to have the marker project reviewed by the Naming Subcommittee prior to creating the markers.
After discussion, motion: to approve the Historical Park Marker Project concept at Bob McGuire, Frederick Creighton, Peter B. Gill, Jose Higuera Adobe, Murphy, Sunnyhills Albert Augustine Jr.
Memorial, and Delano Manongs parks and appropriate $90,000.00 to Public Art CIP No. 3489.
Motion/Second: Vice Mayor Chua / Councilmember Phan
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
ABSENT: None
LEADERSHIP AND SUPPORT SERVICES
20. Provide Feedback Regarding Potential Amendments to Title V, Chapter 9, Section 4.05 of the Milpitas Municipal Code Related to Use of Noise-Amplifying Devices at Gill Park (Staff Contact:
Michael Mutalipassi, City Attorney, 408-858-3040)
City Attorney Mutalipassi presented the report.
There were the following public speakers:
1. Jennifer Ting
2. Albert
3. Voltaire Montemayor
Councilmember Barbadillo emphasized the importance of the respectful use of the park in consideration of the nearby neighbors and community.
City Attorney Mutalipassi noted that the ordinance would come back to the City Council.
ADJOURNMENT
Mayor Montano adjourned the meeting at 8:35 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
13 Item # C2.
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 9/29/2023
October 17, 2023 – Regular Meeting
CLOSED SESSION
Labor Relations
INVOCATION (Councilmember Phan)
PRESENTATION
Breast Cancer Awareness Month
Diwali
CONSENT CALENDAR
1. Receive City Council calendar for October and November 2023 (City Clerk)
2. Approve City Council Meeting minutes of October 3, 2023 (City Clerk)
3. Preview list of items for November 7, 2023 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Commission Appointments (City Clerk)
6. Commission Workplan and Accomplishments
7. Initial Acceptance - 355 Sango Ct. (Engineering)
8. Offsite Improvement Agreement - 540 S. Abel St. (Engineering)
9. ARPA Quarterly Report (Finance)
10. HDL Agreement for Sales Tax services (Finance)
11. Report on Emergency HVAC Repairs (Public Works)
12. Disposition of Fleet and Equipment (Public Works)
13. Proposed Joint Powers Agreement for the Cities Association of Santa Clara County (City Attorney)
PUBLIC HEARINGS
14. Variance for Single-Family Home at 1339 Terra Vista Court (Countryside Estates, Lot 1) (Planning)
COMMUNITY SERVICES
15. LWCF Grant (Recreation)
COMMUNITY DEVELOPMENT
16. Study Session: Housing Opportunity Districts (Planning)
LEADERSHIP AND SUPPORT SERVICES
17. Council Prioritization Quarterly Update (City Manager)
14 Item # C3.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Bring back Capital Projects that haven’t yet been
named for the Council to review and as an overview
of CIP Projects in the works Phan 9/19/2023
An update on this item will be provided at the
next City Council prioritization meeting
2 Have the Police Chief direct staff to complete an
analysis in partnership with the County to determine
if it would be beneficial to have a location where
residents can pickup Narcan Chua 9/5/2023
An update on this item will be provided at the
next City Council prioritization meeting
3 City Attorney to look at the policy for commissioners to release funds without the approval of the City
Council. If any commission is granting a waiver, it
must go through the City Council Chua 9/5/2023
An update on this item will be provided at the
next City Council prioritization meeting
4 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update on this item will be provided at the
next City Council prioritization meeting
5 Consider an art project for the City Hall lobby,
receive input from Arts Commission Montano 9/5/2023
An update on this item will be provided at the
next City Council prioritization meeting
6 Consider an amendment to the Affordable Housing
Ordinance to increase the below-market-rate (BMR)
requirement from 15% to 20% for all new residential
projects and explore flexibility in meeting the new
requirement Montano 9/5/2023
An update on this item will be provided at the
next City Council prioritization meeting
7 Provide the City Council with an informational
memorandum on lessons learned from the recent
fire on Maui and how the City can update its
emergency plan Chua 8/15/2023
This task is completed. The Fire Chief sent
an informational memo to the Mayor and City
Council on September 5, 2023.
8 Look into what would be needed to convert the
unused Teen Center space at the Sports Center to
an indoor pickleball court. Chua 8/8/2023
An update on this item will be provided at the
next City Council prioritization meeting
9 Consider a Safe Parking Program to find
businesses and churches that would allow the
unhoused to sleep in their cars and vans Montano 6/20/2023 An update on this item will be provided at the
next City Council prioritization meeting
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
10 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 June 2023 update: Staff is evaluating
synergies with existing Economic
Development activities and endeavors to
which recruiting efforts can be incorporated
and creates space for multiple events
throughout the year increasing overall
exposure to local talent
11 Satellite Consulate Office Montano 2/28/2023
An update on this item will be provided at the
next City Council prioritization meeting
12 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be provided at the
next City Council prioritization meeting
OPEN ITEMS
ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed15
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
ACTIVE ITEMS
13 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
June 2023 update: A Teen Center Survey
has been released and is currently gathering
responses. It is anticipated that data on the
use of the center and/or its programs relative
to it's proximity to home and/or school, and
the type of programming desired will provide
the input needed for the resolution to this
request. Discussed at February 2023
Quarterly City Council Workplan Items
Prioritization Discussion; Approved to move
forward during Prioritization Discussion on
2/7/23.
14 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
Staff conducted a survey of residents within
an 800 foot radius from Adobe Ave., asking
for feedback on potential recreational
improvements to the area. Notification was
sent via postcard to individual homes,
NextDoor, Facebook, and Instagram. The
survey was out for 3 weeks and 43 responses
were received. Of those received, 16
identified themselves as living in the Adobe
Ave/Vasona St. Neighborhood. The majority
of residents currently use Adobe Ave to walk
to school (Curtner Elementary) and as a
pedestrian trail for fitness. Survey takers
responded most favorably to turning the area
into a parklet with some benches and
greenery, followed by interest in a community
garden. Residents indicated some concern
over new uses of the area creating a noise
and loitering issue in the neighborhood.
Staff will present consolidate responses to
the Mayor and City Council to receive further
direction during the upcoming CIP budget
process.
15 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
June 2023 update: Staff was scheduled to
provide a report to the Economic
Development and Trade Commission on
June 12, 2023 however that meeting with
postoned due to lack of quorum. Staff will
present to the Commission in August 2023.
Further analysis on options and alternatives
to connect more local and local small City of
Milpitas businesses to our procurement
processes will continue through 2023.
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23
16 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022 Quarterly reports to City Council are ongoing.
NOTE: Deferred and Completed Items are not listed16
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
ACTIVE ITEMS
17 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
This request was approved as part of the
FY23-24 Budget. Staff will begin working with
the family in Fall 2023.
18 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 6/7/2022
Based on staff research, the best way to try
for a Historical District Designation is at the
National Level. This can be wrapped into the
approved CIP for the Historical Resources
Plan update or through grant consultant
California Consulting. Request will be
included with the Historic Resources Master
Plan project approved as part of the 2023-
2027 Capital Improvement Program.
19 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 June 2023 update: No change in status.
Prior updates: MMC V-13-140 Mandatory
Plan to Prevent Cart Removal includes
requirement for physical measures to prevent
cart removal however V-13-120 provides an
exemption for cart owner that agrees to enter
into a contract with a City-designated retrieval
service. Staff suggestion to Council is to
review this exemption and repeal it which
would require all cart owners to have physical
measures to prevent cart removal. Business
outreach was conducted to grocery store
operators in Q2 of 2022 to inquire about
shopping cart removal and theft. Grocery
stores contacted were Ocean Supermarket,
Seafood City Supermarket, Chung Chou City,
Milpitas Grocery Outlet, and 99 Ranch
Market.
20 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
June 2023 update: Security measures can
be mandated for new or renovating
development projects but cannot be
mandated for existing businesses. The Police
Department has taken action to partner with
existing businesses, including McCarthy
Ranch and the shopping center at Barber
Lane with regard to educaton and deterance,
including placement of signage and cameras.
21 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
Info Memos were sent to the City Council on
6/13/2022 and 1/27/2023. At the January 31st
budget study session, Council voted to move
to a contract model; Staff is in the middle of a
citywide traffic study, which includes school
aged pedestrian counts around schools in the
City including the McCandless and Montague
Expressway intersection.
22 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 No additional funds required to complete the
internal review. Internal review can be done
by late 2023. Approved during Spring
Quarterly City Council Workplan Items
Prioritization Discussion on 5/03/2022.
NOTE: Deferred and Completed Items are not listed17
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
ACTIVE ITEMS
23 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran 2/1/2022 At this time, staff has sufficient Council
approved resources to address the remaining
streetlight outages; however, will bring
relevant actions for Council consideration, if
needed.
24 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
Staff has identified a potential location oin
Great Mall Parkway and is solidifying the
workplan for installation.
25 Request for the City to make the temporary third-
party food deliver fee caps permanent and add
additional provisions for enforcement Phan 11/16/2021
June 2023 update: The City Attorney's Office
has prepared a confidential memorandum
regarding potential legal issues and
implementation of a food delivery cap. As
stated in that memorandum, should the
Council wish to move forward with a cap, the
next step will be to authorize the retention of
a consultant to determine if a factual basis
exists to support the need for a further food
delivery cap.
26 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
June 2023 update: The approved CC request
included to add Maria Lemery and Albert
Vogel to the Mural at the Senior Center. Staff
has spoken to the artist and confirmed that
additional images would not fit with the
existing piece. However, due to the location
of the current mural, additional mural panels
featuring additional people could be added to
the senior center entry way. Staff received
interest from Mayor Montano to add Joanne
Sousa to this request.
27 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
June 2023 update: The approved CC request
included to add Maria Lemery and Albert
Vogel to the Mural at the Senior Center. Staff
has spoken to the artist and confirmed that
additional images would not fit with the
existing piece. However, due to the location
of the current mural, additional mural panels
featuring additional people could be added to
the senior center entry way. Staff received
interest from Mayor Montano to add Joanne
Sousa to this request.
28 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua 4/6/2021
Staff is tracking this local business
participation item as part of Council Priority
Item 3 in Group 1 on this list; At 8/9/2021
Council meeting, Council voted that this item
may have to come back for additional
discussion because there may be some legal
considerations.
29 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021
June 2023 update: Request is being
included with the Historic Resources Master
Plan project approved as part of the 2023-
2027 Capital Improvement Program.
NOTE: Deferred and Completed Items are not listed18
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
ACTIVE ITEMS
30 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
June 2023 update: The City Attorney's Office
has prepared a confidential memorandum
regarding potential legal issues and
implementation of a food delivery cap. As
stated in that memorandum, should the
Council wish to move forward with a cap, the
next step will be to authorize the retention of
a consultant to determine if a factual basis
exists to support the need for a further food
delivery cap.
31 Consider Community Museum and Park on Main St. Phan 8/20/2019 to Rules Subcommittee 8/23/2019. Moved to
Specific Plan Community Conversation
events.
NOTE: Deferred and Completed Items are not listed19
Item # C4.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Recommendations for Appointments to City Commissions (Contact:
Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/3/2023
Recommendation: Receive recommendations and approve recommendations for appointments to the Community Advisory Commission and Energy and Environmental Sustainability Commission and direct the City Clerk to post the Notice of Unscheduled Vacancy.
Background:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas.
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.
Current Alternate Commissioners may seek to be promoted from alternate to full voting member, but promotion to a vacant seat is not automatic. Those Alternate Commissioners seeking promotion must contact the City Clerk and the Mayor to convey their request. Promotion must be recommended by the Mayor and confirmed by the City Council.
Promoting alternate commissioners to full voting member results in a vacancy on that commission. By state law, a Notice of an Unscheduled Vacancy must be posted by the City Clerk to advertise vacant Commission seats. Final appointment to the board, commission, or committee for the Unscheduled Vacancy shall not be made by the legislative body for at least ten working days after the posting of the notice in the Clerk’s office.
Analysis:
The following recommendations were made for appointment:
Community Advisory Commission:
1. Appoint Armilyn Quijano to an unexpired term ending January 2026.
Energy and Environmental Sustainability Commission:
1. Promote Frank Bush from alternate to full voting seat with an unexpired term ending October 2025.
2. Appoint Thelma Batilo to a term ending October 2026.
3. Appoint Lisa Oliver to an unexpired term ending October 2024.
All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.
Promoting Alternate Commissioner Frank Bush to full voting member results in a vacancy for the alternate position that must be advertised prior to the vacancy being filled. The Notice of the Unscheduled Vacancy for the Energy and Environmental Sustainability Commission will be posted Wednesday, October 4, 2023 on the City website and in the City Clerk’s Office.
20 Item # C5.
Fiscal Impact:
There is no fiscal impact associated with this item.
Recommendation:
Receive recommendations and approve recommendations for appointments to the Community Advisory Commission and Energy and Environmental Sustainability Commission and direct the City Clerk to post the Notice of Unscheduled Vacancy.
Attachments:
1. Applications for Appointments
21 Item # C5.
From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Friday, September 29, 2023 1:29:54 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Commission Applications
Commission /
Committee Applying
for:
Community Advisory Commission
First Name ARMILYN
Last Name QUIJANO
Address Type Residence
Address
City MILPITAS
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer
SELF EMPLOYED
Other Phone Field not completed.
Business Address
(Optional)
4701 PATRICK HENRY DR bldg 17
City SANTA CALRA
State California
Zip Code 95054
Occupation LIFE INSURANCE AGENT
Education: If Youth COLLEGE DEGREE
22 Item # C5.
Advisory Commission
applicant, indicate your
grade / school:
College, Professional,
Vocational, or other
schools attended
UC SANTA CRUZ EXTENSION - CLINICAL TRIALS DESIGN
AND MANAGEMENT
Major Subject MEDICAL TECHNOLOGY
Degree BACHELOR OF SCIENCE
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization MILPITAS EXECUTIVE LIONS
Member MEMBER
Name of Organization FIL AM CHAMBER OF COMMERCE
Member MEMBER
Name of Organization California Association of Lubang and Looc Member Member
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Field not completed.
Officer Field not completed.
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):
My educational background and leadership experience. I am also part of John Maxwell Leadership Coach and have been in the managerial position in my previous job. I have been pretty active in my voluntary works for MELC. And as an entrepreneur, servant leadership is important to me.
Upload a File Field not completed.
Date 9/29/2023
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
ARMILYN QUIJANO
23 Item # C5.
Name
Email not displaying correctly? View it in your browser. 24 Item # C5.
From: Frank Bush
To: Carmen Montano
Cc: Suzanne Guzzetta; Elaine Marshall
Subject: Becoming a full voting member on Energy and Environmental Sustainability Commission Date: Tuesday, June 6, 2023 2:38:00 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Hello Mayor Montano,
I’m currently Alternate #2 on EESC and would like to become a full voting member. I’ve been a resident of Milpitas for 28 years and an active member of several civic minded organization, including service on the board of Sunnyhills Neighborhood Association.
I’ve worked with the Planning Commission providing community input for several projects including Main Street, Metro, the ADU workshop and others. I’m currently working on the Milpitas Zoning Advisory Group committee.
Regards,
Frank
25 Item # C5.
From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Monday, September 18, 2023 11:17:13 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Commission Applications
Commission /
Committee Applying
for:
Energy and Environmental Sustainability Commission
First Name THELMA
Last Name BATILO
Address Type Residence
Address
City Milpitas
State CALIFORNIA
Zip Code 95035
Phone Number 1
Email Address
Present Employer
Retired
Other Phone
Business Address
(Optional)
Field not completed.
City Field not completed.
State Field not completed.
Zip Code Field not completed.
Occupation Field not completed.
Education: If Youth Field not completed.
26 Item # C5.
Advisory Commission
applicant, indicate your
grade / school:
College, Professional,
Vocational, or other
schools attended
Master's in Business Administration MBA, University of San Francisco
Bachelor's of Science in Chemical Engineering
Major Subject Field not completed.
Degree Field not completed.
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization Milpitas Executive Lions Club
Member Past District Governor, counties of Santa Clara, Santa Cruz, Monterey & San Benito
Name of Organization Field not completed.
Member Field not completed.
Name of Organization Field not completed.
Member Field not completed.
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Field not completed.
Officer Field not completed.
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):
Please see attached resume.
Upload a File
Date 9/18/2023
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true. 27 Item # C5.
Name THELMA R BATILO
Email not displaying correctly? View it in your browser. 28 Item # C5.
THELMA R. BATILO (408) 772-1432
SUMMARY
• Supply Chain Management professional with more than thirty years of experience in the areas of materials, purchasing, planning, logistics, commodity & contract manufacturing management and order fulfillment. • Managed vendor relations to ensure quality, cost reduction and customer satisfaction levels are met. • Assessed supplier capabilities and performance through direct visits and technical discussions. • Reported Supplier Performance, communicated and resolved quality issues with cross-functional teams. • Negotiated and formulated strategic contracts for high technology materials, equipment maintenance, assembly services, capital equipment, spare parts purchases and software license agreements. • Established, reengineered, implemented businesses processes like purchasing policies and procedures for RFQs, quote analyses, supplier awards, contract review process and disposal of surplus equipments . • Extensive knowledge of ERP and other Business Systems (Oracle, PeopleSoft, Avante, QAD/MfgPro, AskMan, AMAPS, Ariba, SAP and Agile). Working knowledge of Adobe, PowerPoint and other software.
EDUCATION AND PROFESSIONAL DEVELOPMENT
• Master of Business Administration MBA, University of San Francisco, San Francisco, CA (1989). • Bachelor of Science, Chemical Engineering, University of the Philippines, Quezon City (1981). • University of California Berkeley Extension: ASIC Design Methodology, Semiconductor Fabrication. • Institute for Supply Management (ISM-NAPM) Seminars: Applied Negotiation Techniques, Bargaining with Vendors & Suppliers, Supply Base Management, Purchasing Legal Essentials, Managing MRO Purchasing, MWBE Programs, ROHS, WEEE, SOX Compliance.
• American Production and Inventory Control Society (APICS) Classes and Certification: Master Planning, World Class Manufacturing, Total Quality Management TQM, Materials Requirements Planning (MRP), Manufacturing Resource Planning (MRPII), Enterprise Resource Planning (ERP), Just - In-Time (JIT).
PROFESSIONAL EXPERIENCE
Applied Materials, Inc., Santa Clara, CA 2014-2022 Materials Program Manager, Global Wafers Operations
Managed wafer supply and demand. Maintained successful Quarterly Physical Audit of $10M wafer inventory. Continued improvement by streamlining procedure of wafer collection & reclaim program.
Adecco Technical Staffing, San Jose, CA 2008-2014 Manpower, Inc., Fremont, CA
Bank of America Special Operations: Data Collection, Data Mining, Client Segmentation and Profiling.
U.S. Census 2010 Operations, San Jose, CA
Data Collection Analyst: Directly worked with clients, generated reports and analyzed data.
Best Resource Solutions, Milpitas, CA
Business and Team Development Manager. Worked in the areas of supplier and customer relations. Established and improved business processes.
Armor Domain, San Francisco, CA
International Supply Chain and Marketing Consultant. Continuous work in the areas of supplier and customer relations. Establish and maintain client relationships. Obtain quotes and process orders accordingly. Prepare project reports including cost reduction and performance against budget goals and timelines. Coordinate and managed supply chain processes.
Force10 Networks, Inc., San Jose, CA 2005-2008 Commodity Manager
Managed raw materials inventory, published and implemented procedures for Cycle Count which resulted in 100% Physical Inventory. Managed successful transition of Security Product Line for immediate build and revenue. Supported more than $120M revenue with various commodities such as optics, rectifiers, power supplies, DC-DC modules, connectors, sheet metal, chassis and other electromechanical components. Resolved Customer RMA issues, including Supplier Delivery and Quality Performance. Implemented contract with Flextronics to ensure that the terms were met, expectations and customer satisfaction levels were maintained.
Managed new vendor selection for new products and commodities as required by Engineering. Implemented major vendor software licensing agreement with Xilinx including royalty forecast for Financial Reporting.
Polycom, Inc., San Jose, CA 2003-2005 Commodity Manager
Managed various commodities to support more than $500M revenue operations. Negotiated over $500k savings on IT and PC-related purchases (Hardware, Cell Phone Programs, Wireless Data Devices and Software Licenses with VoiceAge, Mentor Graphics, Microsoft and HP), Marketing & Sales Agreements, Financial and Facilities Services. Streamlined invoice payment, MWBE Reporting and New Vendor processes. Directed RFQs & Supplier 29 Item # C5.
Award Justifications for PCs, Disaster Recovery Project and WW VoIP deployment. Ensured Sarbanes-Oxley Sox audit compliance.
Synaptics, Inc., San Jose, CA 2002-2003 Global Planner/Buyer
Managed overseas Contract Manufacturers (CMs) to meet Cost, Quality, Time to Market and Availability for all product lines that generated over $100 million annual revenue. Trained Hong Kong Team as part of Operations transition from U.S. to Hong Kong within a period of six months. • Monitored, reviewed and published Build Plan (Production, New Products and Engineering Releases) especially to Apple’s major product: iPod.
• Managed CMs to reduce manufacturing lead times resulting in reduced inventory exposure and quicker response time to changes in Sales Forecast and Customer Orders • Drove cost reduction programs, resulting in greater than 40% gross margins • Resolved quality issues at CMs, processed documentation for RMA and Board Rework/Scrap • Reconciled Consigned Inventory to meet accounting objectives.
Cisco Systems, Inc., San Jose, CA 2000-2002 Global Supply Commodity Specialist
Developed ASIC Commodity Strategy and competitive asset management. Collected, analyzed and reported data on risk and technical capabilities to influence business decisions with regards to leading edge technologies. • Achieved more than $50M savings/cost avoidance with projects up to $1B annual spend plan • Improved Business Unit project margins through continuous quarterly cost reductions • Launched and managed Cisco’s Global ASIC Database, Supplier’s IP Database and Technology Roadmap, ASIC Team’s shared files which included Suppliers’ Business Reviews • Served in the Semiconductor ISO Audit Team and Cisco’s Global Mentor Program • Drove and supported Design Teams to meet design milestones, average of 20 designs • Negotiated and implemented license agreements with IBM, LSI, TI and MIPS Technologies
Sun Microsystems, Inc., Sunnyvale, CA 1999-2000 Materials Program Manager
Managed supply chain for ASIC components (Fujitsu, LSI, Lucent, Shinko, TI) and OEM Boards programs (Celestica, Cycle, Mitac, Plexus). Implemented NPI Processes, Lifecycle, and product transitions. • Achievement Award for two new ASIC Programs (with Shinko, Japan and Mitac, Taiwan) • Managed as required - Escalations, Allocations, Supplier management and Customer Order Fulfillment activities to achieve revenue and customer satisfaction targets.
Toshiba America Electronic Components, Inc., Sunnyvale, CA 1994-1999 Senior Buyer
Managed implementation of purchasing programs for manufacturing (Fab, Assembly, Test) including Facilities, IT, Export/Import and Office Services. Led Procurement Team (5 people) in the absence of Purchasing Manager. • Directed purchasing team’s performance measurement projects (cycle time reduction, on -time delivery of goods, on-time invoice payments)
• Team Leader for successful implementation of Oracle Business System. Implemented reduction of supply base, Y2K compliance project, ISO9002 certification and ISO14001 (Environmental Management System).
Zilog, Inc., Campbell, CA 1993-1994 Senior New Products Planner
Managed NPI Programs, Lifecycle, Product Transitions, planned U.S. and Asia Fab and Assembly/Test to meet new products and MP Master Production schedules.
Boston Scientific, Inc., (Target Therapeutics) Fremont, CA 1992-1993 Materials Specialist
Supervised buyers, inventory control personnel and managed suppliers for cost -effective materials procurement.
Intel Corporation, Santa Clara, CA 1988-1992 Senior Planner/Buyer
Managed various U.S. and Asia subcontracting programs to supply ASICs for I/O boards, EISA Bus chipsets, OEM 386-based PC system boxes and other PC interface products. Managed Logic, ROM and SRAM/Flash Memory supply and consignment Programs for DRAM/Flash SIMMs assembly plant. Implemented cycle time and cost reduction, demand forecast modeling, production control and inventory management, order maintenance, shipping/logistics process. Resolved returns (RMA), failures (FCAR) and supplier issues.
Thelma R. Batilo (408) 772-1432 [email protected]
30 Item # C5.
From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Friday, June 30, 2023 9:55:37 AM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Commission Applications
Commission /
Committee Applying
for:
Energy and Environmental Sustainability Commission
First Name Lisa
Last Name Oliver
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer
Fremont Unified School District
Other Phone
Business Address
(Optional)
Field not completed.
City Field not completed.
State Field not completed.
Zip Code Field not completed.
Occupation science teacher
Education: If Youth State University of New York at Buffalo 31 Item # C5.
Advisory Commission
applicant, indicate your
grade / school:
College, Professional,
Vocational, or other
schools attended
Santa Clara University - MS
San Jose State University - teaching credentials
Major Subject Electrical Engineering
Degree Bachelor of Science
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization Citizens Climate Lobby - Silicon Valley East Member 2020 to present
Name of Organization Climate Reality Project - Silicon Valley Chapter Member 2021 to present
Name of Organization Silicon Valley Alliance Church
Member 2019 to present
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Field not completed.
Officer Field not completed.
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):
I became involved in the climate movement in 2019. It has been an intellectual and spiritual journey to understand why the United States delayed climate action for the past 40 years and how to influence decision-making and action at the grassroots and rooftops levels to accelerate the transition to clean energy. I wrote a Climate Resolution for my teachers' union, CTA, which records the climate crisis, outlines what we need to do as a nation to fight climate change, and asserts our common values of a livable planet for all. This resolution is my roadmap for climate activism.
Upload a File California Teachers Association - Resolution on a carbon fee and dividend - 07202022.pdf
Date 6/30/2023
By submitting this form, I confirm I have sufficient time to devote to this 32 Item # C5.
responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Name Lisa A Oliver
Email not displaying correctly? View it in your browser. 33 Item # C5.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing the Application to the Prohousing Designation Program (Staff Contact: Alex Andrade, Economic Development Director, 408- 586-3046; and Robert Musallam, 408-586-3275)
Category: Consent Calendar-Community Development
Meeting Date: 10/3/2023
Recommendation: Adopt a resolution authorizing the application to and participation in the Prohousing Designation Program.
BACKGROUND:
The Prohousing Designation Program was established by the California Department of Housing and Community Development (HCD) through the 2019-2020 Budget Act. The program provides an opportunity for cities and counties to apply to HCD to be designated as a “prohousing” City. This designation can allow the City to be more competitive in future housing related state grant programs and incentives. Applications are accepted on a rolling basis. Staff were encouraged to apply for this designation by the Housing Subcommittee and HCD during the Housing Element review process.
ANALYSIS:
The application has four categories: favorable zoning and land use, acceleration of housing production timeframes, reduction of construction and development costs, and providing financial subsidies. A jurisdiction must demonstrate that they have enacted or proposed at least one policy that significantly contributes to the Acceleration of Housing Production in each of the four categories. To receive a designation, a jurisdiction must have a total of 30 points or more, across all four categories.
Staff from Housing, Planning, and Building and Safety reviewed the categories and have determined that the City of Milpitas meets the threshold. City staff believe the threshold requirements, listed on page 6 of the application (Attachment 1), have been met except for a Resolution. City staff recommend City Council adopt a Formal Resolution (Attachment 2) authorizing staff to submit a Prohousing Designation application to HCD.
Note, the Formal Resolution requires the City of Milpitas to acknowledge and agree that it shall be subject to the application, the terms and conditions specified in the program documents, the program regulations, and all other applicable laws.
FISCAL IMPACT:
There is no fiscal impact to note at this time.
California Environmental Quality Act (CEQA):
The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.
RECOMMENDATION:
Adopt a resolution authorizing the application to and participation in the Prohousing Designation Program.
Attachment(s):
1. Prohousing Designation Application
2. Prohousing Designation Resolution
34 Item # C6.
Prohousing Designation Program Application
State of California
Governor Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
2020 West El Camino, Suite 500
Sacramento, CA 95833
Website: https://www.hcd.ca.gov/community-development/prohousing Email: [email protected]
July 2021
35 Item # C6.
Prohousing Designation Program Application Package
Instructions
The applicant is applying for a Prohousing De signation under the Prohousing Designation Program (“Prohousing” or “Program”), which is administered by the Department of Housing and Community Development (“Department”) pursuant to Government Code section 65589.9.
The Program creates incentives for Jurisdiction s that are compliant with Housing Element requirements and that have enacted Prohousing Policies. These incentives will take the form of additional points or other preference in the scori ng of applications for competitive housing and infrastructure programs. The administrators of ea ch such program will determine the value and form of the preference.
In order to be considered for a Prohousing Des ignation, the applicant must accurately complete all sections of this application, including an y relevant appendices. The Department reserves the right to request additional clarifying information from the applicant.
This application is subject to Government Code section 65589.9, and to the regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) adopted by the Department in promulgation thereof (“Regulations”).
All capitalized terms in this application shall hav e the meanings set forth in Section 6601 of the Regulations.
All applicants must submit a complete, signed application package to the Department, in electronic format, in order to be considered for a Prohousing Designation. Please direct electronic copies of the completed application package to the following email address:
A complete application will include all items identified in the Application Checklist.
In relation to Appendix 1, the Formal Resolution for the Prohousing Designation Program, please use strikethrough and underline if proposing any modifications to the text of the Resolution.
Appendix 2, the Proposed Policy Completion Schedule, applies only if an application includes proposed policies.
Appendix 3, Project Proposal Scoring Sheet and Sample Project Proposal Scoring Sheet, includes a blank template to be completed by the applicant as part of the application, as well as a Sample Project Proposal Scoring Sheet with an example of how this template may be completed.
Appendix 4 lists examples of Prohousing Policies with enhancement factors to aid applicants in understanding how enhancement factors may be applied.
Appendix 5 is where the applicant will include any additional information and supporting documentation for the application.
If you have questions regarding this application or the Program, or if you require technical assistance in preparing this application, please email [email protected]. 36 Item # C6.
Application Checklist
Yes No
Application Information ܈ ܆
Certification and Acknowledgement ܆ ܆
The Legislative Information form is completed. ܈ ܆
The Threshold Requirements Checklist is completed. ܆ ܆ A duly adopted and certified Formal Resolution for the Prohousing Designation Program is included in the application package. (See Appendix 1 for the Formal Resolution for the Prohousing Designation Program (New 04/21) form.)
܆ ܆
If applicable, the Proposed Policy Completion Schedule is completed. (See Appendix 2.)
܈ ܆
The Project Proposal Scoring Sheet is completed. (See Appendix 3 for the Project Proposal Scoring Sheet and the Sample Project Proposal Scoring Sheet)
܈ ܆
Additional information and supporting documentation (Applicant to provide as Appendix 5)
܈ ܆
Application Information
Applicant (Jurisdiction): City of Milpitas
Applicant Mailing Address: 455 E. Calaveras Blvd. Milpitas, CA 95035 City: Milpitas
ZIP Code: 95035
Website: Welcome to the Housing Division – City of
Milpitas
Authorized Representative Name Ned Thomas
Authorized Representative Title: Acting City Manager
Phone: (408) 586-3059
Email: [email protected]
Contact Person Name: Robert Musallam
Contact Person Title: Housing and Neighborhood Services Administrator
Phone: (408) 586-3275
Email: [email protected]
Proposed Total Score (Based on
Appendix 3):
50 37
Item # C6.
CERTIFICATION AND ACKNOWLEDGMENT
As authorized by the Formal Resolution for the Prohousing Designation Program (Resolution No. ), which is attached hereto and incorp orated by reference as if set forth in full, I hereby submit this full and complete application on behalf of the applicant.
I certify that all information and representations set forth in this application are true and correct.
I further certify that any proposed Prohousing Policy identified herein will be enacted within two (2) years of the date of this application submittal.
I acknowledge that this application constitutes a public record under the California Public Records Act (Gov. Code, § 6250 et seq.) and is therefore subject to public disclosure by the Department.
Signature: __________________________________________
Name and Title: ______________________________________
Date: _______________________________________________
38 Item # C6.
Legislative Information
District Number Legislator’s Name
Federal
Congressional
District
17 Congressman Ro Khanna
State
Assembly
District
24 Assemblymember Alex Lee
State
Senate
District
10 Senator Aisha Wahab
Applicants can find their respective State Senate representatives at https://www.senate.ca.gov/, and their respective State Assembly representatives at https://www.assembly.ca.gov/
39 Item # C6.
Threshold Requirements Checklist
The applicant meets the following threshold requirements in accordance with Section 6604 of the Regulations:
Yes No
The applicant is a Jurisdiction. ܈ ܆
The applicant has adopted a Compliant Housing Element. ܈ ܆ The applicant has submitted or will submit a legally sufficient Annual Progress Report prior to designation.
܈ ܆
The applicant has completed, on or before the relevant statutory deadlines, any rezone program or zoning that is necessary to remain in compliance with Government Code section 65583, subdivision (c)(1). ܈ ܆
The applicant is in compliance, at the time of the application, with applicable state housing law, including, but not limited to, Housing Element Law; “No Net Loss” Law (Gov. Code, § 65863); the Housing Accountability Act (Gov. Code, § 65589.5); State Density Bonus Law (Gov. Code, § 65915 et seq.); laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.); Least Cost Zoning Law (Gov. Code, § 65913.1); the Housing Crisis Act of 2019 (Stats. 2019, ch. 654); and antidiscrimination law (Gov. Code, § 65008).
܈ ܆
The applicant has duly adopted and certified a Formal Resolution for the Prohousing Designation Program, which is hereby incorporated by reference. (A true and correct copy of the resolution is included in this application package.)
܆ ܆
40 Item # C6.
Project Proposal
Category 1: Favorable Zoning and Land Use
Category Prohousing Policy Description Points
1A Sufficient sites, including rezoning, to accommodate 150 percent or greater of the current or draft RHNA, whichever is greater, by total or income category.
3 1B Permitting missing middle housing uses (e.g., duplexes, triplexes, and fourplexes) by right in existing low-density, single-family residential zones.
3 1C Sufficient sites, including rezoning, to accommodate 125 to 149 percent of the current or draft RHNA, whichever is greater, by total or income category. These points shall not be awarded if the applicant earns three points pursuant to Category (1)(A) above.
2 1D Density bonus programs which exceed statutory requirements by 10 percent or more.
2 1E Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit law (e.g., permitting more than one ADU or JADU per single
-family lot).
These policies shall be separate from any qualifying policies under Category (1)(B) above.
2 1F Reducing or eliminating parking requirements for residential development as authorized by Government Code sections 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Government Code section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to Government Code section 65915, subdivision (p).
2 1G Zoning to allow for residential or mixed uses in one or more non- residential zones (e.g., commercial, light industrial). Qualifying non- residential zones do not include open space or substantially similar zones.
1 1H Modification of development standards and other applicable zoning provisions to promote greater development intensity. Potential areas of focus include floor area ratio; height limits; minimum lot or unit sizes; setbacks; and allowable dwelling units per acre. These policies must be separate from any qualifying policies under Category (1)(B) above. 1 1I Establishment of a Workforce Housing Opportunity Zone, as defined in Government Code section 65620, or a housing sustainability district, as defined in Government Code section 66200.
1 1J Demonstrating other zoning and land use actions that measurably support the Acceleration of Housing Production.
1 41
Item # C6.
Project Proposal
Category 2: Acceleration of Housing Production Timeframes
Category Prohousing Policy Description Points
2A Establishment of ministerial approval processes for a variety of housing types, including single-family and multifamily housing. 3 2B Establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents.
2 2C Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law (Pub. Resources Code, §§ 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, § 65457; Cal Code Regs., tit. 14, §§ 15303, 15332; Pub. Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28).
2 2D Establishment of permit processes that take less than four months.
Policies under this Category (2)(D) must address all approvals necessary to issue building permits.
2 2E Absence or elimination of public hearings for projects consistent with zoning and the general plan.
2 2F Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan. 1 2G Absence, elimination or replacement of subjective development and design standards with objective development and design standards that simplify zoning clearance and improve approval certainty and timing.
1 2H Establishment of one-stop-shop permitting processes or a single point of contact where entitlements are coordinated across city approval functions (e.g., planning, public works, building) from entitlement application to certificate of occupancy.
1 2I Priority permit processing or reduced plan check times for ADUs/JADUs, multifamily housing, or homes affordable to lower- or moderate-income households.
1 2J Establishment of a standardized application form for all entitlement applications.
1 2K Practice of publicly posting status updates on project permit approvals on the Internet.
1 2L Limitation on the total number of hearings for any project to three or fewer. Applicants that accrue points pursuant to Category (2)(E) are not eligible for points under this Category (2)(L).
1 2M Demonstration of other actions, not listed above, that quantifiably decrease production timeframes or promote the streamlining of approval processes.
1 42
Item # C6.
Project Proposal
Category 3: Reduction of Construction and Development Costs
Category Prohousing Policy Description Points
3A Waiver or significant reduction of development impact fees for residential development.
3 3B Adoption of ordinances or implementation of other mechanisms that result in less restrictive requirements than Government Code sections 65852.2 and 65852.22 to reduce barriers for property owners to create ADUs/JADUs. Examples of qualifying policies include, but are not limited to, development standards improvements, permit processing improvements, dedicated ADU/JADU staff, technical assistance programs, and pre-approved ADU/JADU design packages.
2 3C Adoption of other fee reduction strategies separate from Category (3)(A) above, including fee deferrals and reduced fees for housing for persons with special needs.
1 3D Promoting innovative housing types (e.g., manufactured homes, recreational vehicles, park models) that reduce development costs. 1 3E Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand sidewalks or protect bike/micro-mobility lanes; creation of on-street parking for bikes; transit- related improvements; or establishment of carshare programs. 1 3F Adoption of universal design ordinances pursuant to Health and Safety Code section 17959.
1 3G Establishment of pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in low-density, single-family residential areas.
1 3H Demonstration of other actions, not listed above, that quantifiably reduce construction or development costs.
1 43
Item # C6.
Project Proposal
Category 4: Providing Financial Subsidies
Category Prohousing Policy Description Points
4A Establishment of local housing trust funds or collaboration on a regional housing trust fund.
2 4B Provide grants or low-interest loans for ADU/JADU construction affordable to lower- and moderate-income households.
2 4C A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to lower income households. A qualifying program may utilize mechanisms such as land donations, land sales with significant write-downs, or below-market land leases.
2 4D Establishment of an Enhanced Infrastructure Financing District or similar local financing tool that, to the extent feasible, directly supports housing developments in an area where at least 20 percent of the residences will be affordable to lower income households. 2 4E Directed residual redevelopment funds to affordable housing. 1 4F Development and regular (at least biennial) use of a housing subsidy pool, local or regional trust fund, or other similar funding source. 1 4G Prioritization of local general funds for affordable housing. 1 4H Demonstration of other actions, not listed above, that quantifiably promote, develop, or leverage financial resources for housing. 1 44
Item # C6.
Project Proposal
Enhancement Factors
The Department shall utilize enhancement factors to increase the point scores of Prohousing Policies. Each Prohousing Policy will receive extra points for enhancement factors in accordance with the chart below.
Category Prohousing Policy Description Points
1 Policy that represents one element of a unified, multi-faceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, affordable housing, climate change solutions, and/or hazard mitigation.
2 2 Policies that promote development consistent with the state planning priorities pursuant to Government Code section 65041.1. 1 3 Policies that diversify planning and target community and economic development investments (housing and non-housing) to improve lower opportunity areas. Such areas include, but are not limited to, Low Resource and High Segregation & Poverty areas designated in the most recently updated TCAC/HCD Opportunity Maps, and
disadvantaged communities pursuant to California Senate Bill 535 (2012).
1 4 Policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households. 1 5 Rezoning and other policies that support high-density development in Location Efficient Communities.
1 6 Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating development impacts on or from Environmentally Sensitive or Hazardous Areas.
1 7 Zoning policies that increase housing choices and affordability in High Resource and Highest Resource areas, as designated in the most recently updated TCAC/HCD Opportunity Maps.
1 8 Other policies that involve meaningful actions towards affirmatively furthering fair housing pursuant to Government Code section 8899.50, including, but not limited to, outreach campaigns, updated zoning codes, and expanded access to financing support.
1 45
Item # C6.
Project Proposal Scoring Sheet Instructions
The Department shall validate applicants’ scores based on the extent to which each identified Prohousing Policy contributes to the Acceleration of Housing Production. The Department shall assess applicants’ Prohousing Policies in accordance with Government Code section 65589.9, subdivision (f)(2), and Sections 6605 and 6606 of the Regulations.
The Department shall further assess applicants’ Prohousing Policies using the following four scoring categories: Favorable Zoning and Land Use; Acceleration of Housing Production Timeframes; Reduction of Construction and Development Costs; and Providing Financial Subsidies. Applicants shall demonstrate that they have enacted or proposed at least one policy that significantly contributes to the Acceleration of Housing Production in each of the four categories. A Prohousing Designation requires a total score of 30 points or more across all four categories.
Instructions
Please utilize one row of the Scoring Sheet for each Prohousing Policy.
x Category Number: Select the relevant category number from the relevant Project Proposal list in this application. Where appropriate, applicants may utilize a category number more than once. x Concise Written Description of Prohousing Policy: Set forth a brief description of the enacted or proposed Prohousing Policy.
x Enacted or Proposed: Identify the Prohousing Policy as enacted or proposed. For proposed Prohousing Policies, please complete Appendix 2: Proposed Policy Completion Schedule. x Documentation Type: For enacted Prohousing Policies, identify the relevant documentary evidence (e.g., resolution, zoning code provisions). For proposed Prohousing Policies, identify the documentation which shows that implementation of the policy is pending.
x Web Links/Electronic Copies: Insert the Web link(s) to the relevant documentation or indicate that electronic copies of the documentation have been attached to this application as Appendix 5. x Points: Enter the appropriate number of points using the relevant Project Proposal list in this application. x Enhancement Category Number (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the appropriate category number using the relevant Project Proposal list in this application. x Enhancement Points (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the point(s) for that Prohousing Policy.
x Total Points: Add the enhancement point(s) to the Prohousing Policy’s general point score.
46 Item # C6.
Formal Resolution for the Prohousing Designation Program (New 04/21)
Appendix 1: Formal Resolution for the Prohousing Designation Program
Formal Resolution for the Prohousing Designation Program (New 04/21)
RESOLUTION NO. [INSERT RESOLUTION NUMBER]
A RESOLUTION OF THE GOVERNING BODY OF
[INSERT THE NAME OF THE CITY OR COUNTY]
AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING
DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the [INSERT THE NAME OF THE CITY OR COUNTY] (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).
THEREFORE, IT IS RESOLVED THAT:
1. Applicant is hereby authorized and directed to submit an Application to the Department.
2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.
3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.
Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or
47 Item # C6.
Formal Resolution for the Prohousing Designation Program (New 04/21)
4. permit procedures. Applicant further acknowl edges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.
5. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).
6. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.
7. [INSERT THE TITLE OF THE APPLICANT’S AUTHORIZED SIGNATORY] is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
PASSED AND ADOPTED this ____ day of ________, 20__, by the following vote:
AYES: [Insert #] NOES: [Insert #] ABSENT: [Insert #] ABSTAIN: [Insert #]
The undersigned, [INSERT NAME AND TITLE OF NONSIGNATORY] of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above- mentioned, and that the resolution has not been altered, amended, or repealed.
SIGNATURE: _____________________ DATE: _____________________
NAME: __________________________ TITLE: _____________________
48 Item # C6.
Appendix 2: Proposed Policy Completion Schedule
Category
Number
Concise Written Description of
Proposed Policy
Key Milestones and
Milestone Dates
Anticipated
Completion
Date
Notes
1G
Establishing Neighborhood Commercial Mixed-
Use Zoning District to allow residential and
mixed-use developments in commercial
shopping centers
Draft zoning districts in
August 2023 Nov-23
1H
Preparing Gateway-Main St. Specific Plan to
increase maximum densities and heights and
modify other development standards to allow for
higher inten
sity multifamily residential
developments
Draft plan in August 2023 Feb-24
1J
Housing Opportunity Zones to provide zoning
and financial incentives to facilitate market-rate
and affordable housing production
Draft incentives in August
2023 Nov-23
49 Item # C6.
Appendix 3: Project Proposal Scoring Sheet and Sample Project Proposal Scoring Sheet
Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points
Enhancement
Category
Number
Enhancement
Points Total Points
1A
2023-2031 Housing
Element sites inventory
accommodates greater
than 150% of
remaining RHNA by
total and moderate and
above-moderate
income categories
E Policy document
2023-2031
Housing
Element
3 7 1 4
1B
Adopted SB 9
Ordinance to allow for
urban lot splits and
two-unit projects in
single-family
residential zones by-
right
E Resolution and
ordinance
SB 9
resolution and
ordinance
3 7 1 4
1G
Establishing
Neighborhood
Commercial Mixed-Use
Zoning District to allow
residential and mixed-
use developments in
commercial shopping
centers
P Staff report
Staff report
attached in
Appendix 5
1 1 2 3
50 Item # C6.
1H
Preparing Gateway-
Main St. Specific Plan
to increase maximum
densities and heights
and modify other
development standards
to allow for higher
intensity multifamily
residential
developments
P Webpage
Gateway-
Main St.
Specific Plan
1 1 2 3
1J
Housing Opportunity
Zones to provide
zoning and financial
incentives to facilitate
market-rate and
affordable housing
production
P Staff report
Staff report
attached in
Appendix 5
1 7 1 2
2A
Ministerial approval for
multifamily residential
projects in compliance
with Objective Design
Standards
E Policy document
Residential
and Mixed-
Use Objective
Design
Standards
3 7 1 4
2B
Adopted 2040 General
Plan and Metro Specific
Plan and certified
associated program-
level EIRs
E CEQA documents
2040 General
Plan
(https://www.
milpitas.gov/p
lanningdepart
ment/commu
nity-and-
citywide-
plans/general-
plan/) and
Metro Specific
Plan and EIR
(https://www.
milpitas.gov/p
2 1 2 4
51 Item # C6.
lanningdepart
ment/metro/)
2C
Residential
development
permitted by-right in
residential zones and
staff regularly utilizes
CEQA categorical
exemptions
E Zoning Ordinance and
CEQA document
Milpitas
Zoning
Ordinance
(https://librar
y.municode.co
m/ca/milpitas
/codes/code_
of_ordinances
?nodeId=TITXI
ZOPLAN_CH10
ZO) and Class
32 exemption
memo
attached in
Appendix 5
2 7 1 3
2D
All
administrative/minister
ial planning permits
can be approved within
1-2 months and some
discretionary permits
requiring a public
hearing can be
E Approval letter
Approval
letter
attached in
Appendix 5
2 7 1 3
52 Item # C6.
approved within 3-4
months
2G
Milpitas Residential
and Mixed-Use
Objective Design
Standards with
ministerial approval
process, which apply
citywide and supersede
all existing subjective
design standards
E Policy document
Residential
and Mixed-
Use Objective
Design
Standards
1 1 2 3
2J
Universal Planning
Application for all
planning applications
E Permit application
Universal
Planning
Application
attached in
Appendix 5
1 1
2K
Development project
pipeline on Planning
webpage
E Webpage
Development
Project
Pipeline
1 1
2M
Educational resources
(Development Review
Handbook and ADU
Toolkit) and web-based
tools (Symbium Build)
improve applicant
participation and
decrease permitting
timelines
E Webpages
Development
Review
Handbook and
ADU Toolkit
attached in
Appendix 5;
Symbium
Build
(https://build.
symbium.com
/business/mil
pitas)
1 7 1 2
53 Item # C6.
3B
ADU Mondays with
dedicated staff provide
technical assistance;
the Safe ADU
Legalization Program
improves permit
processing and
provides technical
assistance
E web pages
Safe ADU
Legalization
Program
https://www.
milpitas.gov/3
10/Accessory-
Dwelling-
Units-ADUs
2 3C
The American Rescue
Plan Act provides
funding for subsidizing
all permit fees for ADU
and JADUs
E web pages
https://www.
milpitas.gov/1
89/ADU-
Incentive-
Program
1 3D
Provide expedited plan
review for BMR
modular construction
projects
E web pages One-Stop
Permit Center
1 3E
Trail, Pedestrian and
Bicycle Master Plan
provides policies and
funding mechanisms
for improved
pedestrian/bicycle
facilities; Milpitas
SMART is a micro-
transit program that
provides
affordable/convenient
first/last-mile
connections to public
transit
E Policy document
Trail,
Pedestrian
and Bicycle
Master Plan
1 54
Item # C6.
4C
Former
Redevelopment Agency
housing asset that was
transferred to City of
Milpitas Housing
Authority. Land was
sold with significant
write-down to build
multi-family affordable
housing
E
First Amendment and
Restated Disposition
and Development
Agreement
Appendix 5 2 1 2 4
4F
The City has been
allocated grants from
the State for multiple
subsidy pools, such as
the development of a
workforce housing
rental assistance
program and the
conversion of motel
units into permanent
supportive housing
with supportive
services.
E/P
Resolution with
Exhibit +, Regulatory
Agreement
Appendix 5 1 1 2 3
4G
City purchase
affordability covenant
from housing
development for $1.25
M
E Affordability Covenant Appedix 5 1 1 2 3
55 Item # C6.
4H
The City has been
allocated a number of
state and federal
grants to develop
affordable housing,
issue rent and
mortgage relief, and
create a workforce
housing rental
assistance program.
E/P
Resolution with
Exhibit +, Regulatory
Agreement,
Affordability
Covenants and
Restrictions Affecting
Real Property
Appendix
5;Rent and
Mortgage
Relief
Program
1 1 2 3
Sample Project Proposal Scoring Sheet
Note: This is a Sample Project Proposal Scoring Sheet; an actual submission may include more specificity when an applicant completes the “Concise Written Description of Prohousing Policy.”
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
1B Permitted missing
middle housing uses by
allowing duplexes, and
triplexes by right in
existing low-density,
single-family residential
zones.
E Zoning code Electronic
copy attached
3 6 1 4
1C Sufficient sites to
accommodate 131
percent of the current
RHNA with rezoning by
total or income
category.
P Resolution Electronic
copy attached
2 1 2 4
56 Item # C6.
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
1D Density bonus program
exceeds statutory
requirements by 12
percent.
E Zoning code Electronic
copy attached
2 2
1F Reduced parking
requirements for
residential development
as authorized by
Government Code
sections 65852.2.
E Zoning code Electronic
copy attached
2 2
1G Zoning that allows
mixed uses in one or
more light industrial
zones.
E Zoning code Electronic
copy attached
1 1 2 3
1H Modified development
standards/other
applicable zoning
provisions to promote
greater development
intensity
including floor
area ratio and minimum
lot or unit sizes.
E Zoning code Electronic
copy attached
1 1 2 3
1J Other zoning and land
use actions that
measurably support the
Acceleration of Housing
Production.
P Resolution Electronic
copy attached
1 1
2B Streamlined program-
level CEQA analysis
and certification of
general plans,
community plans,
specific plans with
accompanying
E Zoning code Electronic
copy attached
2 2
57 Item # C6.
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
Environmental Impact
Reports (EIR), and
related documents.
2G Absence of subjective
development and
design standards with
objective development
and design standards.
E Zoning code Electronic
copy attached
1 1
2I Priority permit
processing or reduced
plan check times for
ADUs/JADUs.
P Resolution Electronic
copy attached
1 1 2 3
2M Other actions that
quantifiably decrease
production timeframes.
E Zoning code Electronic
copy attached
1 1
3A Waiver of residential
development impact
fees.
E Zoning code Electronic
copy attached
3 3
3B Adopted ordinances
that result in less
restrictive requirements
than Government Code
sections 65852.2 and
65852.22.
P Resolution Electronic
copy attached
2 1 2 4
3E Measures that reduce
costs for transportation-
related infrastructure.
E Zoning code Electronic
copy attached
1 1
3H Other actions that
quantifiably reduce
construction or
development costs.
E Zoning code Electronic
copy attached
1 1
4A Local housing trust
funds.
E Zoning code Electronic
copy attached
2 2
58 Item # C6.
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted
or
Proposed
Documentation Type
(e.g., resolution,
zoning code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
4C Surplus Land Act
program making
publicly owned land
available for affordable
housing.
E Zoning code Electronic
copy attached
2 2 1 3
4E Directed residual
redevelopment funds to
affordable housing.
E Zoning code 1 1
4G Prioritization of local
general funds for
affordable housing.
E Zoning code 1 1
4H Other actions, that
leverage financial
resources for housing.
E Zoning code 1 1
TOTAL 31 12 43
59 Item # C6.
Appendix 4: Examples of Prohousing Policies with Enhancement Factors
If a Prohousing Policy incorporates any of the enhancement factors specified in the Project Proposal Enhancement Factors chart, it will receive extra points as indicated therein.
Examples of such qualifying Prohousing Policies include the following:
Category 1: Favorable Zoning and Land Use
x Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in Location Efficient Communities
x Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
x Rezoning to accommodate 125 to 149 percent of the Regional Housing Needs Allocation in downtown commercial corridors or other infill locations. x Expanding density bonus programs to exceed statutory requirements by 10 percent or more in Location Efficient Communities.
x Reducing or eliminating parking requirements for residential development as authorized by Government Code section 65852.2 in Location Efficient Communities. x Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit law in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
x Modification of development standards a nd other applicable zoning provisions to promote greater development intensity in downtown commercial corridors or other infill locations.
x Coupling rezoning actions with policies that go beyond state law requirements in reducing displacement of lower income households and conserving existing housing stock that is affordable to lower income households.
Category 2: Acceleration of Housing Production Timeframes
x Ministerial approval processes for multifam ily housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
x Streamlined, program-level CEQA analysis and certification of specific plans in Location Efficient Communities.
x Documented practice of streamlining hous ing development at the project level in downtown commercial corridors and other infill locations. x Expedited permit processing for housing affordable to lower income households in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
Category 3: Reduction of Construction and Development Costs
x Fee waivers for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). 60 Item # C6.
x Fee waivers or reductions for higher density housing in downtown commercial corridors or other infill locations.
x Measures that reduce costs and leverage financial resources for transportation-related infrastructure or programs in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). x Adoption of universal design ordinances to increase housing choices and affordability for persons with disabilities in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). x Permitting innovative housing types, such as manufactured homes, recreational vehicles or park models, in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
Category 4: Providing Financial Subsidies
x Targeting local housing trust funds to acquisit ion or rehabilitation of existing affordable units, or to affordable units at risk of converting to market rate uses, in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
x Marketing grants and other financial produc ts for ADUs/JADUs in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
x Utilizing publicly owned land for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
x Establishment of an Enhanced Infrastructure Financing District or similar local financing tool in a Low Resource or High Segregation & Poverty area (as designated in the most recently updated TCAC/HCD Opportunity Maps). x Directing residual redevelopment funds or general funds to conservation or preservation of affordable housing in areas at high risk of displacement.
61 Item # C6.
Appendix 5: Additional Information and Supporting Documentation
62 Item # C6.
October 6, 2022
9 ATTACHMENT A
RESO NO. 22-020
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF MILPITAS, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT NO.
SD22-0009 TO ALLLOW THE DEMOLITION OF AN EXISTING ONE-STORY SINGLE FAMILY RESIDDENCE AND DEVELOP AN APPROXIMATELY 2,647 SQUARE-FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE WITH A 472-SQUARE FOOT ATTACHED GARAGE ON A 0.10 ACRE PARCEL AT 193 SILVERA STREET
(APN 022-21-032)
WHEREAS, On August 22, 2022, Barzin Keyhankkhadiv (“Applicant”) on behalf of Vijayakrishna Nadimpalli submitted a Site Development (“SD”) permit application to replace an existing single-story residence with a new two-story, single-family residence (“Project”) on a 0.10 acre lot located at 193 Silvera Street (APN 022-21-032);
WHEREAS, the property (APN 022-21-032) is located within the Single-Family Residential (R1-6) (C2) zoning district with a Site and Architectural Overlay (-S);
WHEREAS, the Planning Division completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Zoning Administrator determine this project is categorically exempt; and
WHEREAS, on October 13, 2022, the Zoning Administrator held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties.
NOW THEREFORE, the Zoning Administrator of the City of Milpitas hereby finds, determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by reference.
Section 2: The project is categorically exempt from further environmental review under the California Environment al Quality Act (CEQA) pu rsuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Smaller Structures), Section 15332 (In-Fill Development Projects) and; as a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). As proposed, the project includes the development of a single-family residence in a residential zone, consistent with the general plan and zoning standards, located within city limits on a site with no value to habitat for endangered species, and adequately served by all utilities.
Section 3: The Milpitas Municipal Code (MMC) requires approval of a Site Development Permit (SDP) for new main buildings (MMC Section XI-10-57.03 (C)(1)(a)).
Category - 1G
63 Item # C6.
October 6, 2022
10 In order to approve an SDP, the Zoning Adminis trator must make the following findings, per Municipal Code Section XI-10-57.03(G):
a) The development recognizes and respec ts the nature of the neighborhood and site, development patterns, materials used, and the expectations of those who will see and use the building;
The development recognizes and respect the nature of the neighborhood and site by designing a single-family residence within a single-family residential district. The proposed residence will be in the center of the lot where the current single-family residence is placed, to limit the amount of new land area required and minimize grading. The traditional design integrates into a neighborhood because the mass is controlled with simple lines, appropriate setbacks, and standard residential materials, such as composition shingle roofing, stucco exterior walls, and metal clad windows. The earth tone colors allow the new residence to blend in with the neighbori ng residences. Lastly, the hip roof design mimics other two-story residences (i.e. 245 Silvera St.) in the immediate area.
b) The development assures that modifications satisfy functional requirements, and are screened with appropriate compatible materials; and
The The proposed residence satisfies functional requirements because the owners requires more space to grow their family while remaining in Milpitas. The proposed modifications are consistent with the development standards required for the zoning district as demonstrated in the following table.
Table 1: R1-6 Development Standards
Standards Required Existing /
Proposed Complies
Lot Area,
Minimum 6,000 square feet 6,432 square
feet Yes
Lot Width,
Minimum 55 feet 65 feet Yes
Front Yard
Setback 20 feet 24 feet, one
inch Yes
Side Yard
Setback
6 feet (left)
7 feet (right)
6 feet (left)
9 feet, 4 inches
(right
Yes
Rear Yard
Setback 25 feet 27 feet, three
inches Yes
Parking,
Minimum Four spaces Four Spaces Yes
Building
Height,
Maximum
30 feet 27 feet, 10
inches Yes
64 Item # C6.
October 6, 2022
11 c) The development assures that the modifi cations will not interfere with the privacy, quiet enjoyment, or view of the surrounding properties.
The two-story development proposes windows along the front and rear of the residence, where the greatest setbacks oc cur. This allows the residence to obtain solar access with minimal impact to the neighboring properties, which are located on the sides of the lot. Therefore, the development will not interfere with the privacy, quiet enjoyment and view of the surrounding properties.
Section 4: The Zoning Administrator of the Ci ty of Milpitas hereby adopts Resolution No. 22-020 approving P-SD22-0009 to demolish an existing one-story, single- family residence and develop an approximately 2,647 square-foot, two-story single-family residence with a 472-square foot attached garage at 193 Silvera St, subject to the attached Conditions of Approval, based on the above Findings and subject to the Conditions of Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED at a regular meeting of the Zoning Administrator of the City of Milpitas on October 13, 2022.
____________________________ Date: _________________________ Ned Thomas, AICP
Planning Director
65 Item # C6.
October 6, 2022
12 EXHIBIT 1
CONDITIONS OF APPROVAL:
1. General Compliance. The applicant, including all successors in interest (collectively "Permittee") shall comply with each and every condition set forth in this Permit. This Site Development Permit No. SD22-0009 ("Permit") 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 per formed or caused to be performed. (P)
2. 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)
3. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of th is Permit, inaction by Permittee shall be deemed to constitute each of the following: (P)
i. Acceptance of this Permit by Permittee; and
ii. Agreement by the Permittee to be bo und 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.
4. 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: (P) i. Completes a foundation associated with the project; or ii. Dedicates any land or easement as required from the zoning action; or iii. Complies with all legal requirements ne cessary to commence the use, or obtains an occupancy permit, whichever is sooner.
5. 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 extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)
6. Notice. Pursuant to California Governm ent 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 approval of this Permit. 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). (CA)
66 Item # C6.
October 6, 2022
13 7. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Permit and any other condition applicable to the project to the sole satisfaction of the City. Addit ionally, 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 the 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 the City. There is no vesting of any fees or charges with the approval of this Permit. (P)
8. Conditions. Each and every condition set fo rth 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 Permit. (P)
9. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicab le local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)
10. Previous Approvals. Permittee shall ab ide 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)
11. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City's choosing, and hold harmless City, its City Council, its boards and 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, includi ng 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 un der the California Environmenta l Quality Act, and (ii) Permittee's construction, operation, use, or related activity under this 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, and/or the parties initiating or bri nging such proceeding. Permittee shall indemnify the City for all of City's cost s, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City's choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)
12. Written Response to Conditions. The Permittee shall provide a written response to the Conditions of Approval indicating how each condition has been addressed with the building permit application submittal. (ALL)
13. 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)
67 Item # C6.
October 6, 2022
14 14. 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. (CA)
15. Permittee shall develop the approved project in conformance with the approved plans (date stamped 08/22/22), approved by the Zoning Administrator 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 requir e 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 de signee determines that the deviation is significant, the owner or designee shall be required to apply for review and obtain approval of the Zoning Administrator or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)
16. Fire Department
The project/development shall comply with the requirements of the Fire Department and the California Fire Code. (F)
17. Building Department
The project/development shall comply with the requirements of the Building Department and the International Building Code. (B)
18. Engineering
The project/development shall comply with the requirements of the Engineering Division and as may be amended by the City of Milpitas. (LD)
(P) = Planning
(F) = Fire Prevention
(B) = Building
(LD) = Land Development
(CA) = City Attorney
68 Item # C6.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive Progress Report on The Work Completed and Existing Conditions Analysis from Raimi and Associates and Staff on the Housing Opportunity Zones, Discuss Project Objectives and Priorities, and Provide Direction on Key Planning Concepts and Land Use Strategies (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586-3077) Category: Community Development
Meeting Date: 8/9/2022
Recommendation: Receive progress report on the work completed and existing conditions analysis from Raimi and Associates and staff on the Housing Opportunity Zones, discuss Project objectives and priorities, and provide direction on key planning concepts and land use strategies.
Background:
Since 1969, California law has required all cities and counties to plan to meet housing goals for residents at all income levels. Every eight years, the California Department of Housing and Community Development (HCD) and the Association of Bay Area Governments (ABAG) distribute the Regional Housing Needs Allocation (RHNA) to each City and County in the Bay Area. The City is then required to perform a comprehensive update to the Housing Element, which is a chapter in the General Plan. The Housing Element identifies specific programs and policies that the City commits to implement to help realize the City’s RHNA goals and respond to related needs.
In the 2019-20 Budget Act, Governor Newsom signed into law a $250 million allocation for California regional and local jurisdictions to prioritize planning activities to accelerate state-wide housing production as part of a broader mandate to address the State’s affordable housing shortage and to end homelessness. This allocation includes $119 million for the Local Early Action Planning Grant (LEAP) for cities and counties. LEAP provides one-time grant funding for cities and counties to update planning documents and implement process and policy improvements to accelerate housing production. LEAP is a non-competitive grant program and a State strategy to help local governments meet their legal obligation to plan for housing for all residents, including low-income residents, as per the City’s RHNA obligations.
On June 29, 2020, the City applied to HCD for grant funding through the LEAP Program to create Housing Opportunity Zones (HOZs) in areas of the City prioritized for housing by the City’s General Plan. The HOZs will establish various incentives through an overlay zoning district to facilitate and streamline affordable housing production in the City’s two Specific Plan areas, four Neighborhood Commercial Mixed Use (NCMU) areas, and the Town Center Zoning District. Incentives include a supplemental density bonus beyond the State Density Bonus, relaxed development standards, streamlined by-right permitting and environmental review, and financial incentives. On September 2, 2020, HCD informed staff that the City of Milpitas has been awarded $300,000 in grant funds through the LEAP Program to establish HOZs.
On December 12, 2021, the City Council approved and authorized the City Manager to execute a professional services agreement with Raimi and Associates to prepare the HOZs in close coordination with related efforts underway including the Metro and Gateway Specific Plans, the Housing Element Update, and a separate Assessment of Fair Housing. Per the grant agreement, the HOZs must be completed by June 30, 2024.
1794
Item # 19.Category - 1J
69 Item # C6.
Analysis:
As identified in the City’s LEAP grant application and scope of work with Raimi and Associates, the key goals of the HOZs are to:
1. Streamline the permitting of housing development to meet the housing goals of the City;
2. Allow by-right approval of housing projec ts if they meet certain objective criteria;
3. Incentivize development of on-site affordable housing; and
4. Encourage different types of spec ial needs housing, including senior living, housing for persons with disabilities, and workforce housing.
The work completed to date includes:
x Best Practices Memo: The memo provides an overview of example HOZs from other cities, especially as they relate to the creation of affordable housing units and housing for special needs populations.
Three of the examples focus on affordable housing and one on senior housing. Each precedent study identifies strengths and weaknesses that can inform the consideration and development of new HOZs in Milpitas.
x Planning Documents and Process Assessment: The assessment memo reviews and summarizes existing planning documents and ordinances that impact the development of housing across the City and identifies strengths that can be enhanced and weaknesses that can be overcome through HOZs. x Existing Conditions Analysis: The analysis of existing conditions examines each potential HOZ area and estimates the feasible development capacity based on Milpitas’ current land use and zoning policies and regulations. Topics covered include the existing land use pattern, parcel size, pipeline projects, access to multimodal transportation options, site constraints, and opportunity sites. Staff will present the analysis in greater detail at a future study session with the City Council. x Stakeholder Meetings: Raimi and Associates and City staff presented an overview of HOZs at the May 2022 Community Development Roundtable and subsequently conducted stakeholder interviews with non-profit and for-profit housing developers to better understand the constraints to building both mixed-income and 100 percent affordable housing projects.
Key findings from the background research and analysis and preliminary community outreach include:
x Development Standards: Development standards such as low maximum densities, high parking ratios, and high commercial requirements for mixed-use projects are constraints on development of affordable housing for both for-profit and non-profit housing developers. Adjusting these development standards would allow developers to prioritize affordable housing and spread the subsidized cost of the affordable units over a larger number of market rate units. x Permitting Process and Impact Fees: Development fees are higher in Milpitas compared to other jurisdictions in Santa Clara County owing to high entitlement fees for single-family development and high impact fees for multi-family developments. A streamlined permitting process and reduced impact fees for housing projects in HOZs that meet objective standards would help reduce initial development costs and facilitate both mixed-income and 100 percent affordable housing projects. x Affirmatively Furthering Fair Housing (AFFH) Compliance: HOZs can help a local jurisdiction address the potential issue of having a large concentration of affordable units in certain geographic areas (e.g., specific plan areas), which run counter to AFFH requirements in the Fair Housing Act. The Fair Housing Act requires cities to take meaningful actions to overcome patterns of segregation and foster inclusive communities. HOZs will help the City comply with this federal law by promoting a more equitable distribution of affordable housing throughout Milpitas. x Gen
eral Plan Land Use Designations: The 2040 General Plan aims to create vibrant commercial neighborhood centers through mixed-use development within the Town Center Zoning District and by establishing the Neighborhood Commercial Mixed-Use (NCMU) land use designation to incentivize the redevelopment of older commercial retail centers. Establishing HOZs for these areas will remove 1795
Item # 19.
70 Item # C6.
current constraints on mixed-use development in these areas by modifying current policies and development requirements.
General Plan Implementation
The HOZs will be a critical implementation tool of the 2040 General Plan, which identifies several opportunity areas throughout the City for future housing development. These areas include the two Specific Plan areas (Metro Specific Plan and Gateway-Main St. Specific Plan), four NCMU areas, and the Town Center. The City is currently updating its two Specific Plans, and the HOZs will apply to these areas where much of the future housing development is expected to occur. However, the current policies and requirements of the NCMU and TWC land use designations need to be refined to facilitate and incentivize mixed-use redevelopment.
The NCMU land use designation establishes a ratio of one residential dwelling unit per 1,500 square feet of neighborhood-serving retail and commercial services for new mixed-use developments. While the purpose of this requirement is to incentivize the redevelopment of older strip retail centers into new mixed-use projects, redevelopment is unlikely to occur under the current policy framework. Based on the analysis completed for this HOZ project, the consultant team and staff now favor a clear allowable density range rather than a ratio between residential and nonresidential floor area.
For example, the TWC land use designation allows 40 residential dwelling units per acre for mixed-use developments but requires a high floor area ratio (FAR) of 0.35 for nonresidential uses. While the purpose of the nonresidential FAR requirement is to ensure that the Town Center retains its commercial activity over time, it presents a constraint to redevelopment. The current FAR of the Town Center north of Calaveras Boulevard is well below 0.35 and any redevelopment would require an additional 323,000 square feet of nonresidential floor area, which is highly unlikely in the current economic climate. The HOZs will build upon new General Plan policies for the NCMU and TWC areas by providing a more implementable strategy to achieve the overall goal of creating vibrant mixed-use neighborhoods in key areas throughout the City. The HOZs will adopt a place- based approach to facilitate mixed-use redevelopment of specific sites within these areas while allowing viable commercial centers to remain.
Housing Element Implementation
The HOZs will also be a critical implementation tool of the ongoing Housing Element Update, which must be updated every eight years identify adequate sites for new affordable housing to fulfill the City’s RHNA. In the upcoming RHNA cycle (2023-2031), the City of Milpitas has been allocated 6,713 units, which is more than double the allocation from the previous cycle. Furthermore, 3,786 of the units must be affordable (i.e., below market rate) with 2,655 of those units at the low- or very-low-income affordability level, which the City has historically struggled to provide.
To address this challenge, the HOZs will focus on providing practical and effective incentives for developers to build affordable housing, especially at deeper affordability levels. The Housing Element Update will rely on the HOZs as a key program to implement its policies and help the City fulfill its housing goals and needs.
Next Steps
Following the City Council study session, the project team will continue to engage the public through additional stakeholder meetings with property owners, community workshops, and online surveys. The project team will also prepare a series of design studies to test the potential effects of the HOZs and develop several alternatives based on the feedback and direction received from the City Council.
Once the alternatives are established, the project team will return to the City Council for another study session to determine the preferred alternative. The project team will continue to meet with the City Council and Planning Commission as the Draft HOZs are developed to ensure that the project meets the needs of the City and community.
Fiscal Impact:
This is an informational item. As such, there is no fiscal impact.
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California Environmental Quality Act:
The additional development allowed through the HOZs will be consistent with the Housing Element sites inventory. Therefore, the required environmental review for the HOZs will be completed as part of the environmental review for the Housing Element Update.
Recommendation:
Receive progress report on the work completed and existing conditions analysis from Raimi and Associates and staff on the Housing Opportunity Zones, discuss Project objectives and priorities, and provide direction on key planning concepts and land use strategies.
Attachments:
1. Best Practices Memo
2. Planning Documents and Process Assessment
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Milpitas Housing
Overlay Zone:
Precedent Studies
& Incentives Memo
March 24, 2022
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Raimi + Associates 1 Milpitas Housing Overlay Zone: Precedent Studies & Incentives
1. Introduction
This Precedent Studies & Provisions Memo is intended to provide an overview of example housing overlay zones from other cities, especially as they relate to the creation of affordable housing units and housing for special needs populations.
The memo provides a summary and analysis of four overlay zone frameworks (precedent studies), three focused on affordable housing and one on senior housing. Each precedent study identifies strengths and weaknesses that can inform the consideration and development of a new housing overlay in Milpitas. In addition to the development incentives and bonuses described in each precedent study, the Incentives Structures section of the memo describes the various development incentives and bonuses that could be included in a finalized housing overlay zone and how they interact with existing State housing development incentives. Some incentives can be tied to affordability or age requirements, depending on the population the overlay prioritizes.
2. Precedent Studies
As the City of Milpitas considers a potential new overlay zone designation to align with city-wide housing goals, several precedents have been established both locally in the Bay Area, and at the national scale. Since preserving and promoting affordable housing opportun ities has been a priority shared by cities through California and beyond, jurisdictions have taken a number of different approaches to utilizing overlay zones as a regulatory mechanism for nesting standards related to the creation of new affordable units, income levels, construction and design standards, and several other topics. Overlay zones are not limited strictly to frameworks oriented around affordable housing but have also been adapted to a ddress other planning challenges, such as provision of housing for senior residents or special needs populations.
This memo provides a summary and analysis of four overlay zone frameworks:
x Cambridge, MA. Affordable Housing Overlay (zoning)
x Berkeley, CA. Affordable Housing Overlay (Housing Element) x Menlo Park, CA. Affordable Housing Overlay (zoning)
x Perris, CA. Senior Housing Overlay Zone (zoning)
Links to each precedent and their original language can be found in 6. Appendix. 1799
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Raimi + Associates 2 Milpitas Housing Overlay Zone: Precedent Studies & Incentives Comparative Matrix
The following table summarizes the regulatory language and framework of the four precedents. The information has been condensed in this memo.
Precedent
Study Applicability Interactions with
Underlying Zoning Affordability Requirements
Deed-
restriction or
affordability
agreement?
Incentives
100%
Affordable
Housing
Overlay
Cambridge,
MA
- All zoning districts,
except Open Space
- Standards apply only to
100% affordable housing
projects
Underlying zoning
impacts density and
height bonuses
- At least 80% of units for
households with incomes
80% AMI or below
- 50% of for-sale units should
to households with incomes
80% AMI or below at initial
occupancy
Continued
affordability
agreement
- No maximum FAR
- Height bonus
- No off-street parking
minimums
- Minimum of 30%
open space to lot area
ratio
- Lower yard setbacks
100%
Affordable
Housing
Overlay Zone
Berkeley, CA
(Proposed)
- R3, R4, MU-R, all C-
prefixed districts
- Potentially R-1, R-1A, R-
2, R-2A
- High fire risk area and
historical landmarks are
exempt
- Projects must have
100% affordable units
Reserved for Extremely Low-,
Very Low-, Low-, and
Moderate-income
households
Deed-restricted
- No maximum FAR
- Density bonus
- Height bonus
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Raimi + Associates 3 Milpitas Housing Overlay Zone: Precedent Studies & Incentives Affordable
Housing
Overlay (AHO)
Menlo Park,
CA
- Menlo Park El Camino
Real and Downtown
specific plan area; lots
zoned R-4-S
- Projects must have a
mix of affordable and
market rate units
Some Specific Plan
development
standards cannot be
superseded by AHO
standards
At least 25% of affordable
units must be very low and/or
extremely low-income, or at
least 15% must be extremely
low income
Continued
affordability
agreement (no
less than 55
years)
- Density bonus
- Height bonus
- Parking space
requirements per type
of affordable unit
- Common and/or
private open space can
be reduced by 50%
- Setback reduced to 5’
except when more is
needed to
accommodate
increased density and
when parcel is next to
single-family residential
- Possibility of waived
processing fees
Senior
Housing
Overlay (SHO)
Zone Perris,
CA
- Can be combined with
any residential or
commercial zone district,
and lots must be greater
than 2 acres but not more
than 75 acres
- Surrounding land
uses must be
compatible with the
environment required
by seniors
- Level of affordability
and percentage of
affordable units are
dependent on
redevelopment area
classification
- Minimum 1 household
member must be age 55+
- Redevelopment area: at
least 30% of units for low-
and moderate-income
households, at least 50% of
the 30% for very low-income
- Not redevelopment area: at
least 3% of units for low- and
moderate-income
households, at least 40% of
the 3% for very low-income
households
Affordability in
place for 30
years or how
long the
redevelopment
area
agreement
specifies
(whichever is
longer)
- Density bonus (up to
50 units/acre
- Development fees
waiver
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Raimi + Associates 4 Milpitas Housing Overlay Zone: Precedent Studies & Incentives A. Affordable Housing Overlay. Cambridge, MA
The City of Cambridge adopted the 100% Affordable Housing Zoning Overlay in October 2020. This overlay aims to help affordable housing developers build new, permanently affordable housing throughout the city, especially in areas where there are not enough afford able units, and areas where the current zoning makes it difficult to construct affordable housing projects. The standards and incentives of the overlay can only apply to projects where 100% of the units are affordable and available to households earning up to 100% of the Area Median income (AMI).
1. Development context
The Affordable Housing Overlay (AHO) developed from discussions between the City Council, Housing Committee, and Community Development Department (CDD) regarding how to address the housing crisis and was further mentioned during the “Envision Cambridge” citywide plan process from 2016-2019. CDD developed the overlay and gathered feedback from public hearings, community meetings, and open houses. The AHO was presented as a zoning amendment to the Planning Board and Ordinance Committee, and after several meetings and revisions, they r ecommended that the City Council adopt the AHO ordinance. The City Council adopted the ordinance on October 5, 2020. To date, approximately 350 new affordable units have been completed under the regulations, with the City currently reviewing projects that could result in additional 300 units.
2. Regulatory Framework
Cambridge’s AHO is an amended, new section in the City’s Zoning Ordinance. The ordinance contains income and affordability criteria, development and design regulations, and regulatory mechanisms for ensuring the continued affordability of an AHO project’s units.
3. Applicability/Area of Influence
The overlay zone applies to all zoning districts of Cambridge, except parcels zoned as Open Space. Regardless of the underlyin g zoning standards or density requirements, AHO projects can contain single-family, two-family, townhouse, or multi-family dwellings. Projects may al so include active, non- residential uses on the ground floor, but only where the underlying zone or an additional overlay district already allow non-re sidential uses. An AHO project can feature the construction of a new building, or the retrofit of an existing building. The project is permitted “as-of-right" if the project meets all the standards within the overlay and the Design Guidelines established by the CDD.
4. Interaction with underlying zoning
The applicable development and design regulations of an AHO project are determined by the “District Dimensional Standards” of the underlying zoning district. The dimensional standards of the AHO apply in place of the District Dimensional Standards unless the AHO speci fies otherwise. As previously stated, the AHO supersedes non-residential underlying zoning districts and allows for the development of housing in districts such as commercial or industrial. In addition, ground floor non-residential uses are allowed in new housing projects where the underlying zoning already allows such uses.
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5. Development and Design Regulations
FAR. The floor area ratio (FAR) of an AHO project has no stated maximum or minimum. x Exception: If the standards of the underlying zoning district specify a maximum FAR of less than 1.0, the AHO project cannot exceed an FAR of
2.0. Lot Area. There is no minimum lot area per dwelling unit requirement for AHO projects.
Height. The height bonus for an AHO project is contingent on the underlying zoning district’s allowable building heights.
Underlying zoning district
allowable building height Height Bonus Exceptions
40 feet or less
Up to 45 feet (no more than 4 stories) if
entirely residential; or
Up to 50 feet (4 stories above grade) if
first floor has active, non-residential use
Up to 50 feet
Up to 65 feet (no more than 6 stories) if
entirely residential; or
x When AHO project is adjacent to a non-residential
use, parts of the project within 35 feet of a zoning
district that allows a maximum building height of 40’
will be limited to the overlay provisions of that type of building (i.e., max build to 45’ if residential, 50’ if first floor is active non-residential)
x When the AHO project parcel extends into that
district, then the height limitation only extends 35'
from the property line.
Up to 70 feet (6 stories above grade) if
first floor has active, non-residential use
Greater than 50 feet Up to 80 feet (no more than 7 stories) x When AHO project is adjacent to a non-residential
use, parts of the project within 35 feet of a district
with zoning that allows a maximum building height of
40’ will be limited to a maximum height of 60’ (a
minimum of 5 stories).
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Raimi + Associates 6 Milpitas Housing Overlay Zone: Precedent Studies & Incentives x When the AHO project parcel extends into that
district, then the height limitation only extends 35’
from the property line.
Parking. AHO projects do not have an off-street parking minimum requirement. However, if a project does not provide off-street parking at a ratio of
0.4 spaces per dwelling unit, the developer must create a Transportation Demand Management program where they:
1. Offer a free annual membership to a bike share program, or a 50% discounted transit combined subway and bus pass for 6 months, to 2 individuals in each household upon their initial occupancy of a unit; and
2. Provide transit information to each household upon their initial occupancy of a unit or provide real-time transit service screen and information in the building lobby.
Open Space. The minimum percentage of open space to lot area of an AHO project is 30%, unless the standards of the underlying zoning district have a less restrictive requirement. This percentage can be lowered to a minimum of 15% if the AHO project includes the protection and preservation of an existing building that is in the State Register of Historic Places. The AHO contains additional guidelines for the placement an d characteristics of an AHO project’s open space.
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Raimi + Associates 7 Milpitas Housing Overlay Zone: Precedent Studies & Incentives Yard Setbacks.
Setback Requirement Exceptions
Front Minimum setback of 15 feet
x The underlying zoning standards have a less restrictive requirement, x The project is on a corner lot (may be reduced to minimum of 10’), or x The developer chooses to reduce the setback to the average of the front yard setbacks of the four nearest pre-existing principal buildings that contain at least 2 stories above grade and directly front the same side of the street as the AHO project.
x If there are different underlying zoning standards for residential and non-residential uses, the non-residential front yard setback requirement applies to an AHO project with an active non-residential ground floor.
Side Minimum setback of 7.5 feet Unless underlying zoning district’s residential requirement is less restrictive.
Rear Minimum rear setback of 20 feet Unless the underlying zoning district’s residential requirement is less restrictive.
Standards for Existing Buildings. Existing buildings used in an AHO project that do not match the development and design regulations can be altered, reconstructed, relocated, and/or enlarged to conform with the AHO regulations. Below are modification standards that are allowed “as-of- right."
x The addition of gross floor area within the interior of the existing building envelope that could violate FAR limitations set by the AHO x An increase in the number of dwelling units within the existing building if the number of stories above grade is not greater than the existing number of stories above grade, or the existing height divided by 10 feet x The relocation, enlargement, or addition of openings to the exterior of the building 1805
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Raimi + Associates 8 Milpitas Housing Overlay Zone: Precedent Studies & Incentives x The addition of insulation to improve energy efficiency if the new exterior wall conforms to yard setback requirements, does no t intrude more than 8 inches into the existing yard setback, or does not decrease the existing open space by more than 5% x The addition of exterior features to meet accessibility requirements x Alterations, additions, repair, reconstruction, or replacement of the existing building and pre-existing nonconforming features that do not violate the dimensional requirements set by the AHO
Building and Site Design Standards for New Development. The AHO contains design standards that apply to new construction and the additions to existing structures. Existing buildings that are a part of an AHO project do not have to follow these design standards if the alterations do not “create a condition that is in greater nonconformance with such standards than the existing condition.” The complete standards are available in 6. Appendix.
5. Income and Affordability
An AHO Eligible Household has a gross household income upon initial occupancy of no more than 100% of AMI. Rental and for-sale AHO units are available for AHO Eligible Households, with a preference for Cambridge residents and former Cambridge residents who experienced a no-fault eviction in the last 12 months within Cambridge. This local preference can make projects ineligible from certain federal grants that can help finance the development of affordable housing.
Rental AHO dwelling units:
x The gross household income of the AHO Eligible Household at initial occupancy cannot be more than 100% AMI, but a household exc eeding this limit after initial occupancy can continue to rent the unit (cannot exceed 120% AMI for more than one year). x At least 80% of the units in an AHO project must be reserved for households with incomes no more than 80% AMI. x Rent, utilities, and fees must be approved by the CDD and cannot be more than 30% of the gross household income of the unit occupants. x The gross household income of an AHO Eligible Household will be verified annually, or at the times required by a CDD-approved housing subsidy program, to determine the household’s continued eligibility and rent.
Owner-occupied AHO dwelling units:
x The gross household income of the AHO Eligible Household at initial occupancy cannot be more than 100% AMI. x At least 50% of the for-sale units in an AHO project must be reserved for households with incomes no more than 80% AMI. x The initial sale price of a unit must be approved by the CDD, and the monthly housing payment cannot exceed 30% of the househol d’s monthly income.
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6. Regulatory Mechanisms
Deed Restrictions. AHO units are “created and conveyed subject to recorded covenants approved by CDD” to guarantee the permanent availability of the dwelling units to AHO Eligible Households.
Application process and approval. Each AHO project must follow a review and community engagement process. x The developer must schedule two design consultations with the Planning Board, who will determine if the project meets the regulations of the overlay.
x The developer must host at least two community meetings for the residents of the neighborhood surrounding the proposed project site. At the first meeting, the developer shares initial analysis and gathers feedback from the community before design begins. At the second meeting, the developer shares preliminary project designs and receives design feedback.
7. Strengths
x AHO projects must contain 100% affordable units. By requiring that all units of a project be reserved for household earning up to 80% and 100% of the AMI, the City commits to prioritizing low-income housing construction and ensuring that any additions to the housing stock utilizing the overlay’s incentives are affordable units.
x Application and review process. The review process includes mandatory community engagement procedures that allow community members to voice their opinions over changes occurring in their neighborhood. Additionally, the advisory design review process is straight forward and thoroughly explained in the AHO ordinance text.
x Applicability of the overlay zone. The AHO allows for the creation of affordable housing in zoning districts that have previously not allowed residential uses. In Milpitas, a housing overlay zone with similar regulations would allow areas of the city that are currently zoned and operate as commercial to accommodate new housing construction, without having to undergo a re-zoning process to amend the allowable uses i n a commercial district. As an example, if all institutional-zoned parcels in Milpitas could accommodate housing, the City may be a ble to approve affordable housing projects for teachers and school staff much quicker, and without having to undergo the re-zoning process.
8. Weaknesses
x 100% AMI Standard. Cambridge’s AMI is different from the AMI in Milpitas. Milpitas is located in Santa Clara, a county with high cost of living that can make 80% AMI unattainable for some Milpitas residents. In 2021, 80% AMI for a family of four was $117,750 and 30% AMI (usually considered extremely low-income) was $49,700. An overlay in Milpitas may need to use different affordability requirements that are more appropriate to the city’s context. Additionally, Cambridge requires the monitoring of income levels for rental and for-sale units. It may be difficult to enforce or monitor income requirements of certain units once they are sold. 1807
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Raimi + Associates 10 Milpitas Housing Overlay Zone: Precedent Studies & Incentives x Applicability of the overlay zone. The AHO allows for the creation of affordable housing in all zoning districts, except Open Space. The overlay creates near-universal standards for parcels throughout the city, but each has different geographic contexts, transportation accessibility, and proximity to community services and amenities. Not all parcels in a city will be the best locations to place low-income housing and some may even contribute to the historic marginalization of low-income communities. x Affordable housing construction in Industrial Zoning Districts. If AHO projects are constructed in areas with primarily industrial uses, these projects could contribute to the historical, unjust practice of placing low-income housing next to pollution-generating uses. Communities that have higher exposure rates to pollutants can lead to increased negative health impacts. Additionally, industrial zones may have underlying restrictive covenants related to the presence of hazardous waste and materials, which could prohibit the construction of housing. In Milpitas, there may be industrial districts that are more suitable for housing construction than others. A comprehensive study of industrial pa rcels would be needed to understand the socio-environmental effects of allowing low-income housing in these areas. x Modernization of older public housing. For projects retrofitting existing buildings that already feature affordable housing, Cambridge’s AHO standards lack anti-displacement measures to ensure future spaces for existing tenants. Consequently, the responsibility of ensuring housing security is left up to individual developers to voluntarily offer as a form of community benefits. For example, Jefferson Park Federal is a project that is replacing former federal public housing buildings with new fully, affordable housing units. The Cambridge Housing Authority has promised to ensure no permanent displacement of the buildings’ original tenants and assisted in relocating the original tenants into other units while construction occurs. This assurance is not a product of a regulatory standard in the AHO, but a key value of the Authority when the project was initially being developed.
B. Affordable Housing Overlay. Berkeley, CA
1. Development context
In November 2021, the City Council of the City of Berkeley recommended the City Manager to consider a 100% Affordable Housing Overlay designation, and to integrate it into the ongoing Housing Element Update process. The implementation of the overlay would require the development of objective design standards, or form-based standards, and the development of an advisory Design Review process that will guid e the design of qualifying affordable housing projects. Additionally, General Plan amendments would need to be created that allow 100% affordable housing projects, in order to remain consistent with existing densities described in the General Plan. As of March 2022 however, draft regulatory text has not yet been made publicly available, and the ongoing Housing Element work has not yet engaged fully with the topic of an overlay designation. The proposal that was presented to the City Council and City Manager has been released and contains goals, preliminary standards, and requirement s that will be included in the final regulatory text.
2. Regulatory Framework
The overlay proposal includes preliminary requirements and standards for affordable housing projects that would utilize the overlay incentives. 1808
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3. Applicability/Area of Influence
The overlay would apply to parcels in the following zoning districts:
x Multiple-family Residential (R3)
x Multi-family Residential (R4)
x Mixed Use-Residential (MU-R)
x Commercial Districts (all C-prefixed districts)
The overlay could also apply to parcels in the following zoning districts, but would require further study to determine project feasibility:
x Single-family Residential (R-1)
x Limited Two-family Residential (R-1A)
x Restricted Two-family Residential (R-2)
x Restricted Multiple-family Residential (R-2A)
Parcels located in CalFire Very High Fire Hazard Severity Zones, City of Berkeley Fire Zones 2 and 3, or are designated City, State, and Federal Historical Landmarks, would be exempt from the overlay.
4. Development and Design Regulations
In R3, R4, MU-R, C-prefixed districts, the following standards and bonuses would apply:
x A local density bonus that reflects the provision of AB 1763 (in addition to any State density bonuses) x No limits on FAR
x Up to 80% lot coverage
In R-1, R-1A, R-2, R-2A zones, the following standards and bonuses would apply:
x A local bonus inclusive of existing density bonuses
x No limits on FAR
x Up to 80% lot coverage
5. Regulatory Mechanisms
Deed Restrictions and Income Requirements. Units within qualifying 100% affordable housing projects would be deed-restricted for Low, Very Low, Extremely Low-, and Moderate-Income households.
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Raimi + Associates 12 Milpitas Housing Overlay Zone: Precedent Studies & Incentives Application process and approval. Projects that comply with the overlay’s design standards and income requirements would have ministerial approval. The advisory Design Review process would review if the project met the overlay’s guidelines. If the guidelines were not met, the Design board would provide suggested changes to the developer that would allow the project to meet the standards.
6. Strengths
x Excluding parcels in fire hazard zones. By not allowing affordable housing development in fire-risk areas, the City is decreasing the potential of low-income family displacement in the event of a wildfire. x Overlay as a part of the Housing Element. The AHO proposal states that it will be a part of the state-mandated Housing Element, which describes the city’s plans to accommodate future housing growth. As a part of the Housing Element, it would better ensure that the overlay is implemented.
7. Weaknesses
x Overlay language not yet finalized. Berkeley’s AHO is still a proposal that will be incorporated into a different regulatory document, and it cannot be thoroughly compared to other overlay zones that have been adopted into zoning codes and ordinances. x 100% Affordable Units. Restricting the benefits of an Overlay to 100% affordable housing can be seen as a constraint. By limiting the pool of which types of projects can leverage the incentives can limit the overall production of affordable housing. In addition, const rained availability of public funds and the need for local municipalities to provide matching funds can be a limiting factor.
C. Affordable Housing Overlay. Menlo Park, CA
1. Development context
Menlo Park’s Affordable Housing Overlay (AHO) is meant to implement the goals of the Housing Element and encourage the development of affordable housing for low, very low, and extremely low-income households. The AHO was adopted by the City Council in June 2013 as a part of a settlement agreement (Peninsula Interfaith Action, et al. v City of Menlo Park) that also required the City to update its 1992 Housing Element. As of March 2022, the City’s 2023-2031 Housing Element Update is ongoing and has proposed updating the AHO to include a maximum density bonus of 100 dwelling units/acre for 100% affordable housing projects, extending the AHO coverage area, and modifying the fee waivers and development standards. These updates are not yet final, and the discussion presented below is based on the current, adopted overlay language.
2. Regulatory Framework
Menlo Park’s AHO contains income and affordability criteria, development and design regulations, and regulatory mechanisms for ensuring the continued affordability of an AHO project’s units.
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3. Applicability/Area of Influence
The overlay applies to parcels within the Menlo Park El Camino Real and Downtown Specific Plan area and those zoned as R-4-S (AHO) (high density residential, special – affordable housing overlay). Qualifying projects must have at least 5 units and accommodate a full range of income levels.
4. Interaction with underlying zoning
The overlay has been applied to specific parcels as a zoning classification (R-4-S AHO) and applies to the parcels identified i n the El Camino Real and Downtown Specific Plan. The Specific Plan establishes development standards that can be paired with the standards of the AHO, and the AHO identifies the Specific Plan guidelines that cannot be substituted. x Exceptions:
o For parcels within the Specific Plan boundaries, the maximum FAR will be limited to the public benefit levels for the area the parcel is in. Each Specific Plan area has a different maximum FAR depending on the parcel’s land use and location within the area. El Camino Real North: 1.10, 1.50 FAR
El Camino Real South: 1.50, 1.75 FAR
Station: 1.75, 2.25 FAR
Downtown: 1.0, 2.25 FAR
o Front and side setback facing a public right-of-way.
o Building facade height.
o Massing and modulation standards including major portions of a building facing a street should be parallel to the street, building breaks, building facade modulation, and building profile, and upper story facade length.
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5. Development and Design Regulations
Density bonus.
x An AHO project that provides 21% low-income units is entitled to a 36.5% density bonus. With each additional percentage of low-income units above 21% (or the percentage used for low-income units when there is a mix of low and very low-income units), project is entitl ed to an additional 1.5% density bonus up to a cumulative maximum bonus of 60%. x An AHO project that provides 12% very low-income units is entitled to a 37.5% density bonus. With each additional percentage of very low- income units above 12% (or the percentage used for very low-income units when there is a mix of low and very low-income units), project is entitled to an additional 2.5% density bonus up to a cumulative maximum of 60%.
FAR. There is no stated maximum or minimum FAR. An AHO project can increase its floor area ratio “by an amount that corresponds to the increase in allowable density” determined by the density bonus guidelines. x Projects can add an additional 5% or other increase that is “reasonably sufficient to make development of low and very low income multiple- bedroom units and family housing feasible.”
Coverage.
x “Any applicable maximum building coverage and/or allowable paving requirement shall be increased by 5% and the minimum open space requirement reduced by 10% from the underlying zoning designation.”
Height.
x An AHO project that can have up to a 45% AHO density bonus can have a maximum height of 4 stories (no more than 48’). x An AHO project that can have an AHO density bonus greater than 45% and has at least 50% of its affordable units reserved for ve ry low and extremely low-income households (or 25% of the affordable units reserved for extremely low-income households), can have a maxim um of 5 stories (no more than 60’).
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Raimi + Associates 15 Milpitas Housing Overlay Zone: Precedent Studies & Incentives Parking. The parking requirements of the underlying zoning designation apply to AHO projects.
The following guidelines only apply to the affordable units within a project:
Unit Type Required Parking Space(s)
Studio 0.8
1-bedroom 1
2-bedroom or larger 1.5
Senior housing units 0.8 or less
For projects within the Caltrain station area identified in the Specific Plan, each affordable unit can have a reduction of 0.2 parking spaces from the minimum listed here.
x AHO projects within the Specific Plan area can conform to the parking requirements listed in the AHO or adhere to the parking requirements of the specific plan, whichever is less.
x Parking spaces for affordable units do not need to be covered or located in a garage or carport. x Provided long-term bicycle parking should not be more than 0.5 spaces per unit. x Any requirement for electric vehicle parking or recharging stations can be reduced by 50% or project can provide an equivalent number of car sharing spaces.
Open Space. Common and private open space can be reduced by up to 50% from the underlying zoning requirements, in addition to reductions needed to “physically accommodate the increased density provided for” by the ordinance.
Setbacks. In addition to reductions needed to “physically accommodate the increased density provided for” by the ordinance, required setbacks can be reduced by 5 feet.
x Exception: When an AHO project parcel is next to a parcel zoned for single-family residential, the underlying zoning requirement still ap plies.
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x AHO projects will be reviewed for compliance with adopted objective design standards, and projects within the Specific Plan area must follow the architectural control process described in the plan. No other review is required unless the developer requests a variance from the AHO requirements.
x Low and very low-income units must be built at the same time, and to the same quality standard, as market rate units. They must also be integrated into the project.
x The number of bedrooms in low and very low-income units must be consistent with the mix in market rate units.
6. Income and Affordability
To be eligible for bonuses and incentives, AHO projects with more than 5 but less than 100 units must have at a minimum: 21% of all units reserved for low-income households, or 12% of units reserved for very low-income households. x If the project proposes to have both low and very low-income units, the minimum percentage of units shall be more than necessary to reach a 35% state density bonus.
x The below market rate units a project is required to include due to the City’s Below Market Rate Housing Program cannot be counted to reach these AHO requirements.
To be eligible for the density bonuses and incentives, AHO projects with more than 100 units must have at a minimum: 21% of all units reserved for low-income households, or 12% of all units reserved for very low-income households. x If the project proposes to have both low and very low-income units, the minimum percentage of units shall be more than necessary to reach more than a 35% state density bonus.
x The below market rate units a project is required to include due to the City’s Below Market Rate Housing Program cannot be counted to reach these AHO requirements.
In addition to the aforementioned income criteria concerning low-income and very-low income households, the AHO also includes a secondary requirement, where:
x 25% of the affordable units must be reserved for very low and/or extremely low-income households, or x 15% of the affordable units must be reserved for extremely low-income households
In practice, a 100-unit project would need to adhere to one of the following methods in order to qualify for the AHO bonuses:
x Method 1a: A minimum of 21 units reserved for low-income households (21% of all 100 units), where 6 of these units (25% of the 21 affordable units, rounded up) are reserved for very-low and/or extremely-low income households 1814
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Raimi + Associates 17 Milpitas Housing Overlay Zone: Precedent Studies & Incentives x Method 1b: A minimum of 21 units reserved for low-income households, where 4 of these units (15% of 21 affordable units, rounded up) are reserved for extremely-low income households
x Method 2a: A minimum of 12 units (12% of all 100 units) reserved for very-low income households x Method 2b: A minimum of 12 units reserved for very-low income households, where 2 of these units (15% of 12 affordable units, r ounded up) are reserved for extremely-low income households
A key provision of the AHO is that the low or very low income percentage required to qualify for the AHO shall not include the below market rate units required to be provided by for-sale residential development project and commercial development projects pursuant to the city’s below market rate housing program or Inclusionary Housing requirement.
7. Regulatory Mechanisms
Continued affordability.
x Project developers must create an agreement with the city to ensure the continued affordability of the affordable dwelling unit s for no less than 55 years.
Waivers.
x AHO projects with at least 50% of all project units reserved for low-income households (or 20% for very low-income households) are entitled to a fee waiver for all processing fees related to development applications. x All AHO projects are entitled to a reduction in all other fees in an amount that corresponds to the increase in allowable density, though the waiving of certain fees is subject to discretionary review by the city council.
8. Strengths
x Affordability requirements. The AHO provides incentives to projects with 50% or less affordable units, an affordability percentage that can allow use of more private financing for these projects compared with 100% affordable housing projects. x Affordability agreement. The overlay includes a 55-year continued affordability agreement, which allows the rental price of the unit to stay affordable and can lead to housing security for low-income families. x Fee waivers. Fee waivers incentivize increases in the number of low (or very low) income units. x Design quality. The AHO includes a condition that requires developer to construct affordable units to the same quality standard as market-rate units and for the affordable units to be integrated with the entire project building. This is an important aspect to include in the overlay that ensures that the lower and higher income units are fully integrated. 1815
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9. Weaknesses
x Incentives. Many of the development standard exceptions can be obtained by using the recently revised State Density Bonus Law provisions. x Parking requirements. The reductions for parking could be higher, making the provision of additional affordable units more financially viable.
D. Senior Housing Overlay Zone. Perris, CA
The Senior Housing Overlay (SHO) Zone from the City of Perris is meant to encourage the development of senior housing in compat ible neighborhoods and create more housing opportunities for very low- and moderate-income seniors.
1. Development context
The Senior Housing Overlay Zone was adopted by the City Council of Perris in 2013. Since then, Perris Station is an example project that made use of the SHO. The 84-unit senior housing project opened in 2015.
2. Regulatory Framework
Perris’ SHO contains affordability requirements, density and parking incentives, and detailed building and site design guidelines.
3. Applicability/Area of Influence
The SHO Zone can be applied to a lot that is at least 2 acres, but not larger than 75 acres, in any residential or commercial district. The current and proposed surrounding land uses must be free from health and safety issues and be compatible with the environment required by seniors. SHO projects are allowed to have multifamily residential, attached single-family residential, and detached single-family residential units that can be rentals, condominiums, cooperative, or other fee-simple ownership units.
4. Interaction with underlying zoning
SHO projects can be on parcels in residential or commercial district. Projects must follow the standards of the underlying zone, except when the development and design regulations of the SHO say otherwise. Parts of the City are in a redevelopment area, and SHO projects within that area are subject to different SHO development and design regulations than those outside of the redevelopment area.
5. Development and Design Regulations
Density. The maximum allowable density of an SHO project is 50 dwelling units/acre. This incentive can override the underlying zone density requirements.
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Setback. The setback of the building along all street frontages must be half the length of the building wall but cannot be less than 20 feet.
Building and Site Design Standards. The SHO specifies development criteria that dictates the design of the building, site, accessibility features, circulation, landscaping, open space, and recreational facilities. It also lists security and maintenance considerations. For t he full list of standards, refer to the original SHO language (link provided in 6. Appendix)
6. Income and Affordability
Age requirement:
x At least one household member must be 55 years or older.
Projects within redevelopment area:
x At least 30% of the dwelling units will be reserved and affordable for low- and moderate-income households. x At least 50% of the 30% mentioned above will be reserved and affordable for very low-income households. x These dwelling units can be rental and/or for-sale units. x The City may require more stringent income requirements if it has provided financial assistance to the development project.
Projects outside redevelopment area:
x At least 3% of the dwelling units will be reserved and affordable for low- and moderate-income households. x At least 40% of the 3% mentioned above will be reserved and affordable for very low-income households. x These dwelling units can be rental and/or for-sale units.
7. Regulatory Mechanisms
Deed Restrictions. The affordability restrictions must remain in place for 30 years or the time period specified by the land use controls of the redevelopment area, whichever is longer.
Waivers. The City can waive park development fees for qualified SHO projects.
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x The Planning Commission will host a public hearing to consider the proposed project and determine whether to recommend approval or disapproval to the city council. They will recommend approval if the project meets the requirements of the SHO. x The City Council will conduct a public hearing to determine whether the SHO should apply to the project. It must meet the following guidelines:
o “The proposed project at its specific location is necessary and desirable to provide a facility that will contribute to the general well- being of seniors as well as the local neighborhood, community, and region. o The location of the project and the mix of uses is not detrimental to the health, safety, or welfare of its residents, employee s, or those working or residing in the area.
o The proposed project will provide a superior community that will support the unique needs and lifestyles of seniors. o That the granting of this permit will not adversely affect the public welfare and will be consistent with the city's general plan and any other relevant plans of any government agency.”
x By granting an SHO project permit, the City Council reserves the right to modify the project plans or create conditions the pro ject must meet to ensure public health, safety, and welfare and meet the objectives of the SHO Zone.
8. Strengths
x Building and site design standards. The Senior Housing Overlay includes detailed and specific design parameters developers must follow. With these guidelines, the City has clear expectations about the living environment senior housing developments should create and maintain. x Affordability agreement. The overlay incudes a 30-year continued affordability agreement, which allows the rental price of the unit to remain affordable.
9. Weaknesses
x Affordability requirements. The affordability requirements for projects outside of redevelopment areas of the city are very low and would not produce a substantial amount of affordable senior units or justify the benefits conferred to the project by the SHO. The affordability requirements for projects in redevelopment areas are even not very high given the objectives of this type of special zoning. Developers can see this low requirement as an incentive to prioritize housing construction in non-redevelopment areas, leaving other areas of the city with out as much new senior housing. If the City’s intention was to spur more senior housing in these other areas, this is unclear. x The project approval process is discretionary. The project approval process is not as streamlined as other cities and it is discretionary to the City Council’s interpretations of public health needs. In one way, the City has more oversight over what is built, but it could be seen as a disincentive by developers who would want to develop and construct projects on a faster timeline. Specific public health considerations could have been included in the building and site design standards section. 1818
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Raimi + Associates 21 Milpitas Housing Overlay Zone: Precedent Studies & Incentives x Limited applicability. The minimum parcel size of 2 acres excludes the potential of projects on smaller sites. There are many examples of successful affordable or mixed-income senior housing projects with 50 units on one acre. The high minimum project size may be adequate in some areas but likely has the unintended consequence of excluding potential projects as infill in many older, more developed neighborhoods.
3. Incentives
It is important to note that Milpitas must also address a significant number of recently adopted state-level legislation and regulatory mechanisms pertaining specifically to affordable housing. Many of these laws establish a variety of incentives whose purpose is to encourage the construction of new housing, and in some instances have already resulted in significant revisions to local planning practices and regulatory language. Examples of relevant state law have been included throughout this section.
A. Streamlined Permitting Process
A streamlined, predictable permitting process can incentivize more developers to construct affordable housing. Many cities require a multistep discretionary review process to ensure a proposed project complies with the City’s Zoning Code, and this approval process can extend the project timeline while adding more costs onto the developer. A clear permitting process can lower these initial development costs and expedite affordable housing projects. There are a variety of strategies municipalities can take to streamline their permitting process for affordable housing projects.
By-right/as-of-right approval
By-right (also known as “as-of-right,” administrative review, ministerial review) development approval is granted to a project that has conformed to the zoning and building code requirements and qualifies for construction without having to go through a discretionary approval process. The project still needs to apply for permits but by qualifying for by-right development, the developer can cut down the time and money spent on having their proposed project approved. Some cities pair by-right approval with a design review.
For example, Cambridge’s Affordable Housing Overlay “as-of-right" approval applies to projects that follow all the regulations and objective design standards of the overlay, go through a two-meeting advisory design review, and host two community engagement meetings. The expectations and requirements of the developer for these meetings are clearly listed in the Overlay ordinance.
In Menlo Park, Affordable Housing Overlay projects outside of the Downtown specific plan area only need a compliance review to determine the project’s compliance with adopted objective design standards. Projects within the specific plan area must go through the architectural control process 1819
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Milpitas could consider a streamlined permitting process specific to an overlay zone that is complementary and consistent with other existing regulations and state housing laws. Similar to the way that recent state legislation has already introduced mandated streamline d permitting processes related to specific types of development projects (among these, rooftop solar with AB 2188 in 2015 and streamlined residential review with SB 330 and changes to the Housing Accountability Act in 2019), the introduction of a new affordable housing overlay zone could provide a broader definition of projects eligible for a streamlined review.
B. Bonus Development
Density bonuses allow developers that prioritize affordable housing to construct more units to spread the subsidized cost of the affordable units over a larger number of market rate units. Accompanying height bonuses allow for the larger floor area to be accommodated on the site .
Additional Density/FAR Bonuses
Many cities build on the existing state density bonuses to further incentivize affordable housing development. A density bonus allows a project to have an increase in dwelling units per acre. A FAR bonus allows buildings to have an increase in the total floor area. To accommodate additional units allowed by density bonuses, some overlays have removed the maximum FAR limit for applicable projects. For example, Cambridge’s overlay does not have a max FAR (unless the underlying zoning specifies a max 1.0 FAR, then applicable projects can have up to 2.0 FAR). Menlo Park also does not specify a max FAR, and notes that the FAR of projects can increase by the amount needed to accommodate increased density.
Beyond their inclusion in overlay zones however, Milpitas should first contend with prevailing state laws regarding density bon uses attributed to affordable housing. AB 1763 (2019) and AB 2345 (2020) constitute the most applicable and comprehensive examples, as they collec tively establish several regulations that link ranges of density bonuses with affordability levels. AB 1763 more than doubles the density bonus for eligible projects where all units are affordable to low and very-low income level residents. AB 2345 accommodates density bonuses on a slide scale between 35% and 50%. The bonus is linked to several other conditions and criteria including income criteria, parking, and concessions for provision of senior housing.
For a new overlay zone to be meaningful, any provisions should be written to exceed the stated minimums, especially with regards to the required metrics for very low income- and low income-households; the bonuses in AB 2345 are currently triggered at 15% and 24% respectiv ely.
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Allowing additional building heights or stories in an overlay can incentivize developers to pursue a project because developers can meet “the economy of scale” needed to construct affordable housing. Increased height allowances can enable buildings to have additional uses on the ground floor, whether it be building amenities or community commercial uses. For example, Cambridge’s AHO increases allowable building heights from the underlying zoning’s requirements and allows an additional 5’ when the first floor has an active non-residential use.
Other overlays choose to link the new allowable building heights to the density bonus a project qualifies for and the number of affordable units it includes. In Menlo Park, a project with a 45% density bonus can have up to 4 stories (or 48’), while a project with a 45% density bonus and with 25% of the units reserved for extremely low-income households can have up to 5 stories (or 60’). Milpitas already has two precedents to consider when approaching additional height allocations. The High-Rise (-HR) Overlay District is an existing designation that can be combined with any zoning district along with infill projects located along freeways and expressways. While a new overlay zone oriented around affordable housing may be introduced, the City could first consider expanding the existing -HR designations onto new applicable parcels through a zoning map amendmen t, rather than nest such language into a new overlay regulation.
With the recent completion of the Milpitas BART station, AB 1763 (2019) also offers a unique perspective on regulating building height increases within an incentive structure. AB 1763 allows eligible 100% affordable housing developments built within a half-mile of a major transit stop an increase in building height by 3 additional stories or 33 feet. The bill allows this additional density to operate atop any other density bonuses. The result can be a substantial increase in total development potential, as seen in a recently approved housing development in nearby San Mateo where the application of AB 1763 allowed an initially proposed 164-unit, 5-story project to expand into a 225-unit, 7-story project. Although this stipulation may not apply city- wide, Milpitas could first consider the potential development capacity of parcels within a half-mile radius of the BART station , or other qualifying transit hubs, as an alternative to a new overlay zone.
Building & Site Design
Setback and off-street parking reductions can allow housing projects to increase their size and density, in turn creating more units. Setbacks create distance between a building and the property boundaries, and smaller setback minimum requirements mean that developers can use a greater area of the lot for the building.
Off-street parking requirements are usually met by constructing parking spaces underneath the building, on the ground floor, or in an adjoining parking lot. Reducing the required minimum parking spaces can allow for more development potential ((i.e., community amenities, green spaces, additional units) on a site as well as reduce development costs. With reduced or no minimum parking requirements, a developer can still choose to 1821
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C. Fee Waivers
Development fees, permitting fees, and/or processing fees are typically required from developers when submitting a project proposal. Affordable housing overlays can be structured to waive certain fees for projects that reach specific affordability requirements. For examp le, Menlo Park waives processing fees for projects that have at least 50% of the units reserved for low-income households or 20% of the units reserved for very low-income households. The City of Perris’ Senior Housing Overlay Zone waives the development fees for all projects that qualify under this overlay.
While Milpitas could waive some or all of the fees to incentivize housing projects, the City would need to evaluate how to fund the services that the fees are used to provide. Considerations may include waiving or reducing Planning Entitlement, Transit/Traffic Impact, or Parks fees, or revising the types of projects that are subject to these fees. In particular, the city should carefully assess whether qualifying multifamily projects within a newly proposed overlay zone would be subject to all typical fees – the prospect of a reduced set of mandatory fees could serve as an attractive incentive for developers.
D. Other Incentives
x 100% AHO vs not-100% AHO consideration. Adopting a 100% Affordable Housing Overlay can incentivize non-profit and affordable housing developers to construct projects in Milpitas as it signals that the City is prioritizing the development of housing for its low-income residents, a demographic that struggles to find housing options that match their incomes. But having a mixed Affordable Housing Overlay allows other types of projects with different income mixes (and a broader variety of financing) to be constructed. Other types of possible incentives will be studied further after consultation with developers in Milpitas area to identify what would make it attractive to build more affordable housing.
x Socio-economic benefits. The creation of an affordable housing overlay zone can bring about socio-economic benefits for the city, and for the tenants and owners of affordable units. The Berkeley overlay proposal calls out how the intent of affordable housing overla ys is not just to produce more housing, but to promote the more equitable distribution of affordable ho using throughout a city. This is especially important in areas that have been shaped by class and racial segregation and where it persists to this day. When affordable housing is allowed to develop in high-opportunity neighborhoods, there are more opportunities than before for lower-income households to live and participate in those neighborhoods. More residents of a city can have the option to live in neighborhoods that typically have greater access to transit, education, and community amenities. Depending on the overlay’s provisions, it can also incentivize a greater mix of incomes within individual buildings. 1822
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5. Conclusion
A housing overlay that is developed in Milpitas will have to consider the city’s housing needs and environmental context to create an overlay that best suits the City’s conditions and housing goals. There are a variety of incentives and strategies that an overlay can include to encourage the development of a particular type of housing, but it must be done in conjunction with existing state housing bonuses and incentives.
A few considerations for the city to consider in developing a AHO in Milpitas:
x The extent to which an AHO can build upon the SDBL and other recent State provisions for incentivizing housing production. x The amount of financial incentives including fee waivers that the City can offer to prioritize the development of affordable ho using. x How to address the potential issue that the concentration of affordable units in certain geographic areas may run counter to AF FH requirements, especially if Housing Element sites are located with the overlay zone.
The precedent examples shall be helpful in informing the development of a Milpitas-specific overlay zone. Next steps include stakeholder interview and further analysis of target areas and applicable regulations.
6. Appendix
Overlay Zone Text and Resources
Cambridge, MA
x Regulatory text: https://www.cambridgema.gov/-/media/Files/CDD/Housing/Overlay/adoptedahoordinance.pdf x Supporting Documentation:
o https://www.cambridgema.gov/-/media/Files/CDD/Housing/Overlay/zngamend_aho_designguidelines_20200728v2.pdf o http://rwinters.com/insideout/2018sept18/OverlayProposal2018Sept13.pdf o https://courbanize.com/projects/jeffersonparkfederal/information o https://www.wickedlocal.com/story/cambridge-chronicle-tab/2021/08/16/op-ed-cambridges-affordable-housing-overlay-already- producing-350-new-affordable-homes/8129618002/
Berkeley, CA
x Regulatory text (DRAFT): https://www.berkeleyside.org/wp-content/uploads/2021/11/2021-11-09-Item-09-Affordable-Housing-Overlay.pdf 1823
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o https://www.berkeleyside.org/2021/11/10/affordable-housing-berkeley o https://beyondchron.org/berkeleys-next-big-step-a-100-affordable-housing-overlay/ o https://www.dailycal.org/2021/11/11/berkeley-city-council-approves-affordable-housing-overlay-social-housing-measures/
Menlo Park, CA
x Regulatory text: https://www.codepublishing.com/CA/MenloPark/#!/MenloPark16/MenloPark1698.html x Supporting Documentation:
o El Camino Real and Downtown Specific Plan: https://www.menlopark.org/DocumentCenter/View/290/Specific-Plan---Complete?bidId= o https://beta.menlopark.org/files/sharedassets/public/community-development/documents/projects/housing-element- update/20220212-housing-element-update-community-meeting-presentation.pdf o https://covid19.sccgov.org/sites/g/files/exjcpb766/files/Documents/santa-clara-county-2021-area-median-income-ami-chart.pdf Perris, CA
x Regulatory text: https://library.municode.com/ca/perris/codes/code_of_ordinances?nodeId=COOR_TIT19ZO_CH19.86SEHOOVZOSH x Supporting Documentation:
o https://ktgy.com/work/perris-station-senior-apartments/
Other sources
x https://www.planetizen.com/definition/right-
development#:~:text=A%20by%2Dright%20approval%20(also,construction%20without%20requiring%20discretionary%20approval
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Contents
1. Introduction
i. Overview
ii. Key Takeaways
2. Documents and Policies Reviewed
3. Planning Review
i. Milpitas General Plan
ii. Specific Plans
iii. Zoning/Municipal Code
iv. Density Bonus Ordinance (Title XI-10-54.15 of the Zoning Code and Sections 65915 – 65918 of Ca Government Code)
v. Affordable Housing Ordinance (Title XII-Chapter 1 of the Municipal Code – Housing Section)
vi. SB 35
4. Development Process Review
i. Project Review & Permitting
ii. Fees
5. References
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1. Introduction
i. Overview
Several factors have made the goal of creating and preserving housing, especially affordable and special needs housing, a challenge in the City of Milpitas. Along with increasing land and construction costs, current plans and regulations can also severely limit where and how much new affordable housing can be built. Zoning laws may impose standards such as density limits and parking requirements or delays in the permitting process can become burdensome for some housing projects.
This memo reviews and summarizes some of the existing planning documents and ordinances that impact the development of housing and identifies strengths that can be enhanced and weaknesses that can be overcome through the Housing Overlay Zone project. The HOZ aims to address these challenges through relaxing requirements, providing incentives, and streamlining the permitting process to help the City’s developers and housing partners access new opportunities and allow for balanced and equitable growth in the city. This memo will help develop recommendations guiding land use, developmental standards, and processes in the next phase of the Housing Overlay Zone project. ii. Key Takeaways
x The General Plan goals and action s aim to create vibran t commercial neighborhood centers through placemaking strategies and mixed-use development that encourage social gatherings. x While the current General Plan designations NCMU and TWC allow mixed use, low FAR limits and the bundling of residential development with the amou nt of commercial space developed considerably limits the scope of constructing mixed use projects.
x The revised density limits in the draft Metro Specific Plan have the potential to be further intensified based on the proposed height limits taking advant age of the State Density Bonus Law. The Zoning Ordinance would need to be amended after the adoption of the Metro Specific Plan. x Density Bonus and other State laws provide for additional floor area, additional density, and a reduction in parking requirements. The HOZ may need to go significantly beyond state legislation to be effective on properties where state density bonus laws apply.
x The City’s current Affordable Housing Ordinance requ ires a minimum of 15% of units to be affordable, pay an in-lieu fee, or dedicate land. The HOZ could fu rther incentivize inclusionary units, or it will need to relate to projects exceeding the 15% required by the AHO. x Development Process timelines for Milp itas are in line with surrounding communities and not seen as a significant burden to development.
x Development Fees are higher in Milpitas compared to other jurisdictions in Santa Clara County owing to high entitlement fees for single-family development and high impact fees for multi-family developments.
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2. Documents and Policies
Reviewed
This memo summarizes relevant planning legislation and processes that regulate the development of housing and will inform the development of the Housing Overlay Zone. Specifically, the following regulatory planning and policy documents have been included in this memo.
Table 2-1 Overview of Plans and Policies Reviewed
Name of Plan/Policy Adoption
Date/Status
Relevance
Milpitas General Plan Adopted 2021 Outlines city-wide land use goals and actions and provides land use designations including
the mix of residential and commercial use.
Milpitas Metro Specific
Plan
Public Draft
2021
Proposes redevelopment of industrial uses
near the Great Mall area with increased
intensities and mix of uses.
Midtown Specific Plan Adopted March
2002
Updated 2010
Provides a new vision for approximately 1,000
acres with a focus on housing and
employment. An update to the plan was
initiated in 2021 and is not covered under this
memo.
Zoning Code Establishes zoning districts and defines the type of development, use, densities, height,
and parking requirement for each district.
City Density Bonus
Ordinance & State of
California’s Density
Bonus Law
City’s DBO last
amended in
2008
Provides density bonuses on a sliding scale
for different affordability criteria.
Affordable Housing
Ordinance
July 2018
Amended 2022
Requires all developments with 10+ units to
provide 15% affordable units.
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3. Planning Review
i. Milpitas General Plan
The Milpitas General Plan, adopted in 2021, includes multiple high-density residential designations, two specific plan areas, and two mixed-use zones. For the HOZ project, this report will review the Town Center (TWC) and Neighborhood Commercial Mixed-Use (NCMU) designations in detail and highlight other potentially relevant designations.
General Plan Goals, Policies, and Actions.
The General Plan Goals, Policies, and Actions set out three main goals for the commercial centers included in the TWC and NCMU plan areas -the first is to support and maintain commercial centers that serve residential neighborhoods, the second is to focus on placemaking in any redevelopment of these commercial centers to create public gather places and opportunities for outdoor uses such as outdoor cafes and other amenities, and the third is to encourage mixed-use development including residential multi-family development to “encourage social interactions.” While these goals reflect the positive outcomes of potential redevelopment and reinvestment in underperforming and aging commercial centers, there are other goals and policies that may be contradictory or limit potential redevelopment.
Specifically, the NCMU and TWC designations have requirements that significantly limit the feasibility of mixed-use projects. Generally, the Goals and Policies outline that in the NCMU zone, redevelopment results in “no net loss of viable commercial space.” This language is ambiguous and as the retail market continues to evolve, the viability and type of commercial spaces come into question. In other jurisdictions, a net loss in commercial space is often witnessed when single use shopping centers are redeveloped as mixed-use projects, with commercial FAR ranging between 10% to 25%.
The Actions in the General Plan give direct guidance on the creation of new zoning standards to support the NCMU designation and update the TC zone to reflect the guidance of the TWC designation. The actions also outline research and flexibility in standards to develop a citywide Retail Strategy and update the Zoning Ordinance to help ensure that commercial centers remain competitive and successful, as well as undertake strategic initiatives and flexible development standards for the adaptive re-use of aging centers. These actions allow more flexibility in the ability to meet the goals and policies for redevelopment of the mixed-use centers.
EXCERPT FROM GENERAL PLAN
Goal LU-6 Support commercial centers that serve residential neighborhoods and provide for a variety of convenient, successful and attractive commercial uses throughout the city.
LU 6-1 Ensure new development in Neighborhood Commercial Mixed Use (NCMU) areas includes adequate commercial components to retain commercial uses as the dominant use type, and that the redevelopment of aging centers results in no net loss of viable commercial space. The City Council may consider opportunities to waive commercial requirements in mixed use areas for 100% affordable projects that increase the affordable housing stock within Milpitas for “very low income” and “low income” categories. 1829
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Raimi + Associates 6 Milpitas Planning Documents and Process Assessment LU 6-2 As commercial centers are proposed for redevelopment, create a vibrant public realm though placemaking techniques like public gathering places, features and focal elements including outdoor cafes and other outdoor uses and amenities.
LU 6-3 Minimize the visual impact of large parking lots by locating them away from public streets and reclaim unneeded and underutilized paved areas that could be converted to neighborhood-enhancing features such as, gathering areas, pocket parks, or other community focused amenities.
LU 6-4 Maintain viable neighborhood-serving commercial uses throughout the City in order to serve surrounding neighborhoods and minimize vehicle miles traveled. Encourage a diverse mix of commercial uses including retail, service, office, entertainment, and assembly uses.
LU 6-5 Promote reinvestment in strip commercial and shopping centers and maintain, revitalize, and redevelop aging and underperforming centers.
LU 6-6 Encourage redevelopment and intensification of mixed-use areas by allowing stand-alone vertical mixed-use, or integrated horizontal mixed-use projects in mixed use areas, consistent with the Land Use Map and policies and actions included in this element.
CD 9-3 Encourage the incorporation of publicly accessible spaces, such as plazas and pocket parks, into new and existing commercial, multi-family, and mixed-use developments to encourage social interaction. The spaces should be appropriately scaled and programmed and compliment the characteristics of the district and/or neighborhood and the surrounding development.
EXCERPT FROM GENERAL PLAN
Action LU-1a Update the City’s Zoning Map as appropriate to ensure consistency with the land use designations shown on Figure LU-1.
Action LU-1b Review the Zoning Ordinance and update as appropriate to reflect Land Use goals, policies, and implementation actions included in this Plan. Specific updates include but are not limited to: 1) Creation of specific new zoning standards to support the Neighborhood Commercial Mixed-Use (NCMU) and Neighborhood Commercial (NC) land use designations to ensure that NCMU and NC areas remain primarily neighborhood serving.
Action LU-6a Continue to review development applications to ensure land use compatibility as new development applications are brought forward. Where potential impacts are identified seek opportunities to reduce impacts through site planning and design techniques including but not limited to buffering of uses, clustering, or other planning tools as necessary to reduce potential impacts to sensitive receptors.
Action LU-6b Monitor emerging trends in retail and other commercial uses, regularly engage representatives of the business community and citizen leaders, and update the Zoning Ordinance to help ensure that commercial centers remain competitive and successful.
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Raimi + Associates 7 Milpitas Planning Documents and Process Assessment Action ED-1I Develop, implement and update at least every 5 years, a citywide Retail Strategy, to reduce retail vacancies and strengthen the City’s retail tax base.
Action ED-1j To encourage redevelopment of underperforming commercial corridors and retail centers (i.e. Serra Center, Main St.), maintain flexible zoning standards allowing both vertical and horizontal mixed uses.
Action ED-3a Encourage the renovation and/or redevelopment of existing outdated facilities that have strong linkages to transit and nearby retail and recreational amenities.
Action ED-3b Undertake strategic initiatives to attract private investment in well-located properties that are currently vacant and/or underutilized.
Action ED-3d Maintain flexible development standards to accommodate a wide range of commercial space needs and facilitate the adaptive reuse of older properties.
General Plan Designations
Residential Designations (LDR, MDR, HDR, VHDR). The residential GP designations are almost exclusively built at the upper end of the density for each designation. They are only relevant to the HOZ if other areas in Milpitas are rezoned to these designations through a Specific Plan or specific project. This seems to be a typical pattern in the City in multiple locations.
QUESTION: What is the history of non-residential properties being rezoned for housing? Should the HOZ look for these types of opportunities? Example: Cerano Apartments, Murphy Ranch Road (Previously zoned Light Industrial or Industrial Park, now zoned Urban Residential) 1831
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Raimi + Associates 8 Milpitas Planning Documents and Process Assessment Neighborhood Commercial Mixed (NCMU). The NCMU designation is a new land use designation in the 2021 General Plan Update. The NCMU designation is located in four areas across the City and includes three different commercial and industrial zoning districts. The new designation allows for the development of housing on properties in the NCMU designation but includes strict limits on the amount of residential that is allowed in relation to the amount of commercial space provided. It is unlikely that a mixed-use project would be feasible if a new zoning district was created that instituted the residential to non-residential ratio requirements of the General Plan designation. The General Plan does not include a density for residential in the NCMU designation. Assuming 1,000 gross square feet per unit on average, the density of the NCMU designation would be 21 dwelling units per acre but would require 0.75 commercial to get to 21 dwelling units per acre. The General Plan does allow for discretionary approval for residential-only projects if the project is 100% affordable to the “low” and “very low” income categories.
“FLOOR AREA RATIO. Floor area ratio, referred to as FAR, is used to express the building intensity for nonresidential uses, such as commercial, industrial, community facilities, and the non-residential component of mixed-use projects. FAR refers to the ratio of the total floor area of a building or buildings on a site, excluding parking structures and outdoor storage areas, to the lot area of the site.”
EXCERPT FROM GENERAL PLAN
NEIGHBORHOOD COMMERCIAL MIXED-USE (NCMU) (FAR UP TO 0.75, AND UP TO 1 UNIT PER 1,500 SQUARE FEET OF NONRESIDENTIAL DEVELOPMENT). The Neighborhood Commercial Mixed-Use (NCMU) designation is intended to accommodate a mix of commercial and residential uses with an emphasis on commercial activity as the primary use, and residential uses, hotel, and office development allowed on a limited basis. The NCMU designation encourages active neighborhood serving uses at the ground level, including grocery stores, specialty retail, restaurants, plazas, or walk-in personal services such as banks and salons at FARs up to 0.75. This designation also provides opportunities for vertical or horizontal mixed-use residential development to provide for area vibrancy and to encourage the redevelopment of aging commercial centers by allowing Multifamily dwelling units at a rate of 1 unit per 1,500 square feet of new or rehabilitated neighborhood-serving retail and commercial services. The City Council may consider the approval of residential-only projects in the NCMU land use designation, provided the project is 100% affordable to the “low” and “very low” income categories, in order to increase the stock of affordable housing in Milpitas. Projects with a residential component are subject to additional policy direction (Policy LU 6-1) to ensure that NCMU areas continue to primarily serve surrounding neighborhoods with commercial services.
If FAR limit does not apply to residential floor area:
Assuming 1,000 gross sf per unit. 1,000 sf residential for every 1,500 sf of commercial. 40% residential:60% commercial. 0.5 FAR residential: 0.75 FAR commercial = 21 dwelling units per acre Town Center (TWC). The TWC designation updates the previous Town Center designation to allow for residential use to occur within a horizontal or vertical mixed-use project. Residential only projects are not permitted. The purpose for allowing residential is to “increase economic support to the commercial uses.” This designation allows for up to 40 units per acre and requires a minimum of 0.35 FAR for non-residential uses. In our experience, we rarely see a 0.35 FAR in a vertical mixed-use project, the amount of parking needed typically makes this amount of commercial infeasible. A range of 0.10 to 0.20 FAR for commercial.
Is more common vertical mixed-use or a mix of vertical and horizontal mixed-use projects. In addition to 1832
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Raimi + Associates 9 Milpitas Planning Documents and Process Assessment the restrictive nature of the minimum commercial FAR requirement, the maximum density of 40 dwelling units per acre is not a typical density for vertical mixed-use projects. In a podium mid-rise building type, 40 dwelling units per acre can generally fit in typically 2 floors of residential, whereas a more typical mixed-use project includes 4 or 5 story residential floors. The above analysis is typical for single projects, the redevelopment of the large format shopping centers will require more analysis and site testing to understand the how the minimum commercial FAR and maximum density would play out in a more horizontally focused mixed-use project with structured or rooftop parking. If the zoning is set per the General Plan guidance, the HOZ may provide the opportunity to increase densities to a more typical building type while providing additional affordable housing above the AHO’s 15% requirement. As part of this analysis, a more detailed economic analysis may be beneficial in the Existing Conditions phase of the project.
EXCERPT FROM GENERAL PLAN
TOWN CENTER (TWC) (UP TO 40 UNITS PER ACRE AND FAR UP TO 0.85). This designation provides for a variety of commercial, professional, civic, restaurants, hotels, residential, and entertainment uses. Projects may consist of a wholly non-residential development, or a mixed-use residential project that integrates residential and nonresidential uses vertically or horizontally. Residential-only projects are not permitted. Residential developments up to 40 units per acres may be permitted within the Town Center as part of a mixed-use development project to increase economic support to the commercial uses. Developers wanting to maximize the residential component of the parcel are required to provide a minimum FAR of 0.35 for the non-residential component. Sites developed with a mix of uses, or non-residential uses, must adhere to a FAR maximum of up to 0.85.
ii. Specific Plans
There are two specific plan areas in Milpitas. Both specific plan areas are currently undergoing an update.
The Metro Specific Plan, formerly the Transit Area Specific Plan, has a Public Draft available for review. This document does not review content for the Midtown Specific Plan/Main Street Gateway Specific Plan since that update process has just started and new content is not yet available.
Milpitas Metro Specific Plan/Transit Area Specific Plan (2021 Admin Draft) The Milpitas Metro Specific Plan (Metro plan) creates eight land use classifications and zoning districts that are specific to the Metro plan area. The Metro plan estimates an addition of 5,000 to 7,000 new residential units within its boundaries. The Metro plan does not have a specific affordable housing strategy that is different from city-wide inclusionary housing ordinance. “The currently calculated draft capacity for additional residential units in Milpitas Metro is 5,000-7,000 total, with 2,000-4,000 units on the Great Mall site, and 3,000 units on other sites. When the Housing Element is developed, the City will determine which sites to include in the Housing Element.”.
Zoning Districts. Of the eight new zoning designations in the Metro Specific Plan, five districts allow residential development. The plan also identifies “Areas of Change” that include potential development 1833
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Raimi + Associates 10 Milpitas Planning Documents and Process Assessment sites within the plan area since much of the land has been developed in the last 15 years under the TASP plan. Table 3-1 below is excerpted from the draft plan and shows preliminary densities and heights and associated zoning districts. The FAR’s and densities are net, excluding required streets and open spaces.
The plan also states that the HOZ may allow for increased housing densities in the plan area. “The City is developing Housing Opportunity Zones (HOZ), which will designate opportunity areas for increased housing densities. Proposed development projects in the HOZ will be eligible for additional densities provided that they comply with City requirements including design standards and affordable housing requirements.” Many sites within the “Areas of Change” are located in the Great Mall site and designated Residential Retail High Density Mixed Use (RRMU) which allows for up to 85 units per acre on a residential only project or up to 2.5 FAR in mixed-use project with upper floor residential up to 85 feet in height. These numbers are in-line with the allowed FAR but a typical mid-rise residential only or mixed-use building with 5 residential floors could produce up to 120 to 140 dwelling units per acre. The difference between allowed density and estimated density per prototypical building type provides an opportunity for the HOZ to create an incentivized structure for additional density that is above what is allowed according to State Density Bonus law. Similarly, the housing densities in the MFH and VHD classifications are artificially low compared to the height limits. The URR classification’s density of up to 120 units per acre is more in-line with a prototypical building type at 6 stories with associated affordable housing density bonuses.
Table 3-1 Metro Plan Residential Land Use Designations
Land Use
Designation
Density
(units per
acre)
Maximum
Height
Active Use
Requirements
Zoning
Residential Retail
High Density
Mixed Use
(RRMU)
Mixed Use1:
1-2.5 FAR
Residential
Only: 40-85
units/ac
85 feet
Within 60 feet of
adjacent existing
residential zoned
parcels, building
height shall be
stepped down to
be the same max
height plus 10 feet
of the adjacent
parcel.
Ground floor retail and
active uses are
required on 80 percent
of the ground floor
facade along any
Shopping Street.
Metro High
Density
Mixed Use
(MXD2-
Metro)
Boulevard Very
High Density
Mixed Use
(BVMU)
Mixed Use1:
2.5-5.0 FAR
275 feet
50 percent of base
footprint above 85
feet and 25
Ground floor retail and
active uses are
required on 80 percent
of the ground floor
Metro Very
High Density
Mixed Use
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Raimi + Associates 11 Milpitas Planning Documents and Process Assessment Residential
Only: 85-250
units/ac
percent of base
footprint to a
maximum height
of 275 feet tall
facade along any
Shopping Street.
(MXD3-
Metro)
Multi-Family
High Density
Residential
(MFH)
Residential:
30-40
units/ac
75 feet N/A Metro Multi-
Family High
Density
Residential
(R3-Metro)
Multi-Family
Very High
Density
Residential
(VHD)
Residential:
40-85
units/ac
35-85 feet N/A Metro Multi-
Family Very
High Density
Residential
(R4-Metro)
Urban Residential
(URR)
Residential:
70-120
units/ac
6 stories and 75
feet
N/A Metro Urban
Residential
(R5-Metro)
1 On Housing Element opportunity sites, upper story non-residential uses are prohibited.
Parking. The Metro plan includes a significant reduction in parking requirements from the city-wide zoning code. The Metro plan introduces a maximum allowed parking ratio and a minimum number of spaces per unit without specifying number of bedrooms. In addition to the requirements in the table below, further reductions are possible conditionally.
Table 3-2 Metro Specific Plan Parking Requirement
Land Use Minimum Requirement Maximum Requirement
Residential/Lodging 0.5 spaces per unit 1.5 spaces per unit Non-Residential 1 space per 1,000 sf 2 spaces per 1,000 sf
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Raimi + Associates 13 Milpitas Planning Documents and Process Assessment iii. Zoning/Municipal Code
Neighborhood Commercial Mixed-Use (NCMU)
The areas identified in the General Plan NCMU designation include three zoning districts (see table below). These zoning districts do not allow residential uses and have floor area and height limits that would be restrictive to developing residential and mixed-use residential projects. The zoning district will need to be updated within the HOZ process.
Town Center (TWC)
The TWC General Plan designation includes only one zoning district, TC (see table below). The maximum FAR in the zoning district is in line with the TWC designation at 0.85 FAR. The TC Zone does not allow residential uses, but three residential projects have been approved and built within the district. The zoning district will need to be updated during the HOZ process to allow for residential uses per the General Plan designation. As noted in the General Plan review, the maximum density of 40 dwelling units per acre may limit economic feasibility. The existing maximum building height of 35 feet would force projects into a horizontal mixed-use format. To achieve a vertical mixed-use product in the 40 dwelling units per acre density, a minimum of 4 stories and 50 feet of height would be needed. If through the HOZ or through the writing of new zoning greater densities were allowed, vertical mixed-use projects would be more feasible at 6 to 8 stories and up to 85 feet in height.
EXCERPT FROM ZONING CODE Town Center (TC) Zone. The purpose and intent of this zone is to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities in the geographic center of the City to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the City's transportation network.
Table 3-3 FAR and Height Requirement by Zoning District Zone Floor Area Ratio (FAR) Building Height
Zoning Districts within NCMU
Neighborhood Commercial
(C1)
0.35 FAR 35 ft/ 2.5 stories
General Commercial (C2) 0.50 FAR no building height maximum Industrial Park (MP) 0.5 FAR 35 ft/3 stories
Zoning Districts within TWC
Town Center (TC) 0.85 FAR 35 ft/3 stories or higher with conditional use permit
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Raimi + Associates 14 Milpitas Planning Documents and Process Assessment Parking
The following tables show minimum requirements for the different land uses in the zoning designations relevant to the HOZ. The zoning code does allow for shared parking through a conditional use permit.
Table 3-4 Parking Requirements for Mixed and Multi-family Zoning Districts Mixed-Use + Multi-Family Minimum Parking Spaces Required (parenthesis inclusive of guest parking)
Studio 1 space per unit (1.15)
1 Bedroom 1.5 spaces per unit (1.75)
2-3 Bedroom 2 spaces per unit (2.15)
4 or more 3 spaces + 1 per additional bedroom (3.15)
Senior Housing 1 space per unit + 2 per manager’s unit
Guest Parking
15% of the total required (structured)
20% of the total required (private garages)
Bicycle Parking 5% of the total required (Residential + Commercial Uses) Ground Floor Retail 1 per 250 sq. ft.
Office If building is 1,000 sq. ft. or smaller: 1 per 250 sq. ft.; If building is larger than 1,000 sq. ft.: 3.3 per 1,000 sq. ft.
Other Uses Refer to specific uses in table
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Raimi + Associates 15 Milpitas Planning Documents and Process Assessment Table 3-5 Parking Requirements for Commercial Zoning Districts Commercial Use (single-use) Minimum Parking Spaces Required Commercial Services 1 (floral shops, barber
shops, dry cleaners, Laundromats, photocopy
shops)
1 per 200 sq. ft.
General Retail and Convenience Stores 1 per 200 sq. ft.
Financial institutions (banks, savings and loans,
etc.) 1 per 180 sq. ft.
Offices, administrative and business services 1 per 240 sq. ft.
Bars, Drinking Establishments 1 per 30 sq. ft.
Restaurants (Sit Down) 1 per 39 square feet of dining area.
Restaurants (Take Out) 1 per 2.5 seats (indoor/outdoor) plus 1 per 60 sq. ft. GFA for the ordering or take out area.
Shared parking may be applied in the following situations:
1. In mixed-use developments, which include one or more businesses that are complementary, ancillary, or support other activities. A typical mix of uses includes, but is not lim ited to: residential, office, restaurants, retail, colleges, churches, cinemas, and special event situations if they can demonstrate that demand patterns vary among uses.
2. In shopping centers, when more than twenty percent (20%) of gross leasable area is occupied by dining and entertainment uses, (not including pad restaurants, unless they are located within 300 feet of the main shopping center building) shared parking may be applied.
Required Review. Shared parking proposals may be allowe d with the approval of a Conditional Use Permit, in accordance with Subsection 57.04, Condi tional Use Permits, of this Chapter.
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Raimi + Associates 16 Milpitas Planning Documents and Process Assessment iv. Density Bonus Ordinance
(Title XI-10-54.15 of the Zoning Code and Sections 65915 – 65918 of Ca Government Code)
The City of Milpitas’ Density Bonus Ordinance (DBO) was last amended in 2008. The State of California’s Density Bonus Law (SDBL) explicitly supersedes any local ordinances and takes precedence when there is any conflict between the two, however, a city may provide additional density bonus over the minimum state requirement. The SDBL has been extensively amended over the last five years with multiple State laws. This report will primarily describe the SDBL and only the features of the DBO that are unique and not superseded by state law. The focus of this report is also primarily on aspects relevant to the goals of the HOZ.
Description of relevant City and State Density Bonus Regulations:
The State Density Bonus Law allows developers of projects with five or more dwelling units to obtain more favorable local development requirements in exchange for building or donating land for affordable or senior units. The SDBL (found in California Government Code Sections 65915 – 65918) provides incentives similar to what could be included in a Housing Overlay Zone to encourage the development of housing, including increase in project densities and reduction of parking or development standards depending on the amount of affordable housing or other specified community benefits (Nave, 2021).
Local jurisdictions are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following:
x At least 5% of the housing units restricted to very low-income residents. x At least 10% of the housing units restricted to lower income residents. x At least 10% of the housing units in a for-sale common interest development restricted to moderate income residents.
x 100% of the housing units (other than manager’s units) restricted to very low, lower and moderate- income residents (with a maximum of 20% moderate).
x At least 10% of the housing units targeted for tr ansitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low-income level. x The project donates at least one acre of land to the city for very low-income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
x The project is a senior citizen housing development (no affordable units required).
The amount of the density bonus is set on a sliding scale, based upon the percentage of affordable units at each income level. Base density allowed is calculated based on either the zoning district or General Plan land use designation, whichever allows higher density. Affordable projects with as little as 5% Very Low income or 10% Low Income units are eligible for up to 50% increase in density. Projects which have all affordable units are eligible for an 80% increase in density.
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Raimi + Associates 17 Milpitas Planning Documents and Process Assessment In Milpitas, If the housing development meets criteria- at least 5% of the housing units restricted to very low-income residents or at least 10% of the housing units restricted to lower-income residents, the density bonus shall be an increase of 20% over the maximum allowable residential density under the general plan and zoning ordinance. If the housing development meets criterion- Ten percent (10%) of the total dwelling units in a condominium project restricted to moderate income, the density bonus shall be an increase of five (5%) percent over the maximum allowable residential density under the general plan and zoning ordinance.
Parking
Upon the developer’s request, the city or county may not require more than the following parking ratios for a density bonus project (inclusive of parking for persons with disabilities):
x Studio or 1 Bedroom – 1 space
x 2 or 3 Bedroom – 1.5 spaces
x 4 Bedroom 2.5 spaces
Even lower parking ratios apply to affordable housing projects that are within specific proximity of transit services and facilities (although local jurisdictions can require higher parking ratios if supported by a parking study).
Concession and Waivers
In addition to the density bonus, the city or county is also required to provide one or more “incentives” or “concessions” to each project which qualifies for a density bonus. A concession or incentive is defined as reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements, or other regulatory incentives or concessions which actually result in identifiable and actual cost reductions. The number of required incentives or concessions is based on the percentage of affordable units in the project, with the larger the percentage of affordable units and the higher.
If any other city development standard would physically prevent the project from being built at the permitted density and with the granted concessions/incentives, the developer may propose to have those standards waived or reduced. The city is not permitted to apply any development standard which physically precludes the construction of the project at its permitted density and with the granted concessions/incentives other than those that would cause a problem for public health, safety, the environment, historical property, or would be contrary to law.
Bonus related to proximity to transit
Height or FAR limits in the local zoning are development standards for which waivers can be requested for a density bonus project. E
ligible 100% affordable housing developments built within a half-mile of a major transit stop may increase building height by 3 additional stories or 33 feet over any prescribed zoning standard and have no other limit on density.
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Raimi + Associates 18 Milpitas Planning Documents and Process Assessment The SDBL also requires that cities and counties provide a “development bonus” to commercial developers who partner with affordable housing developers for the construction of affordable housing on the commercial project site, or offsite within the jurisdiction located near schools, employment and a major transit stop. Unlike the primary Density Bonus Law, there is no fixed amount of increased density available.
Instead, the development bonus can be any mutually agreeable incentive, including up to a 20% increase in development intensity, floor area ratio, or height limits, up to a 20% reduction in parking requirements, or other exceptions (Meyers Nave, 2021).
Under new amendments effective in 2019, a local jurisdiction is also permitted under the SDBL to grant a floor area ratio bonus rather than a traditional density bonus to certain high density affordable housing projects adjacent to public transit. This option would need to be specifically adopted by the Milpitas City Council as an amendment to the City’s DBO since it is not automatically available. Eligible projects are also entitled to special parking ratios of one-tenth of a parking space per affordable unit and one-half space per market rate unit. To be eligible for the floor area ratio bonus, the project must restrict at least 20 percent of the units to very low-income tenants, must be located within a transit priority area or near a major transit stop, and must be in compliance with local height limits. (Meyers Nave, 2021).
Analysis of how these standards relate to HOZ goals
Milpitas has not had much affordable housing development of any type, so a variety of categories of incentives in the HOZ would be appropriate. The HOZ Existing Conditions Report, and the Housing Element are examining the inventory and pipeline of housing concurrently and the need for different types of housing. It is important to grant additional waivers from zoning standards to facilitate development that provides more affordability: One set of waivers in addition to the SDBL could apply to projects with 50% affordable housing, and a larger waiver could apply to 100% affordable projects. These waivers can exceed SDBL because the amount of affordable housing will exceed what is required in the State law.
In addition to amending the base commercial/mixed use zoning to have FAR density consistent with the NCMU and TWC, there is an opportunity for the HOZ to also consider an additional FAR bonus for residential projects with 50% or 100% Affordable units. This could include an amendment to Section XI- 10-54.14 of the Zoning along with the creation of the HOZ section of the code.
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Raimi + Associates 19 Milpitas Planning Documents and Process Assessment v. Affordable Housing Ordinance
(Title XII-Chapter 1 of the Municipal Code – Housing Section) The City of Milpitas’ Affordable Housing Ordinance (AHO) came into effect in July 2018 and was recently amended in February 2022. The AHO sets out the minimum percentage of affordable dwelling units, compared to the SDBL and the HOZ provisions which are optional for developments providing much higher percentages of affordable housing onsite. The AHO requires all new residential projects with ten or more units to develop 15% of the total number of units as affordable units. This Report summarizes the most relevant provisions and identify issues that impact the HOZ goals and objectives.
Description of relevant AHO Regulations:
The required income levels for inclusionary units are very broad: rental developments may provide either very-low or low-income units, and ownership development may provide very-low-, low-, or moderate- income units.
The Ordinance provides incentives to developers to provide affordable housing units on site, however, a developer may satisfy the affordable housing requirement in other ways. All exceptions to the AHO requirement require City Council approval prior to the approval for development of the project. x Pay fees in lieu of creation of affordable units. Ownership housing projects must request and secure approval from the City Council for paying fees in lieu of construction, whereas rental projects do not need special approval for this option. The affordable housing fees are adopted by City Council Resolution and adjusted annually for inflation. This section was updated after initial adoption to make it more likely for ownership projects to provide affordable units on site. x Construct affordable units off-site. With the approval of the City Council, the developer may conditionally construct affordable units at another location within the city. x Dedicate land. The City Council may conditionally permit an applicant to dedicate land to the City or a City-designated local non-profit housing developer in lieu of construction of some or all the required affordable units.
x Transfer credit. Affordable unit credits are issued for each additional affordable unit constructed over the required number. The applicant may then use the credits to satisfy the requirements for another project in the City.
x Transfer equivalent square foot. The applicant may choose to provide more units in an overall development; however, the gross square footage of the proposed affordable units cannot be less than the square footage of the required affordable units.
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Raimi + Associates 20 Milpitas Planning Documents and Process Assessment Table 3-6 Residential Projects Affordable Housing Fee
Building Permit
Application Date
Ownership Ownership Ownership Rental
Single Family
(Fee/Sq Ft)
Townhome
(Fee/Sq Ft)
Condominium
(Fee/Sq Ft)
Apartment
(Fee/Sq Ft)
July 1, 2019 – June 30, 2020 $33.00 $33.00 $33.00 $33.00 July 1, 2020 – June 30, 2021 $35.13 $35.13 $35.13 $35.13 July 1, 2021 – June 30, 2022 $37.11 $37.11 $37.11 $37.11 Each Subsequent Fiscal Year Adjusted by Rate Index per Affordable Housing Ordinance
Non-Residential Affordable Housing Impact Fee
Any non-residential development in the City is subject to payment of a non-residential affordable housing impact fee. Some non-residential uses such as day care, nursery, school facilities, hospitals are exempt from this impact fee. Other uses not listed in the ordinance may be exempt if the City Council determines that the development will have a minimal impact upon the demand for affordable housing. The impact fee is be calculated on a per square foot basis for net new gross floor area. Thus far, the pipeline non- residential projects have not reached the building permit approval stage, so no impact fee has been collected by the City. The non-residential requirement in the NCMU and TWC zone will lead to higher affordable housing impact fee for new projects in these zones.
Table 3-7 Non-Residential Projects Affordable Housing Impact Fee Building Permit Application
Date
Commercial (Office, Retail
and Hotel) (Fee/Sq Ft)
Industrial (R&D,
Manufacturing and
Warehouse) (Fee/Sq Ft)
July 1, 2019 – June 30, 2020 $4.00 $1.00
July 1, 2020 – June 30, 2021 $6.00 $3.00
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Each Subsequent Fiscal Year Adjusted by Rate Index per Affordable Housing Ordinance Incentives to Encourage On-Site Construction of Affordable Units If an applicant provides affordable units in excess of 20 percent of the total number of units in the project the City provides the following incentives:
1. Planning waivers: Director of Planning shall grant up to two of the waivers listed below that help increase the feasibility of the construction of affordable units. The applicant will receive an additional two waivers from the list below for every additional 5 percent of affordable units provided above the 20 percent.
x Priority processing.
x Reduced setback requirements not to exceed 50 percent of the minimum required setback. x Greater floor area ratio (FAR) not to exceed 50 percent of the maximum FAR for commercial space in mixed use zoning.
x Reduced landscaping requirements.
x Reduced interior or exterior amenities.
x A maximum 20 percent reduction in parking requirements. x Height restriction waivers not to exceed 20 percent of the maximum zoning height limitations and in no event to exceed the general plan height limitations.
2. Fee deferral:
x Development Processing Fees. The City Manager may approve deferred payment of City processing fees applicable to the review and processing of the project. The terms and payment schedule of the deferred fees shall be subject to the approval of the City Manager. x Development Impact Fees. The City Manager may authorize the deferred payment of development impact fees applicable to affordable units. Approval of this incentive requires demonstration by the Applicant that the deferral increases the project's feasibility. The applicant must provide appropriate security to ensure future payment of such fees.
Analysis of how these standards relate to HOZ goals
The AHO is a minimum requirement for projects with ten or more dwelling units, regardless of whether it is residential only or a mixed-use project. This ordinance is also applicable regardless of zoning district. If the income levels and number of affordable housing units meet the requirements for Density Bonus Law, the project would be eligible for the benefits under SDBL or any local density bonus.
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California Senate Bill 35 (SB 35) is a state law (California Government Code Section 65400 and 65582.1) that streamlines the development review process for affordable housing projects in local jurisdictions that have not made adequate progress toward meeting their Very-Low- and Low-income Regional Housing Needs Allocations (RHNA). Projects in Milpitas with 50% affordable housing (as defined in the California Government Code) are eligible for SB 35 streamlining.
SB 35 requires jurisdictions to review applications within 60 days for developments with 150 or fewer units and within 90 days for developments with over 150 units to determine if the project qualifies for streamlined review. If the application is deemed eligible for streamlined review, the city must then review and approve the project within 90 days after application submittal.
Exemption from CEQA is one of the major benefits for projects using SB 35. However, If HOZ eligible projects are allowed to be approved by-right with no discretionary actions, this may eliminate the CEQA requirement for these regardless of SB 35 eligibility.
The City of Milpitas has not adopted any specific guidance regarding SB 35 projects. Thus far, the City has only one project (112 below-market-rate, 100% affordable) in the pipeline that qualifies for SB 35 streamlined approval. Other project details are discussed in the sections below.
Example SB 35 Project
Density Bonus
The City has only one project (112 below-market-rate, 100% affordable) in the pipeline that qualifies for SB 35 streamlined approval. The project site, located within the Transit Area Specific Plan (Milpitas Metro Plan) planning area and within one-half mile of high-quality public transit (Great Mall VTA light rail station), takes advantage of the State Density Bonus Law where there is no maximum density limit if the project is in close proximity to transit. The project is proposed at a density of 117 units per acre where the base density under the General Plan allows 41-60 units per acre. The project site is located in the R4-TOD Multi-family Very High-Density Residential Zoning District with a Transit-Oriented Development Overlay which allows 41-60 dwelling units per acre.
Parking
The proposed project includes no vehicular parking. Pursuant to Government Code Section 65913.4(e)(1)(A), the City is prohibited from imposing automobile parking standards on a project deemed eligible for streamlined review under SB 35 when it is located within ½-mile of public transit.
Concessions and Waivers
Per Density Bonus Law, the applicant requested the maximum four concessions allowed (modifications to Front Yard Setback, Side Yard Setback, Rear Yard Setback, and Residential Open Space) -- resulting in ‘actual and identifiable cost reductions.’ The applicant also requested two waivers (Private Open Space and On-Street Bicycle Parking) to enable the project to be built at the proposed density. 1846
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Raimi + Associates 23 Milpitas Planning Documents and Process Assessment Development Fees
The project is required to pay the Transit Area Specific Plan Development Impact Fee (TADIF) set at $44,009 per residential unit. Projects with more than 20 units are required to devote at least one half of one percent of the Building Development Cost towards the purchase and installation of public art at the project site. The project was not exempt from TADIF or the public art requirement. 1847
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4. Development Process
Review
i. Project Review & Permitting
Standardized and transparent project review and streamlined permit processing are critical steps to assist the development of housing projects in the city. This section reviews the various steps in the project review process and analyzes estimated timelines for approvals to identify barriers or constraints to realize the housing goals stated in the General Plan and the Specific plans including the Housing Element. This review is based on information provided by City staff and the city website and will need to be corroborated and refined with discussions with housing developers. A summary of relevant issues and recommendations will be part of the HOZ Existing Conditions Analysis as well as the Constraints section of the Housing Element after stakeholder meetings with developers, both for-profit and not-for-profit.
Process
Project review in Milpitas is conducted in two phases: the first is the planning/zoning entitlement approval and second is the building permit approval. In the first phase, Planning staff and relevant City departments determine whether the project is consistent with the General Plan, Specific plans, the Zoning ordinance and other relevant regulatory requirements. Uses that are permitted by-right in a zoning district may only require administrative review by Planning staff. More complex development projects or uses that require a Conditional Use Permit are reviewed by the Planning Commission and/or the City Council.
Following the approval of the appropriate planning entitlements, the building permit applications are reviewed by different City departments to check for consistency in the design and requirements for safety and improvements. The developers are expected to pay all the associated planning fees, impact fees and other fees in advance of building permit approval.
The different stages outlined for a developer in the City’s Development Review handbook are as follows-
1. Pre-application Meeting and Review. The City offers a pre-application meeting and review session to facilitate the processing of development proposals. The pre-application process provides an opportunity for applicants to receive early feedback from City staff before project plans are finalized.
2. Planning Review and Processing. After the application is formally submitted, Planning staff and other City Department staff review the submitted materials within 30 days to make sure all necessary information is included. For large projects, meetings with the community and with decision-makers may be recommended to receive feedback for public hearings.
3. Noticing and Decision Making. Prior to issuing the approval, Planning staff prepares the required staff report, conditions of approval, and findings of approval. A public hearing is scheduled where the Planning staff present the project to the hearing body with a staff recommendation and answer any questions related to the project. 1848
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4. Permitting. The Building Safety and Housing Department issues building permits by reviewing construction plans to make sure the project complies with applicable State and local laws. During this stage, other City Departments and Outside Agencies may need to review the project as necessary. The applicant is required to pay all the associated fees during the building permit application submission.
5. Construction. After procuring all the necessary planning and building permit, the project moves into the construction and inspection phase with the Milpitas Building Safety and Housing Department to ensure that the construction is as per approval and that the building is safe for occupancy. The Certificate of Occupancy is awarded at the end of this phase.
Timelines
Delays due to permitting can lead to increased project costs which can serve as a constraint to housing production and affordability. Table 4-1 below shows the average processing times for different residential development applications and building permits from 2019. In Milpitas, provided the project is consistent with the City’s Zoning Ordinance, General Plan, or any applicable Specific Plan, simple projects’ planning application permit reviews are estimated to take about 1 month. For complex projects, without CEQA requirements, the planning permit review process can take up to 6 months and with CEQA can take more than 11 months. The Planning Commission and City Council have two regularly scheduled public meetings every month.
Table 4-1 Processing Times for Applications and Building Permits Type of Development Months (Planning
Application)*
Months (Building
Permit)*
ADU Ministerial (by-right) 0 to1 month 1 to 6 months
Ministerial (by-right)
Includes projects that comply with applicable
building, zoning and development regulations.
0 to 1 month 1 to 6 months
Discretionary (Staff)
Includes coastal development permits,
neighborhood development permits,
neighborhood use permits
0 to1 month 2 to 12 months
Discretionary (Hearing Officer)
Includes variances, certain site development
permits, and certain conditional use permits
2 to 4 months 6 to 18 months
Discretionary (Planning Commission) 3 to 12 months 12 to 24 months 1849
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Raimi + Associates 26 Milpitas Planning Documents and Process Assessment Includes certain conditional use permits,
certain site development permits, and planned
development permits
Discretionary (Planning Commission and
City Council)
Includes tentative maps, condominium
conversion maps, easement vacations, public
right-of-way vacations, rezoning, and land use
plan amendments
3 to 12 months 12 to 24 months
*Based on City of Milpitas submission to Santa Clara County Collaborative
Milpitas’s review and approval timelines are longer than average times taken by other jurisdictions in Santa Clara County. Streamlining the permitting and approval processes further can assist developers and property owners interested in developing housing in Milpitas. Issues and opportunities to improve timelines will be further explored in discussions with developers in the next phase of the project.
California’s Housing Accountability Act (HAA) requires local governments to process and review, approve, or disapprove housing developments within very tight timeframes if an applicant requests this (Government Code section 65589.5)
In these cases, a city must review and notify an applicant within 30 days as to whether the application is complete. After completeness, the City must determine if a project is consistent with objective standards (specifically defined) that must be identified and set at the time of Pre-application or Completeness review. The City must provide written notice of inconsistency (if applicable) to the applicant within 30 days of application for projects with 150 or fewer units (60 days for more than that). Any discretionary hearings or internal review must be completed within these timeframes. Projects qualifying for HOZ incentives will almost always qualify under the HAA provisions for “Housing for Very Low, Low- or Moderate-Income Households” which is subject to further streamlining provisions. Based on preliminary data from other cities in Santa Clara County, these processing times do not provide any extraordinary constraint to development but can be further streamlined.
A project meeting the Very Low/Moderate standard may not be disapproved, rejected, or otherwise made infeasible unless extensive findings are made including that the project would “have a specific, adverse impact upon public health or safety and there is no feasible method to mitigate or avoid the impact…” unless the local government has met or exceeded its RHNA, or project denial or conditions are required to comply with specific state or federal law. Compared to these HAA standards, the City of Milpitas’ development review times most recently documented would likely need to be accelerated for projects that meet the criteria. The averages shown in the table above are not outside of the range of time frames reported by other cities in Santa Clara County and are not high enough to constitute a significant constraint to the typical development.
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Local governments collect fees from new developments to over administrative costs and to provide improved infrastructure to serve the residents of that development. These payments are required upfront during the plan review period, however, a deferral may be provided to a developer if they provide on-site affordable units as stated in the AHO.
Table 4-2 Different Fees associated with Residential Developments Fee Type Single Family Multifamily Small
(per unit)
Multifamily Large
(per unit)
Entitlement Fees $17,359 $3,671 $367
Building Permit
Fees
$23,110 $13,111 $6,616
Engineering Fees $25,000 $5,000 $1,000
Fire Fees $1,120 $568 $353
Impact Fees (non
TASP)
$0 $29,064 $29,064
Other $10,600 $3,468 $3,264
TOTAL $77,797 $54,882 $40,664
Santa Clara County
Average*
$74,831 $34,752 $27,563
*Based on Draft Presentation from Santa Clara County Collaborative Meeting March 10, 2022
Compared to other cities in Santa Clara County, Milpitas has higher fees per unit for single and multi- family developments. Milpitas has the highest Entitlement Fees in the County for single family developments and high impact fees for multi-family developments. Impact Fees and other Developmental Fees are explored in detail in the following sections.
Impact Fees
The Calaveras Widening Traffic Impact Fee is collected to widen Calaveras Boulevard to mitigate the traffic impacts caused by new development in the area outside the TASP. Additionally, the Transit Area 1851
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Table 4-3 Different Impact Fees for Residential Developments Impact Fees
Amount (as of June 2021)
In TASP Not in TASP
Transit Area Development Impact fee
(TADIF)
$44,090 per unit $0
Calaveras Widening Traffic Impact Fee
(5 or more units)
$0 $314 per unit
Public Art Fee 0.5% of construction cost 0.5% of construction cost Park-in Lieu Fee $4,500 $28,750
Total ~$48,590 ~$29,064
Based on City of Milpitas submission to Santa Clara County Collaborative
The average impact fee per unit for a multi-family project in Milpitas in the TASP area is $48,500 which includes the TADIF which applies to a limited area for very specific required infrastructure. The typical impact fee per unit in other parts of the city would be $29,064 for traffic impacts and parks. The Park-in Lieu Fee makes up 99% of impact fees outside of the TASP. A comparison of impact across different jurisdictions is shown in the table below.
Table 4-4 Comparison of Impact Fees for Multi-family and Single-family Developments Unit Type Milpitas Santa Clara* Mountain
View*
Fremont**
Multi-family $29,064 $10,750 $34,000 $22,331
Single family $0 $54 $71,347 $35,334
* Based on Draft Presentation from Santa Clara County Collaborative Meeting March 10, 2022 **(Terner Center for Housing Innovation, Residential Impact Fees in California, 2019) https://www.hcd.ca.gov/policy- research/plans-reports/docs/impact-fee-study.pdf
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Table 4-5 Additional Fees and Taxes for Residential Developments Type of Dwelling Amount (as of June 2021)
Single Family Multi-Family
Storm Drain Fee $1,100 to $6,469 based
on lot size
$16,771 per acre
Water Connection Fee $1,910 $1,164
Sewer Connection Fee $1,908 $1,406
Wastewater Treatment Plant $880 $690
School Fee $4.08 per sf
Based on City of Milpitas submission to Santa Clara County Collaborative
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5. References
City of Milpitas General Plan 2040 https://www.ci.milpitas.ca.gov/wp-content/uploads/2021/05/Milpitas- General-Plan-Final_Online-Version.pdf
Milpitas Metro Specific Plan Public Draft October 2021
https://static1.squarespace.com/static/5e75399ccb15c56a8859a18c/t/6165e2757e009e72675d5bdc/16340 67068041/Milpitas+Metro+Specific+Plan+Public+Draft+10122021+%28Reduced+File+Size%29.pdf City of Milpitas Zoning Ordinance
https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITXIZOPLAN_CH10ZO_S3Z ODI
City of Milpitas Affordable Housing Ordinance
https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITXIIHO_CH1AFHOOR City of Milpitas City Council Meeting Minutes Feb 1, 2022 https://www.ci.milpitas.ca.gov/_pdfs/council/2022/020122/Attachments.pdf City of Milpitas Development Review Handbook https://www.ci.milpitas.ca.gov/wp- content/uploads/2022/01/DevReviewHandbook_FINAL_web_1-12.pdf City of Milpitas Annual Report of Fees and Expenditures for the Fiscal Year ended June 30, 2021 https://www.ci.milpitas.ca.gov/wp-content/uploads/2021/12/annual-development-fees-expenditures- fy2021.pdf
Santa Clara County Collaborative Draft Presentation March 10, 2022 https://storage.googleapis.com/proudcity/santaclaracountycacities/uploads/2022/03/Collaborative- Meeting-3.10.22-.pdf
Residential Impact Fees in California 2019, Terner Center https://ternercenter.berkeley.edu/wp- content/uploads/pdfs/Residential_Impact_Fees_in_California_August_2019.pdf Meyers Nave, Guide to the California Density Bonus Law, 2021 https://www.meyersnave.com/wp- content/uploads/California-Density-Bonus-Law_2021.pdf
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EXHIBIT 2
CEQA EXEMPTION MEMORANDUM
Category - 2D
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1 MEMORANDUM
Planning Department
To: Ned Thomas, AICP, Planning Director, City of Milpitas From: Kristina Phung, Associate Planner, City of Milpitas Subject: 612 South Main Street Project Categorical Exemption Date: February 14, 2023
This memorandum supports the finding that the proposed project at 612 South Main Street “Project” would be exempt from further review pursuant to California Environmental Quality Act (CEQA) Section 15332 (In-Fill Development Projects). The Project site located at 612 South Main Street is a combination of two adjacent parcels:
600 South Main Street (APN 086-25-028) and 612-650 South Main Street (APN 086-25- 027) in the City of Milpitas, Santa Clara County. The proposed Project is described in the attached staff report. All supporting technical studies referenced herein are included as Exhibit 3.
Class 32 Infill Exemption, Per CEQA Guidelines Section 15332 Article 19 of the California Environmental Quality Act (CEQA Guidelines Section 15300 to Section 15333) includes a list of classes of projects that have been determined to not have a significant effect on the environment and as a result, are exempt from review under CEQA. Among the classes of projects that are exempt from CEQA review are those projects that are specifically identified as urban in- fill development. CEQA Guidelines Section 15332 (Class 32) consists of projects characterized as in- fill development when meeting the following conditions:
x (a) The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; and
x (b) The proposed Project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; and x (c) The Project site has no value as habitat for endangered, rare or threatened species; and
x (d) Approval of the proposed Project would not result in any significant effects relating to traffic, noise, air quality or water quality, and x (e) The site can be adequately served by all required utilities and public services.
The analysis presented in the following section provides substantial evidence that the proposed Project qualifies for an exemption under CEQA Guidelines Section 15332 as a Class 32 urban in-fill development, and would not have a significant effect on the environment. Section 15183(a) of the California Environmental Quality Act (CEQA) 131
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2 Guidelines states that “…projects which are consistent with the development density established by the existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as may be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.”
Section 15332 (a): General Plan & Zoning Consistency
Yes No The Project is consistent with the applicable General Plan designation and all applicable planning policies and is consistent with the applicable zonin
g designation and regulations. X
As described in the staff report and in Table 1 of Exhibit A, the Project is consistent with the Milpitas 2040 General Plan and policies and meets the majority of the Mixed Use (MXD) zoning designation and regulations under the Midtown Specific Plan. The Project was submitted under SB 330 (Housing Crisis Act of 2019) and as the Project is restricting the sale of more than 10 percent of the housing units to moderate-income residents, the Project qualifies for concessions, waivers, and parking reductions under the mandated State Density Bonus Law. Therefore, the City must grant the requested Project waivers to the front and rear yard setback development standards and allow for parking reductions if those development standards would physically preclude the development from construction and do not cause a public health or safety problem.
Section 15332 (b): Project Location, Size, and Context
Yes No The proposed Project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
X
The Project is on a site less than five acres at approximately 2.35-acres and is entirely surrounded by urban uses with existing developed lots including a car wash, assembly place, self-storage business, commercial shopping plaza, streets, landscaping, and associated existing infrastructure and utilities.
Section 15332 (c): Endangered, Rare or Threatened Species
Yes No The Project site has no value as habitat for endangered, rare or threatened species.
X
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3 The Project site includes one lot that is vacant and undeveloped and one paved lot with an existing two-story commercial and office building located within a developed urban area. The Project site has no significant riparian corridors, estuaries, marshes, wetlands, or any other potential wildlife habitat that might contain endangered, rare or threatened species as documented by the Biological Constraints Analysis for the 612- 630 South Main Street Project prepared by FirstCarbon Solutions dated May 20, 2022.
The Project will remove 13 Ordinance-sized trees and will be subject to all bird nesting mitigation measures within the adopted Midtown Specific Plan EIR, as included in the Conditions of Approval. Thus, the Project site has no value as habitat for rare, threatened, or endangered species.
Section 15332 (d): Traffic, Noise, Air Quality, or Water Quality
Yes No Approval of the proposed Project would not result in any significant effects related to traffic, noise, air quality or water quality.
X
Traffic: The proposed Project will result in an increase of 57 units which will have a negligible effect on traffic based on the International Traffic Engineers (ITE) estimates for the Project and credit for the existing school/day care use and gymnastics center use, since the Project would result in a decrease in traffic impacts (changing from commercial and office to residential). As demonstrated by the Trip Generation Study for the Project prepared by TJKM dated April 2, 2022, the proposed Project would not generate any new trips during the daily, a.m. peak hour trips or p.m. peak hour trips and the total net daily trips would be reduced by 115 from its existing condition.
Noise: As substantiated by the Noise Impacts Constraints Analysis for the Project prepared by FirstCarbon Solutions dated May 17, 2022, the introduction of 57 new housing units on the Project site would not result in significant noise impacts upon adjacent uses, because noise emanating from the proposed residences would be typical of the neighborhood and would not result in a significant change or increase in the existing noise environment. The Project will be required to comply with Section 1207 of the California Building Code which requires that the interior noise levels of multi- family units have an interior noise levels of 45 dB DNL or lower. The Project would also have to comply with the City’s noise ordinance per Milpitas Municipal Code Chapter V- 213-3, restricting construction noise to 7:00 a.m. to 7:00 p.m. on weekday sand weekends and shall be prohibited on federal holidays.
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4 Air Quality: The impact of dust and exhaust generated by grading and excavation of future construction activities is temporary in nature and limited to site preparation and future construction of the new townhomes. The Applicant provided the Air Quality and Greenhouse Gas Emissions Constraints Analysis for the Project prepared by FirstCarbon Solutions dated May 27, 2022, that confirmed the Project will not conflict with the 2017 Clean Air Plan by the Bay Area Air Quality Management District (BAAQMD) and the proposed residential land use is below BAAQMD’s construction and operational screening levels for requiring further quantitative criteria air pollutant analysis and would not introduce a new source of odors. Furthermore, the Midtown Specific Plan EIR identified air quality mitigation measures that have been incorporated into the Conditions of Approval the Project must adhere to. As such, the Project would not result in any significant effects related to air quality.
Water Quality: The Project will not violate water quality standards or waste discharge requirements because it will be required to comply with the standard Best Management Practices per the C.3 Stormwater Handbook by the Santa Clara Valley Urban Runoff Pollution Prevention Program which regulates discharge into the City’s storm drainage system; and the increase in runoff would not be large enough to cause flooding on- or off-site. All projects of this nature are required to comply with these standards and will be reviewed for compliance by the City’s Engineering Department during the building permit review process. Furthermore, the Applicant prepared a Preliminary Stormwater Quality Control Plan dated June 2022 by consultants MacKay & Somps for the Project.
Section 15332 (e): Utilities and Public Services
Yes No The site can be adequately served by all required utilities and public services.
X
The Project site is located in an area surrounded completely by existing development and infrastructure and has been reviewed by all major reviewing Departments including but not limited to Building, Fire, Police, Land Development, Traffic, Water, and Solid Waste Departments. As a result, it has been determined that the site can be adequately serviced to preserve public health, safety, and wellness. The Applicant has also agreed to a number of onsite utility improvements as included in the Conditions of Approval. 134
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ͳ Ǧʹʹ
Planning Department
455 E. Calaveras Blvd, Milpitas, CA
Phone: (408) 586-3279
Email: [email protected]
Universal Planning Application
Permit Number(s): _________________________________
_________________________________
PART I: PROJECT INFORMATION
Project
Name:
Project Site Address: ______________________________________________________________________
APN
APN
APN
APN
Brief Project Description: ___________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
For Staff Use Only
Click or tap to enter a date.
Total Deposit/Fee: $_____________
PJ#: ____________
APPLICANT: Name and mailing address of person
requesting the filing of this application.
Name: _______________________________________
Company: ____________________________________
Address: _____________________________________
City/State/ZIP: _________________________________
Phone #: (_____) ______________________________
Email Address: ________________________________
SIGNATURE: _________________________________
MAIN CONTACT PERSON: Person to be contacted
regarding this application.
Same as applicant
Different than applicant. Complete below:
Name: _______________________________________
Company: ____________________________________
Address: _____________________________________
City/State/ZIP: _________________________________
Phone #: (_____) ______________________________
Email Address: ________________________________
PROPERTY OWNER AUTHORIZATION:
Name: _______________________________________
Company: ____________________________________
Address: _____________________________________
City/State/ZIP: _________________________________
Phone #: (_____) _____________________________
Email Address: ________________________________
Upon three days prior notice by City of Milpitas staff, I shall provide access to the subject site for City officials, staff, their agents, and consultants for the purpose of planning and development application review and inspection. Myself or my agent may accompany such persons while they access the site. If I fail to respond to a request for access within three days, City officials, staff, their agents and consultants are authorized to enter onto the site for such review and inspection.
CHOOSE ONE:
I am the sole owner and hereby authorize the filing of this application.
I own the project site jointly with one or more persons and am empowered to authorize the filing of this application on behalf of my fellow property owners.
I own the project site in conjunction with one or more persons who are listed with their acknowledgement and authorization for the filing of this application attached for additional property owner authorization/acknowledgements.
I agree to allow the City of Milpitas to copy and distribute all project plans, materials, and information and post on the official City of Milpitas website, as necessary for the project approval process, including public hearings and public information requests.
SIGNATURE: _________________________________
Category - 2J
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INDEMNIFICATION AGREEMENT
FOR DEVELOPMENT APPLICATIONS
Applicant submitted an application to the City of Milpitas Planning Division on _____________________, 20__ for the following development approval(s):______________
______________________________________________
______________________________________________
______________________________________________
(the "Project"). For good and valuable consideration, the receipt and sufficiency of which is herby acknowledged, Applicant hereby expressly agrees in connection with the processing of Applicants Project application(s) to each and every one of the following terms and conditions:
1. Applicant agrees, as part of and in connection with each and any of the application(s), to defend, indemnify, and hold harmless the City of Milpitas ("City") and its officers, contractors, consultants, attorneys, employees and agents from any and all claims(s), action(s), or proceeding(s) (collectively referred to as "proceeding") brought against City or its officers, contractors consultants, attorneys, employees, or agents to challenge, attack, set aside, void, or annual:
a. Any approvals issued in connection with any of the
above described application(s) by City; and/or
b. Any action taken to provide related environmental
clearance under the California Environmental
Quality Act of 1970, as amended ("CEQA") by
City's advisory agencies, boards or commissions;
appeals boards or commissions; Planning
Commission, or Council.
Applicant's indemnification is intended to include, but not limited to, damages, fees and/or costs awarded against or incurred by City, if any, and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by Applicant, City, and/or
parties initiating or involved in such proceeding.
2. Applicant agrees to indemnify City for all of City's costs, fees, and damages incurred in enforcing the
indemnification provisions of this Agreement.
3. Applicant agrees to defend, indemnify and hold harmless City, its officers, contractors, consultants, attorneys, employees and agents from and for all
costs and fees incurred in additional investigation or
study of, or for supplementing, redrafting, revising,
or amending, any document (such as an
environmental impact report, negative declaration,
specific plan, or general plan amendment) if made
necessary by said proceeding and if Applicant
desires to pursue such City approvals and/or
clearances, after initiation of the proceeding and
that are conditioned on the approval of these
documents.
4. In the event that Applicant is required to defend
City in connection with such proceeding, City shall
have and retain the right to approve:
a. The counsel to so defend City; and
b. All significant decisions concerning the
manner in which the defense is
conducted; and
c. Any and all settlements, which
approval shall not be unreasonably
withheld.
City shall also have and retain the right to not
participate in the defense, except the City agrees to
reasonably cooperate with Applicant in the defense
of the proceeding. If City chooses to have counsel
of its own to defend any proceeding where
Applicant has already retained counsel to defend
City in such matters, the fees and expenses of the
additional counsel selected by City shall be paid by
City. Notwithstanding the immediately preceding
sentence, if City's Attorney's Office participates in
the defense, all City Attorney fees and costs shall
be paid by Applicant.
5. Applicant's defense and indemnification of City set
forth herein shall remain in full force and effect
throughout all stages of litigation including any and
all appeals of any lower court judgments rendered
in the proceeding.
After review and consideration of all of the forgoing
terms and conditions, Applicant, by its signature
below, hereby agrees to be bound by and fully and
timely comply with all of the foregoing terms and
conditions.
APPLICANT By: ______________________________________ Date: ___________________ (Signature)
______________________________________ Its: ___________________ (Print) (Title, if any)
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Consultant List
Have consultants been identified to assist with this project? Yes
No
By: __
____________________________________________________________________________________ Name of Person Completing this Form Capacity Date
Consultants include, but are not limited to, architects, designers, contractors, landscape architects, engineers, planners, real estate agents, and environmental consultants. This form must be filled out completely. It enables members of the City Council, Planning Commission, and staff to avoid potential conflicts of interest, which could otherwise invalidate your project's approval.
Name:_______________________________________ Capacity:______________________________ Company:____________________________________ Phone No.: ____________________________ Address:_____________________________________ Email: ________________________________ Milpitas Business Tax ID#______________________
Name:_______________________________________ Capacity:______________________________ Company:____________________________________ Phone No.: ____________________________ Address:_____________________________________ Email: ________________________________ Milpitas Business Tax ID#______________________
Name:_______________________________________ Capacity:______________________________ Company:____________________________________ Phone No.: ____________________________ Address:_____________________________________ Email: ________________________________ Milpitas Business Tax ID#______________________
Name:_______________________________________ Capacity:______________________________ Company:____________________________________ Phone No.: ____________________________ Address:_____________________________________ Email: ________________________________ Milpitas Business Tax ID#______________________
Name:_______________________________________ Capacity:______________________________ Company:____________________________________ Phone No.: ____________________________ Address:_____________________________________ Email: ________________________________ Milpitas Business Tax ID#______________________
Name:_______________________________________ Capacity:______________________________ Company:____________________________________ Phone No.: ____________________________ Address:_____________________________________ Email: ________________________________ Milpitas Business Tax ID#______________________
City of Milpitas Municipal Code Title III requires everyone, including consultants, who render services in or from the City of Milpitas to have a valid business tax/license. Don't hesitate to contact the Business Resource Center at 408-586-3100 for instructions on obtaining a Milpitas Business Tax ID number.
If more room is necessary, you may complete and attach additional copies of this form. 137
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Hazardous Waste and Substances Statement
Pursuant to California Government Code Section 65962.5 (AB 3750 – Cortese)
Government Code Section 65962.5 requires that "before a lead agency accepts as complete an application for any development …the applicant shall consult the [Cortese] list and shall submit a signed statement…indicating whether the project and any alternative are located on a site that is included on [the list]." This form is provided for that purpose.
TO: Planning Department
City of Milpitas
455 East Calaveras Blvd
Milpitas, CA 95035
I have consulted the current Hazardous Waste and Substances Sites List, consolidated by the California Environmental Protection Agency pursuant to Government Code Section 65962.5 at https://www.envirostor.dtsc.ca.gov/public/map/?global_id=60002853 regarding the development project application herewith submitted.
Based on my consultation, the location of the project, shown below,
IS IS NOT
on a site which is included on the attached most recent Hazardous Waste and Substances Sites List.
Project location:
If located on such a site, print the sources of that information as shown on the list:
_______________________________________________________________________
I declare under penalty of perjury that the foregoing is true. Executed this _______ day of ___________________, 20______, in
(date) (month) (year)
_______________________________________________________________________ (City and state)
X ________________________________________
Signature of Applicant (or agent)
_______________________________________________________________________ Print applicant name, with agent name and title, if any
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REQUIRED PLANS
A. Plan Set Elements
The following table indicates which elements of the Project Description/Justification, Standard Plan Set, and Map Set are required for various applications. If you have questions about whether an item is required for your application, please contact the Planning Department at
[email protected] or (408) 586-3279 to clarify.
● = Always required. { = Sometimes required. Refer to next section for instructions. - = Not required.
Project
Description or
Justification
Standard Plan Set
Map Set
Design Statement
Operation Description
Project Justification
Variance Justification
Title Sheet
Site Plan
Existing Conditions
Floor Plan
Elevations
Sections
Boundary Survey
Prelim. Grading Plan
Prelim. Utility plan
Storm Water Plan
Tree Survey
Landscape Plan
Misc. Details
Amendments/Modifications of Permits - - ● - ● ● ● ● { - - - - { { { { - Appeal - - ● - - - - - - - - - - - - - - -
Conditional Use Permit - ● - - ● ● ● ● { - - - - - { { { - General Plan Amendment - - ● - ● ● ● { { - - - - - { { { - Lot Combination ● - - - - - - - - - - { { { { - - ●
Lot Line Adjustment ● - - - - - - - - - - { { { { - - ● - Urban Lot Splits (SB 9) ● - - - - - - - - - - { { { { - - ● Minor Conditional Use Permit - ● - - ● ● ● ● - - - - - - - - { - Minor Site Development Permit - - ● - ● ● ● ● { { - - - { { { { - - Two Unit Projects (SB 9) ● - ● - ● ● ● ● ● ● ● ● ● ● ● ● ● - Planned Unit Development - - ● - ● ● ● ● ● ● ● ● ● ● ● ● ● - Pre-Application Review - - - - ● ● ● ● ● - - { - ● ● ● ● - Rezoning - - ● - ● ● ● - - - - - - - - - - -
Site Development Permit ● ● - - ● ● ● ● ● ● ● ● ● ● ● ● ● - Specific Plan Amendment - - ● - ● ● ● { { - - - - - { { { - Tentative Parcel Map ● - - - - - - - - - - { { { { - - ● Tentative Tract Map ● - - - - - - - - - - { { { { - - ● Tree Removal Permit - ● - - - ● - - - - - - - - ● ● ● - Variance - - - ● ● ● ● ● ● ● - { - - ● ● ● -
Zoning Text Amendment - - ● - ● ● ● { { - - - - - { { { -
NON-STANDARD APPLICATIONS
The following applications have their own submittal requirements/checklists. Please visit the links below and/or contact staff for the following application types:
x Housing Crisis Act (SB 330) Preliminary Application
x Special Event Permit
x Extension of Time
x Zoning Interpretation
x Urban Lot Split / Two Unit Project (SB 9) Projects
x Master Sign Program
x Development Agreement
x Temporary Promotional Sign Application
x Tree Removal Permit
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Item # C6.
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*Electronic Submittal Instructions: Please provide ALL REQUIRED ITEMS in PDF file(s) used for review, distribution, and reproduction:
(a) PDF file(s) suitable for onscreen viewing or posting on the City of Milpitas's website. Use compression, downsampling, and a relatively low resolution to create an Adobe PDF file that is as small as possible; convert all colors to RGB, or to Monitor RGB (if color management is enabled); embed subsets of all fonts used in the file, except for the Base 14 fonts; maintain compatibility with Acrobat 9.0 and later; and optimize files for byte serving [NOT TO EXCEED 10MB]
(b) PDF file(s) suitable for press output from the City of Milpitas's print service provider. The objective is to maintain all of the information in an Adobe PDF file that a commercial printer or service provider will need to print the document correctly. This set of options leaves color unchanged; embeds all fonts used in the file; prints at a higher resolution; and uses other settings to preserve the maximum amount of information contained in the original document. (c) All files are to remain unsecured to allow subsequent modification as necessary.
UNIVERSAL SUBMITTAL REQUIREMENTS
The Universal Submittal Requirements are a centralized list of all application components required by the City of Milpitas Planning Department. To determine which submittal requirements are applicable to a specific project, please see Section A. Plan Set Elements. An application is considered to be incomplete if any of the items required per Part VI, and listed this sheet, have not been included. Processing of the application may be delayed until the submittal is deemed complete.
The Universal Submittal Requirements are provided here for information only, and there is no signature or action required to complete this component of the application.
܈܈Universal Planning Application.
A completed and signed Universal Planning Application form.
܈Project Description or Justification.
All Project Descriptions or Justifications shall be submitted as a separate document from the proposed plan set. Please refer to Part VI to determine which type of Project Description or Justification is required for a specific project.
Type A: Architectural Design Statement
The architectural design statement shall state the purpose of the project, discuss compatibility with surrounding structures, and reference specific design influences.
Type B: Business Operation Description
The business operation description shall include a detailed description of the activities proposed under the project, the proposed hours and days of operation, and the proposed occupancy at different times of day. If the project includes regularly scheduled events or classes, a specific schedule shall be provided. If there are specific management plans proposed as part of the project (e.g. security plans, noise mitigation plans, overflow parking plans, etc.) those plans should be included in the business operations description.
Type C: Project Justification
The project justification shall explain how the proposed project would implement established City goals, as stated in the General Plan. The justification shall explain the benefits of the proposed project in terms of land use pattern, social environment, community appearance, traffic circulation, and economic considerations. Where applicable, the justification shall address how the proposed project will affect public services and other qualities of the local environment.
I understand that my project review may be delayed if required materials are missing from the submittal package.
__________________________________________
Project Applicant Signature
__________________________________________
Date
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Type D: Variance Justification
For this type of project justification, the applicant must respond to all of the following prompts:
x Describe the special circumstances applicable to your property (e.g., size, shape, topography, location or surroundings) wherein the strict application of the Planning and Zoning regulations would deprive your property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. x Explain how the granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property. x Identify any project design features or other conditions/limitations that will assure that the requested variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and identical zoning classification.
x Explain how the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. x Explain how the granting of the variance is consistent with the General Plan.
܆܆Standard Plan Set.
Title Sheet
x Name of project, location of project (street address and existing APN), and description of proposed scope of work x Existing and proposed Zoning and General Plan designation of the subject property x Vicinity map showing an aerial view of a half-mile radius from the project site x Table of contents listing all plan set sheets, their content, and page number x A preliminary Building Code analysis, including occupancy classification, type of construction, and building area calculations
x For single-family residential projects: Project Statistics, including first story area, second story area, and rear yard encroachment calculation
x For multi-family residential projects: density (dwelling units per net acre), unit breakdown (percentage studio, one- bedroom, two bedrooms, etc.), common open space, private open space, storage x For all projects: Required Statistics, as indicated in the tables below:
Development Statistics Allowed/Required Proposed Parking Statistics Required Proposed Gross Lot Area Standard Spaces
Net Lot Area Compact Spaces
Total Floor Area Percent Compact
Additional Floor Area (if
adding area) Covered Spaces
Floor Area Ratio (if
nonresidential) Uncovered Spaces
Open Space Calculation Guest Spaces
Lot Coverage Handicapped Car
Spaces
Height Handicapped Van
Spaces
Number of Stories Motorcycle Spaces
Front Setback Car Share Spaces
Rear Setback EV Spaces
Side Yard Setback(s) EV Handicapped
Spaces
Short Term Bicycle
Parking
Long Term Bicycle
Parking
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Site Plan
x Property lines, including dimensions of the subject property and dimensions of all existing lot lines x Use of all adjacent properties, including locations of any buildings and roads within 50 feet of the proposed project x Location, configuration, and setbacks of all existing and proposed buildings, including occupancy classification and type of construction as defined in the Building Code (existing and proposed buildings are encouraged to be on two separate pages). The proposed removal of any buildings should be clearly delineated on the site plan x Show the location of the building with fire separation distance specified x Show the accessible path of travel from public sidewalk and accessible parking/ EV spaces to building entrances x Proposed off-street parking (including accessible parking spaces and accessible EV spaces), loading, and circulation areas; and driveways. The table shall provide a breakdown of each type of parking spaces provided, i.e. number of regular parking, van accessible parking, standard accessible parking, regular EV spaces, van accessible EV spaces. x Proposed and existing pedestrian ways and recreation areas x All existing and proposed easements on the property, and all existing and proposed easements on surrounding properties benefiting the subject property
x Site constraints including known earthquake faults, riparian corridors, and the Crestline x Adjacent street rights-of-way and proposed street improvements x Signing and striping of street frontage
x Location of existing and proposed on-site lighting features x Existing trees with trunk locations and accurate canopy outline shown x Existing landscaped area
x All fire hydrants within 300 feet of the project site x If the site has multiple tenants, provide an inventory of all tenant spaces on the property, listing the address, type of business (or other use of the space), and floor area for each tenant space
Existing Conditions Plan/ Demolition Plan
x Topographic survey, contours, spot elevations, existing trees with driplines and elevation at base, tree species and number per arborist report
x Existing improvements including surface and overhead utilities and underground utilities with information (appurtenances, size of pipe, slope and direction of flow) x Existing improvements to be removed including structures/buildings, hardscape, tree(s), surface and subsurface improvements
x Boundary and abutting property information
x Existing easements per title report
x Remedial grading areas per geotechnical report, if applicable x All existing fire hydrant locations within 300 feet of the subdivision/site
Building Floor Plans
x Provide a set of preliminary building/structure drawings with a preliminary CA Building Code analysis per Chapter 5 and Chapter 10 (construction type, allowable area, number of stories, exit analysis, etc.) to show that the proposed building/structure is feasible.
x Floor plan(s) showing the intended use of each area
x Floor area and occupant load of each room/area, egress analysis, location and fire rating of fire wall for area separation and fire barrier for occupancy separation
x Location and dimension of exterior doors and windows
x Floor area statistics: total gross floor area of the building and total gross floor area of each story
Building Elevations
x Dimensioned elevations of all exterior walls
x Total height, finished floor height, and floor to ceiling height indicated on all elevations x Colors and materials for roof, wall, and trim materials. Include the manufacturer's or supplier's names along with the color code and model numbers for each material or color shall be included. For Planning Commission hearings, please provide a separate color and material sample board.
Building Sections
x Two sections through the site and building, including at least one section showing the street frontage x Total height, finished floor height, and floor to ceiling height indicated on all sections
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Preliminary Grading and Drainage Plan
A preliminary grading and drainage plan is required if the project involves over 50 cubic yards of earth movement or requires modifications to an existing drainage. Please note that certain elements of the Preliminary Grading and Drainage Plan are still required even if the plan itself is not required. x Topographic survey screened with proposed site plan superimposed with grading information x Existing and proposed grades from existing City benchmark x Cross sections at the project boundaries
x Estimated grading quantities (cut and fill calculation) x Finish floor and pad elevation
x Stormwater treatment devices and site design measures x The location, pipe sizes, slope, invert and grate elevations of any proposed underground storm drain system x Hydraulic drainage calculations
Preliminary Master Utility Plan
x Location of all on-site existing and proposed water, sanitary sewer, storm sewer and joint trench (electrical, gas, communication, facilities, and appurtenances)
x Minimum acceptable horizontal and vertical clearances between existing and proposed utilities main and services x Utility capacity calculations, if applicable
Drawings of Proposed Signs
x Illumination type (if proposed). If illumination is not explicitly shown, the sign will be considered to be non-illuminated x Colored drawings of the proposed signs, and if applicable, the wall face on which the sign will be placed x Sign Detail providing a scaled color illustration of the proposed signs(s), with sign height/length, letter height/length, color, material, and total sign area dimensions and notes, in both profile (cross-section) and front view. o Building Elevations providing a depiction of the proposed sign(s) as shown on the subject building(s). o All dimensions of the sign(s), including sign height/length and letter height/length; o Indicate which maximum sign area calculation is being used pursuant to MMC Section XI-10-24.03(B). All building dimensions, including length of the tenant space, total building length, building height, fascia height, and parapet height;
o Height from grade to the bottom of the sign;
o Height from grade to the uppermost portion of the sign. x Photographic Renderings providing a simulated depiction of the proposed sign(s) as shown on a photograph of the subject building or property.
x Material/Color Palette providing key-coded representations of colors and materials for signage represented within the Master Sign Plan
x If located in a sign program district, please provide the property owner approval and demonstrate conformance with the site-specific sign program.
Department of Alcoholic Beverage Control (ABC)
The most common types of licenses include on-sale (for consumption on-site) and off-sale (for consumption off-site) licenses for convenience stores, large grocery store, restaurants, beer manufacturer (brewery), wine grower (winery) and bar/taverns, brew pub/micro-brewery, and bar/night clubs. Visit the State of California Alcoholic Beverage Control Website for information on the various types of licenses and application form/process.
A Minor Conditional Use Permit, issued by the Zoning Administrator, is required for any restaurant or similar establishment that serves beer, wine and/or distilled spirits in conjunction with the business, and requires alcoholic beverage license #23, #41, #47 or #75 from ABC.
x Please include in your description of operation the Cens us Tract your location is listed in (4001.00 example) and the Census Tract Authorizations (# of on-sale and off-sale). In addition, you will need to provide the concentration levels in that Census Tract.
Conceptual Storm Water Management Plan
x Drainage management areas (DMA) for the entire project including off-site drainage areas x Details of all proposed treatment measures tailored to the site x Data for all proposed DMA including impervious and pervious areas, numerically sized treatment areas and treatment measures in tabular form
x If hydromodification is required, provide preliminary sizing calculations using Bay Area Hydrology Model (BAHM) 143
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Tree Survey Plan
x Plan must be prepared by an International Society of Arboriculture Certified Arborist and shall be included on the project site plan or existing conditions plan or demolition plan. x Existing and proposed site features, including, but not limited to buildings, walls, paving, grading, etc. x Tree(s) trunk circumference measured 4.5 feet from the ground located on plan by a licensed surveyor, and with accurate canopy outline
x Trees labeled by number and tagged on-site per ISA standards x Summary table identifying botanical designation, tree circumference, and elevation of trees at ground level, and whether tree is to be retained or to be removed
x Plan shall identify trees with accurate plots of canopy outlines x Protection/enhancement measures for each individual tree to be retained x If no trees exist on the site, then include a note on the landscape plan that "no trees exist on this site"
Landscape Plan
x Location, spacing, size, quantities, and botanical designations of all existing and proposed on-site landscaping x Required right-of-way planting, identified as such
x All trees, as indicated on the tree survey plan
x Any proposed street tree (the locations, spacing of street trees, and tree species) must conform with all applicable City standards and details
x Landscape planting with botanical designations provided in list form and grouped by type, symbol, and water use x Design details and section drawings for all landscape architectural features such as wall fences, lighting, paving types and patterns, arbors, benches, fountains and other like features accurately showing size, scale, form, materials, and colors
Miscellaneous Details
x For single-family residential projects, proposed additions or new fencing close to property lines will require a survey x Details for proposed trash enclosures and mechanical/utility equipment screening x Details for proposed exterior lighting, with specifications for color and brightness, and a photometric plan x Details for all proposed fences and walls, including elevations and materials x Show distance to dead ends, detailed fire apparatus turn around when required, etc. x Show the fire access road with minimum 26' in width. Contact the Fire Department for possible modifications. x Disclose the construction material for the fire access road(s). Hard pavement is required per CA Fire Code Section 503.2.3.
x Detail the turning radii movements with dimensions (48’-6" exterior and 28’-0" interior). x Show fire lane marking where parking is prohibited
x Show Emergency Vehicle Access (EVA) roads, when required x Ground structures (including landscape) and building projects shall not encroach or impede the fire apparatus access requirements
x Private fire service mains and appurtenances shall be designed and installed in accordance with the City of Milpitas Engineering design guideline requirements and the NFPA 24. Design calculations and all the necessary design information for the water system to meet the domestic and fire flow requirements as per the City of Milpitas Engineering Division water design requirements shall be provided as part of the construction permit process. a. Provide a preliminary utility plan and show and identify the location and quantity of hydrants throughout the private site and public streets. This applies to the on-site private streets as well as to the public streets. b. No parking is permitted in front of fire hydrants. Hydrants located on streets (public or private street) shall have an unobstructed clearances of not less than 30 feet per CA Vehicle Code 22514. Provide striping per CA Vehicle Code 22500.1.
x Fire service water laterals for building sprinkler systems. a. Provide preliminary utility plan and show the fire service water laterals for the automatic fire sprinkler system. b. Provide and show the anticipated location of the FDC's/PIV's (Fire Department connection/post indicator valve). The devices shall be at a readily visible and accessible location off the fire obstruction. x If scope of work includes signage, show sign locations, size (including dimensions on elevations), type of sign, types of materials and colors, and lighting method. Provide separate 8.5" x 11" information sheets showing each sign, colored graphics, size (including dimensions), illumination source, materials, and color.
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܆܆Map Set.
x The tract or parcel map number, obtained from Santa Clara County, if possible x The engineer's or surveyor's name and license number, on each sheet of the map x The date, north point, and a written and graphic scale x A vicinity map at a scale of one thousand feet to the inch, either drawn on or accompanying the tentative map, showing all streets and properties within a half-mile of the proposed subdivision x Dimensioned boundaries of the proposed subdivision
x The locations, names, and existing widths of adjoining and contiguous streets, highways and ways x The names and numbers of adjacent tracts and owner names of adjacent unplatted land x Areas proposed for offer or dedication to the public (if any) x The approximate boundaries of areas subject to inundation or storm water overflows, and the location, width, and direction of flow of all watercourses, flood control channels, and intermittent streams. If the project is within or adjacent to a flood zone, the flood zone designation, panel number, and outline of the floodplain, as determined from the current FEMA National Flood Insurance Program Flood Insurance Rate Map, shall be shown. x Areas proposed for offer or dedication to the public (if any) x The location of historical sites or landmark or primary historic resource trees, as identified by Council adopted resolutions or in the general plan
x The approximate widths, locations, and uses of all existing or proposed easements within the subdivision, including easements for drainage, sewerage, and public utilities. The location of any access restrictions and/or any existing waiver of access rights
x The approximate radius of each curve
x The approximate lot layout and dimensions of each lot and street within the subdivision x The estimated area of each new or modified lot
x The locations, names, widths, approximate proposed grades and gradients, and a typical cross-section of all streets, trails, and access easements. Typical cross-sections shall be dimensioned and include: pavement, curbs, gutters, sidewalks, and locations of underground utilities. Utility clearances shall be dimensioned on the cross section. x For subdivisions east of Piedmont Road, Evans Road and Park Victoria extended north of Jacklin Road; the average slope of each proposed lot based on existing contours as shown on Aerial maps on file in the office of the City Engineer.
x A map summary description, either drawn on or accompanying the tentative map, with the following information:
x The name and address of record owner(s)
x The name and address of subdivider
x The name and address of civil engineer or land surveyor preparing the tentative map x Total gross acreage within subdivision boundary
x Total number of lot(s) and/or unit(s)
x A statement whether the subdivision will be for condominium purposes x Minimum lot size in square feet
x The present general plan land use designations, including residential density where applicable x Existing zoning and use(s) of subject property
x Proposed zoning and use(s) of subject property
x Number of dwelling units expressed in dwelling units per net acre x The existing and proposed floor area ratio (FAR) for each new or modified lot x A statement of provisions for water
x A statement of provisions for sewerage and sewage disposal x Floor zone designation
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܆܆Preliminary Title Report.
A preliminary title report, prepared within the last three months and bearing the current owner's name, is required for any application that proposes new floor area or a change to the General Plan or zoning of a parcel.
܆Stormwater Control Plan Survey.
All applicants must complete C.3 Stormwater Data Form at http://www.ci.milpitas.ca.gov/_pdfs/engDesignGuidelines/eng_dg_xiii_dataForm.pdf prior to application submittal.
܆Environmental Information Form.
Large projects require the completion of the Environmental Information Form, which assists planners in determining whether any supplemental environmental studies are required for a proposed project. The required questionnaire can be found at http://www.ci.milpitas.ca.gov/milpitas/departments/applications-forms-checklists/ .
܆Additional Information.
These reports may be required to expedite the staff review, including environmental review and analysis. x Sewer Needs Assessment Form
x Geotechnical/Soils report
x Traffic Impact Analysis
x Flood Study (AO Zone)
܆Affordable Housing Ordinance Compliance.
All new residential development projects of ten units or more designed and intended for permanent occupancy shall construct 15 percent of the total number of dwelling units within the development as affordable units, except as otherwise provided by Chapter 1 of Title XII of the Milpitas Municipal Code.
x Designate the number of affordable units and their affordability levels on the plans.
For a non-residential development, or a project with a non-residential component, projects shall comply with Section 5 of Chapter 1 of title XII of the Milpitas Municipal Code. The Non-Residential Affordable Housing Impact Fee shall be paid prior to issuance of the building permit.
܆Urban Lot Splits and Two-Unit Projects (SB 9).
SB 9 requires ministerial (staff-level) approval of certain housing projects and lot splits on a single-family (R1) zoned parcel. The law allows for two new types of development activities that must be reviewed ministerially without any discretion action or public input:
x Urban Lot Splits. A one-time subdivision of an existing, legally subdivided single-family residential (R1) lot into two lots.
x Two-Unit Projects. The development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot.
To apply for an Urban Lot Split and/or a Two-Unit Project, please submit the following supplemental documents, in addition to the Universal Planning Application:
x SB 9 Eligibility Checklist
x SB 9 Owner Occupancy Affidavit (must be notarized)
x SB 9 Prior Tenancies Affidavit (must be notarized)
x Draft Deed Restrictions for Urban Lot Splits
x Draft Deed Restristrions for Two-Unit Projects
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Deed restrictions are required for both Urban Lot Splits and Two-Unit Projects. Please submit a draft of the deed restriction(s) to staff. The deed restriction(s) are required to be recorded with the County of Santa Clara and a copy must be submitted to the Planning Department.
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Development Review
Handbook
Step-by-Step Guides,
Tools, and Resources to help
navigate the Development
Review Process of Milpitas
permit a p p lication
for residents, developers, city staff, decision-makers, and all members of the milpitas community Category - 2M
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Item # C6.
table of contents
pg. 5 Purpose and Intent
pg. 6 How to Use this Guide
pg. 7 Types of Permits & Review
pg. 10 Complex & Simple Projects
pg. 12 Project Timelines
pg. 13 Permitting & CEQA
pg. 14 City Resources & Contacts
Section I: Introduction pg. 33 Overview of Key Players
pg. 34 Applicant
pg. 36 Planning Staff
pg. 38 City Departments
pg. 41 The Community
pg. 42 Decision Makers
Section III: Roles & Responsibilities
Section II: Development Review Process
pg. 17 Overview
pg. 18 Process at a Glance
Steps of the Development Review Process
pg. 20 Step 1: Pre-Application Meeting
pg. 22 Step 2: Plan Review
pg. 24 Step 3: Noticing & Decision Making
pg. 28 Step 4: Permitting
pg. 30 Step 5: Construction
Section IV: Intro to Planning & Codes
pg. 46 Introduction to Planning
pg. 48 Introduction to Zoning
pg. 52 Understanding the Zoning Code
Planning with the Environment
pg. 54 CEQA
pg. 56 Site Conditions & Trees
pg. 58 Stormwater & Flood Zones
pg. 60 Building Codes & ADUs
Appendix
pg. 63 Checklists
pg. 66 Building Permit Resources
pg. 70 Project Tracker
Prepared for the City of Milpitas by
Metta Urban Design
Published 2022
www.ci.milpitas.ca.gov/planningdepartment/
455 East Calaveras Blvd. Milpitas, CA 95035
Development Review Handbook
City of Milpitas
149
Item # C6.
I. INTRODUCTION
54 11
Section I:
Introduction
Section I will orient you to the organization and format of the Development Review Handbook, including icons and interactive elements that will help you use the Handbook effectively. Section I will also introduce the key concepts and types of development review you should understand before continuing to the rest of the Handbook, which explains the development review process in detail.
The Development Review Process is every step that applicants go through in order to receive all the planning, building, engineering, DQGÀUHSHUPLWVQHHGHGWREXLOGWKHLUSURMHFW,WLVLPSRUWDQW to understand this process to better plan ahead, manage expectations, and do your part in getting through each step.
Who should read the Handbook?
The Handbook is intended to serve as a guide for Homeowners, Developers, City Staff, Decisions Makers, and our Community as each play a crucial role in the process. Anyone who is interested in making changes to their property needs to understand what is expected of them throughout the process in order to DYRLGGHOD\VDQGH[WUDFRVWV,QWKLVJXLGH\RXZLOOOHDUQKRZWR navigate each step of the process, who the key participants are, and what City Staff and Decision Makers are looking for while UHYLHZLQJ\RXUSURMHFW
Purpose and Intent
Getting a permit from the City can seem like a daunting task if you don’t know where to start! The goal of this Handbook is to provide you with a general understanding of the entire process of getting a permit so that you know what to expect at each step of the process. This will streamline the review process and save you time and resources.
1. Introduction
- Overview
- Types of Permits & Review
- Timelines & Environmental Review
- Resources
2. The Development Review Process
- Overview of the Process
- 5 Process Steps in Detail
3. Roles and Responsibilities
4. Policies and Regulations
- Introduction to Planning & Zoning
- Planning with the Environment
5. Appendix
- Checklists & Project Tracker
Handbook Organization:
What is the Development Review Process?
150
Item # C6.
I. INTRODUCTION
76 How to use this guide
This guide should be used as a starting point
for understanding the Development Review
Process, which can be complex and vary
VLJQLÀFDQWO\GHSHQGLQJRQ\RXUSURMHFW
7KH+DQGERRNLGHQWLÀHVNH\WRSLFVWKHDSSOLFDQW
should understand in order to successfully
move through the process. The Handbook also
LGHQWLÀHVSRWHQWLDOSLWIDOOVFRPPRQPLVWDNHVDQG
complicating factors that may prolong the review
SURFHVVRUOHDGWRDGHQLDORIWKHSURMHFW
Keep an eye out for the following icons to direct
your attention to key aspects of the process:
The Experts
provide technical
review and support
Planning Staff
helps you through
the process
Applicant
This is you!
Helpful Guides within the Handbook:
If viewing a digital version of this
document, click on this icon to “jump”
to another page with more information.
Sometimes an environmental review,
known as CEQA, is required for a project.
This icon indicates when to consider
CEQA in your application.
This icon highlights key terms
RQVSHFLÀFWRSLFVZLWKLQWKH
Development Review Process.
This icon points out topics that often
require a discussion with Planning Staff,
and is a reminder to ask for help.
If viewing this document digitally, click
on this icon to open the corresponding
webpage on your web browser.
Types of Permits & Review
Types of Review
Most “complex projects” require approval from
both Planning and Building Department reviews
prior to construction. This means you will need to
receive a Planning permit and all permits required
during the Building Review phase, including Building,
Engineering, and Fire Permits.
Types of Permits
A permit is documentation from the City that
you can proceed with your construction
SURMHFW7KHUHDUHPDQ\W\SHVRISHUPLWV
however there are two main categories:
Planning and Building Permits.
Planning Review: DESIGN
Focuses on design, minimizing
impacts to surrounding
neighborhoods, and implementing
the community’s vision for the City.
Building Review:
ENGINEERING DESIGN &
CONSTRUCTION
Ensures safe construction.
• Planning Permits require a nuanced
review, sometimes requiring public
hearings and environmental review.
<RXÀUVWQHHG3ODQQLQJDSSURYDORIWKH
project design before proceeding with
Building approval.
• Building Permits are more
straightforward with little room to
deviate from the standards required
by the City. Building approval ensures
WKHSURMHFWLVEXLOWFRUUHFWO\WRWKHFLW\
code for safety.
Engineering Permits (e.g., Encroachment
Permits for off-site improvements) and Fire
Permits (e.g., Fire Sprinkler and Fire Alarm
Permits) may also be required during the
%XLOGLQJ5HYLHZSKDVHRIWKHSURMHFW
More details on Complex Projects and Planning and
Building Review are highlighted on the following pages. 151
Item # C6.
I. INTRODUCTION
98 Allows properties to be developed with land uses not otherwise permitted within the particular zoning district.
Required for when you are changing use of the land.
Sometimes sites have special physical conditions which
make application of certain zoning standards overly
EXUGHQVRPH,QVLWXDWLRQVOLNHWKLVan exception from a physical standard of development can be granted to
allow minor deviations from the Zoning Ordinance.
Allows for the physical improvement of a site. Required for new buildings and structures, grading, and other
VLWHLPSURYHPHQWVVXFKDVSDUNLQJORWPRGLÀFDWLRQV
drainage and street improvements, and landscaping.
Allows for the division of land to develop and potentially sell each resulting parcel individually. A Tentative Map shows the design and improvement of a proposed
subdivision and the existing condition on and around it.
USE PERMIT
VARIANCE
SITE
DEVELOPMENT
TENTATIVE
MAP
TABLE 1: Planning Permits for Design Projects
Planning Review
Planning Review involves reviewing applications
WRHQVXUHWKHSURSRVHGSURMHFWLVFRQVLVWHQWZLWK
adopted planning documents and regulations,
LQFOXGLQJWKH0LOSLWDV*HQHUDO3ODQ6SHFLÀF
Plans, and the Zoning Ordinance for permit
approvals.
The main types of Planning Permits for complex
projects include a use permit, site development
permit, tentative map, and variance. Reviewing
SURMHFWVIRUFRQVLVWHQF\ZLWKSODQQLQJ
documents and regulations ensures that the City
evolves over time in a way that is in alignment
with the community values and City policies.
Building Review
Building Review ensure plans demonstrate
WKDWWKHEXLOWSURMHFWZLOOEH´XSWRFRGHµWR
ensure the health, safety and welfare of the
City of Milpitas citizens. Minimum standards
DUHGHÀQHGE\EXLOGLQJFRGHVHQJLQHHULQJ
standards, state law and other City policies.
Building permits relate to the construction
of buildings or parts of buildings, including
additions, new construction, or remodels,
including upgrades to building systems, such
as structural, electrical, mechanical,
RUSOXPELQJSURMHFWV
Engineering Permits (e.g., Encroachment
Permits for off-site improvements) and Fire
Permits (e.g., Fire Sprinkler and Fire Alarm
Permits) may also be required during the
%XLOGLQJ5HYLHZSKDVHRIWKHSURMHFW
entitlement
,Q3HUPLW$SSOLFDWLRQVDQG3ODQQLQJ'RFXPHQWV
\RXZLOORIWHQVHHWKHZRUG´HQWLWOHPHQWµ$Q
entitlement is the approval from Planning to
develop your property for a desired purpose.
Development approvals may be required if
you are building a new building, expanding
or making changes to an existing building, or
changing how you use an existing property.
TABLE 2: Building Permits for Construction Projects
BUILDING
PLUMBING
MECHANICAL
• Residential Bathroom
Remodel
• Existing Fireplace
Reconstruction
• Kitchen Remodel
• Re-Roof
• 6N\OLJKW,QVWDOODWLRQ
• Swimming Pool Removal
• Photovoltaic (Solar) Panel
,QVWDOODWLRQ
• Air Conditioning (No Electrical Upgrade)
• Air Conditioning & Electrical Upgrade
• Furnace (With new or repaired gas line)
• New Electrical Service Panel
• Temporary Power Pole
• Electrical Lights, Switches, or
Receptacles (no electrical
upgrades)
• Electrical Lights, Switches, or
Receptacles
• Electrical vehicle charging
System (ventilation not
required)
• Electrical vehicle charging
System (ventilation required)
• Photovoltaic (Solar) Panel
,QVWDOODWLRQ
ELECTRICAL
• ,UULJDWLRQ6SULQNOHUV
• Sewer Line
• Water Heater
• Water Piping
• Water Service Line
The following is a sampling of different types of building permits.
This list is not complete with all types of building permits.
If you are uncertain whether your
project requires both planning and
building review, ask a Planner!
More information on Building Permits can be found in the Appendix: Pages 66-69 152
Item # C6.
I. INTRODUCTION
1110
Complex Projects
Complex Projects are the focus of the Handbook and are subject to the full Development Review Process. Complex Projects include multi-step approvals for permits through:
• Remodeling a home or a commercial space
• Building a new home
• Building a larger development
‘Complex Projects’ that require
the Development Review Process
may include...
Simple Projects
Simple Projects are different from Complex Projects, as Simple Projects do not require an applicant to go through the full Development Review Process. Because Simple Projects are smaller in scope, they can be administratively approved by City staff without a public hearing and are not subject to an environmental review. some examples of ‘simple projects’:
RESIDENTIAL COMMERCIAL/INDUSTRIAL
• ,QWHULRU$OWHUDWLRQV0RGLÀFDWLRQV
IRU2IÀFH5HWDLODQG5HVWDXUDQWV
• Tenant Improvement Projects
• Demolition Projects
• Small monument signs
• Hazardous waste storage
• Single Story Addition/Remodel
• Garage Conversion/Remodel
• Accessory Dwelling Units (ADUs)
• Fences & Pools
• 5H5RRÀQJ
• Interior Renovations7KLV+DQGERRNLV\RXUÀUVWVWHSWRZDUGV understanding the Development
Review Process for Complex Projects.
The following sections of this handbook
provide more information regarding
the process, key players, and review
criteria that apply to your project
depending on your project scope.
Follow the steps in Section II for
a detailed overview of Complex
Permits and the Development
Review Process.
Follow the steps in Section II for
DETAILED IN SECTION II
D
• Departmental Reviews
• Environmental Impact Review (CEQA)
• A Public Hearing
Unsure if your project is considered a Simple or
Complex Project type and what permits are required?
All questions can be answered by the Planning
Department online or in person!
For more information on Simple Project Permitting & Review and more examples of “Simple Projects” - jump to Appendix: Building Permits; on Pages 66-69 to better understand the process and how this will apply to your project, permit applications, and fees. 153
Item # C6.
I. INTRODUCTION
1312
How long will my project take?
Permitting timelines vary based on the scale and scope of project. Timelines largely depend on how quickly the applicant UHVXEPLWVPHHWVDOOORFDOUHJLRQDOVWDWHUHJXODWLRQVDQGDGGUHVVHVVWDII VFRPPHQWV,WDOVRGHSHQGVRQLQSXWDQG
IHHGEDFNUHFHLYHGIURPFLWL]HQVDGYLVRU\ERDUGVDQGGHFLVLRQPDNHUV3URMHFWUHYLHZFRXOGLQYROYHPXOWLSOHURXQGVRI submittals and reviews, and public hearing could involve multiple hearings. The following chart shows example timelines based on the type of permit review, and is meant to illustrate relative amount of time needed to reach approval GHSHQGLQJLI\RXUSURMHFWQHHGVDQ(QYLURQPHQWDO5HYLHZ alifornia environmentattlqualityt
act
The California Environmental Quality Act (CEQA) is the
State’s most important and comprehensive law to protect the environment. The State adopted CEQA in 1970 to
establish a higher standard of environmental protection – because it’s important we take care of our clean air, water, and earth.
CEQA requires cities to measure, document, and disclose the environmental impacts of development projects and
limit or avoid those impacts when possible. CEQA applies WRDOOSURMHFWVWKDWUHTXLUHDGLVFUHWLRQDU\DFWLRQ
GHFLVLRQ
WKDWUHTXLUHVWKHH[HUFLVHRIMXGJPHQWRUGHOLEHUDWLRQ
E\
a government agency and will impact the environment.
Many small projects are exempt from CEQA. However,
SURMHFWVWKDWDUHQ·WH[HPSWUHTXLUHIXUWKHUVWXG\WR
GHWHUPLQHLIWKH\ZLOOKDYH´VLJQLÀFDQWµLPSDFWVRQ
the environment. A Negative Declaration or Mitigated
1HJDWLYH'HFODUDWLRQFDQEHSUHSDUHGLIWKHSURMHFW
ZLOOQRWUHVXOWLQ´VLJQLÀFDQWµHQYLURQPHQWDOLPSDFWV +RZHYHUDIXOO(QYLURQPHQWDO,PSDFW5HSRUW
(,5
LV
required if impacts cannot be mitigated.
7KH&(4$SURFHVVFDQVLJQLÀFDQWO\LPSDFWWKH
Development Review Process since it can take months
and sometimes over a year to complete.,I&(4$
DQDO\VLVLVUHTXLUHGFLWLHVFDQQRWDSSURYHWKHSURMHFW without completing the CEQA process and certifying
the required CEQA document.
Permitting & CEQA
This icon will indicate when CEQA must
be considered during each step of the
Development Review Process.Jump to CEQA in Section IV: Page 52 for more detailed information on these criteria.
SIMPLE PROJECTS
ESTIMATED MONTHS
123 4 56 78 9 10 +
BUILDING
REVIEW
COMPLEX PROJECTS
PUBLIC
HEARING
PROJECT
REVIEW
*CEQA Negative
Review Declaration
Use Permit
Tentative Map
Site Development
Variance
PLAN
CHECK AND
REVIEW
PROJECT &
ENVIRONMENTAL
REVIEW
COMPLEX PROJECTS
+ CEQA
PUBLIC
HEARING
BUILDING
REVIEW
*If controversial,
add more time
For projects that require an
extensive Environmental Review *If multiple
resubmittals,
add more time
154
Item # C6.
I. INTRODUCTION
1514
The Development Review Process requires substantial coordination between property owners/applicants, City staff, and outside agencies. 7KH3ODQQLQJVWDIIVKRXOGJHQHUDOO\EHWKHÀUVWSRLQWRI contact in the Development Review Process to ensure your project LVFRQVLVWHQWZLWKWKH&LW\·V]RQLQJDQGFRQÀUPZKHWKHUDSODQQLQJ permit is required prior to a building permit. The Building Safety & Housing Department at the Permit Center will be your point of contact once you are ready to start your Building Permit Process.
Resources
If using a digital version,
click on any hyperlink
or email address to
open in your browser.
https://www.ci.milpitas.ca.gov/milpitas/departments/
building-and-safety-department/
INSPECTION SERVICES
https://www.ci.milpitas.ca.gov/milpitas/departments/building-and- safety-department/inspection-services/
PLAN REVIEW SERVICES
https://www.ci.milpitas.ca.gov/our-government/plan-check-services/
ONLINE PERMITS
KWWSV
WUDNLWFLPLOSLWDVFDJRY(75$.,7ORJLQDVS["OW SXEOLF UG a 3HUPLW$SSOLFDWLRQFRQÀUPDWLRQDVS[ELECTRONIC PLAN SUBMITTAL https://www.ci.milpitas.ca.gov/submittal-procedures/
ONLINE PERMIT FEE PAYMENT
KWWSV
WUDNLWFLPLOSLWDVFDJRY(75$.,7ORJLQDVS["OW SXEOLF UG a ShoppingCart.aspxONLINE PLAN REVIEW STATUS
KWWSV
WUDNLWFLPLOSLWDVFDJRY(75$.,76HDUFKSHUPLWDVS[KWWSV
www.ci.milpitas.ca.gov/our-government/plan-check-services/%20 %E2%80%8E
BUILDING PERMIT FEE & SCHEDULE
https://www.ci.milpitas.ca.gov/_pdfs/bld_fee_schedule.pdf CALIFORNIA BUILDING CODE:
https://www.ci.milpitas.ca.gov/milpitas/departments/adopted-building- municipal-codes/
Building Safety & Housing
https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/ PHONE : (408) 586-3300
ENGINEERING DIRECTOR/CITY ENGINEER : (408) 586-3301
TRAFFIC ENGINEER : (408) 586-3324
CAPITAL IMPROVEMENT PROJECT MANAGER : (408) 586-3355
LAND DEVELOPMENT PRINCIPAL ENGINEER : (408) 586-3316
SENIOR CONSTRUCTION INSPECTOR : (408) 586-3252
LAND DEVELOPMENT SERVICES
https://www.ci.milpitas.ca.gov/milpitas/departments/
engineering/design-guidelines/
Engineering Department
https://www.ci.milpitas.ca.gov/
city of milpitas website
Milpitas City Hall
455 East Calaveras Blvd.
Milpitas, CA 95035
Permit Center
The Permit Center is open to apply for and obtain
certain types of residential or commercial building
permits, schedule inspections, research permits,
and see Planning documents. Visit in-person at
City Hall or online.
Monday - Friday: 8am - 5pm
Closed Thursday: 8am - 10am
Friday: Virtual Services
PHONE: (408) 586-3240
EMAIL: [email protected]
www.ci.milpitas.ca.gov/one-stop-permit-center-2
Monday - Friday: 8am - 5pm
Closed Wednesday from 3pm - 5pm
PHONE: (408) 586-3279
EMAIL: [email protected]
CITY ZONING ORDINANCES
https://library.municode.com/ca/milpitas/codes/code_of_ RUGLQDQFHV"QRGH,G 7,7;,=23/$1B&+=2
APPLICATIONS AND FORMS
https://www.ci.milpitas.ca.gov/milpitas/departments/
applications-forms-checklists/ ENVIRONMENTAL DOCUMENTS (CEQA) https://www.ci.milpitas.ca.gov/milpitas/departments/
environmentaldocuments/ DATA, ZONING, AND MAPS
https://www.ci.milpitas.ca.gov/milpitas/departments/maps/ Planning Department
https://www.ci.milpitas.ca.gov/planningdepartment/
Fire Department
KWWSV
ZZZFLPLOSLWDVFDJRYPLOSLWDVGHSDUWPHQWVÀUH
FIRE PREVENTION SERVICES
KWWSV
ZZZFLPLOSLWDVFDJRYPLOSLWDVGHSDUWPHQWVÀUHÀUHSUHYHQWLRQ E\ÂY[e\;Yedec_Y:[l[befc[dj
EMAIL: [email protected]
PHONE: (408) 586-3058
155
Item # C6.
1716
The Development Review Process is the
entire process applicants go through in order
to receive all planning and building permits
QHHGHGIRUWKHLUSURMHFWIt is important to
know the Development Review Process to
better plan ahead, manage expectations,
and navigate complex project timelines. This
SURFHVVFDQYDU\VLJQLÀFDQWO\GHSHQGLQJRQ
WKHFRPSOH[LW\RIWKHSURMHFW
Complex Projects involve multiple City
departments or agencies reviewing the
application, performing an environmental
review, and a public hearing for approvals.
Simple Projects only require a brief
application review (i.e. building permit or
administrative planning permit + building
permit) with City Departments at the One-
Stop Permit Center - and do not require
the full Development Review Process
(environmental review and public hearing).
Overview Steps of the Development Review Process:
What is the Development Review Process?
PRE-APPLICATION
MEETING & REVIEW (OPTIONAL)1.1.
CONSTRUCTION5.5.
PERMITTING 4.4.
NOTICING &
DECISION MAKING3.3.
PLAN REVIEW &
PROCESSING
2.2. 22
Section II:
Development Review Process
This section provides detailed information about the
'HYHORSPHQW5HYLHZ3URFHVVGHVFULSWLRQVRIWKHÀYHPDMRU steps of the process, and the people involved in each step. 156
Item # C6.
II. DEVELOPMENT REVIEW PROCESS
1918
Planning review often involves
multiple resubmittals and rounds of
review to ensure the application is
complete and complies with all City
requirements, which will extend the
Development Review Process.
Submit all the
required forms for
your application.
all application materials
submitted & city staff reviews.
Development Review at a Glance
'HYHORSPHQW5HYLHZLVPDGHXSRIÀYHPDLQVWHSVDVVKRZQKHUH7KH OHQJWKRIWLPHDQGVSHFLÀFUHTXLUHPHQWVRIHDFKVWHSYDULHVE\SURMHFW but all complex project approvals follow this general process. understand what your project needs -
this is where a project begins!
PLAN REVIEW &
PROCESSING
PRE-APPLICATION
MEETING & REVIEW
2.2.1.1. PLANNING REVIEW
Planning Permits approved! After
receiving Planning Approval,
applicants will submit construction
documents to the City for Building
Permit approval.
BUILDING REVIEW
city staff approves,
conditionally approves, or
denies an application.
with all approved permits,
construction phase begins!
NOTICING &
DECISION MAKING
CONSTRUCTION3.3. 4.4. 5.5.
with planning permits
approved the building
permitting process can begin.
PERMITTING4.4.
Applicants may also need to address
feedback and input received from
the community and decision-makers
during Planning review.
OPTIONAL REVIEW PLANNING REVIEW
157
Item # C6.
II. DEVELOPMENT REVIEW PROCESS
2120
Step 1: Pre-Application Meeting
What to Expect
During this meeting, you will go over your plans, a checklist of the application requirements, WKH&LW\·VGHYHORSPHQWVWDQGDUGVDQGUHTXLUHPHQWVDQGDQ\VSHFLÀFLVVXHVWKDWVKRXOGEH addressed in the application.
key players in Step 1:
learn more about the key players in section iii: roles & responsibilities on page 32.
While not required, a Pre-Application meeting allows you to review the application requirements and preliminary plans with a planner prior to formally submitting your DSSOLFDWLRQWRXQGHUVWDQGWKH&LW\·VGHYHORSPHQWVWDQGDUGVUHTXLUHPHQWVSURMHFWIHHV and the estimated timeline for the entitlement process.
THE APPLICANT works closely with a
member (or members) of the PLANNING
STAFF to make sure the application is
complete with all required materials
before submitting.
Application Requirement Checklist
Required items for the Universal Planning Application:
The application submittal requirements vary from project to project depending on the scope of ZRUNVRLWLVLPSRUWDQWWRFRQÀUPWKHLWHPVUHTXLUHGIRU\RXUVSHFLÀFSURMHFWZLWKD3ODQQHUSULRU to submitting an application. Submitting an incomplete application may delay your project. keep in mind...
• 3UH$SSOLFDWLRQPHHWLQJVDUHKHOSIXOIRUFRPSOH[SURMHFWV • 'HSHQGLQJRQWKHVFRSHRIWKHSURMHFWRWKHUFLW\GHSDUWPHQWVDOVRPLJKWEHLQYROYHG • This step can be instrumental in identifying and addressing problems early on to save time and money in the long-run.
• Although conceptual plans are acceptable at this stage, the more information you provide, the more City staff will be able to conduct a more thorough review and provide more detailed comments.
3URMHFW'HVFULSWLRQRU-XVWLÀFDWLRQ
Standard Plan Set
Site Plan
Existing Conditions Plan / Demolition Plan
Building Floor Plans
Building Elevations
Building Sections
Any other items as required by the Planning Department
Universal Planning Application
www.ci.milpitas.ca.gov/wp-content/uploads/2021/11/Universal- Planning-Applicaion-Revised-Nov-21-pdf-fillable.pdf
158
Item # C6.
II. DEVELOPMENT REVIEW PROCESS
2322
Step 2: Plan Review & Processing
Email your applications to: [email protected] or meet with a planner to go over your application materials and make sure that submittal requirements are met.
Application fees are due at the time of submittal.
After completeness is determined, prepare for multiple rounds of review, it can be a challenge to meet all requirements and address all comments on the first application.
The Planning Department will contact you 30 days after your application was submitted to let you know the planner assigned to your project and if your application is deemed complete or missing any required information.
Factor the time it takes to resubmit the application materials and make necessary revisions.
For large projects, a study session with decision-makers may be recommended to receive feedback for public hearings.
The Engineering Dept. will review how the proposed project will impact the City’s right-of-way and existing utility infrastructure, and prepare conditions of approval for the project.
After the application is formally submitted, Planning staff and other City Department staff will review the submitted materials to make sure all necessary information is included. Within 30 days of submitting a complete application, Planning Staff must tell you if your application is FRPSOHWH,ILWGRHVWKH&LW\ZLOOUHYLHZ\RXUSURMHFWIRUFRQVLVWHQF\ZLWKSODQVSROLFLHVDQG codes. Success of Step 2 depends on how well the applicant works with the City to ensure WKDWWKHSURMHFWPHHWVDOO&LW\UHTXLUHPHQWVDQGSROLFLHVDQGFRQWULEXWHVWRWKHKHDOWK safety, and welfare of the community.
PLANNING STAFF helps applicants
with project completeness for
development review and
coordinates with other city
departments.
APPLICANT works with planning
staff and is responsible for
submitting a complete application
& associated fees and addressing
all City staff comments.
Some complex projects may require
meetings with THE COMMUNITY and
it is advisable to get community
input early to identify potential
project delays due to public
opposition to the project.
key players in Step 2:
CITY STAFF TECHNICAL EXPERTS
from Engineering, Building Safety
& Housing, and Fire & Police
assist planning staff in reviewing
submitted application materials.
THIS IS THE LONGEST STEP OF THE PROCESS!
Failing to address all the City’s comments
will result in additional rounds of review, and
DGGVVLJQLÀFDQWWLPHWRWKHUHYLHZSURFHVV project “completeness” A term of art and a legal requirement, your application must be ´FRPSOHWHµEHIRUHLWFDQEHHYDOXDWHG,ILQIRUPDWLRQLVPLVVLQJ Planning staff will provide a letter with materials you need to submit. Failure to submit the requested materials will prevent \RXUSURMHFWIURPEHLQJUHYLHZHGDQGGHHPHGFRPSOHWH
CEQA
,I\RXUSURMHFWUHTXLUHV&(4$UHYLHZ\RXZLOOEHQRWLÀHGDWWKLV Step by a Planner, if not during the Pre-Application Meeting. for more information on ceqa see section iv: page 52
Applications, Forms, and Checklists
www.ci.milpitas.ca.gov/milpitas/departments/
applications-forms-checklists
Pay Permit Fees Online
www.ci.milpitas.ca.gov/milpitas/departments/fees/
it
i
159
Item # C6.
II. DEVELOPMENT REVIEW PROCESS
2524
3URMHFWDSSOLFDWLRQVPXVWEHUHYLHZHGE\WKH=RQLQJ$GPLQLVWUDWRU3ODQQLQJ&RPPLVVLRQ RU&LW\&RXQFLOGXULQJDSXEOLFKHDULQJRQWKHSURMHFW$SXEOLFKHDULQJLVDIRUPDOPHHWLQJ KHOGWRUHFHLYHWHVWLPRQ\IURPDOOLQWHUHVWHGSDUWLHVRQDSURSRVHGGHYHORSPHQWSURMHFW policy, or action taken by an advisory or a decision-making body. All planning permits require the City to provide public notice to neighboring property owners giving them an RSSRUWXQLW\WRSURYLGHLQSXWEHIRUHWKH&LW\GHFLGHVRQDSURMHFW What to Expect
Once your project is complete and complies with all City requirements, Planning staff will ÀUVWVFKHGXOHWKHGDWHIRU\RXUSXEOLFKHDULQJDQGSUHSDUHDQ\UHTXLUHGPDLOLQJVSRVWLQJV and publications to notice the hearing in accordance with State law. Planning staff will WKHQSUHSDUHWKHUHTXLUHGVWDIIUHSRUWFRQGLWLRQVRIDSSURYDODQGÀQGLQJVRIDSSURYDO Finally, at the hearing, Planning staff will present the project to the hearing body with a staff recommendation and answer any questions related to the project. keep in mind...
•3URMHFWVUHTXLULQJ3ODQQLQJ&RPPLVVLRQDSSURYDORQO\UHTXLUHRQHKHDULQJEXWSURMHFWV requiring City Council approval require two hearings.
•While not required, your attendance to the public hearing is strongly encouraged. <RXZLOOKDYHWKHRSSRUWXQLW\WRVKDUHWKHVWRU\EHKLQG\RXUSURMHFWDQG\RXUSURMHFW REMHFWLYHV'HFLVLRQPDNHUVZLOODOVRVRPHWLPHVGLUHFWTXHVWLRQVWRWKHDSSOLFDQW •The hearing body may approve, approve with changes, deny, or continue the application.
•,IDGGLWLRQDOLQIRUPDWLRQLVQHHGHGRUWKHKHDULQJERG\QHHGVPRUHWLPHWRPDNHD GHFLVLRQWKHKHDULQJERG\PD\QRWPDNHDGHFLVLRQDQG´FRQWLQXHµWKHPDWWHUIRUD subsequent hearing.
schedule & notice hearings
When a notice of a public hearing is required, the notice must be given at least 10 days before the hearing date. The notice will be SXEOLVKHGLQWKH&LW\·VORFDOQHZVSDSHUSRVWHGZLWKLQWKHSURMHFW site, and mailed to neighboring residents. Notice may also be given WRWKH0LOSLWDV8QLÀHG6FKRRO'LVWULFWDQGDQ\RWKHUORFDODJHQFLHV WKDWSURYLGHLPSRUWDQWIDFLOLWLHVDQGVHUYLFHVWRWKHSURMHFW Step 3: Noticing & Decision-Making
See ‘Who Decides’, ruling actions, and
meeting information on the following pages
of Step 3: Noticing & Decision-Making.
PLANNING STAFF prepare
the required documents,
schedule the hearing date,
and present the project to
the hearing body.
DECISION MAKERS will either approve,
conditionally approve, or disapprove an
application in accordance with the city
codes and vision. Decision makers are
the City Council, Zoning Administrator,
& the Planning Commission.
key players in Step 3: conditions of approval
&RQGLWLRQVRI$SSURYDODUHUHTXLUHPHQWVSODFHGRQDSURMHFWE\ WKH&LW\IRUSURMHFWVWRFRQIRUPWR6WDWH)HGHUDORUORFDOODZV These may include regulations enforced by various agencies and departments. Planning Staff will work with internal staff to collect and review draft conditions of approvals, in addition to ZRUNLQJZLWKWKHSURMHFWDSSOLFDQWWRDGGUHVVDQ\FRQFHUQVDQG FRQÁLFWVEHIRUHÀQDOL]LQJWKHVWDIIUHSRUW
CEQA
,ID1HJDWLYH'HFODUDWLRQRU(QYLURQPHQWDO,PSDFW5HSRUWZDV SUHSDUHGIRUWKHSURMHFWDSXEOLFUHYLHZSHULRGRIWKHHQYLURQPHQWDO document ranging from 30 to 60 days, and a public hearing is required. The Planning Commission and/or City Council will consider the environmental document and review the environmental GHWHUPLQDWLRQRIWKHSURMHFWEHIRUHDÀQDOGHFLVLRQRQWKHVLWH GHYHORSPHQWDQGRWKHUDSSOLFDWLRQVUHODWHGWRWKHSURMHFWLVPDGH for more information on ceqa see section iv: page 52
160
Item # C6.
II. DEVELOPMENT REVIEW PROCESS
2726
Decision Maker Roles,
Ruling Actions,
& Meeting information
PLANNING STAFF ZONING ADMINISTRATOR PLANNING COMMISSION CITY COUNCIL WHO Planning Staff
(Current Planning)
Approves Site Development Permits,
Minor Site Development Permits, Minor
Conditional Use Permits and other
PLQRUSURMHFWUHYLHZV
Seven members:
Appointed by City Council
(Milpitas Citizens and Registered
Voters)
)LYHHOHFWHGRIÀFLDOV
including the Mayor and Vice
Mayor
ROLE ´&RXQWHUµKRXUVDQVZHU
applicant questions,
Enforces land-use code within
Milpitas, reviews applications.
&RQVLGHUVWKHRYHUDOOSURMHFWLQFOXGLQJ
building form, color and material,
landscaping, use of property, and
VSHFLÀFLVVXHVUHODWHGWRDSURMHFW
Establishes and reviews
ordinances and makes policy
decisions related to land use
applications.
ACTION
Administrative Review
(Approve or Deny) Simple
Permits at the Permit Center
Takes action on permits requiring a
Zoning Administrator Hearing
Takes action late in the Development
Review Process and has the authority
WRDSSURYHGHQ\RUPRGLI\DSURMHFW
and may request more information or
studies from the applicant.
For site development permits
on the hillside, subdivisions,
and any requests to amend a
land use plan the City Council
PDNHVWKHÀQDOGHFLVLRQRQ
DSURMHFWDIWHUWKH3ODQQLQJ
Commission provides them
with a recommendation.
MEETS
WHEN 2IÀFHKRXUV 9:00 a.m.
Second Thursdays
7:00 p.m.
Second and Fourth Wednesdays
7:00 p.m.
First and Third Tuesdays
MEETS
WHERE Weekly staff meetings Council Chambers, Milpitas City Hall 455 E Calaveras Blvd.
Milpitas City Hall
Who Decides?
Step 3: Noticing & Decision-Making
if your planning permit is...
Planning staff will work with you to get
the project to a place where decision-
makers can support it - but if your
project is denied, Let’s try again!
You are one step closer! Go to Step 4.
You
CONTINUE TO STEP 4
REPEAT STEP 2
APPROVED
Planning staff will work with you to get
NOT APPROVED
decision appeals
$Q\SHUVRQDJJULHYHGE\DÀQDOGHFLVLRQRIDERDUGFRPPLVVLRQRUGHSDUWPHQW head, whether the applicant or member of the public, may appeal the decision to WKH&LW\&RXQFLOE\ÀOLQJZULWWHQQRWLFHRIWKHDSSHDOZLWKWKH&LW\&OHUNZLWKLQ calendar days of the date of said decision and paying the required fee. The next higher decision-making body will hear your appeal. However, the City Council’s GHFLVLRQLVÀQDODQGFDQQRWEHDSSHDOHG
161
Item # C6.
II. DEVELOPMENT REVIEW PROCESS
2928
Congratulations, your planning permits have been approved! You are not quite done yet. You will need to obtain building permits.
The Building Safety and Housing Department issues building permits by reviewing FRQVWUXFWLRQSODQVWRPDNHVXUHWKHSURMHFWFRPSOLHVZLWKDSSOLFDEOH6WDWHDQGORFDO laws. A review of architectural, structural, plumbing, mechanical, electrical, and life safety systems may be included during this process. At this time, other City Departments DQG2XWVLGH$JHQFLHVPD\QHHGWRUHYLHZWKHSURMHFWDVZHOO ,IDSSOLFDEOH\RXZLOOQHHGWRREWDLQ(QJLQHHULQJ3HUPLWV HJ*UDGLQJ3HUPLWVDQG
Encroachment Permits for off-site improvements) and Fire Permits (e.g., Fire Sprinkler DQG)LUH$ODUP3HUPLWV
GXULQJWKLVVWHS7KHSURFHVVIRUREWDLQLQJHQJLQHHULQJDQGÀUH permits is similar to the building permit process.
What to Expect
You will submit construction drawings, application materials, and forms to the Permit Center and pay for plan check fees. Review time depends on the type of project. If your building permit application is approved, you will pay the required building permit fees, and then your permit will be issued.
keep in mind...
•,IDGHSDUWPHQWGRHVQRWDSSURYHWKHUHYLHZFRPPHQWVZLOOEHVHQWWR\RXDQG\RX will have to resubmit construction documents with the corrections for review. •3HUPLWUHYLHZWLPHDQGIHHVGHSHQGRQWKHSURMHFWVFRSH •This is when the City collects various development impact fees (e.g. public art fee, school impact fee, utility connection fees, etc.)
Step 4: Permitting
concurrent review
Concurrent Review is when Planning and Building permit
applications are processed at the same time at the
applicants’ own risk as managing the fees, applications, and timelines can be challenging. Concurrent review
FDQDGGDVLJQLÀFDQWDPRXQWRIWLPHDQGFRVWWRWKH
Development Review Process if any changes to the
SURMHFWDUHUHTXLUHG&RQFXUUHQW5HYLHZLVXVXDOO\SXUVXHG by Developers and General Contractors and is not
recommended for residential homeowners.
A PERMIT TECHNICIAN at the Permit
Center will review the application
for completeness & accepts plan
check fees from applicant.
A PROJECT COORDINATOR will be
assigned to your project and will be
the main contact for the applicant
for the plan review process.
APPLICANT submits building
permit application & pays
fees to the Permit Center.
key players in Step 4:
PLAN REVIEWERS from Building
Safety & Housing, Fire, Land
Development & Engineering, &
Planning review building permit
submittal documents and drawings.
gs.
Jump to appendix: pages 66-69 for more detailed
information on building permits & applications
Submit Building Permit Application
The Permit Technician will process the application and let you know your required plan check fees. Pay your fees online or at the Permit Center.
Plan Review
Plan Reviewers will review your plans and indicate if you need WRPDNHDQ\DGMXVWPHQWVIRUEXLOGLQJFRGHFRPSOLDQFH
Permit Approval
<RXU3URMHFW&RRUGLQDWRUZLOODOHUW\RXWKDW\RXUEXLOGLQJ permits have been approved or need to be resubmitted.
Issuance
The Permit Technician will let you know what your required permit fees and any pending documents required. Pay fees and provide required documentation to be issued your newly approved building permits.
Construction & Inspection, Final Approval,
DQG&HUWLÀFDWHRI2FFXSDQF\
See Step 5: Construction, on the following pages 30-31. building permit process:
162
Item # C6.
II. DEVELOPMENT REVIEW PROCESS
3130
Step 5: Construction
At this stage, you have obtained your Planning and Building permits. You are now entering into the construction and inspection phase of the Building Permit Process with the Milpitas %XLOGLQJ6DIHW\DQG+RXVLQJ'HSDUWPHQW,WLVQRZWLPHWREHJLQ\RXUFRQVWUXFWLRQVFKHGXOH inspections, and show up for your inspections. The City will inspect your construction in that you build what was approved and planned. Construction inspections from the City ensures building FRGHVKDYHEHHQPHWLQWKHÀHOGDQGWKHVLWHDQGEXLOGLQJDUHVDIHIRURFFXSDQF\DIWHU construction is completed. The Engineering Dept. also coordinates with inspectors from Public Works to ensure that construction of any required public improvements goes according to plan. )ROORZLQJFRQVWUXFWLRQDQGLQVSHFWLRQLQVSHFWRUVYHULI\WKDW\RXUSURMHFWKDVEHHQFRQVWUXFWHG LQFRPSOLDQFHZLWKWKHDSSURYHGSODQVDQG\RXUEXLOGLQJSHUPLWVZLOOEHÀQDOL]HG<RXZLOO UHFHLYH\RXU&HUWLÀFDWHRI2FFXSDQF\DQGFDQQRZHQMR\\RXUÀQLVKHGSURMHFW For Larger Developments and Commercial Projects: A pre-construction meeting ZLOODOORZWKHSURMHFWWHDPWRFRRUGLQDWHZLWKWKH&LW\WRXQGHUVWDQGKRZWKH &LW\ZLOOZRUNZLWKWKHSURMHFWWHDPGXULQJFRQVWUXFWLRQDQGJLYHDGYLFHRQKRZ WRPDNHWKHLQVSHFWLRQSURFHVVEHIRUHGXULQJDQGDIWHUSURMHFWFRQVWUXFWLRQJR VPRRWKO\%HSUHSDUHGWRGLVFXVVWKHPDQGDWRU\UHTXLUHPHQWVIRUWKHSURMHFW LQFOXGLQJRQDQGRIIVLWHVWRUPZDWHUSROOXWLRQSUHYHQWLRQSODQWUDIÀFFRQWURO WUXFNDFFHVVDQGURXWHVDQGDQ\VSHFLDOUHTXLUHPHQWVIRUWKHSURMHFW For Residential Projects: A pre-construction meeting is generally not necessary for homeowner applicants and is not required. However, should your General Contractor like to discuss necessary details with the City, they have the option to meet for a pre-construction meeting to address any concerns. pre-construction meeting
conditions of approval
revision application
keep in mind for the construction phase:
,IWKHUHDUHDQ\FKDQJHVWR\RXUEXLOGLQJSODQRUGHVLJQ after you have received your approved permits, you
will need to submit a revision application. This revision could trigger another Planning Review or Building Permit 5HYLHZZKLFKZLOOH[WHQGWKHWLPHOLQHRI\RXUSURMHFW and will require additional review and fees.
Y[hj_ÂYWj[e\eYYkfWdYo $&HUWLÀFDWHRI2FFXSDQF\RUVRPHWLPHVUHIHUUHGWRDVD´&RI2µLVD FRQÀUPDWLRQWKDW\RXUSURMHFWKDVPHWDOOWKHQHFHVVDU\EXLOGLQJFRGHV LQVSHFWLRQVDQGFRQGLWLRQVRIDSSURYDO<RXU&HUWLÀFDWHZLOOLQFOXGHWKH LQWHQGHGOHJDOXVHRIWKHSURMHFWDVDUHWDLOFRPPHUFLDOLQGXVWULDORUPL[HG XVHEXLOGLQJ(QJLQHHULQJDQGÀUHSHUPLWVPXVWEHDSSURYHGSULRUWRUHFHLYLQJD &HUWLÀFDWHRI2FFXSDQF\7KLV&HUWLÀFDWHZLOOEHPDLOHGWRWKHDSSOLFDQWDIWHU WKHÀQDOLQVSHFWLRQLVSDVVHGDQG\RXDUHQRZOHJDOWRRFFXS\ PRYHLQWR
\RXUQHZO\FRQVWUXFWHGSURMHFW
public improvements :KHQSXEOLFLPSURYHPHQWVDUHUHTXLUHGDVSDUWRIWKHSURMHFW\RXPXVWVXEPLW 3XEOLF,PSURYHPHQW3ODQVWRWKH(QJLQHHULQJ'HSDUWPHQWIROORZLQJ&RQVWUXFWLRQ DQG,QVSHFWLRQ7KH(QJLQHHULQJ'HSDUWPHQWHQVXUHVWKDWDOOZRUNWKDWZLOOEHGRQH ZLWKLQWKH&LW\·VULJKWRIZD\PHHWVWKH&LW\·V6WDQGDUGVDQG6SHFLÀFDWLRQV2QFH the plans are approved, the Engineering Department will issue an Encroachment Permit that will allow the applicant to begin construction. The Engineering Department will coordinate with you to obtain as-builts of the public improvements for the City’s record, which is then taken to the City Council for acceptance. <RXPD\KDYHVRPH´&RQGLWLRQVRI$SSURYDOµWKDWDUH
relevant to this construction phase - make sure that you comply with all the Conditions noted on your approved
permits during construction.
163
Item # C6.
III. ROLES & RESPONSIBILITIES
3332
33333
Section III:
Roles and Responsibilities
This section provides a detailed account of the Roles & Responsibilities of each key player, in addition to what is required of the key players at each step of the process.
roles & responsibilities at a glance
This is you! Develop plan,
hire professionals, submit
applications, materials, & fees.
Works closely with Planning Staff.
The Applicant
planning staff
Guides you through the permitting
process, reviews planning permit
applications, and works with city
departments, decision makers, and the
community for project approvals.
Provides feedback on proposed
projects through public hearings
or written statements.
The Community
decision makers
s
Approves new developments and
planning permits that are in accordance
with the city’s codes and vision.
Each key player within the Development Review
Process has distinct responsibilities that involve
coordination with other people within the process.
other city
departments
Ensures all new buildings and developments are safe for the community and adequately served by infrastructure
by reviewing applications, issuing permits, inspecting sites, DQGSURYLGLQJ&HUWLÀFDWHVRI2FFXSDQF\
o
d
wb
164
Item # C6.
III. ROLES & RESPONSIBILITIES
3534
Applicant Best Practices:
Design
Select a qualified development team and
FRQVXOWDQWVIRUWKHSURSRVHGSURMHFW
'HVLJQWKHSURSRVHGSURMHFWZLWKVHOHFWHG
designer/consultant (City staff is not responsible
IRUGHVLJQLQJ\RXUSURMHFW
Coordinate
Work with outside utilities to identify points of
connection and needed infrastructure (the City
does not provide this information).
Revise
Refer questions, issues, and revisions associated
ZLWKDILOHGSURMHFWDSSOLFDWLRQWRWKHDVVLJQHG
Planning staff.
Notify the assigned Planning staff if there is a
PDMRUFKDQJHWRDSURSRVHGSURMHFWXQGHU
review.
Work collaboratively to identify and propose
common solutions.
Research
*DWKHULQIRUPDWLRQRQWKHSURMHFWVLWHLWVKLVWRU\
and existing conditions.
Review the General Plan, Specific Plans, Design
Guidelines, Municipal Code and Past Approvals.
Visit
9LVLWWKHSURMHFWVLWHDWGLIIHUHQWWLPHVRIWKHGD\
(day and night and weekday and weekend) to
observe the site and surrounding neighborhoods
for patterns in issues like parking, lighting, and
noise.
Plan
Prepare a plan that is compliant with code and
GHVLJQUHTXLUHPHQWV$ZULWWHQSURMHFWGHVFULSWLRQ
accompanying the preliminary site plan should
also be included.
Follow City policies, procedures and code
UHJXODWLRQVDVVRFLDWHGZLWKWKHSURSRVHGSURMHFW
6XEPLWFRPSOHWHDQGDFFXUDWHSURMHFW
applications.
Talk to Neighbors
Meet with nearby residents, businesses, property
owners, and neighborhood associations to inform
WKHPRIWKHSURSRVHGSURMHFWDQGOLVWHQWRWKHLU
input and suggestions.
• Hearing Bodies will either Approve, Conditionally
Approve, or Deny your Application.
• ,I\RXUDSSOLFDWLRQLVGHQLHG\RXPXVWZRUN
with Planning Staff and address comments to
resubmit your application (Step 2).
• Submit Building Permit Applications & Pay Fees.
• :RUNZLWKWKH3HUPLW7HFKQLFLDQ 3URMHFW
Coordinator.
• ,I\RXU%XLOGLQJ3HUPLWLVQRWDSSURYHG
you must address comments and resubmit.
• Meet with a planner to go over your
DSSOLFDWLRQPDWHULDOVDQGWRGHWHUPLQHSURMHFW
´FRPSOHWHQHVVµ
• Application fees are due at the time of submittal.
• 5HYLHZ\RXUSURMHFWZLWKSODQQLQJVWDII
• Complete a checklist of the application
requirements, the City’s development standards
DQGUHTXLUHPHQWVDQGDQ\VSHFLÀFLVVXHVWKDW
should be addressed in the application.
Pre-Application Meeting & Review
(optional)
1.1. Plan Review & Processing2.2.
Noticing & Decision Making3.3.
Permitting 4.4.
Construction5.5.
• Begin your construction, keep in touch with the
city, and show up for your inspections.
• Be aware of your Conditions of Approval during
construction.
The Applicant /
homeowner
The project applicant is responsible for
coordinating and submitting the project
application including plans, technical
UHSRUWVVSHFLÀFDWLRQVDQGIHHVDVVRFLDWHG
with both the planning and building review
in the Development Review Process.
,WLVFUXFLDOIRUSURMHFWDSSOLFDQWVWRDOORFDWH
adequate time to prepare quality plans and
studies for submission to the City to make
sure all requirements are met.
Please work closely with your design team,
which may include property owners,
architects, designers, engineers, contractors,
and technical experts in preparing the
SURMHFWDSSOLFDWLRQVDQGVWXGLHV$OVRPHHW
with nearby residents, businesses, property
owners, and neighborhood associations
WRLQIRUPWKHPRIWKHSURSRVHGSURMHFW
Everything moves more quickly and smoothly
when applications are complete, thorough
and thoughtful.
Responsibility: Project Owner
Applicant
165
Item # C6.
III. ROLES & RESPONSIBILITIES
3736
Address all Applicant’s questions
3URYLGHVXJJHVWLRQVDQGDGYLFHIRUSURMHFWDSSOLFDQWV
3UHVHQWSURMHFWVWRWKH3ODQQLQJ&RPPLVVLRQDQG&LW\&RXQFLO
Communicate with interested community members
5HYLHZSURMHFWVIRUFRPSOLDQFHZLWK&LW\·VFRGHVDQGVWDQGDUGV
Make recommendations based on findings of approval or denial
While Planning Staff can approve administrative (i.e., staff-level) planning permits, they are not responsible for getting your discretionary planning permit approved by the Zoning Administrator, Planning Commission, or City Council.
Planning Staff Best Practices:
The Planning Department is responsible for two primary
functions related to land use planning and development in Milpitas: Current and Long-Range Planning.
Current Planning consists of helping residents, business owners, architects, and developers understand and follow the City’s policies and regulations for development and facilitating the Development Review Process.
Long-Range Planning involves preparing, maintaining, and implementing the City’s General Plan, associated Specific Plans, and other planning and policy documents that
guide development.
About the Planning Department
Learn more about the Planning Department’s
Goals, Documentation, & City coding in
Section IV: Planning, Policies, and Regulations
Location: City Hall
455 E Calaveras Blvd. Milpitas CA 95035
Phone: (408)-586-3279
Email: [email protected]
Hours: Monday - Friday: 8am - 5pm,
Milpitas Planning Department
https://www.ci.milpitas.ca.gov/
planningdepartment/
Planning Staff
Planning Staff will help guide you
through the Development Review
Process and assist in getting your
project approved. The planner
is the central point of contact to
coordinate and communicate
comments between other City
departments, the applicant, and
hearing bodies.
The Planning Department promotes
informed decision-making by
communicating its analysis and
recommendations to decision makers
through reports and presentations
and when necessary, facilitating
community meetings.
Responsibility:
Project Manager
• Prepare documentation for public hearing,
schedule public hearing date, and prepare
public notices.
• Provides a recommendation to the City Council
or Planning Commission to approve, approve
ZLWKFRQGLWLRQVRUGHQ\WKHSURMHFW
• ,IWKHSURMHFWGRHVQRWFRPSO\ZLWKWKH
standards of the City, Planning Staff is required
to explain that to the hearing body.
• :KLOH3ODQQLQJ6WDIILVWKHSURMHFWPDQDJHUGXULQJ
Planning Review (Steps 1-3), they play a supporting
role to Building Staff during Building Review to ensure that building permit applications comply with the
conditions of approval of the planning permit.
• When an application is submitted, assign a
PHPEHURI3ODQQLQJ6WDIIWRWKHSURMHFW
• Distribute the application to other city
departments with a request for comments and
conditions.
• 5HYLHZSURMHFWVIRUFRPSOLDQFHZLWK&LW\FRGHV
and policies and the Zoning Ordinance.
• ,GHQWLI\DOOPDWHULDOVGUDZLQJVDQGSDSHUZRUN
QHFHVVDU\IRUSURMHFWFRPSOHWHQHVV
• Show applicant how to access the General Plan,
Zoning information, and design guidelines.
• Offer recommendations to streamline application.
Pre-Application Meeting & Review
(optional for Applicant)
1.1. Plan Review & Processing2.2.
Noticing & Decision Making3.3.
Permitting 4.4.
Construction (n/a)5.5.
Planning
staff
166
Item # C6.
III. ROLES & RESPONSIBILITIES
3938
City Departments
Other City Departments also play an important role in the Development Review Process. These Departments provide support to the Planning Department by reviewing projects for compliance with the City’s non- SODQQLQJUHJXODWLRQVUHODWHGWREXLOGLQJFRGHVXWLOLWLHVWUDIÀFÀUHVDIHW\HWF Responsibility: Technical Experts
Engineering Department
• Reviews Permit Applications.
• &KHFNVIHDVLELOLW\RIQHZSURMHFWVZLWK
ÀUHFRGHUHTXLUHPHQWV
HJÀUHDFFHVV
height, stories).
• (QVXUHVSURMHFWVLQFRUSRUDWHFULPH
prevention through environmental design
principles (CPTED).
Public Safety depts.
(Fire and Police)
• Reviews Permit Applications.
• Checks feasibility of proposed water, sewer,
and garbage plans.
• Checks feasibility of applications with the
City’s recycled water program, Urgent
Drought Ordinance, FEMA, stormwater, solid
waste/recycling, and landscaping.
• &KHFNVSRWHQWLDOWUDIÀFLPSDFW
The City of Milpitas has an Engineering
Department dedicated to enhancing
the quality of life in Milpitas with well-
engineered City infrastructure projects
and safeguarding the City’s resources
and the environment.
Dedicated to providing quality and
responsive service for the community,
the Fire and Police Department’s
purpose is to serve and protect the
community of Milpitas.
Responsibilities:
Responsibilities:
The Building Safety and Housing Department is
FRPPLWWHGWRIXOÀOOLQJWKHQHHGVRIRXUFRPPXQLW\
to protect the lives and safety of the citizens of
Milpitas, to preserve the City quality of life and
contribute to the City’s economic development.
Building Safety &
housing Department
Responsibilities:
• Reviews applications in compliance with the City’s building code requirements.
• Ensures all Building Permits are compliant with City codes. • Assists applicants in the Building Permit process.
• Point of contact for applicant during the Building Permit Process.
The City Departments involved with
the Development Review Process assist
LQ3ODQ5HYLHZWKURXJK6WHSVWR,Q
Step 4: Permitting, you work directly with
these departments to assist in your permit
approval process.
Step 4: Permitting
Roles & Responsibilities
Permit Technician
At the Permit Center, the Permit
Technician accepts application and fees,
determines type of review and assists
applicant with building permit process.
Plan Reviewer
Members of City staff will review your plan
when you submit your permit applications
for your building permits.
Project Coordinator
7KH3URMHFW&RRUGLQDWRULVWKHDSSOLFDQW·V
main point of contact during building
permit and plan review and coordinates
with other departments; sends comment
letter to applicant.
engineering
building safety
s
a
f
g
s
g
s
Âre & police
Â
Building Safety & Housing Department
https://www.ci.milpitas.ca.gov/milpitas/
departments/building-and-safety-department/
Monday - Friday: 8am - 5pm
Closed Thursday: 8am - 10am |Friday: Virtual Services
PHONE: (408) 586-3240
EMAIL: [email protected]
2WKHU&LW\'HSDUWPHQWVSURYLGHFRPPHQWVGXULQJ3ODQQLQJ5HYLHZWRÁDJ VLJQLÀFDQWLVVXHVHDUO\RQDQGKHOSPLQLPL]HUHYLVLRQVGXULQJ%XLOGLQJ5HYLHZ 'XULQJ%XLOGLQJ5HYLHZWKHLUFRPPHQWVZLOOEHPRUHGHWDLOHGDQGÀQDO7KH\ also provide project conditions of approval during Planning Review. 167
Item # C6.
III. ROLES & RESPONSIBILITIES
4140
The Community
All planning permits require the City to provide public notice to neighboring property owners giving them an opportunity to provide input before the City decides on a project. Except for decisions made by Planning staff (refer to Section x page xx), all decisions are made by the Planning Commission or City Council and are only reached after conducting a public KHDULQJRQWKHSURMHFW
The Planning Department may provide a variety of opportunities for people to participate in the development review process, and must provide public notice to people living near a SURMHFWVLWHEHIRUHPDNLQJDGHFLVLRQRQDSURMHFWCall. Find out what is proposed at a location by calling the Planning Department at
408.586.3279, or visiting the Planning Department
website at: www.ci.milpitas.ca.gov/milpitas/
GHSDUWPHQWVGHYHORSPHQWSURMHFWV
Research. Learn about the Development
5HYLHZ3URFHVVE\ÀQGLQJRXWWKHW\SHRISODQ
submitted, what issues will be addressed in the
plan’s review, and how to voice your concerns.
Identify. Find relevant issues such as
WKHSURMHFW·VHIIHFWRQWKHQHLJKERUKRRG
environmental impacts, public infrastructure,
DQGWUDIÀF
Coordinate. Talk with neighbors and other
groups to coordinate everyone’s concerns.
Speak up. Express your concerns in an
e-mail, letter, or in-person at a Planning
Commission hearing. Find relevant issues such
DVWKHSURMHFW·VHIIHFWRQWKHQHLJKERUKRRG
environmental impacts, public infrastructure,
DQGWUDIÀF
Understand. Know what the City can and
cannot do in regulating development and rely
on facts rather than feelings for important issues
HJWUDIÀFDUFKLWHFWXUHQRLVHHWF
Community Best Practices:
Responsibility: Engage in Project Feedback
theCommunity
The City has a list of outside agencies City
VWDIIDQGSURMHFWGHYHORSHUVPD\EHUHTXLUHG
to contact during the development review
process and includes the name of the
agency, contact information and resources,
and general requirements and timeline for
each agency. Please contact the Planning
Department for more information.
• Milpitas School District
•V T A
•A B C
• Santa Clara Valley Water District
(SCVWD)
• Milpitas Chamber of Commerce
• San Francisco Water Department
(Hetch-Hetchy)
• Metropolitan Transportation
Commission (MTC)
• Association of Bay Area
Governments (ABAG)
• CalTrans
outside agencies
Sometimes the Development Review Process requires City staff and developers to coordinate with other City Departments to obtain approvals prior to proceeding with phases of construction work. This part of the process could be time consuming and UHTXLUHV&LW\VWDIIDQGSURMHFWDSSOLFDQWVWREHNQRZOHGJHDEOH about each department’s requirements, process, and timeline. other city departments
Responsibilities:
• Helps facilitate a smooth development review process, identify pinch points and expedite certain aspects when necessary • Liaises between businesses, real estate developers, and City departments before and during the permitting process
• Engages in business attraction, expansion, and retention in Milpitas • Public Works
• Recreation Services
• E\ÂY[e\;Yedec_Y:[l[befc[dj
7KH2IÀFHRI(FRQRPLF'HYHORSPHQWIUHTXHQWO\UHVSRQGVWR business and real estate development community needs and inquiries regarding the development review process before commencement of the formal permit process. The team has an important role to play in the review process as they often assist various City departments to ensure business activity is KDSSHQLQJDQGEHQHÀWLQJWKHFLW\7KH\ZRUNFROODERUDWLYHO\ DFURVVGHSDUWPHQWVWRLGHQWLI\SURMHFWVZKLFKVKRXOGEHSURYLGHG additional support or expedited services based upon City priorities, and more generally, to mitigate any permit or development review issues that may be hindering new business activity within the city. 168
Item # C6.
III. ROLES & RESPONSIBILITIES
4342
Decision Makers
Responsibility: Approve or Deny an Application
City staff, the Planning Commission, the
Zoning Administrator, and the City Council
make the decision for different land use
permits (see following page), and have
the authority to entitle an applicant to
PRYHIRUZDUGZLWKDSURMHFW7KH3ODQQLQJ
Department staff is able to make a limited
set of decisions; all other land use decisions
are reached at a public hearing either
before the Planning Commission, Zoning
Administrator, or City Council depending on
WKHW\SHRISURMHFW
5HYLHZHYHU\SURMHFWEDVHGRQWKH
merits and consistency with the
General Plan, specific plans, zoning,
and other adopted policies.
The Planning Zoning Administrator
is the Planning Director or his/her
designer has approval authority.
Recuse designee from making
decisions on matters where there
might be a conflict of interest.
7UHDWHYHU\SURMHFWDQGDSSOLFDWLRQ
the same.
Put personal feelings aside, and
make decisions that are fair and
defensible.
Decision makers consider the approval
of an application based upon the
Planning Staff report including project
ÀQGLQJVDQGFRQGLWLRQVRIDSSURYDOWKH
City’s code and adopted policies, and
community feedback.
Best Practices:
Decision Maker Roles,
Ruling Actions,
& Meeting information
Milpitas City Hall
Who Decides?
D
o
Decision
Makers
PLANNING STAFF ZONING ADMINISTRATOR PLANNING COMMISSION CITY COUNCIL WHO Planning Staff
(Current Planning)
Approves Site Development Permits,
Minor Site Development Permits, Minor
Conditional Use Permits and other
PLQRUSURMHFWUHYLHZV
Seven members:
Appointed by City Council
(Milpitas Citizens and Registered
Voters)
)LYHHOHFWHGRIÀFLDOV
including the Mayor and Vice
Mayor
ROLE ´&RXQWHUµKRXUVDQVZHU
applicant questions,
Enforces land-use code within
Milpitas, reviews applications.
&RQVLGHUVWKHRYHUDOOSURMHFWLQFOXGLQJ
building form, color and material,
landscaping, use of property, and
VSHFLÀFLVVXHVUHODWHGWRDSURMHFW
Establishes and reviews
ordinances and makes policy
decisions related to land use
applications.
ACTION
Administrative Review
(Approve or Deny) Simple
Permits at the Permit Center
Takes action on permits requiring a
Zoning Administrator Hearing
Takes action late in the Development
Review Process and has the authority
WRDSSURYHGHQ\RUPRGLI\DSURMHFW
and may request more information or
studies from the applicant.
For site development permits
on the hillside, subdivisions,
and any requests to amend a
land use plan the City Council
PDNHVWKHÀQDOGHFLVLRQRQ
DSURMHFWDIWHUWKH3ODQQLQJ
Commission provides them
with a recommendation.
MEETS
WHEN 2IÀFHKRXUV 9:00 a.m.
Second Thursdays
7:00 p.m.
Second and Fourth Wednesdays
7:00 p.m.
First and Third Tuesdays
MEETS
WHERE Weekly staff meetings Council Chambers, Milpitas City Hall 455 E Calaveras Blvd.
169
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
4544
44 Section IV:
Planning, Policies & Regulations
This section is an introduction to some of the most commonly cited City regulations or policies that impact whether an application is approved.
We will introduce the most common plans, zoning, CEQA, and other regulations that may impact your project.
overview
Now that you understand what the Development Review Process, it is important to have a general understanding on what regulations affect how your property can be developed. three main topics of this section:
Provides an overview of planning in the City
of Milpitas, including the difference between
Current Planning and Long Range Planning.
1. Introduction to Planning
2. Introduction to Zoning
Explains the Code, and introduces zone districts
(such as residential vs. non-residential zoning)
DQGKRZ\RXUSURMHFW·VORFDWLRQDIIHFWVWKH
development and building standards.
3. Planning with the Environment
The protection of California’s resources is vital.
This section will highlight complicating factors that
may impact your development, such as hillside
development, CEQA, tree removal, and the
management of stormwater on your property.
quick links:
Community & Citywide Plans
https://www.ci.milpitas.ca.gov/planning
department/community-and-citywide-plans/
Online Interactive Zoning Map
https://www.ci.milpitas.ca.gov/milpitas/
departments/maps/
Environmental Documents
https://www.ci.milpitas.ca.gov/milpitas/
departments/environmentaldocuments/
Building Safety Adopted Building Code
https://www.ci.milpitas.ca.gov/milpitas/
departments/adopted-building-municipal-codes/
Milpitas Planning Department
https://www.ci.milpitas.ca.gov/
planningdepartment/
170
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
4746
Introduction to Planning
The Planning Department of Milpitas’s mission is to prepare and plan for the future of the City, while addressing the immediate concerns and developments of today. These services are described as: Long Range or Current Planning.
Long Range Planning
,VWKHSURFHVVRILGHQWLI\LQJDQGDUWLFXODWLQJFRPPXQLW\ vision and values that guide how the city will evolve
over a long period of time, often as far out as twenty
to thirty years. Long range Planning Staff works with the community to identify a vision, goals, and a growth
strategy that will guide future development in the city. •
Preparing, maintaining, and updating the General
3ODQLQFOXGLQJWKH+RXVLQJ(OHPHQW6SHFLÀF3ODQV
and Design Guidelines and Standards.
• Drafting new zoning ordinances to amend the Zoning
Code, keep it up-to-date, and ensure the City has the
tools to implement the vision, goals, and policies in
the long-range plans.
• Work with other City departments to prepare citywide
master plans such as the Climate Action Plan, Utilities Master Plan, Trails, Pedestrian, and Bicycle Master
Plan, etc.
LONG RANGE PLANNING INCLUDES:
,VWKHSURFHVVRI´LPSOHPHQWLQJµWKHYLVLRQRIWKH&LW\RI Milpitas as it develops. During the Development Review
Process, Planning staff reviews applications for consistency ZLWKWKH*HQHUDO3ODQDQ\DSSOLFDEOH6SHFLÀF3ODQVGHVLJQ VWDQGDUGVDQGWKH]RQLQJFRGHWRHQVXUHWKDWWKHSURMHFW is consistent with the vision the community expressed
during Long Range Planning. These regulations guide
where development can occur, to what degree areas can
change, and the use, size, and location of new buildings. •
Facilitating the Development Review Process, which
involves: Reviewing applications for consistency with the *HQHUDO3ODQ6SHFLÀF3ODQV=RQLQJ&RGHDQG'HVLJQ
Guidelines and Standards; Ensuring projects will not have an adverse impact on the environment through CEQA; Issuing permits for project’s meeting all the City’s regulations • Providing counsel to the public, applicants, architects, and developers at the front counter (One-Stop Permits Center), over the phone, and via e-mail.
CURRENT PLANNING INCLUDES:
Current Planning
0LOSLWDVKDVWZRVSHFLÀFSODQV
7KHMilpitas
*DWHZD\0DLQ6W6SHFLÀF3ODQ provides a new
vision for Midtown which is the historic commercial
and industrial core of the City. The Milpitas Metro
6SHFLÀF3ODQ
IRUPHUO\7UDQVLW$UHD6SHFLÀF3ODQ
addresses the redevelopment of the southern
portion of the City near the Great Mall shopping
center and Milpitas Transit Center.
The Guidelines, Vision, and Goals from the General
Plan for the future of the City are the basis of the
Zoning Code, which is categorized into Zoning
Districts to further explain various areas of the
City. Current Planning applies the Zoning Code, in
approving permits and guiding applicants through
the Development Review Process.
The City of Milpitas General Plan
LGHQWLÀHVWKHFRPPXQLW\·VYLVLRQIRU
the future and provides a framework
that will guide decisions on growth,
development, and conservation
of open space and resources in a
manner that is consistent with the
quality of life desired by the city's
residents and businesses.
Milpitas General Plan
Bed]J[hcFbWdd_d]_dÃk[dY[ij^[:[l[befc[djH[l_[mFheY[ii 6SHFLÀF$UHD3ODQV
Zoning Code
If your project is located in the areas indicated
LQWKH6SHFLÀF3ODQVWKHUHZLOOEHDGGLWLRQDOGHVLJQ
guidelines and development considerations beyond
the base regulations of the Zoning Code.
6SHFLÀF3ODQVSURYLGHUHFRPPHQGDWLRQVDQG
SROLFLHVIRUVSHFLÀFDUHDVRIWKH&LW\DQGDGGUHVV
topics including land use, design guidelines,
streetscape design, parks, circulation, and
WUDQVSRUWDWLRQIRUWKHVSHFLÀFDUHD
Community & Citywide Plans
https://www.ci.milpitas.ca.gov/planning
department/community-and-citywide-plans/
171
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
4948
=RQLQJFODVVLÀHVWKH&LW\LQWR]RQLQJGLVWULFWVWKDWUHJXODWHWKHW\SHRIEXLOGLQJVDQGODQGXVHVDOORZHG on a site and establish appropriate development standards to guide new development.
Introduction to Zoning
Zone districts categorize the types of land uses allowed IRUDSURSHUW\(DFKGLVWULFWKDVVSHFLÀFVWDQGDUGV
allowable uses, and other requirements that guide
development on your site. Each Zone District is color
coded on the Zoning Map and has a corresponding
letter that is described within the Milpitas City Code.
Zone DistrictsMilpitas Municipal Code
The Milpitas Zoning Code is part of the Milpitas Municipal Code and describes the legal uses of property in Milpitas, HVWDEOLVKHVYDULRXVGLVWULFWVDQGGHÀQHVDSSURSULDWH
regulations for each district regarding building type, height and bulk, parking, land uses, and required open spaces for each district. Compliance with this ordinance is mandatory. 7KLVDSSOLHVWRDUHDVIURPWKH*HQHUDODQG6SHFLÀF
Area Plans that are evolving in how the Zone Districts
are categorized based on the future goals and vision
of the City. Contact a City Planner if you believe this is applied to your Zone District to better understand how
development standards are affected.
Transitional Zoning
Zoning Map of Milpitas Types of Zone Districts
& associated letter
designations in the city code
Milpitas Municipal Code Title XI:
Chapter 10: Zoning Code
https://library.municode.com/ca/milpitas/codes/
FRGHBRIBRUGLQDQFHV"QRGH,G 7,7;,=23/$1B&+=2
What Zone district is my property?
7RÀQG\RXUSURSHUW\·V=RQLQJ'LVWULFW
1. Open the Zoning Map on the city website;
2. )LQG\RXUSURSHUW\XVLQJDVWUHHWDGGUHVVRUPDMRU
surrounding street names.
3. Locate the color your property is shaded in the
legend to see your Zoning District. This will help
show you what types of planning permits you might
QHHGWRVXEPLWIRUSURMHFWDSSURYDO
4. Visit the One-Stop Building Permit Center, or
contact a Planner by phone for assistance.
Check the online Zoning Map
for the most updated version.
Online Interactive Zoning Map
https://www.ci.milpitas.ca.gov/milpitas/
departments/maps/
172
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
5150
Below are examples of how Residential Zones of Milpitas are organized based on type, size, and density.
Mixed Use Zoning (MXD) are areas where Residential and Commercial uses are shared within a certain zone.
R1 - Single Family
Residential
R2 - One & Two
Family Residential
R3 - Multiple Family R4 - Multiple Family
Very High Density
R5 - Urban
Residential
The R1 District is
intended for a single,
suburban family home.
The R2 District is
intended for suburban
family homes or
shared type of housing
within the residential
structure (i.e. a duplex
or townhouses)
The R3 District intent
LVWRPD[LPL]HWKH
intensity of land use
(apartments, condos)
that provides a
suitable environment
for family life.
The R4 District is
intended to provide
for higher-density
residential “villages”
structured around transit
stations, streets, creek
side open spaces, trails
and parks.
The purpose and
LQWHQWRIWKLV]RQHLV
to provide for high-
density residential
development
structured around
transit stations.
Residential Zone Districts
Town Center
(Commercial)
Industrial ZonesCommercial
Zones
Mixed Use Zones
These Zones are considered “Non-Residential” - however some zones such as Mixed-Use and Town Center allow for new or existing residential developments and structures.
MXD Zoning District
(Mixed Use Zoning District)
MXD 2 Zoning District
(High Density Mixed Use
Zoning District)
MXD3 Zoning District
(Very High Density Mixed
Use Zoning District)
TC Zoning District
(Town Center Zoning District)
CO Zoning District
(Administrative and Professional
2IÀFH=RQLQJ'LVWULFW
C1 Zoning District
(Neighborhood Commercial
Zoning District)
C2 Zoning District
(General Commercial Zoning
District)
HS Zoning District
(Highway Service Zoning District)
MP Zoning District
,QGXVWULDO3DUN=RQLQJ'LVWULFW
M1 Zoning District
/LJKW,QGXVWULDO=RQLQJ'LVWULFW
M2 Zoning District
+HDY\,QGXVWULDO=RQLQJ'LVWULFW
Other Types of Non-
Residential Zone Districts:
Agricultural (A)
Institutional (I)
Parks & Open
Space (POS)
Hillside Combining
District (HSD)
Non-Residential Zone Districts
Overlay Districts
2YHUOD\]RQLQJGLVWULFWV
allow jurisdictions
to establish special
]RQLQJUHTXLUHPHQWV
in certain areas for a
VSHFLÀFSXUSRVH
Introduction to Zoning:
173
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
5352
1. Find what type of Zoning District your
property is located in using the City of
Milpitas interactive Zoning Map online.
2. After you identify the Zoning District for your
property (e.g., R-1 or MXD2), locate the applicable
development standards in the Milpitas Municipal
Code under Chapter 10 (Zoning Ordinance).
3. Locate the Use regulations table
IRU\RXUVSHFLÀF=RQLQJ'LVWULFW
Understanding the Zoning Code
USE R1 R2 R3 R4 R5
1. Commercial
Commercial Services NP NP C C C
3URIHVVLRQDO2IÀFHVDQGUHODWHGXVHV
2IÀFHV NP NP C C C
3XEOLF4XDVL3XEOLFDQG,QVWLWXWLRQDO8VHV
Child care center C C P/C P P
Nursing home NP C C C C
3DUNSOD\JURXQGRUFRPPXQLW\FHQWHU
QRQSURÀW
CCCC C
Parking lots C C C C C
3 8VHLV3HUPLWWHG& 8VHLV3HUPLWWHGE\LVVXDQFHRID&RQGLWLRQDO8VH3HUPLW 13 8VHLV1RW3HUPLWWHG2 8VHLV6XEMHFWWRDQ$OWHUQDWLYH5HYLHZ3URFHVV Use tables are presented in the Zoning
Code and are usually organized by land
use categories that share similar physical
or operating features. As shown in this
H[DPSOHWDEOH\RXFDQÀQG\RXU]RQLQJ
district designation on the column heading
of the use table, and then look at the list
of uses in the left column of the table that
PDWFKHV\RXUSURSRVHGXVHWRÀQGWKH
approval requirement for the use.
4. Understand if the project
requires a conditional use permit
:KHQ\RXVHHWKHOHWWHU´&µZLWKLQWKH
Land Use Table, this means that you can
SURFHHGZLWKWKDWSURMHFWEXWUHTXLUH
a Conditional use Permit. A conditional
use permit is a zoning exception that
allows the property to be developed in
a way not otherwise permitted within the
particular zoning district.
USE R1 R2 R3 R4 R5
3XEOLF4XDVL3XEOLFDQG,QVWLWXWLRQDO8VHV
Child care center C C P/C P P
3 8VHLV3HUPLWWHG& 8VHLV3HUPLWWHGE\LVVXDQFHRID&RQGLWLRQDO8VH3HUPLW 13 8VHLV1RW3HUPLWWHG2 8VHLV6XEMHFWWRDQ$OWHUQDWLYH5HYLHZ3URFHVV For example, if you are proposing to open a child care center in the R1 district, you would ÀQGWKDWDFRQGLWLRQDOXVHSHUPLWZRXOGEHUHTXLUHG,IWKHXVH\RXDUHSURSRVLQJLVQRW on the use table, it typically means that the proposed use is not allowed. Contact the Planning Department to check.
Each Zoning District has its own set of
development standards such as setbacks
and building heights. There are also general
development standards that apply to all zoning
districts such as parking, accessory structures,
fences and walls, trash enclosures, and lighting.
6. Determine if your property is subject to special
GHYHORSPHQWVWDQGDUGVIURP6SHFLÀF3ODQVRYHUOD\
Zoning Districts, or planned developments
,GHQWLI\WKHDSSOLFDEOH'HVLJQ*XLGHOLQHVDQG6WDQGDUGV 3URMHFWVLQWKH6SHFLÀF3ODQDUHDVDUHVXEMHFWWRWKHDSSOLFDEOH 6SHFLÀF3ODQGHVLJQJXLGHOLQHV$OOPXOWLIDPLO\UHVLGHQWLDO developments and mixed-use developments with a residential FRPSRQHQWDUHVXEMHFWWRWKH&LW\·V2EMHFWLYH'HVLJQ6WDQGDUGV
5. Learn the Development
Standards for your Zoning District
AERIAL PLAN VIEW
SIDE YARD SETBACK
SIDE YARD SETBACK
REAR SETBACK
FRONT SETBACK
0LGWRZQ6SHFLÀF3ODQ
7UDQVLW$UHD6SHFLÀF3ODQ
City of Milpitas
Online Interactive Zoning Map
https://www.ci.milpitas.ca.gov/milpitas/
departments/maps/
Introduction to Zoning:
174
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
5554
CEQA is a set of regulations that helps govern the
protection of California’s natural resources - because
we must take care of our air, water, and planet. For a
GHYHORSPHQWSURMHFW&(4$KHOSGHWHUPLQHZKHWKHUDQ
DFWLYLW\LVVXEMHFWWRHQYLURQPHQWDOUHYLHZZKDWVWHSVDUH involved in the environmental review process, and the
required content of environmental documents.
All projects must comply with CEQA.
CEQA - California Environmental Quality Act
is my project exempt from ceqa?
what is ceqa?
Some common examples of exemptions include:
•Interior or exterior alterations such as plumbing and
electrical work to existing facilities
•Additions to existing structures if the addition does not result in an increase of more than 2,500 square feet
•Replacement of a commercial structure with a new
structure that is the same size, purpose, and capacity; •Single family homes in a residential zone, or a multi- family structure that has no more than four units
•Accessory structures such as garages, carports, patios, swimming pools, and fences
•Minor lot line adjustments, side yard, and setback
variances not resulting in the creation of any new parcel $SURMHFWPD\EHFRQVLGHUHG´H[HPSWµIURP&(4$RU
may need an extensive review process depending on the
SURMHFW·VVFDOHDQGLWVSRWHQWLDOLPSDFWWRWKHHQYLURQPHQW 7\SLFDOO\PLQRUSURMHFWVDUHH[HPSWIURP&(4$DQG
Categorical Exemption is determined by Planning staff.
,I\RXUSURMHFWLVH[HPSWIURP&(4$\RXFDQSURFHHGZLWK the Development Review process with no environmental
UHYLHZ3URMHFWVWKDWDUHQ·WH[HPSWZLOOUHTXLUHIXUWKHU VWXG\WRGHWHUPLQHLIWKHSURMHFWZLOOKDYH´VLJQLÀFDQWµ environmental impacts.
further ceqa study required if....
<RXUSURMHFWZLOOUHTXLUHDQEnvironmental Impact Report (EIR)LILWZLOOUHVXOWLQVLJQLÀFDQWDQGXQDYRLGDEOHLPSDFWVWR the environment even with mitigation. The process for an (,5LVVLPLODUWRD1HJDWLYH'HFODUDWLRQRU01'H[FHSWWKH SXEOLFUHYLHZSHULRGLVGD\V$OVRD)LQDO(,5WRDGGUHVV all comments received and a statement of overriding
FRQVLGHUDWLRQVWRH[SODLQZK\DSURMHFWLVDSSURYHGHYHQ ZLWKVLJQLÀFDQWDQGXQDYRLGDEOHLPSDFWVDUHUHTXLUHG
california environmentattlqualityt
act
Planning with the Environment <RXUSURMHFWZLOOUHTXLUHDNegative Declaration or Mitigated Negative Declaration (MND)LILWZLOOQRWUHVXOWLQVLJQLÀFDQWDQG unavoidable impacts to the environment. The City will hire an environmental consultant (at your cost) to prepare the required documentation. Following a public review period of 20-30 days, the decision-making body will consider the Negative 'HFODUDWLRQRU01'DORQJZLWK\RXUSURMHFWDWDSXEOLFKHDULQJ ceqa roadmap process
Is the project
exempt under
CEQA?
Will the project
KDYH´VLJQLÀFDQWµ
environmental impacts?
Prepare Negative
Declaration or MND
Conduct study
No further action required
Public Notice of
Negative Declaration
Prepare Environmental
Impact Report (EIR)
Public Notice of EIR
6LJQLÀFDQWPHDQVDPDMRULPSDFWWKDW
has the potential to degrade the quality
of the environment
Public Review (45 Days
Minimum)
Decision-making body
FRQVLGHUV DSSURYHVÀQDO(,5
3UHSDUHÀQGLQJVRQIHDVLELOLW\
RIUHGXFLQJVLJQLÀFDQW
environmental effects
1RWLFHRI'HWHUPLQDWLRQÀOHG
with State + local agencies
after project approval
Public Review (30 Days)
Decision-making body considers
& approves Negative Declaration
1RWLFHRI'HWHUPLQDWLRQÀOHG
with State + local agencies
after project approval
NO
YES NO
YES
Common exemption categories include existing facilities involving negligible or no expansion of an existing use, replacement or reconstruction of existing structures,
new construction or conversion of small structures, minor alterations to land, accessory structures, minor land
GLYLVLRQVDQGLQÀOOGHYHORSPHQWSURMHFWVWKDWPHHW
certain conditions.
Check with a City Planner to see if your
SURMHFWTXDOLÀHVIRUDQH[HPSWLRQIURP&(4$
Environmental Documents
https://www.ci.milpitas.ca.gov/milpitas/
departments/environmentaldocuments/
175
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
5756
Sometimes certain lots and parcels by natural design or previous construction do not always adhere to existing city codes. Factors such as these can include developing on a hillside or over earthquake fault lines.
The City’s Public Works Department is responsible for removing and pruning Street and Heritage trees. It is unlawful for a resident to prune or remove a street tree.,IWKHWUHHLVORFDWHGRQ&LW\ULJKWRIZD\DQG poses a hazard or nuisance to your property or has become diseased or unsightly, please contact the Public Works Department at (408) 586- 2600 or submit a request on the MyMilpitas mobile phone application.
Trees 37”
or more in
circumference
of trunk
measured
4.5’ feet from
ground.
Trees 56” or more
in circumference
of trunk measured
4.5’ feet from
ground.
Residential PropertyCommercial/Industrial/Vacant/
Undeveloped Property
protected trees
A street tree is any tree
located in the City’s public
right-of-way between a curb
and a sidewalk.
(Applies to trees on Public Property)
street trees
Individual trees or groups of trees
within Milpitas that are distinctive
of special historical value, or
VLJQLÀFDQWFRPPXQLW\EHQHÀW
(Applies to trees on Public & Private Property)
heritage trees
Trees
removal process (private property)
removal process (public property)
removal application checklist
(private property)
Any removal of a protected tree or heritage planting
will require a tree removal permit. Please ensure
ÀUVWWKDWWKHWUHHWREHUHPRYHGLVORFDWHGRQ\RXU
private property. The removal of any protected tree
requires a consultation and memo from a landscape
professional. The memo should include the tree type
(species), its approximate size, circumference at breast height, health or status, and reason for its removal. The landscape professional must have a business license
with the City of Milpitas to provide services.
Completed Application Form & Fees
The property owner must complete and sign
WKHIRUPIRUHDFKUHPRYDOSURMHFW6XEPLWWKH
Application Fee.
Landscape Professional Memo
A professional should confirm that the removal of
the tree is necessary and include every item listed
above.
Site Plan and Description
Clearly describe your reason for removing the tree
and include a site plan of your property indicating
the location of each tree. This site plan should also
include your replacement plan, demonstrating a
2:1replacement ratio for all trees removed and
showing where the new trees will be planted.
hillside / geotechnical lots
,IWKHSURMHFW·VORFDWLRQLVRQD+LOOVLGHORWWKHUHDUH complicating factors that will add more steps, required documentation, and fees to the Development Review
Process. CEQA also plays a large role in these types of SURMHFWV3URMHFWVORFDWHGLQWKH+LOOVLGH&RPELQLQJ'LVWULFW require site and architectural approval by the Planning &RPPLVVLRQDQG&LW\&RXQFLODQGDUHVXEMHFWWRWKH&LW\·V Hillside Ordinance in addition to the regulations of the base zoning district. The Hillside Ordinance provides requirements UHODWHGWRJUDGLQJGHQVLW\KHLJKWÁRRUDUHDVHWEDFNV open space and landscaping, parking and driveways,
fencing, and lighting. These requirements are intended
to preserve and minimize impacts to Milpitas’ hillsides.
Understanding the complexities of Hillside lot development requires additional assistance from the Planning, Building Safety & Housing, and Engineering Departments.
You will know if your property is located in the “Hillside Combining District” on the Milpitas Zoning Map if it is labeled HLD, HVL, or HMD.
seismic issues / fault zones
The Alquist-Priolo Earthquake Fault Zoning Act (1972)
and the Seismic Hazards Mapping Act (1990) directs
WKH6WDWH*HRORJLVWWRGHOLQHDWHUHJXODWRU\´]RQHV
RIUHTXLUHGLQYHVWLJDWLRQµWRDVVLVWFLWLHVFRXQWLHV DQGVWDWHDJHQFLHVLQIXOÀOOLQJWKHLUUHVSRQVLELOLWLHV for protecting the public safety from the effects of
earthquake-triggered ground failure. Check with City
VWDIIWRFRQÀUPLI\RXUSURSHUW\LVORFDWHGLQDIDXOW]RQH or any area susceptible to geologic hazards such as
OLTXHIDFWLRQRUODQGVOLGHV,I\RXUSURSHUW\LVORFDWHGLQ one of these areas, a preliminary geotechnical report
with recommended design measures may be required.
Interactive Earthquake Zone Map
https://maps.conservation.ca.gov/cgs/fam/
Residential Tree Removal Application
https://www.ci.milpitas.ca.gov/milpitas/
departments/applications-forms-checklists/
Site Considerations
Planning with the Environment
37” or more
56” or more
176
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
5958
Certain areas have been designated by the Federal
Emergency Management Agency (FEMA) as Special
Flood Hazard Areas (SFHA). Approximately one-quarter of WKH&LW\LVZLWKLQWKHVHÁRRG]RQHV6)+$VDUHE\GHÀQLWLRQ DUHDVZLWKLQWKH\HDUÁRRGERXQGDU\DVPDSSHG
E\)(0$$´\HDUÁRRGµUHIHUVWRDÁRRGOHYHOZLWK a 1 percent or greater chance of being equaled or
exceeded in any given year. There is a 26% chance that
a structure located in an SFHA will be inundated by a
\HDUÁRRGGXULQJWKHOLIHRID\HDUPRUWJDJH
,QFRPSDULVRQWKHULVNRIÀUHLVDSSUR[LPDWHO\LQWKH VDPHWLPHSHULRG6PDOOHUÁRRGVKDYHDJUHDWHUFKDQFH
of occurring in any given year and can still create a
VLJQLÀFDQWKD]DUGWROLIHDQGSURSHUW\
ÃeeZped[cWf
Any proposed development within the Federal
Emergency Management Agency’s (FEMA) Special
)ORRG+D]DUG$UHDLVVXEMHFWWRIHGHUDODQGWKH
&LW\·VÁRRGSODLQPDQDJHPHQWUHTXLUHPHQWV7KH
City’s Engineering Department has an online map
WRROWKDWDOORZV\RXÀQGWKHSDUFHO
V
RI\RXUSURMHFW
VLWHDQGVHHZKLFKÁRRG]RQHLWLVLQ
C.3 Stormwater Requirements
Provision C.3 is a stormwater permit that seeks to reduce runoff and pollution through post-construction stormwater management requirements for new development and
UHGHYHORSPHQWSURMHFWV
Is the project
a single family
home?
YES
Does the project
create/replace 2,500
SF of impervious
surface?
NO
Not subject
to C.3
YES
Subject to
C.3.i, small
projects
NO
Is the project creating
or replacing 10,000 SF of
impervious surface + NOT
a single family home?
Is the project an auto
service facility, gas
station, restaurant or
uncovered parking lot of
5,000 SF or more?
Is the project altering
> 1 acre impervious
surface?
Is the project
altering > 50%
of existing
impervious
surface?
Is the project
altering > 50%
of existing
impervious
surface?
Subject to C.3
only for new/
redeveloped
areas of site
Subject
to C.3 for
entire site
Subject to C.3
only for new/
redeveloped
DUHDVRIVLWH
Subject
to C.3 for
HQWLUHVLWH
NO YES
YES
NO
YES
YES
YES
NO
NO
NO
Low Impact Development (LID)GHVLJQVSURMHFWVDUHWRKHOS PDQDJHVWRUPZDWHUUXQRII([DPSOHVRI/,'LQFOXGHJUHHQURRIV bioretention gardens, and permeable pavement. This is required IRUDQ\SURMHFWWKDWFUHDWHVUHSODFHVPRUHWKDQVTIWRI impervious surfaces, any restaurants, auto service facilities, retail JDVROLQHRXWOHWVDQGXQFRYHUHGSDUNLQJORWSURMHFWVWKDWFUHDWH and/or replace 5,000 square feet or more of impervious surface. 7KHSURMHFWDSSOLFDQWPXVWSURYLGHDSSOLFDWLRQLQIRUPDWLRQ and hydrolic calculations to the Planning and Engineering departments for review.
C.3 provision roadmap
In Milpitas, SFHA’s are generally located
near the following major creeks: Calera,
Penitencia, Berryessa, Los Coches, and Tularcitos
Single-family homes, Interior remodeling projects, and
URXWLQHPDLQWHQDQFHUHSDLUVVXFKDVUHURRÀQJDQGUH
paving are exempt from C.3 Stormwater Requirements
Interactive Flood Zone Map
https://www.ci.milpitas.ca.gov/milpitas/
departments/engineering/flood-information/
Properties in Flood Zones
Planning with the Environment
*State
Construction
General
Permit and
Stormwater
Pollution
Prevention
Plan Required
177
Item # C6.
IV. PLANNING, POLICIES & REGULATIONS
6160
Accessory Dwelling Units (ADUs)
ADUs are known by many names — including
accessory dwelling unit, second unit, in-law unit,
JUDQQ\ÁDWFDVLWDDQGEDFN\DUGKRPH%XWQR
matter what you call them, these are homes located
on the same piece of property as another home. They
provide a complete and permanent home for at least
one person.
An ADU may be established on any lot in any district
that allows single-family or multi-family dwelling
residential uses. A JADU may be established on any lot
in any district that allows single-family residential use.
Building & Safety Adopted Building Code
Building codes & Regulations
All projects must adhere to local and state building codes. Speak with a representative at the Permit Center to help identify which codes apply to your building permits for your project.• California Building Code (CBC) • California Electrical Code (CEC)
• California Mechanical Code
(CMC)
• California Plumbing Code (CPC)
• California Energy Code (CEnC)
• California Fire Code (CFC)
• California Green Building Code
(CalGreen)
• Milpitas Municipal Code (MMC)
Building Safety Adopted Building Code
https://www.ci.milpitas.ca.gov/milpitas/
departments/adopted-building-municipal-codes/
Milpitas ADU Corner
https://www.ci.milpitas.ca.gov/adu/
Symbium Build
https://build.symbium.com/
Detached ADU Attached ADU Conversion Junior ADU
If you are planning to build an ADU on your
property, your project might need to go
through the Development Review Process
depending if your ADU design does or does
not follow certain Design Guidelines.Refer to the Milpitas ADU Toolkit online at our ADU Corner for more detailed information about
Accessory Dwelling Unit Projects.
Check property eligibility for ADUs and get
a free report of your ADU options:
,I\RXU$'8GHVLJQGHYLDWHVIURPWKH*HQHUDO
Requirements (i.e. setback or building
height) you will be required to obtain a
Minor Site Development Permit through the
Development Review Process. Speak to a
City Staff representative at the Permit Center
to better understand how the Development
Review Process will apply to your ADU build.
178
Item # C6.
6362
Appendix:
Useful Tips, Checklists and
Resources
Does the project comply with existing
General Plan policies?
If no, your project may not be permitted.
See Planning staff about possible amendment.
Does the project comply with
DSSOLFDEOH6SHFLÀF3ODQVDQGZoning?
If no, your project may not be permitted. See Planning staff about possible amendment or variance permit application.
Does the project involve a land
division?
If yes, please apply for a tentative subdivision
or parcel map.
Is the intended use a conditional use in
existing or proposed zoning district?
If yes, please apply for a conditional use permit.
See Planning staff for more information.
Does the project involve affordable
housing?
If yes, you can request a density bonus.
See Planning staff about the application.
Does the project include a new
building, parking lot?
If yes, please apply for a site development permit.
See Planning staff for more information.
NO
NO
YES
YES
YES
YES
What does my project need?
179
Item # C6.
6564
Planning Application Process: Building Application Process:
APPENDIX
Useful tools for your application process...
development review process checklist
The parcel map, entitlements, and any
other easement and license agreements
DUHDSSURYHGRUÀQDOL]HG
Building construction documents are
approved
Plan check and permit fees are paid
Building permits will be issued when the
following items are completed:
The following are required items for a
complete project submittal:
Did you meet with a planner to go over application requirements and preliminary plans?
Did you research and gather information on your project site?
Did you go on a site visit?
Is your preliminary plan complete and accurate?
Did you meet with nearby neighbors and inform them about the project?
Do you have a written summary of neighborhood and early review meetings with city staff?
Did you submit a building permit application?
Did you submit all requested information needs to the City during the review period?
summary checklist by step:
PRE-APPLICATION
MEETING & REVIEW (OPTIONAL)1.1.
PERMITTING 4.4.
Has Planning staff completed the staff report and environmental documentation for the project?
Has Planning staff scheduled the public hearing date?
Has Planning staff completed all noticing for the public hearing?
Did you attend the public hearing with Planning staff?
NOTICING &
DECISION MAKING3.3.
Did you complete the planning and zoning checklist?
Did you review the special considerations list in this handbook?
Did you meet with a planner when submitting your application?
Did you pay all your fees/minimum deposits?
If you received an incompleteness letter, have you addressed all of the city’s comments and submit them to the planning department?
If your project is exempt from CEQA, have you completed and submitted all required documents?
If your project is not exempt from CEQA. have you complete additional studies?
PLAN REVIEW &
PROCESSING2.2.
3URMHFW'HVFULSWLRQRU-XVWLÀFDWLRQ
Standard Plan Set
Site Plan
Existing Conditions Plan /
Demolition Plan
Building Floor Plans
Building Elevations
Building Sections
Any other items as required by the
Planning Department
Universal Planning Application
www.ci.milpitas.ca.gov/wp-content/
uploads/2021/11/Universal-Planning-
Applicaion-Revised-Nov-21-pdf-fillable.pdf
Building Permits & Resources
https://www.ci.milpitas.ca.gov/milpitas/departments/
building-and-safety-department/building-permits/
180
Item # C6.
6766
Building Permits
APPENDIX
3. Plan Review by Appointment
)RUSURMHFWVZLWKOLPLWHGVFRSHRIZRUN
HJVPDOOWHQDQWLPSURYHPHQWSURMHFWV
DSSOLFDQWVPD\UHTXHVW
a Plan Review by Appointment. City staff will schedule an appointment to meet with the design team and perform plan review in the meeting. The entire design team is required to attend the meeting.
Express permits include permit applications that do not require a plan review HJUHURRÀQJRUZDWHUKHDWHU
replacement). City Staff can quickly issue the permit and then you can schedule an inspection.
1. Express Permits
7\SLFDOSURMHFWVVKDOOEHVXEPLWWHGRQOLQHDQGWKHPermit Center will process and route the submittal documents to various departments for plan review.
4. Standard Plan Review
2. Express Plan Review
([SUHVV3ODQ5HYLHZDSSOLHVWRVLPSOHSURMHFWV
HJNLWFKHQEDWKURRPUHPRGHORUFRQVWUXFWLQJDVPDOO
shed or patio cover), where you will be required to show your plans to the city staff member at the Permit Center to review7KLVVHUYLFHLVSURYLGHGRQD´ÀUVWFRPHÀUVWVHUYHµEDVLVZLWKno appointment necessary. types of building permit review:
Building Permit Review takes place online or in-person at the Permit Center. Target turnaround time varies depending on the scope of work and will be determined upon submittal. There are four different approval tracks for your building permits once you submit your building permit application:
Building Permits can be administratively approved at the Milpitas Permit Center. A member of City Staff will review your project scope and determine which building permits are required for your project. They can also help identify if your project requires planning permits before you can apply for building permits.
See example types of required Building Permits that
may qualify for Express Plan Review or Plan Review
by Appointment on the following pages 68-69.
For your convenience, the City of Milpitas
provides Expedited Plan Review Service.
Expedited Plan Review Service may be
requested if the applicant would like to
reduce the turnaround time by approx. ½
of the target turnaround time depending on
staff availability. Please contact the Permit
Center for more information.
Building Permit Application: (408) 586-3240
Building Plan Check: (408) 586-3240
Building Inspection Line: (408) 586-2797
Hours: Monday - Friday: 8am - 5pm
Submit building permit application
The Permit Technician will process the application and let you know your required type of permit review and plan
check fees. Pay your fees online or at the Permit Center.
Plan Review
Plan Reviewers will review your plans and indicate if
\RXQHHGWRPDNHDQ\DGMXVWPHQWVIRUEXLOGLQJFRGH
compliance.
Permit Approval
<RXU3URMHFW&RRUGLQDWRUZLOODOHUW\RXWKDW
your building permits have been approved.
Issuance
The Permit Technician will let you know what your required permit fees and any pending documents required for permit issuance. Pay your fees online or at the Permit Center and provide the required documents to be issued with your
newly approved building permits.
Construction & Inspection
Your permit card and construction drawings shall be
made available at your construction site. Construction may proceed according to the approved plans. Schedule
inspections online or by phone.
Final Approval
Following construction and inspection, inspectors verify that \RXUSURMHFWKDVEHHQFRQVWUXFWHGLQFRPSOLDQFHZLWKWKH DSSURYHGSODQV\RXUEXLOGLQJSHUPLWVZLOOEHÀQDOL]HG &HUWLÀFDWHRI2FFXSDQF\
&RQJUDWXODWLRQV<RXFDQQRZPRYHLQ
/HDUQPRUHDERXW&HUWLÀFDWHRI2FFXSDQF\RQ3DJH
building permit process:
Building Permits & Resources
https://www.ci.milpitas.ca.gov/milpitas/departments/
building-and-safety-department/building-permits/
181
Item # C6.
6968
PERMITS FOR: BY APPOINTMENT: EXPRESS PLAN CHECK:
OFFICE SPACE 1RQVWUXFWXUDOLQWHULRUPRGLÀFDWLRQVDQGDOWHUDWLRQVQRWH[FHHGLQJVI Does not exceed 5,000 sf.
RETAIL SALES
1RQVWUXFWXUDOLQWHULRUPRGLÀFDWLRQVQRWH[FHHGLQJVIRILPSURYHGVSDFH May include new or relocated rooftop units. Verify with Planning that a use permit is not required for proposed retail use
Does not exceed 2,000 sf.
RESTAURANTS
1RQVWUXFWXUDOLQWHULRUPRGLÀFDWLRQVQRWH[FHHGLQJVIRILPSURYHGVSDFH without extensive kitchen equipment work. May include new or relocated roof top units.
Drawings must be approved by Santa Clara County Department of Environmental Health prior to being reviewed by the City
Does not exceed 1,000 sf.
INDUSTRIAL USES 1RQVWUXFWXUDOLQWHULRUPRGLÀFDWLRQDOWHUDWLRQVQRWH[FHHGLQJVIRILPSURYHG space when such areas do not involve storage/use of hazardous materials Does not exceed 5,000 sf.NON-HIGH PILED
STORAGE RACKS
When top of stored product does not exceed 12 feet in height with max. 2 rack types Not applicable
EQUIPMENT
ANCHORAGE
,IHTXLSPHQWGRHVQRWXVHKD]DUGRXVPDWHULDOVDQGGRHVQRWH[FHHGSLHFHVRI ÁRRUPRXQWHGHTXLSPHQWSHUSURMHFW Not applicableMONUMENT SIGNS Does not exceed 20 feet in height - Requires Planning Department approval before plan check submittal Not applicable
RESIDENTIAL PERMITS: BY APPOINTMENT: EXPRESS PLAN CHECK:
ADDITION )LUVWDQGRUVHFRQGÁRRUURRPDGGLWLRQVWKDWGRQRWH[FHHGVI RIFRPELQHGÁRRUDUHD Does not exceed 600 sf.INTERIOR WORK ,QWHULRUDOWHUDWLRQVPRGLÀFDWLRQVWKDWGRQRWUHTXLUHVWUXFWXUDO changes 6DPHDV´%\$SSRLQWPHQWµ
GARAGE
CONVERSION
Alteration of a single-family garage to become living space or any other use 6DPHDV´%\$SSRLQWPHQWµPATIO COVER Patio covers excepting those located on hillside lots 6DPHDV´%\$SSRLQWPHQWµ
ACCESSORY
STRUCTURES
New detached garages, carports, sheds, playhouses that do not exceed 1000 sf and that do not require Planning Commission/City Council approval
,IOHVVWKDQVIDQGGRQRWUHTXLUH
Planning Commission/City Council
approval
ROOF CONVERSION New roof framing over existing roof 6DPHDV´%\$SSRLQWPHQWµ
MINOR SITE
STRUCTURES
Fences, sound walls, and site retaining walls that do not require Planning Commission/City Council approval
Fences that do not require Planning
Commission/City Council approval
Residential Commercial/Industrial
APPENDIX
Building Permits
Examples of Building Permits / ‘simple projects’ that qualify for Express Plan Review or Plan Review by Appointment
182
Item # C6.
7170
APPENDIX
project tracker
These pages are to help you to stay organized with your project! Track your status and time sensitive materials, save information from hearing or meeting notes, or use this space write your questions for Planning Staff.
Contacts & Correspondence Scheduling & Dates
DATE:Name, Email, Phone, etc. MEMO:
General Notes
183
Item # C6.
www.ci.milpitas.ca.gov/planningdepartment
455 East Calaveras Blvd. Milpitas, CA 95035
City of Milpitas
Development Review Handbook
184
Item # C6.
TOOLKIT FOR
ACCESSORY DWELLING UNITS
Prepared for the City of Milpitas by Metta Urban Design 185
Item # C6.
City of Milpitas - ADU Toolkit2
Toolkit Content
ACCESSORY DWELLING UNIT
Pages 3-4
Pages 5-11
Pages 12-13
Pages 14-15
Pages 16-21
Introduction to ADUs, the Milpitas ADU
Ordinance, and Quick Link References
1. ADU Overview
2. Types of ADUs
3. Building an ADU
4. Permits & Review
5. FAQs & Resources
ADU Types, Design Standards, Parking
Requirements, and more for Detached,
Additions, Conversions & JADUs
ADU Building Options, Cost Factors,
Required Permits, and Building Resources
Permit Review Pathways, Resources for
Permit Applications, and Information
on Legalizing Existing ADUs
Frequently Asked Questions, Checklists
of Design Standards for ADU Types,
and ADU Process & Timeline Checklist
186
Item # C6.
33 Milpitas ADU Ordinance
In keeping with the City of Milpitas’ ongoing commitment to providing a variety of housing opportunities, the City Council approved in 2019 the first step in updating City regulations to make it much easier for single-family homeowners to build accessory dwelling units (ADUs). Following public outreach, as well as comments of both the City Council and the Planning Commission, there was overwhelming support of ADU production and updating the existing policies to allow for an easier and streamlined permitting process with the City. The ordinance helps allow for different placements of ADUs in various housing types:
ADU’s can be integrated onto any residential property that is considered a single-family lot or multi-family lot (i.e. duplexes or condos).
City of Milpitas Municipal Code
Chapter 10: Section 13.08
(XI-10-13.08 : Accessory Dwelling Units)
187
Item # C6.
City of Milpitas - ADU Toolkit4
Accessory Dwelling Units (ADUs) are known
by many names, including granny flats,
in-law units, second units, and casitas.
No matter what you prefer to call them,
ADUs are separate, complete homes for
at least one person that are located on
the same property as another
, primary
home. In general, ADUs provide complete
independent living facilities for one or more
persons, including permanent provisions for
living, sleeping, cooking, and sanitation.
This ADU Toolkit provides resources for
homeowners to build an ADU on their
residential property.
Accessory Dwelling Units
Overview of
Milpitas ADU Home:
https://www.ci.milpitas.ca.gov/adu/
ADU Ordinance:
https://library.municode.com/ca/milpitas/codes/
code_of_ordinances?nodeId=TITXIZOPLAN_
CH10ZO_S13SPUS_XI-10-13.08ACDWUN
ADU Permit Fee Estimate:
https://www.ci.milpitas.ca.gov/wp-content/
uploads/2021/03/Milpitas-ADU-Fee-Table.pdf
Email ADU Questions:
[email protected]
Property ADU Eligibility Check:
https://build.symbium.com/
QUICK LINKS:
Enter your address on our Symbium Build Tool to see
if an ADU can be developed on your property! Visit www.build.symbium.com 188
Item # C6.
5 Detached ADU’s are free-standing buildings that
are unattached to a proposed or existing primary
dwelling with full amenities for the resident.
Detached
Conversion
Conversion ADUs are built by converting an existing
space of a single-family or multi-family residence
(e.g., a garage, pool house, or basement).
Overview of
Addition
Addition ADUs are new construction units
and must share at least one wall with the
proposed or existing primary dwelling.
Types of ADUs
Junior ADUs are a type of conversion ADU that
convert no more than 500 sq. ft. of existing
square footage of a single-family home.
Junior ADU’s
(JADU’s)
Before
Bf
You can find the specific Design Standards in this ADU toolkit on the corresponding pages to each type of ADU.
The ADU Standards by Type pages highlights the criteria for design, construction, and development standards. 189
Item # C6.
City of Milpitas - ADU Toolkit6
Detached ADU
Detached ADU’s are physically separated from the primary dwelling.
Vertical screening
evergreen landscaping
from adjacent parcels
Independent, exterior entrance
from primary dwelling - Entrance
cannot face the street, sliding
doors not permitted for entrance
PRIMARY DWELLING
DETACHED ADU
ADU Standards by Type
Primary Dwelling Unit
Primary Dwelling Unit
Detached ADU
Detached ADU
SIDEYARD SECTION
Architectural style and
materiality match the
primary dwelling
ADU cannot have direct line of sight
to neighboring properties (utilize
screening methods such as fencing,
landscaping, or glazed windows)
ONE STORY
Maximum Building
Height = 16’
SIDEYARD SECTION
One-Story Detached
Two-Story Detached ADU
e dire
TWO STORY
Maximum Building
Height = 28’
MAX HEIGHT
BACKYARD VIEW
190
Item # C6.
7 4’ SIDE YARD SETBACK
Limited Detached Design Standards (Most Streamlined)
Maximum Floor Area = 800 sq. ft
Only one story allowed (16’ Max. Height)
4’ Side and Rear Setbacks from property lines
“Limited Detached” ADUs qualify for a building permit
by ONLY meeting the specific requirements listed to the
right. These types are allowed on lots in combination
with a Junior ADU (JADU) for multiple ADUs.
ADU Standards by Type
DESIGN STANDARDS
Vertical screening evergreen landscaping
must be planted and maintained between
ADU and adjacent parcels
Windows and doors of the ADU shall not
have a direct line of sight to a neighboring
residential property. Fencing, landscaping, or
privacy glass may be used to provide screening)
SITE CIRCULATION
Requires independent, exterior entrance
from primary dwelling
(Entrance to the ADU
cannot face the street, Sliding Doors not allowed
as main ADU entrance)
The ADU and primary dwelling must use the
same driveway to access the street
(unless otherwise determined by the fire authority)
PARKING
One Off-Street Parking Space Required
(See Special Conditions for Parking on Page 11)
BUILDING SIZE
Minimum Floor Area = 220 sq. ft.
Maximum Floor Area
One Bedroom = 850 sq. ft.
Two (or more) Bedrooms = 1,000 sq. ft
Hillside Combining District = 1,200 sq. ft.
Maximum Building Height
One Story = 16’
Two Story = 28’
Hillside Combining District = 17’ (West Facing)
27’ (East Facing)
SETBACKS
4’ Side and Rear Setbacks from property lines
6’ setback from primary dwelling unit
Reference the ‘Detached ADU Checklist’ on pg. 18
for the full list of Design & Development Standards
Reference the ‘Permits & Review for ADUs’ on pg. 14 for more information.
One Parking Space Required;
ADU and primary dwelling must use
same driveway to access the street
6’ Setback from
Primary Dwelling
PLAN VIEW
4’4’4’4’4 SIDSIDSIDSIDSI E YE YE YE YYYYE ARDARDARDDAARDD SESESESESETBATBATBABAT CKCKCKCKCKCC
PLAN VIEW
4’ SIDE YARD SETBACK
4’ REAR SETBACK
FRONT SETBACK
PRIMARY
DWELLING
DETACHED ADU
STREET MAX FLOOR AREA
191
Item # C6.
City of Milpitas - ADU Toolkit8
Addition ADU
Addition ADUs are new construction units that share at least one wall with the primary dwelling. These are also called “attached ADUs” in the City’s ADU Ordinance.
TWO STORY
g
Maximum Building
Height = 28’
Before - Front After - Front
Aft F t
Bf F t
After - Side
ADU Standards by Type
Architectural style and
materiality match the
primary dwelling
ADU has independent,
exterior access and is
not facing the street
(FRONT) STREET VIEW
ADU and primary dwelling
share driveway access
(Parking Spot required*)
MAX HEIGHT
192
Item # C6.
9 SIDE YARD
SIDE YARD
REAR
FRONT
DESIGN STANDARDS
Vertical screening evergreen landscaping
must be planted and maintained between
ADU and adjacent parcels
Windows and doors of the ADU may not
have a direct line of sight to a neighboring
residential property.
Fencing, landscaping, or
privacy glass may be used to provide screening)
SITE CIRCULATION
Requires independent, exterior entrance
from primary dwelling
(Entrance to the ADU
cannot face the street, Sliding Doors not allowed
as main ADU entrance)
The ADU and primary dwelling must use the
same driveway to access the street
(unless otherwise determined by the fire authority)
PARKING
One Off-Street Parking Space Required
(Unless Special Conditions are met; See ‘Special
Conditions for Parking’ on Page 11)
BUILDING SIZE
Floor Area of Addition ADU must be 50% or less
the area of the existing primary dwelling
Only one Attached/Addition ADU allowed
(on single-family lot)
Minimum Floor Area = 220 sq. ft.
Maximum Floor Area
One Bedroom = 850 sq. ft.
Two (or more) Bedroom = 1,000 sq. ft
Hillside Combining District = 1,200 sq. ft.
-or-
50% existing primary dwelling unit sq. ft.
Maximum Building Height
One Story = 16’
Two Story = 28’
Hillside Combining District = 17’ (West Facing)
27’ (East Facing)
SETBACKS
4’ Front Setback from property line (except in the
R1-H District)
4’ Side and Rear Setbacks from property lines
Windows and doors have
glazing or other privacy
methods to avoid direct line
of site to adjacent parcels
Evergreen landscaping
screens ADU from adjacent parcels
Exterior access directly to ADU;
does not face the street
ADU Standards by Type
Reference the ‘Attached ADU Checklist’ on pg. 18
for the full list of Design & Development Standards
BACKYARD VIEW
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City of Milpitas - ADU Toolkit10
ADU Standards by Type
Conversion ADU
Conversion ADUs repurpose existing space (e.g. garages, attics, pool house) Limited Requirement ADU
(Detached or Conversion
no more than 800 sq. ft.) Junior ADU
(no more than
500 sq. ft.)
JADUs are small ADUs, less than 500 sq. ft.
Reference the ‘Junior ADU Checklist’
on pg. 19 for the full list of Design &
Development Standards
A Junior Accessory Dwelling Unit (JADU)
is contained entirely within an existing or
proposed single-family structure. A JADU
requires a smaller, “efficiency kitchen” and
may include separate or shared bathroom
facilities with the primary dwelling.
Multiple ADUs:
You are only allowed to have
multiple ADUs on a single-family
lot when you combine a JADU
and a “Limited Requirement”
Detached or Conversion ADU
on your property.
Junior ADU (JADU)
BIRDS-EYE VIEW
Limited Requirements for Converted ADUS (Most Streamlined) Up to 150 sq. ft additional Floor Area
allowed for Ingress and Egress
Exterior access that is independent of
that for the primary dwelling
Side and rear setbacks consistent with
building and fire codes
“Limited Converted” ADUs are allowed on residential lots and may be built in combination with a Junior ADU (JADU). Limited Converted ADUs must meet the following standards:
Converted second floor Converted shed
Primary Structure
Converted garage
Reference the ‘Conversion ADU Checklist’ on pg. 19 for the full list of Design & Development Standards Reference the ‘Permits & Review for ADUs’ on pg. 14 for more information. 194
Item # C6.
11 ADU Standards by Type
If a parking space is required for an ADU, the space may be located within any setback area, in a tandem configuration, or on a mechanical lift. Each unenclosed parking space shall be at least 9 feet wide and 18 feet long. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long.
When a garage, carport, or covered parking structure is converted to an ADU or demolished in conjunction with the construction of an ADU, the off-street parking space or spaces are not required to be replaced.
Parking Requirements
DETACHED ADU ADDITION ADU CONVERSION JADU
One off-street parking
space required unless
special condition is met*.
One off-street parking
space required unless
special condition is met*.
No off-street parking
space required; not
required to replace
garage parking.
No off-street parking
space required.
Parking for ADU
However, the rules depend on the type
of ADU, and there are special conditions
that may eliminate this requirement:
Generally, one off-street parking
space is required for each ADU:
ADU is located in an
architecturally or historically
significant district.
On-street parking permits
are required but not offered
to the occupant of the ADU.
An established car share
vehicle stop is located within
one block of the ADU.
ADU is located within 1/2
mile walking distance of
public transit.
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City of Milpitas - ADU Toolkit12
There are three different types of opportunities to establish an ADU and include; constructing a new ADU, converting existing square footage of your property into an ADU, or legalize an existing ADU that might already be part of your property.
What are the options for building an ADU?
Building an ADU
• New Detached
• New Attached
• Pre-Fabricated ADUs
New construction consists
of building a new structure
on your property.
Conversion builds are
renovating existing sq. ft. of
the primary dwelling unit.
• Detached Conversion
• Attached Conversion
• Junior ADU (JADU)
NEW CONSTRUC- CONVER-
If you already have an ADU
or JADU on your property and
would like to legalize it, the City
has a Safe ADU Legalization
program towards obtaining the
correct permits.
LEGALIZE EXISTING ADU
See page 15 for more
legalization information.
+
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Item # C6.
13 • Planning Permits
• Building Permits
• Utility Permits
(e.g. sewer)
An ADU may be established on any residential lot in any district in Milpitas that allows single-family or multi-family dwelling uses.
ADUs can be built on new or existing square footage.
Where can I build an ADU?
What type of permits do I need to build an ADU?
A member of city staff at the One-Stop Permit center can help you identify which permits are necessary for your build. Additionally, certain permits require different types of City review. This is based on the complexity of your build, the types and number of permits required, and levels of review from various City Departments.
To learn more about applying for Permits & Review Types see the following pages 14-15 on how this will apply to your ADU build.
Visit our ADU Corner online for more info and a permit fee estimate: www.ci.milpitas.ca.gov/ Your ADU can require the
following permits:
www.build.symbium.com
1. Enter your address for ADU eligibility
2. Find and sketch ADU designs
3. Connect with ADU professionals
4. Download a free report for your property
To start your Milpitas ADU project, visit:
Depending on the type of ADU you plan to build,
the necessary permits can vary. All ADUs must
comply with local building code requirements.
How much does an ADU cost to build?
The cost of an ADU depends on a variety
of factors, including the size of the ADU, the
design of the ADU, whether the ADU is built
on-site or ahead of time in a factory, and
the cost of materials and labor.
It is recommended that you work with a
local architect, general contractor, or find
pre-fabricated designs online with the City’s
Symbium Build tool to help appropriately
budget all necessary costs for the specific
ADU project on your property.
Building Costs
The size and type of your ADU will determine
your building permit fees. In addition to the
building permit fees, other fees may apply:
• Permit and utility fees are required if your
ADU requires any new utility connection lines
• A school impact fee if your ADU project
proposes an additional floor area of 750 sq.
ft or more.
• If your project involves tree removal, a Tree
Removal Permit and fee is required.
• No impact fees are required for JADU or
ADU that is less than 750 ft. in floor area.
Permit Costs & Impact Fees
$
$
?
?
BUILDING AN ADU197
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City of Milpitas - ADU Toolkit14
Types of Review for ADU
There are three “streamlined” paths for obtaining ADU permits. Your permit review process depends on the complexity of your build, the types and number of permits required, levels of review from various City Departments, and if your ADU plan follows certain design requirements.
Permits &Review for ADUs
Limited Requirements are a set of basic development
standards established by the State of California for
all ADUs. Limited Requirements are also the design
standards to follow if you are planning to have more
than one ADU (Limited Detached/Conversion &
Objective Requirements are additional development
standards established by the City of Milpitas for ADUs
that don’t comply with the Limited Requirements. In
the context of this toolkit, you will see the Objective Requirements represented as the “General Standards”
or “General Requirements.”
1. Most Streamlined
2. Streamlined
The “Limited” and “Objective” requirements are
the design standar
ds listed on the ADU by Types
pages 5-11 (e.g. setbacks, max building height,
square footage, etc.) For builds with these types
of Development and Design Standards for ADUs,
proceed with the building permit process at the
Permit Center. This type of review applies to all
types of necessary permits for your Limited or
Objective ADU build (i.e. permits for building,
utilities, etc.)
The ADU Ordinance in the Milpitas City Code
and the Symbium ADU build portal also provides
the information necessary on design and
building standards.
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15 Nonconforming ADUS are ADUs that do not conform
to the Limited or Objective Design Standard
Requirements due to unique circumstances of
potential property constraints or your ADU design (e.g. your ADU exceeds the max sq. ft or extends past the
3. Non-Streamlined
The City of Milpitas has a Safe ADU Legalization Program to help homeowners achieve compliance with Planning and Building permits for ADU’s. This program also provides waivers for permit fees. Legalizing an unpermitted ADU / JADU requires a review and approval by the Planning Department as well as a building permit. The process of legalization depends on the type of ADU you currently have on your property, if the construction is up to building code, and if you have received any prior code violations.
For assistance with this process, please connect with city staff at the Permit Center for the correct forms and submittal documents tailored towards legalizing your Accessory Dwelling Unit.
What is required for legalizing an existing ADU?
DEVELOPMENT REVIEW HANDBOOK
Visit us in person to discuss with city staff your options for an ADU build, or submit your building permit applications through the above online portal.
How do I apply for ADU permits?
Visit the Permit Center or Submit Online
455 East Calaveras Blvd.
Milpitas, CA 95035
Phone: (408)-586-3279
Hours: 8:00 a.m. – 5:00 p.m
Monday-Thursday
Friday: Virtual Service
www.ci.milpitas.ca.gov/permits/
Nonconforming ADUs will require obtaining a Minor Site Development Permit through the Planning Department’s Development Review Process, and this can include multiple rounds of review and a potential review by the Zoning Administrator. Due to the multiple steps of Minor Site Development Permits - refer to the City of Milpitas Development Review Handbook for more information on the Discretionary Review Process as it involves different department approvals and application requirements.
It is recommended that you schedule a Milpitas ADU Mondays session where representatives from various City Departments can help identify what type of permit review your ADU project will be categorized as. While not required, making an appointment for a ADU Monday session with City Staff members can help you find out what building permits, design standards, and review type is necessary for your ADU project.
What type of review do my ADU permits need?
Find out with a Milpitas ADU Mondays Appointment!
Schedule Appointment Here: www.ci.milpitas.ca.gov/adu/
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City of Milpitas - ADU Toolkit16
Resources for ADUs
FAQs, Checklists, and Timelines
How long does it take to plan, design, and build an ADU? Generally, the amount of time it will take will vary based on several factors, including the design selected, whether your ADU is built on-site or built ahead of time in a factory, and the availability of your architect or builder. See the Process Checklist on pages 20-21 for more information about estimated timelines of each Stage of the ADU Design, Permitting, and Build.
Does the owner need to live on the property the ADU is located? Can ADUs be rental properties?
Yes, your ADU can be rented out, although Milpitas and most other cities don’t allow short-term rentals of ADUs. This means you can only rent your ADU out for a period of month or longer.
Generally, the property owner will only have to live on the property if a JADU is built on it.
Can an ADU be sold separately from a primary residence? Sale Prohibited. No ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).
Frequently Asked Questions
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17 What if I want to build an ADU and an addition onto my existing home at the same time?
Can I build a “prefab”, factory-built or “tiny home” ADU? What are setbacks?
The ADU and addition may be reviewed under the same Building Permit application by the Building Department, but the addition will be reviewed separately by the Planning Department and will require a separate discretionary Minor Site Development Permit application.
If you are proposing an ADU that is otherwise “Subject to Limited Requirements (Most Streamlined)” (page 14), then yes, these types of ADUs are permitted. If you are proposing an ADU that is otherwise “Subject to Additional Objective Requirements (Streamlined)” (page 14), then no, you may not construct such a unit.
If you are proposing an ADU that doesn’t fall within either of these categories, you require a Minor Site Development Permit from the Planning Department subject to discretionary review. Note that all ADUs, no matter the type, must have a permanent foundation.
A setback is the distance a building needs to be located away from the property lines. No minimum setback is required for newly constructed ADUs built in the same location and with the same dimensions as a previously existing structure. For all other ADUs, a minimum setback of 4’ from side and rear lot lines and 6’ from the main dwelling unit is required.
Does building an ADU impact property value?
Does building an ADU impact property taxes?
An ADU will increase the value of your property. The exact amount is difficult to predict, but a very rough estimate is that your property value will increase by 100 times the ADU’s monthly rental value. Meaning, if you can rent out your ADU by $1,500/month, your property value will increase by roughly $150,000.
Your property taxes will slightly increase based on the added value of the ADU. The base value of your property will not be reassessed. As an example, if an ADU will add $100,000 in value to your property, and your property tax rate is 1.1%, then your property tax would increase by $1,100 ($100,000 x 1.1%).
Do I require a deed restriction?
A deed restriction is required only for JADUs. Prior to obtaining a building permit for a JADU, a deed restriction, approved by the City Attorney, must be recorded with the County Recorder’s office. A copy of the recorded deed shall be submitted to the Planning Department prior to building permit approval or issuance.
Utility connections originally were required for all non-converted ADUs in Milpitas. However, new utility line connections are no longer a requirement in the Milpitas ADU Ordinance. The City now provides an additional option of upsizing an existing utility connection to comply with fire, water, and sewer design standards if necessary for your specific ADU project.
Do I require a separate utility connection?
FAQS & RESOURCES201
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City of Milpitas - ADU Toolkit18
Minimum Floor Area = 220 sq. ft.
Maximum Floor Area
One Bedroom = 850 sq. ft.
Two (or more) Bedroom = 1,000 sq. ft
Hillside Combining District = 1,200 sq. ft.
Maximum Building Height
One Story = 16’
Two Story = 28’
Hillside Combining District = 17’ (W) 27’ (E)
4’ Side and Rear Setbacks from property lines
6’ setback from primary dwelling unit
Requires separate, Full Kitchen from primary
dwelling unit (Permanent Range, Counters,
Refrigerator, Sink)
Requires separate, full Bathroom from primary
dwelling unit (Sink, Toilet, Shower/Bath)
One Off-Street Parking Space Required
Requires independent, exterior entrance from
primary dwelling (Entrance to the ADU cannot
face the street, Sliding Doors not allowed as main
ADU entrance)
The ADU and primary dwelling must use the same
driveway to access the street
(unless otherwise determined by the fire authority)
Architectural style and materiality of
Addition must match the primary dwelling
Detached ADU requires insulation, lighting,
ventilation, and heating systems
Central systems for the ADU (heating & A/C) are
independent from the primary dwelling
Separate access to ADU electrical panels
independent from the primary dwelling
Detached ADUs must meet all building codes
Vertical screening evergreen landscaping must
be planted and maintained between ADU and
adjacent parcels
Windows and doors of the ADU may not have
a direct line of sight to a neighboring residential
property. Fencing, landscaping, or privacy glass
may be used to provide screening)
May require upsizing an existing utility connection
to comply with fire, water, and sewer design
standards
Fire rated wall and opening are required on either
the existing house wall or on the ADU wall if the
separation distance between the two structures is
less than 10’
Minimum Floor Area = 220 sq. ft.
Maximum Floor Area
50% of floor area of primary dwelling -or-
One Bedroom = 850 sq. ft.
Two (or more) Bedroom = 1,000 sq. ft
Hillside Combining District = 1,200 sq. ft.
Maximum Building Height
One Story = 16’
Two Story = 28’
Hillside Combining District = 17’ (W) 27’ (E)
4’ Front, Side and Rear Setbacks from property lines
Requires Separate Kitchen from primary dwelling unit
(Permanent Range, Counters, Refrigerator, Sink)
Requires Full Bathroom from primary dwelling unit
(Sink, Toilet, Shower/Bath)
One Off-Street Parking Space Required
Requires independent, exterior entrance from primary
dwelling (interior entrance from primary dwelling not
allowed; exterior entrance to the ADU cannot face
the street; sliding doors not allowed)
No doorways or openings between ADU
and the primary dwelling
The ADU and primary dwelling must use the same
driveway to access the street
(unless otherwise determined by the fire authority)
Architectural style and materiality of
Addition must match the primary dwelling
Requires independent lighting, ventilation, and
heating from the primary dwelling
Requires fire rated and sound rated wall separating
from the primary dwelling
Central systems for the ADU (heating & A/C) are
independent from the primary dwelling
Separate access to ADU electrical panels
independent from the primary dwelling
Addition ADUs must meet all building codes
Vertical screening evergreen landscaping must
be planted and maintained between ADU and
adjacent parcels
Windows and doors of the ADU may not have
a direct line of sight to a neighboring residential
property. Fencing, landscaping, or privacy glass may
be used to provide screening)
May require upsizing an existing utility connection
to comply with fire, water, and sewer design
standards
Detached Addition
General Requirement Checklists
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Item # C6.
19 Conversion Junior ADU
Existing Primary Dwelling structure must be
built to code and have legal permits
Minimum Floor Area = 220 sq. ft.
Maximum Floor Area*
One Bedroom = 850 sq. ft.
Two (or more) Bedroom = 1,000 sq. ft
Hillside Combining District = 1,200 sq. ft.
*If conversion is Detached, a 150 sq. ft. addition to
the existing accessory building (e.g., pool house) is
allowed to facilitate entry into and exit from the ADU.
Building Height and Side & Rear Setbacks are
determinate on the existing primary dwelling and
Zoning District (established by Building, Fire, and
Safety Depts.)
Requires Separate Kitchen from the primary dwelling
(Range, Counters, Cabinets, Refrigerator, Sink)
Requires Full Bathroom from the primary dwelling
(Sink, Toilet, Shower/Bath)
Off-Street Parking Space Not Required
Requires independent, exterior entrance from
primary dwelling (interior entrance from primary
dwelling not allowed; exterior entrance to the ADU
cannot face the street; sliding doors not allowed)
No doorways or openings between ADU
and the primary dwelling
The ADU and primary dwelling must use the same
driveway to access the street
(unless otherwise determined by the fire authority)
Architectural style and materiality of conversion must
match the primary dwelling
Requires independent lighting, ventilation, and
heating from the primary dwelling
Requires fire rated and sound rated wall separating
from the primary dwelling
Central systems for the ADU (heating & A/C) are
independent from the primary dwelling
Separate access to ADU electrical panels
independent from the primary dwelling
Conversion ADU must meet all building codes
Garage Conversions: require vapor retarder over
existing garage slab
May require upsizing an existing utility connection
to comply with fire, water, and sewer design
standards
Existing Primary Dwelling structure must be built
to code and have legal permits
Minimum Floor Area = 220 sq. ft.
Maximum Floor Area = 500 sq. ft
Owner-occupancy requirement
(property owner must permanently reside in
either the primary dwelling or the JADU)
Shares at least one wall with primary dwelling
May have separate or shared bathroom
facilities with the primary dwelling
(Sink, Toilet, Shower/Bath)
Requires an efficiency kitchen
Shares ‘central systems’ with primary dwelling
(i.e. water, sewer, electric)
Off-Street Parking Space Not Required
Requires independent, exterior entrance from
primary dwelling (Entrance to the JADU cannot
face the street, Sliding Doors not allowed, Door
to be 36” wide)
The JADU must use the same driveway to
access the street as primary dwelling
(unless otherwise determined by the fire
authority)
Requires sound rated wall separating from the
primary dwelling
Central Heating and A/C systems for the JADU
are independent from the primary dwelling
Separate access to JADU electrical panels
independent from the primary dwelling
Architectural style and materiality of
the JADU must match the primary dwelling
No Impact Fees Required
Building Height and Setbacks subject to primary
dwelling
JADUs must meet all building codes
Vertical screening evergreen landscaping must
be planted and maintained between JADU
and adjacent parcels
Garage JADUs: require vapor retarder over
existing garage slab
May require upsizing an existing utility
connection to comply with fire, water, and
sewer design standards
FAQS & RESOURCES
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City of Milpitas - ADU Toolkit20
An ADU may be established on any residential lot in any district in Milpitas that allows single-family or multi-family dwelling uses. Enter your address into our online Symbium Build Tool or reference the Milpitas Zoning Map to see if your property is eligible.
Consists of building a new structure on your property.
ADUs can be built on new or existing square footage. There are three different options for establishing an ADU:
NEW CONSTRUCTION ADU:
CONVERSION ADU:
New Detached, Attached Addition, Pre-Fabricated ADUs
Renovating existing sq. ft. of an attached or detached space of the primary dwelling unit.
Conversion, Junior ADU (JADU)
LEGALIZE EXISTING ADU: If you already have an ADU or JADU on your property and would like to legalize it, the City has a Safe ADU Legalization program towards obtaining the correct permits.
ADU Process Checklist & Timeline
STEP 1: RESEARCH ~1 MONTH
1. Confirm you can add an ADU to your property in Milpitas
2. Decide which type of ADU is right for your property
Work with a local architect and general contractor to create your plans, or find pre-fabricated designs online with our Symbium Build tool to get your ideas solidified into legible plans and construction documents. All ADU plans must follow City codes for neighborhood development and building safety.
4. Design the ADU & Create your plans
www.build.symbium.com
• Enter your address for ADU eligibility
• Find and sketch ADU designs
• Connect with ADU professionals
• Download a free report for your property
Get your ADU project started
with Symbium Build:
3. Understand the ADU Design Standards
Nonconforming ADUS are ADU designs that do not conform to the Limited or Objective Design Standard Requirements.
Design Standards indicate where the ADU can be located on a property, building heights, proximity to the primary dwelling, and site requirements like parking and landscaping, etc. You can find the specific Design Standards in this ADU Toolkit on pages 5-11 for each type of ADU. Design Standards may vary based on your property’s zoning and location - there are separate regulations are involved for those building on a Hillside Combining District.
Limited Requirements: are a set of basic design standards for all ADUs established by the State of California.
Objective Requirements: are ADU design standards established by the City (referenced as “General Standards”) Nonconforming ADU:
CONSTRUCTION MOVE IN!PERMITTINGDESIGN & PLANRESEARCH
1 MONTH 1-3 MONTHS 1-6 MONTHS 2-12 MONTHS
STEP 2: DESIGN & PLAN 1-3 MONTHS
Sign up for an ADU Mondays session online to meet with City staff and ask questions. Find out which building permits, design standards, and review type is necessary for your ADU project.
Schedule a Milpitas ADU
Mondays Appointment
www.ci.milpitas.ca.gov/adu/
To make an appointment:
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Item # C6.
21 Pay your fees online at the Permit Center. The size of your ADU will determine your building permit fees.
In addition to the building per
mit fees, other fees may apply:
• Permit and utility fees are required if you opt to provide separate utility connection lines to the ADU (i.e., water, sewer, gas)
• A school impact fee if your ADU project proposes an additional floor area of 750 sq. ft or more. • If your project involves tree removal, a Tree Removal Permit and fee is reqired. • No impact fees are required for JADU or ADU that is less than 750 ft. in floor area.
For builds that follow the “Limited” or “Objective” Requirements for the building design standards, proceed with the building permit process at the Permit Center.
MOST STREAMLINED & STREAMLINED = Administrative Permits For builds that are considered “Nonconforming” you are required to obtain a Minor Site Development Permit through the Planning Department’s Development Review Process (this can include multiple rounds of review). If this applies to you at this stage, refer to the Milpitas Development Review Process Handbook for how to obtain permits.
NON-STREAMLINED = Minor Site Development Permit
7. Pay for Permits & Impact Fees
8. Resubmit Plans (if required) & Receive Permits
6. Submit ADU Application & Permit Forms
5. Know which type of permit review your ADU needs:
STEP 3: PERMITTING 1-6 MONTHS
STEP 4: CONSTRUCTION 2-12 MONTHS
Begin your application online or in person at the Permit Center. Prepare to include your plans with your application. After you apply, we will send you a confir
mation email with your application information. We will review your application and email you within 2 weeks and tell you what your initial fee is.
There are two options for obtaining ADU permits, and your permit review process depends on the complexity of your build, the types and number of permits required, and levels of review from various City Departments.
We will send you instructions. Respond to plan review comments. You may need to make changes to your plans and resubmit them. The City will approve and issue the building permit once it meets all code requirements, is approved by all reviewers, and all fees are paid.
You must have your approved construction document before you can start construction. Post your construction document at the construction site. Call or email us to schedule the appropriate inspections during your construction project. The City will finalize the permit once construction is complete and done in accordance with the plans.
9. Begin building your ADU!
All permit forms are located online to help get you
started. You can pay fees and submit your application
here at this portal, or visit us in person to connect with city staff about your ADU questions.
Visit the Permit Center or Submit Online
455 East Calaveras Blvd. Milpitas, CA 95035
(408)-586-3279 | Hours: 8:00 a.m. – 5:00 p.m, M-Th
https://www.ci.milpitas.ca.gov/permits/
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ACCESSORY DWELLING UNIT
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RESOLUTION NO. 9196
A RESOLUTION OF THE CITY OF MILPITAS AUTHORIZING THE APPLICATION AND
ADOPTING THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM WHEREAS, the State of California, Department of Housing and Community Development (Department) is authorized to provide upto $195 million to Cities and Counties for assistance under the Senate Bill (SB) 2 Permanent Local Housing Allocation (PLHA) Program Entitlement Jurisdiction Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2));
WHEREAS, the Department issued Permanent Local Housing Allocation Final Guidelines (PLHA Program Guidelines) in October 2019; and WHEREAS, the State of California, Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) dated August 17, 2022, under the Permanent Local Housing Allocation Program;
WHEREAS, the City of Milpitas is an eligible Local government to receive allocations of PLHA funds and may apply for program funds to administer one or more eligible activities, or a Local and Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the PLHA Program Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; WHEREAS, the City of Milpitas has complied with all application requirements, including but not limited to, public notice, public comment, and public hearing requirements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MILPITAS AS FOLLOWS:
1. If the City of Milpitas receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the City of Milpitas may have with the Department.
2. The City of Milpitas is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA, $1,431,570, in accordance with all applicable rules and laws.
3. The City of Milpitas hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City of Milpitas and the Department.
4. Pursuant to Section 302(c)(4) of the Guidelines, City of Milpitas’ PLHA five-year Plan for the 2019- 2023 Allocations is attached as Exhibit A to this resolution, and the City of Milpitas hereby adopts this PLHA five- year Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5. The City of Milpitas agrees to inform the Department of changes made to the five-year Plan in each succeeding year of the term of the Plan.
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Attachment 2, Exhibit A of Resolution Five-Year Plan
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
The Housing Element must plan for housing needs among certain groups that tend to have particular challenges with respect to se curing appropriate affordable housing. These groups are defined as groups with special housing needs and includes extremely- low income households, and individuals and families experiencing homelessness. One of the City of Milpitas' Housing Element 2015-2023 goals is supporting housing diversity and affordability. Under that goal, the Housing Element specifies "the City will continue to support emergency services and housing resources consistent with the City's ongoing commitment to and participation in the Santa Clara County Continuum of Care Plan." The Continuum of Care is a gr oup of stakeholders dedicated to ending and preventing homelessness in Santa Clara County. Both the Homeless Engagement and Access Team and the Workforce Housing Rental Assistance Program support the City of Milpitas' Housing Element 2015-2023 goal of supporting housing diversity and affordability.
Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
The City of Milpitas will use the PLHA funds for the elgible activity identified below. The City of Milpitas currently has a co ntract with the County of Santa Clara, Office of Supportive Housing, to provide homeless outreach, assessment, and street-based case management services through the County's Homeless Engagement and Access Team. City staff are recommending using a portion of its entitlement to extend its contract with the County of Santa Clara Office of Supportive Housing's Homeless Engagement and Access Team (HEAT) and the remainder of its funding to go to the creation of a Workforce Housing Rental Assistance Program.
§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).
We are allocating 100% of our funding to eligible activity 6, assisting persons who are experiencing or at risk of homelessness. Therefore, our PLHA funds will not be used for increasing the supply of housing for households.
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, re ntal assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.
City staff are recommending using the PLHA entitlement for supportive case management and workforce housing rental assistance. City staff are recommending the designation of 20% of its entitlement to extending its contract with the County of Santa Clara Office of Supportive Housing's Homeless Engagement and Access Team (HEAT). The HEAT team conducts homeless outreach, assessment, and street-based case management services. City staff recommend the remaining 80% of its funding to go to the creation of a Workforce Housing Rental Assistance Program (WHRAP) for individuals at or below 30% of the Area Median Income. WHRAP would function similar to a voucher system in that these funds would be used to offset a specific amount of rent paid by the tenant for 24 months. Staff would utilize a lottery system with preferences for individuals who work in the Milpitas Unified School District, the City of M ilpitas, and the Hospitality Industry.
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
Funding Allocation Year
2019 2019 2020 2020 2021 2021 2022 2022 2023 2023
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
Supportive/
Case
Manageme
nt Services
Rental
Assistance
(term of
six
months)
Supportive
/Case
Managem
ent
Services
Rental
Assistance
(term of
six
months)
Supportive
/Case
Managem
ent
Services
Rental
Assistance
(term of
six
months)
Supportive
/Case
Managem
ent
Services
Rental
Assistance
(term of
six
months)
TOTAL30%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
20.00% 80.00% 20.00% 80.00% 20.00% 80.00% 20.00% 80.00% Supportive
/Case
Managem
ent
Services
Rental
Assistance
(term of
six
months)
20.00% 80.00%
00 0 0 0 0
30% 30% 30% 30% 30% 30% 30% 30%§302(c)(4)(E)(ii) Area Median Income Level Served
§302(c)(4)(E)(ii) Projected
Number of Households Served 50 20 50 20 50 20 50 20
30%
0 §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years 2019,
2020, 2021 only
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.
If approved by MIlpitas City Council, the City will consider amending its contract end date or entering into a new contract wit h the County of Santa Clara Office of Supportive Housing to continue funding the Homeless Engagement and Access Team (HEAT). The City is currently drafting a contract with the County of Santa Clara with an expected termination date of September 30, 2023. The City anticipates to get formal approval from City Council for HEAT funding in mid-2023. City staff will need to establish the program parmeters of the Workforce Housing Rental Assistance Program and go through the City's process to fund a program administrator to issue rental assistance. This may include a Request for Proposals (RFP) or Milpitas City Council may choose to designate the service provider who is currently administering the City of Milpitas' Rent and Mortgage Relief Program. City staff anticipates releasing the RFP or designating the service provider in early 2023 and issuing funding by mid-2023.
N/A N/A
350
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
N/A N/A N/A N/A N/A N/A N/A N/A
50 20
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RESOLUTION NO. ______
A RESOLUTION OF THE GOVERNING BODY OF CITY OF MILPITAS AUTHORIZING THE
APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the CITY OF MILPITAS desires to submit an application for a Prohousing Designation (“Application”).
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MILPITAS AS FOLLOWS:
1. The City of Milpitas is hereby authorized and directed to submit an Application to the Department.
2. The City of Milpitas acknowledges and confirms that it is currently in compliance with applicable state housing law.
3. The City of Milpitas acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards.
4. The City of Milpitas further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.
5. If the Application is approved, the City of Milpitas is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).
6. The City of Milpitas acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.
7. City Manager and/or Designee is authorized to execute and deliver the Application and the Program Documents on behalf of the City of Milpitas for participation in the Program.
PASSED AND ADOPTED this _ day of _ 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Item # C6.
2 Resolution No. ____
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
484
Item # C6.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the Acting City Manager to Enter into a Master Professional Services Agreement with Asquare, Inc. for Temporary IT Staffing Services (Staff Contact:
Nick Raisch, Human Resources Director, 408-586-3086; and Daniel Nam, Information Technology Director, 408-586-2712)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 10/3/2023
Recommendation: Authorize the Acting City Manager to enter into a two-year Master Professional Services Agreement with Asquare, Inc. for Temporary IT Staffing Services for the not-to-exceed amount of $250,000.
BACKGROUND:
From time to time, the City requires temporary staffing services during times of recruitment for vacancies, staff absences due to illness or injury, in times of peak workloads or unanticipated increases in work volume. In order to streamline this process and gain access to a larger pool of candidates, the City entered into three Master Professional Services Agreements with three different temporary staffing agencies: 1) Tryfacta, Inc., 2) Infojini, Inc, and 3) Cynet Systems, Inc. in July and August of 2022. These agencies have provided limited support for the needs of the Information Technology (IT) department, but they do not specialize in IT staffing services.
ANALYSIS:
The City has an ongoing need for skilled technical IT support across all areas of service. This need is only going to grow as more City systems moved to cloud based offerings and the threats related to Cyber Security increase.
In order to efficiently and effectively meet these growing needs and cover for vacancies or leaves , staff recommends entering into a multi-year professional services agreement for temporary IT Analysts. Of the four IT analyst positions that were vacant at the start of this fiscal year, the City has hired one full time employee and one additional temporary staff to fill the critical needs in the interim. IT Analysts play a critical role in supporting the technology needs of all City departments. For example, IT Analysts support City’s core network, maintain cybersecurity systems, and implement and maintain technology systems that support critical City functions such as public safety, development services, public works, finance, and human resources.
There is a high demand for these positions in both the public and private sector in this region. Additionally, unlike the private sector, the City needs to hire staff that are not just specialized in one area but can support a variety of systems and applications. The City is also not able to match compensation and benefits offered by many private technology companies. Thus, it has been challenging t o recruit qualified IT Analysts. The City is continuing targeted recruiting efforts; however, it is important to have qualified staff to support essential City functions and provide services to the community in the interim. Additionally, temporary staff may choose to apply for the permanent positions, and historically, this has proved to be an effective strategy for accessing qualified IT professionals, including with the hiring of the most recent IT Analyst.
Staff is recommending Council approval to enter into a two-year Master Professional Services Agreement (PSA) with Asquare, Inc. , for the not-to-exceed amount of $250,000. Temporary staffing services from Asquare are needed during recruitment due to their unique specialization in filling IT positions. Asquare, Inc. is a leading technology consultant and staffing agency managed by technology professionals. They have provided full-cycle recruiting and contingent workforce staffing to clients since 1998.
485
Item # C7.
Staff is not seeking additional funding for FY23-24. The two-year contract is a Master PSA and funding will only be required if temporary staffing services are needed to address expanded workloads when vacancies exist within that department.
The proposed agreement with Asquare, Inc. mirrors the agreements with Tryfacta, Infojini, and Cynet Systems, except that it specifically calls out filling temporary IT Analyst positions. The hourly rates charged by Asquare, Inc., are higher than other temporary staffing agencies because of the specialized services provided. The hourly rates include the costs of benefits and the contractor’s overhead. Additionally, if any temporary staff from Asquare is hired by the City for a full-time permanent position, the City will not be charged a separate placement fee but agrees not to hire temporary staff until after nine months of service to the City.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve and authorize the City Manager to execute the agreement for temporary IT staffing services with Asquare, Inc.
Pros: Existing department funding would not be utilized for these services
Cons: Without temporary staffing services, the City will not be able to adequately meet the City’s critical technology needs.
Reason Not Recommended: By entering into a multi-year Master Professional Services Agreement with Asquare, Inc., the IT Department will have access to the type of skilled staffing resources, on a temporary basis, needed to effectively cover the IT needs of the City. Additionally, temporary staff may also serve as potential candidates for the full-time permanent positions. Although the City is continuing its efforts to recruit and fill full-time permanent positions, without the use of temporary staffing services, the City will not be able to adequately meet its technology needs in the interim.
FISCAL IMPACT:
The IT Department will use funding from the IT Department’s FY 2023-24 operating budget to cover the cost of the first year of a multi-year contract. No additional funds are being requested.. If temporary staffing is needed in future years to cover staffing vacancies, the corresponding existing IT Department funding will be used to cover the costs of those services.
California Environmental Quality Act (CEQA):
Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.
RECOMMENDATION:
Authorize the City Manager to enter into a four-year Master Professional Services Agreement with Asquare, Inc. for Temporary IT Staffing Services, not to exceed $250,000.
Attachment(s):
1. Master Professional Services Agreement with Asquare, Inc.
486
Item # C7.
MASTER SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS AND ASQUARE, INC.
This Agreement is made and entered into as of __________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Asquare, Inc., a stock corporation with its principal place of business at 4675 Stevens Creek Blvd., Suite 131. Santa Clara, CA 95051 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
On-Call Temporary Personnel Services
(hereinafter referred to as “the Project”).
B. Contractor submitted its qualifications to City to provide On-Call Temporary Personnel Services on an as-needed basis and is one of several Contractors selected by City to provide services C. Contractor is duly licensed and has the necessary qualifications to provide such services.
D. The Parties desire by this Agreement to establish the terms for City to retain Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Contractor shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A. City will notify Contractor when it needs services that it believes Contractor is qualified to provide. Nothing herein obligates City to notify Contractor about every temporary staffing need. City reserves the right to solicit the services described in Exhibit A from any provider or no provider at all.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the rates set forth in the Schedule of Charges set forth in Exhibit B. Each month, Contractor shall furnish to the City a statement of the work performed for compensation during the preceding month. All work is subject to City review and approval prior to payment.
b. In no event shall the total amount paid for services rendered by Contractor under this Agreement exceed the sum of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Contractor for work performed will be made on a monthly billing basis. 1
38077.00180\29167975.12
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2 3. Additional Work.
If changes in the work seem merited by Contractor or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred and services provided shall be maintained by Contractor and made available at all reasonable times during the Agreement term and for three (3) years from the date of final payment under the Agreement for inspection by City.
5. Term.
The term of this Agreement shall be from date first written above through June 30, 2025, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.
6. Delays in Performance.
a. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Contractor shall assist the City, as requested, in obtaining and maintaining all permits required of Contractor by federal, state and local regulatory agencies. c. If applicable, Contractor is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care.
Contractor’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 488
Item # C7.
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\
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3 9.
Assignment and Sub
-
Contractor
.
Contractor
shall not assign, sublet, transfer
,
or subcontract
this Agreement or any rights under or interest
in this Agreement without the written consent of the City, which m ay be withheld for any reason.
Any attempt
to so assign or so transfer without such consent shall be void and without legal effect and shall cons titute
grounds for termination.
10. Independent
Contractor
.
Contractor
is retained as an independent contractor and is not an employee of City .
No employee or
agent of
Contractor
shall become an employee of City
, except as set forth in
Exhibit A
section 1.l.
.
The work
to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance
.
Contractor
shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under
Exhibit D
(Insurance Requirements), attached hereto and
incorporated herein by this reference
.
In addition,
Contractor
shall not allow any subcontractor to commence
work on any subcontract until it has secured all insur
ance required therein
.
12. Indemnification
.
a.
To the fullest extent permitted by law,
Contractor
shall defend (with counsel of City’s
choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injur y
of any kind, in law or equity, to property or per
sons, including wrongful death,
in any manner arising out of,
pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor
, its officials,
officers, employees, subcontra
ctors,
Contractor
s or agents in connection with the performance of the
Contractor
’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth
er related costs and expenses.
Contractor
's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by Contractor
, the City, its officials,
officers, employees, agents, or volunteers.
b.
If
Contractor
’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor
’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor
’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Contractor
, and, upon
Contractor
obtaining a final
adjudication by a court of competent jurisdiction,
Contractor
’s liability for such claim, including the cost to
defend, shall not exceed the
Contractor
’s proportionate percentage of fault.
13. California Labor Code Requirements
.
a.
Contractor
is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wa ge Laws”). If the services are being
performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
One Thousand Dollars and Zero Cents (
$1,000
.00)
or more,
Contractor
agrees to fully comply with such Prevailing Wage Laws.
Contractor
shall defend, indemnify and hold the City,
its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws .
It shall be
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4 mandatory upon the
Contractor
and all sub
-
Contractor
s to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 17
71.4 and 1776),
hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1)
.
The requirement to submit certified payroll records directly
to the Labor Commissioner
under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b.
If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor
and all sub
-
Contractor
s performing such services must be registered with the Depar tment of Industrial Relations.
Contractor
shall maintain registration for the duration of the Project and require the same of any
sub
-
Contractor
s, as
applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code
Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c.
This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Contractor
’s sole responsibility to comply with all applicable
registration and labor compliance requireme
nts.
Any stop orders issued by the Department of Industrial
Relations against
Contractor
or any subcontractor that affect
Contractor
’s performance of services, including
any delay, shall be
Contractor
’s sole responsibility.
Any delay arising out of or resulting from su
ch stop orders
shall be considered
Contractor
caused delay and shall not be compensable by the City
.
Contractor
shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor
or any
subcontractor.
14. Verification of Employment Eligibility
.
By executing this Agreement,
Contractor
verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall
require all sub
-
Contractor
s and sub
-
Contractor
s to comply with the same.
1 5
.
Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of
Santa Clara
, State of California.
1 6.
Termination or Abandonment
.
a.
City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Contractor
. City shall pay
Contractor
the
reasonable value of services rendered for any portion of the work c ompleted prior to termination.
If said
termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agr
eed to by City and
Contractor
of the portion of such task completed but not
paid prior to said termination.
City shall not be liable for any costs other than the charges or portions there of
which are specified herein.
Contractor
shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
If City experiences performance issues with
the selected candidate and terminates the temporary employee, the Contractor
will provide a replacement
employee to
City
, also at no additional charge.
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5 b.
Contractor
may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement
through no fault of
Contractor
.
c. The
Contractor
understands and accepts that at all times; the
Agreement
is subject to
appropriation of funds
by the Milpitas City Council.
The
Agreement
may terminate without penalty, liability
or expense of any kind to the City at the end of
Agreement
term. The City has no obligation to make
appropriations for the
Agreement
in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council.
Contractor
’s
assumption of risk of possible non
-
appropriation is a part of the c
onsideration for the
Agreement
.
This section controls against any and all other
provisions of the
Agreement
.
1 7.
Documents
.
Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
1 8
.
Organization
.
Contractor
shall assign
Kalpana Guha
as Project Manager.
The Project Manager shall not be removed
from the Project or reassigned without the prior written consent of the City.
19 .
Limitation of Agreement
.
This Agreement is limited to and includes only the work included in the Project described above.
2 0
.
Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn:
City Manager
CONTRACTOR
:
Asquare, Inc
4675 Stevens Creek, Suite 131
Santa Clara, CA 95051
Attn:
Sanjiv Sahay
and shall be effective upon receipt thereof.
2 1
.
Third
-
Party Rights
.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the
Contractor
.
2 2
.
Equal Opportunity Employment.
Contractor
represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age 491
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6 or other interests protected by the State or Federal Constitutions. Such non -
discrimination shall include, but
not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff o
r termination.
2 3
.
Entire Agreement
.
This Agreement, with its exhibits, represents the entire understanding of City and Contractor
as to those
matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder.
Each party
acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may no t be
modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
2 4
.
Severability
.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
2 5
.
Successors and Assigns
.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor
shall not assign or
transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
2 6
.
Non
-
Waiver
.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
2 7
.
Time of Essence
.
Time is of the essence for each and every provision of this Agreement.
2 8
.
City’s Right to Employ Other
Contractor
s
.
City reserves its right to employ other
Contractor
s, including engineers, in connection with this Project or other projects.
29 .
Prohibited Interests
.
Contractor
maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for
Contractor
, to solicit or secure this
Agreement.
Further,
Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor
,
any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar
d or making of this Agreement.
For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have
any
direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
3 0
.
Wage Theft Prevention
.
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7 a.
Contractor
, and any sub
-
Contractor
it employs to complete work under this Agreement,
shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Mi lpitas Minimum
Wage Ordinance.
b.
BY SIGNING THIS AGREEMENT,
CONTRACTOR
AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS AGREEMENT THAT
CONTRACTOR
OR ITS SUB
CONTRACTOR
S HAS
VIOLATED ANY
APPLICABLE WAGE AND HOUR LAWS.
CONTRACTOR
FURTHER AFFIRMS
THAT IT OR ITS SUB
CONTRACTOR
(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,
DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY
SATISFIED,
CONTRACTOR
AFFIRMS THAT IT OR ITS SUB
CONTRACTOR
(S) IS CURRENTLY
SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE
PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT
CONTRACTOR
OR ITS SUB
CONTRACTOR
(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE
DATE OF EXECUTING THIS AGREEMENT.
c.
If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor
or a sub
-
Contractor
it employs to
perform work under this Agreement has violated any applicable wage and hour law, or Contractor
learns of
such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor
shall inform
the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the
date of learning of the final judgment, decision or order.
Contractor
or its sub
-
Contractor
(s) shall, within thirty
(30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City doc
umentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy t
he judgment, decision or order.
If the
Contractor
or its sub
-
Contractor
is subject to a payment or other
alternative plan, the
Contractor
or its sub
-
Contractor
shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d.
For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agen
cies include: the United States
Department of Labor, the California Division of Labor
Standards Enforcement, the City
, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e.
Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f.
Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E.
Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notic e provided to the above address satisfies the notice
requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]
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8 SIGNATURE PAGE FOR
MASTER
SERVICES AGREEMENT
BETWEEN THE
CITY OF MILPITAS
AND
ASQUARE,
INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF
MILPITAS
Approved By:
Ned Thomas
,
Acting
City Manager
Date
Approved As To Form:
Michael Mutalipassi
,
City Attorney
Approved
:
Lauren
Lai,
CPA,
MPA
Finance Director / Risk Manager
Approved As To
Content
:
Nick
Raisch
, Human Resources
Director
ASQUARE,
INC
.
Signature
Name
Title
Date
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9 EXHIBIT A
Scope of Services
The scope of services described herein is the minimum necessary to meet the City’s objectives.
They
shall be
able to provide
some or all
services as laid out below in this scope of services and provide personnel who are competent and capable of performing the necessary tasks generally associated with the job classification types specified in
Exhibit B
.
1. The scope of services by the Contractor shall include, but is not limited to:
a.
Providing temporary staffing for administrative, clerical, and technical categories.
b.
The ability to provide a pool of personnel sufficient to meet the CITY’s temporary staffing needs with a
minimum notice of
forty
-
eight hours
.
c.
Comparing job requirements with worker qualifications and submitting resumes of temporary staff as requested.
d.
Conducting background and reference checks, and drug screening of personnel, at no additional cost to the City.
e.
Ensuring temporary staff have been vaccinated for COVID -
19, annually or as otherwise required by
the City.
f.
Identifying prior CalPERS membership of all temporary staff to be assigned to the City to assist in ensuring the City adheres to CalPERS enrollment guidelines. If temporary staff has prior CalPERS membership, identify the number of hour previously worked i n the fiscal year (July 1
-
June 30).
g.
Administering and maintaining all employment and payroll records, payroll processing, and payment of payroll checks and taxes, including the deductions required by state, federal and local laws such as social security and withholding taxes for personnel em ployed by Contractor.
h.
Making all unemployment compensation contributions to Contractor’s employee(s) as required by federal and state law and process claims.
i.
Covering all costs related to Consultant’s employee(s) responsibilities for workers' compensation coverage required by federal and state law and process claims.
j.
Arranging for the CITY, if requested by CITY staff, to meet with the temporary staffing candidate, at the Contractor’s expense, for a period of up to one (1) hour.
The City would like the option for the
department to be able to interview an employee prior to placement to ensure a good fit.
k.
If staff have inadequate performance or other performance or behavioral issues, Contractor must be able to provide for a replacement
within
2 weeks.
l.
Contractor will allow City the option of converting
temporary employees to permanent hires
after
nine months of work as a temporary employee
.
CONTRACTOR RESPONSIBILITIES
a.
Work Order Process
: Contractor will only accept work orders for temporary personnel from the
designated City of Milpitas (COM) HR Department employee.
b.
Minimum Qualification Review:
Contractor must screen and test all personnel referred to COM for temporary assignments, pursuant to COM’s test criteria and pre -
employment standards, before
placement is made.
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10 c.
Recruitment Search, Advertising, Networking, Screening
: Contractor will identify three to five
candidates from their own network, within
five
business day
s
of
the request, to be interviewed by a
COM hiring manager. Contractor will pay for any necessary advertising and marketing to procure finalists. Contractor will ensure availability and interests of candidates, and review credentials of each applicant based on
resume, referral sources, and telephone interviews. Contractor will require that all candidates complete a background check which includes education, work and criminal history at Contractor’s cost, prior to their start date with COM. Candidates will also be required to
go through the livescan (fingerprinting) process at the City's expense. The City will have the final say as to the suitability of the candidate with respect to their background clearance.
d.
Final Reference Checks:
Contractor will complete a detailed reference check of each of the finalist candidates. A minimum of three references must be checked for each finalist, one of which must have had a supervisory relationship to the employee.
e.
Timecards:
Contractor must submit timecards to COM on a weekly basis for approval. Contractor must provide computerized billings on a monthly basis. A copy of the approved timecards must be submitted with the monthly billing. Billing must specify employee name, hours
worked and
department.
f.
Termination of Candidate’s Employment:
:
If COM experiences performance issues with the
selected candidate and terminates the temporary employee, the Contractor will provide a replacement employee to COM at no additional charge other than the standard billing rate for the replacement employee.
g.
Status Reports:
Contractor will provide COM with status reports on a monthly (or other agreed upon) basis, in a format approved by COM. Status reports must include the date the request was made; the date of placement; length of placement; cost of placement; job title of p lacement; hourly
billing rate paid; department where placement was made and the name of the requestor.
h.
Selecting a Temporary Employee:
The agency will initiate the applicable background checks on the selected candidate. The HR Department will confirm what types of background checks are required per position.
i.
Invoicing:
The agency is responsible for including on the invoices the following information:
1. The total year
-
to
-
date hours worked by each contracted employee
2. The employee’s hourly pay rate
3. The hourly bill rate to the City
4. Agency shall provide individual invoices per temporary staff.
CITY RESPONSIBILITIES
The City will assign a Project
Manager
, or designee who will coordinate City activities with the activities of the Contractor. All contracts within the City must be arranged through the Project Manager
, or designee.
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11 EXHIBIT B
Schedule of Charges/Payments
Contractor will invoice City on a monthly cycle. Contractor will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Contractor will inform City regarding any out -
of
-
scope work being performed by Co
ntractor. This is a time
-
and
-
materials Agreement.
Breakdown Of Cost
The billing rate for each temporary employee shall be finalized prior to the start of work. Billing rate ranges:
IT Analyst: $105
.00
-
$115
.00
per hour plus $5
.00
/hour in lieu of
conversion fee, with no other charges
for conversion to FTE at end of nine months
Senior IT Analyst: $115
.00
-
$125
.00
per hour plus $5
.00
/hour in lieu of conversion fee, with no other
charges for conversion to FTE at end of nine months
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12 EXHIBIT C
Activity Schedule
[RESERVED]
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13 EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below.
Those that have an “X” indicated in the space before
the requirement apply to Contractor’s or
Contractor
’s Agreement.
Contractor or
Contractor
shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contr actor or
Contractor
, its agents,
representatives, employees or subcontractors.
Contractor or
Contractor
shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or
Contractor
shall furnish City with copies of original endorsements affecting coverage required by this Exhibit
D
. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Contractor
’s insurer to provide complete, certified
copies of all required insurance policies, including endorsements affecting the coverage required by these s
pecifications.
Commercial General Liability (CGL):
___
Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less tha
n $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
_
X
_
Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. I
f a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___
Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence
. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
_
X
_
Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or
Contractor
has no owned autos, Code 8 (hired) and 9 (non
-
owned), with limits no less than $1,000,000.00
combined single limit for bodily injury and property damage.
___
Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single
limit
for bodily injury and property damage.
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14 ___
Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or
Contractor
, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_
X
_
Insurance appropriates to the Contractor or
Contractor
’s profession, with limit no less than
$1,000,000.00 per occurrence or
claim, $2,000,000.00 aggregate.
___
(If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___
Insurance appropriates to the Contractor or
Contractor
’s profession, with limit no less than ______ per
occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_
X
_
Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if
Contractor or
Contractor
provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___
Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Ins
tallation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery
and equipment. The Property
Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation,
and testing at the City’s site.
Contractor’s or
Contractor
’s Pollution Legal Liability:
___
Contractor’s or
Contractor
’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Contractor or
Contractor
maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Contractor
. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
_
X
_
Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Contractor
in this Agreement and shall include, but not be limited to, claims involving infringement of 500
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15 intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of elec
tronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____
Bid Bond
____
Performance Bond
____
Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly
executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_
X
_
Additional Insured Status and Primary/Non
-
Contributory Language
:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and vo
lunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured
on the general liability policy, ISO form
CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non
-
contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self -
insurance shall be called upon to protect
it as a named insured.
___
Loss Payee Status
–
Builder’s Risk/Course of Construction Insurance
(applicable
to
Construction Contracts only)
Contractor or
Contractor
may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
_
X
_
Notice of Cancellation, Suspension or Otherwise Voiding Policies :
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt req
uested to the City.
_
X
_
Waiver of Subrogation
:
501
Item # C7.
38077.00180
\
29167975.12
16 Contractor or
Contractor
hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or
Contractor
may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor or
Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Poli cy shall
be endorsed with a waiver of
subrogation in favor of the City for all work performed by Contractor or Contractor
, its employees, agents and
subcontractors.
___
Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contract
or fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self
-
Insured Retentions (“SIR”)
:
Any deductibles or self
-
insured retentions must be declared to and approved by City. The City may require the Contractor or
Contractor
to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self
-
insured retentions as
respects the City, its elected and appointed officials, offic ers, attorneys, agents, and employees; or (2) the
Contractor or
Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a
full
-
certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -
:VII, unless otherwise
acceptable to City.
Claims Made Policies
:
(note
-
should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least
five (5)
years after completion of contract of work.
3. If coverage is canceled or non
-
renewed, and not replaced with another claims
-
made policy
form with a Retroactive Date prior to the contract effective date, the Contractor or Contractor
502
Item # C7.
38077.00180
\
29167975.12
17 must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead
-
based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead
-
based paint or asbestos exclusions. If the
services involve mold identification/remediation, the Contractors
Pollution Liability Policy
shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors
:
Contractor or
Contractor
shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provis
ions of this Agreement, including the indemnity and
insurance requirements, with any sub
-
subcontractor to the extent they apply to the scope of the sub -
subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the sub
contractor upon request.
Verification of Coverage
:
Contractor or
Contractor
shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Contractor or Contractor
’s obligation to provide
them. The City reserves the right to require complete, certified copies o f all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply
:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agen
ts, and employees.
Applicability of Coverage
:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Contractor
’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
503
Item # C7.
Task Order No. (HR to provide)
Contractor: Requesting Department:
Term: Effective: / / and continue in effect through / / Job Classification :
Shift Days: Shift Hours/Per Week:
Shift Hours:
Hourly Rate to be Billed to the City: $
Funding Source
Fund: Function: Object Code:
Personnel: attach Resume
Approvals
Project Manager: Department Head:
Executed by:
City of Milpitas Contractor Name
Signature Date Signature Date
Printed Name & Title Printed Name & Title
SAMPLE TEMPORARY STAFFING REQUEST FORM
(Sample request form, information subject to change) The Contractor hereby agrees to perform the Services authorized herein in accordance with all the terms and conditions of the Contract. The Contractor shall furnish the necessaryprofessional and technical personnel and materials required to complete this work.
Exhibit E
504
Item # C7.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Sole Source Procurement of Police Vehicles from Duval Ford, LLC, and Authorize the Acting City Manager to Execute a Purchase Agreement with a Total Not-to-Exceed Amount of $701,953.92 for the Purchase of Up to 12 Police Vehicles (Staff Contact: Jared Hernandez, Chief of Police, 408-586- 2406 and Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Public Safety
Meeting Date: 10/3/2023
Recommendation:
1. Adopt a resolution to approve sole source procurement of police vehicles from Duval Ford, LLC, and authorize the Acting City Manager to execute a purchase agreement with a total not-to-exceed amount of $701,953.92 for the purchase of up to 12 police vehicles.
2. In the event the City is unable to procure the vehicles from Duval Ford LLC, the City Manager is authorized to select another vendor and execute a purchase agreement with a total not-to-exceed amount of $701,953.92 for the purchase of up to 12 police vehicles.
BACKGROUND:
In fiscal year 2021-22, two police patrol vehicles were severely damaged and could no longer be used for service. Council approved the replacement of these vehicles on March 1, 2022.
On June 7, 2022, and June 6, 2023, as part of the fiscal year 2022-23 and 2023-24 operating budgets respectively, City Council approved the purchase of a total of ten Police patrol vehicles for the Police Department. This purchase is intended to replace existing Police Department vehicles consistent with Section
30.00 of the Memorandum of Understanding between the City and the Milpitas Police Officers Association, which states in part that “reasonable efforts shall be made to replace Police patrol vehicles before such vehicles have acquired 75,000 miles, provided that if said vehicles are safe and suitable for patrol purposes after 75,000 miles, they may remain in service for another 15,000 miles or a total of 90,000 miles.” All ten vehicles recommended for replacement have exceeded the MOU maximum mileage threshold.
Subsequently, City Council approved the sole source purchase of replacement vehicles through cooperative agreement on December 20, 2022, and August 15, 2023. The Police Department ordered the five fiscal year 2022-23 patrol vehicles in January 2023 by way of cooperative purchase through Sourcewell Contract 091521- NAF from National Auto Fleet Group (NAFG). In addition, the department anticipated ordering the five fiscal year 2023-24 patrol vehicles by way of the same Sourcewell contract once the ordering window was opened (estimated in October). However, the department has since been notified by NAFG that the existing and future orders are not likely to be fulfilled, due to inventory production delays, circumstances outside of the City’s and NAFG’s control. Given production delays experienced over the past three years, staff has continuously reviewed alternative options and contacted potential providers. In late September of 2023, staff finally identified a single vendor, Duval Ford LLC, with twelve suitable patrol vehicles in production with an estimated delivery within 6 months. The department now requests to purchase the vehicles from this vendor to alleviate further delays in vehicle replacements.
Municipal Code Section I-2-3.03 titled “Procurements where competitive methods are not practicable” provides that the City is not required to engage in competitive procurement as authorized by the City Council to be “in the best interest of the City”. 505
Item # C8.
ANALYSIS:
As a result of on-going supply chain issues, the Police Department is currently utilizing vehicles that meet the vehicle replacement criteria. Two vehicles were severely damaged beyond repair, and ten vehicles meet the replacement criteria of 90,000 miles and the manufacturer’s warranty of five years or 100,000 miles for our patrol fleet. This replacement criteria aligns with industry standards for public safety vehicles. Replacing these vehicles based on the established criteria will help reduce maintenance costs and minimize the impact to the department’s ability to provide essential services to the community.
Typically, the City purchases vehicles using a Sourcewell cooperative agreement such as the National Auto Fleet Group (NAFG) one of the largest cooperative vehicle suppliers in the country. The use of cooperative agreements, which are a result of competitive solicitations, is typically more efficient than a competitive procurement process. However, purchases through these agreements are severely impacted by the current supply shortage of vehicles in the automobile market and have an extended delivery period.
There are currently no patrol vehicles in-stock, scheduled for production, nor currently available for government wholesale purchase through NAFG. NAFG has had five patrol vehicles (Council approved for FY 2022-23 Capital Outlay replacement) on order for Milpitas Police Department since January 2023, they have been unable to fulfill the order to date. Additionally, NAFG anticipates the order will be cancelled by their distributor due to circumstances outside of the City’s and NAFG’s control, therefore the pending order of the FY 2023-24 vehicles approved through the FY 2023-24 operating budget are not likely to be fulfilled either.
Furthermore, local dealerships do not have inventory of vehicles suitable for police patrol fleet. Staff confirmed with Mission Valley Ford (San Jose) in September 2023 that they could not fulfill an order for any number of police patrol vehicles due to lack of inventory. However, staff identified a vendor based out of state, Duval Ford, that has twelve suitable patrol vehicles in production. These vehicles are expected to ship from Los Angeles, California via open-trailer truck transport within six months.
Duval Ford will offer the City their lowest possible price for the vehicles, as quoted, and time is of the essence b as the vendor has other interested buyers. Therefore, as all other viable options have been exhausted, staff requests Council authority to purchase the twelve police patrol vehicles approved as part of the fiscal year 2021-22, 2022-23 and 2023-24 operating budgets directly from Duval Ford, which has available inventory, consistent with Municipal Code Section 1-2-3.03(d). With this authority, staff will be able to replace the vehicles as soon as possible to meet contractual obligations and to support effective police operations.
The total amount of the purchase not-to-exceed $701,953.92 includes the total purchase price of twelve police patrol vehicles at $58,496.16 per unit and all associated costs including California sales tax and transportation fees. The total amount not-to-exceed $701,953.92 does not exceed the dollar amounts approved by Council in prior purchase approval for the twelve vehicles.
POLICY ALTERNATIVE(S):
Alternative 1: Purchase the Police vehicles under the existing cooperative procurement contract with National Auto Fleet
Pros: A cooperative purchase allows for economies of scale by bringing together multiple organizations and their purchasing requirements, allow for more buying and negotiating power, and enables the City to obtain a better commercial deal than through a City RFP process.
Cons: National Auto Fleet does not have the needed vehicles in stock, nor have they been able to fulfill the order due to production and/or other delays unknown to the City. The continued substantial delay in waiting for the fulfillment of these orders would mean the Police Department would not have enough vehicles for effective operations.
Reason for Not Recommending: The replacement of these vehicles have already been approved by Council.
Due to supply chain and the priority of public safety, the Police Department needs to replace these vehicles as soon as possible.
506
Item # C8.
FISCAL IMPACT:
The total cost for the purchase of the twelve (12) Police patrol vehicles from Duval Ford is $701,953.92. The total amount appropriated is sufficient to cover the cost.
California Environmental Quality Act (CEQA):
The action being requested is not a project as defined by CEQA (CEQA Guidelines exemption 15378(b)(2)).
RECOMMENDATION:
1. Adopt a resolution to approve sole source procurement of police vehicles from Duval Ford, LLC, and authorize the Acting City Manager to execute a purchase agreement with a total not-to-exceed amount of $701,953.92 for the purchase of up to 12 police vehicles.
2. In the event the City is unable to procure the vehicles from Duval Ford LLC, the Acting City Manager is authorized to select another vendor and execute a purchase agreement with a total not-to-exceed amount of $701,953.92 for the purchase of up to 12 police vehicles.
Attachment(s):
1. Resolution
2. Sole Source Justification
3. Duval Ford Quotation
507
Item # C8.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING A
SOLE SOURCE WITH DUVAL FORD LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT TO PURCHASE TWELVE (12) POLICE PATROL
VEHICLES
WHEREAS, Milpitas Municipal Code Section I-2-3.06 (“Sole Source Procurement”) authorizes the City Council to award contracts without competition delivery, and terms. A written statement of the basis for the sole source determination and the period of the sole sourc e approval shall be placed in the contract file; and
WHEREAS, the Purchasing Agent has determined that Duval Ford LLC is the sole source due to available inventory for the purchase of twelve (12) police patrol vehicles; and
WHEREAS, the City Council approves a sole source with Duval Ford LLC and authorizes the City Manager to execute purchase agreements with the Duval Ford LLC for not -to-exceed amount of $701,953.92 to provide the necessary flexibility to meet the vehicle replacement schedule.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council approves Duval Ford LLC as the sole source dealership for purchasing twelve (12) police patrol vehicles.
3. The City Manager is authorized to execute purchase agreement and purchase order with Duval Ford LLC for a total amount not-to-exceed $701,953.92.
4. In the event the City is unable to procure the vehicles from Duval Ford LLC, the City Manager is authorized to select another vendor and execute a purchase agreement for the purchase of up to twelve (12) police patrol vehicles for a total amount not-to-exceed $701,953.92.
PASSED AND ADOPTED this day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
508
Item # C8.
2 Resolution No. ____
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Multalipassi, City Attorney
509
Item # C8.
V.011322
CITY OF MILPITAS
SOLE SOURCE OR
STANDARDIZATION (SOLE BRAND) REQUEST
THIS FORM MUST BE COMPLETED AND APPROVED
PRIOR TO ANY PROCUREMENT
_________________________________________________________________________ When a request is made for a sole source procurement or to restrict procurement to a specific brand (standardization) for the acquisition of supplies, equipment and materials or services (except for consultant services or contracts with other governmental agencies), as applicable, the requesting department must complete this form consistent with Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization.
Per the aforementioned Municipal Code section, a sole source contract is authorized w hen the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. The detailed information you are providing will facilitate such a determination.
Per the aforementioned Municipal Code section, a standardization of supplies, materials or equipment, including information and communication technology prod ucts and services and subsequent sole brand procurement is authorized, when the Purchasing Agent has determined that it is required for the health, safety or welfare of the people or employees of the City, or that cost savings have been demonstrated. Among the factors that may be considered in determining to standardize on a single brand or trade name are that:
a) In order to acquire a specific product(s) for the purpose of conducting a field test or experiment to determine the product's suitability for use by the City. b) When it is required for proper operation or function to match other products with respect to the repair or expansion or completion of a system or program already in use by the City, including, but not limited to, technology purchases required to achieve interoperability with existing hardware, software, systems or programs.
c) In order to achieve significant cost savings based upon consideration of the following cost factors: (1) Timeliness and quality of installation, repair and maintenance; (2) Quality of user training; (3) Supplies and replacement parts; (4) Modification of existing equipment, materials or systems; (5) Future upgrades and updates; (6) Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the product which is the subject of the standardization determination; and/or (7) Administrative costs.
510
Item # C8.
V.011322
This form is not necessary for contracting for professional services or contracting with other governmental agencies.
Please answer in the space provided, or in an attachment address by specific reference, each question listed below in your justification. Be sure to answer each part of each question as each must be addressed; no response can be not applicable. Failure to respond fully to any of the questions may result in delay or rejection of the request due to inadequate justification. If additional information is necessary, please attach additional page(s) and/or documents, as needed.
1. This is a request for a X Sole Source _____ Standardization (Sole Brand)
2. Using appropriate detail, including brand name and model number, briefly describe the product you wish to procure. In the case of a general service use enough detail to clearly describe to someone not familiar with your department’s operation what you are procuring.
Due to limited production of the Ford Utility Interceptors, the City has not been able to meet the vehicle replacement schedule for the past few years. The Ford Utility Interceptor is the standard for the patrol fleet.
As part of the FY 2021/22, FY 2022/23 and FY 2023/24 Vehicle Replacement Schedule, there are a total of 12 patrol vehicles that were scheduled for replacement.
FY Approved Budget Purchase Price
21/22 $60,540.72 $58,496.16
21/22 $60,540.72 $58,496.16
22/23 $59,514.78 $58,496.16
22/23 $59,514.78 $58,496.16
22/23 $59,514.78 $58,496.16
22/23 $59,514.78 $58,496.16
22/23 $59,514.78 $58,496.16
23/24 $64,568.05 $58,496.16
23/24 $64,568.05 $58,496.16
23/24 $64,568.05 $58,496.16
23/24 $64,568.05 $58,496.16
23/24 $64,568.05 $58,496.16
Total $741,495.59 $701,953.92
3. Please provide the total not-to-exceed amount of the purchase and/or agreement/contract as well as the requested term. (If buying software, the City’s standard term is five years)
Detailed cost breakdown explanation per year:
511
Item # C8.
V.011322
Year 1: $701,953.92 for purchase of 12 Ford Utility Interceptors Year 2: $
Year 3: $
Year 4: $
Year 5: $
Total Cost: $ 701,953.52__ Term (1-5 years): 1 year
4. For goods: What are the unique performance features of the product/brand requested that are not available in any other product/brand? For services: What unique qualifications, rights, degrees, certifications, licenses and/or experience does this vendor possess?
Due to inventory shortages, staff is recommending a sole source with Duval Ford LLC to meet the FY 2021/22, FY 2022/23 and FY 2023/24 vehicle replacement schedule. Duval Ford currently has the 12 units available.
5. What other products/services have been examined and rejected, and why? (Please provide a specific meaningful explanation, one vendor and one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, email, and telephone number of the company representative whose product you tested.)
The Police Department has elected the Ford Utility Interceptor as the standard for the patrol fleet. See vehicle replacement schedule under question 4.
Duval Ford
Bambi Darr
5203 Waterside Dr.
Jacksonville, FL 32210
904-381-6596 | Work
904-387-6816 | fax
[email protected]
6. If justification is based on matching and/or intermixing with existing equipment (standardization or sole brand only – (sole brand may only be used by authority of the City Council)), list the quantity, manufacturer, brand, and m odel of the existing equipment, and identify measurable cost savings consistent with the sole brand requirements identified on page one of the request form (attach calculations as necessary).
See Vehicle Replacement Schedule under question 4.
512
Item # C8.
V.011322
I HEREBY CERTIFY THAT:
1. I have read and understand the City's requirements for competitive bidding, as well as the criteria for justification for sole source and sole brand procurements.
2. I have gathered the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.
3. There is validity as to the information contained herein justifying my request for sole source or sole brand procurement and meeting the City's criteria.
4. A sole source or sole brand procurement in this case would withstand a possible audit or a vendor's protest.
Requestor Department Head
Name Name
Date Date
__________________________________________________________
PURCHASING DIVISION USE ONLY:
Approved: ____ Yes ____ No
Comments:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Purchasing Agent
Name
Date
513
Item # C8.
V.011322
SOLE SOURCE OR SOLE BRAND REQUEST
A. OVERVIEW
Purchasing recognizes that departments often invest a great deal of time and effort in selecting a source or brand, prior to submitting a requisition to Purchasing. Even though the departmental review process prior to the submittal of a requisition may be sound, it is highly recommended to quickly engage with Purchasing as soon and early in the process as possible to ensure all documentation and justifications for the request are consistent with the Municipal Code.
Likewise, Purchasing can be an effective partner in a competitive review process given adequate time and involvement in your requirement definition.
In an effort to expedite sole source or sole brand requisitions through Purchasing, you are directed to review the Sole Source or Sole Brand Request form herein. If the Department feels the request meets the criteria, follow the instructions in filling out the form and attach it to the requisition. After review, if Purchasing concurs with your sole source or sole brand justification, the requisition may be expedited without the competitive solicitation requirements.
This is an internal City review process. Departments are directed to use discretion in their discussion with vendors so as to not compromise any competitive advantage that Purchasing may utilize; in the event the sole source or sole brand justification is rejected. Rather than merely a shift of the review burden, this process acknowledges the significant effort a department may undertake when identifying a vendor or brand and provides you with the method by which to make requisitioning efforts more efficient adhering to the City’s Purchasing Ordinance.
In order for Purchasing to accept a request for sole source/so le brand, the certification form referenced is made a part of the Purchasing Agent’s written determination as provided by the Municipal Code must be signed by the Department Head. The completed form will remain on file for audit purposes.
Sole Source Requests Over $100,000
Sole Source requests over $100,000 require submission of an Agenda Report Sample - Sole Source Agenda Report and approval by City Council and require submission of a resolution as in the Sample - Sole Source Resolution. If you are making a second sole source purchase, over $100,000, within the five -year life of the original sole source purchase you are still required to submit an AR to City Council, and at a minimum, the report should confirm the findings in the prior sole source resolution are still accurate and that nothing has changed in the marketplace or elsewhere. If anything has changed, then a new resolution is required. If nothing has changed, then the Departme nt can rely on the prior resolution but should include language in the AR indicating that all previous findings and conclusions are still accurate, and staff is not aware of any new information that would change those findings or conclusions in the prior s ole source resolution.
514
Item # C8.
V.011322
B. PROCEDURE Sole source or sole brand procurements are an exception to competitive solicitation requirements and, therefore, require a detailed justification. In processing sole source or sole brand requests for supplies, equipment and/or services (except for consultant services or contracts with other governmental agencies) , Purchasing adheres to and is governed by the principles set forth in City of Milpitas Municipal Code Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization as approved by the City Council.
If the requesting Department is requesting a particular vendor, brand or product, staff must make this fact clear on your requisition. If approved, the request will then be restrictive and non - competitive and will fall into a sole source or sole brand category.
Such a request should not be made unless Department staff is confident that the request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit or scrutiny. The City’s requirements and the format for submitting such requests are contained herein.
The following factors DO NOT apply to sole source requests and should not be included in any sole source and/or sole brand justification request. They will not be co nsidered and only tend to confuse the evaluation process and delay the procurement.
1. Personal preference or experience with or for a particular product or vendor.
2. Cost, vendor performance, and/or local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements.
4. Explanation of the need and/or basic use for the equipment, unless the information relates to a request for “unique factors” (refer to question three from the Sole Source/S ole Brand Request form). In other words, it is not appropriate to only state the Department is requesting a specific tree trimmer so staff can trim trees, instead explain why this particular trimmer with these exact performance specifications is the only one that will meet the Department’s need(s).
5. A request for “no substitution” submitted without justification. This is just a sole source or sole brand request without justification and will be rejected. 515
Item # C8.
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Item # C8.
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: 10/3/2023
Recommendation: 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.
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 r epairs to the HVAC system at City Hall and the Public Works, Information Technology and Police Department buildings. The Information Memorandum issued on that date outlined the various equipment issues and provided a cost estimate of $ 899,300.
Project Update:
Below is a current update on the status of emergency repairs to the HVAC systems at City Hall and the Public Works, Information Technology and Police Department Buildings.
City Hall
The scope of work authorized repairs to the boiler, air handlers, and variable air volume (VAV) boxes to the City Hall building.
The new boilers were craned onto the 4th floor on Friday, September 22. Staff is working with the contractor for the building permitting process and to finalize the installation plan. The contractor is still working on repairs for the VAV boxes. All repairs are expected to be completed by early December.
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Item # C9.
Public Works/Information Technology/Police Department
At this facility, the Building Management System (BMS), boiler pumps and VAV boxes were identified as in need of emergency repairs.
The new boiler and chiller pumps are being installed with an expected completion of early October. Staff is working with the contractor and Department staff to finalize the repair plan for the VAV boxes since this work will take place in the ceiling above staff workstations. The next phase will include the update to the BMS system to finalize the emergency repairs for this building, which is expected to be completed by early December.
Fiscal Impact:
Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget and has been fully encumbered CIP Project 3499 - HVAC Systems Repairs funded $620,000 for the upgrades to the Building Management System (BMS) and Variable Air Flow (VAV) boxes at both buildings. The remaining repairs were funded by CIP Project 3406 – City Building Improvements in the amount of $279,300.
California Environmental Quality Act:
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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Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Two Fee Waiver Requests from FAREPA Silicon Valley and the Joseph Bettencourt Foundation and One Donation Request from Korean Language and Culture Foundation (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 10/3/2023
Recommendation:
(1) Approve a Fee Waiver of $945.00 for the Joseph Bettencourt Foundation Fundraiser at the Milpitas Community Center on October 20, 2023;
(2) Approve a Fee Waiver of $1,500 for the FAREPA Silicon Valley Unity in Diversity event at the Milpitas Community Center on October 12, 2023; and (3) Approve Donation request of $500 for the Korean Language and Culture Foundation Alphabet event at the Milpitas Library on October 1, 2023.
BACKGROUND:
On September 18, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Joseph Bettencourt Foundation (Foundation) for their fundraiser event at the Milpitas Community Center Auditorium on October 20, 2023. The request is for a $945 fee waiver for the auditorium rental fees.
On September 20, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Filipino American Real Estate Professionals Association Silicon Valley (FAREPA) for their Unity in Diversity event at the Milpitas Community Center Auditorium on October 12, 2023. The request is for a $1,500 fee waiver for the auditorium rental fees.
On September 26, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Korean Language and Culture Foundation for their Annual Alphabet Day event at the Milpitas Library on October 1, 2023. The request is for a $500 donation for materials and giveaways for the attendees.
ANALYSIS:
Three Donation and Fee Waiver/Reduction Policy request applications were received by the Recreation and Community Services Department on September 18, 20, and 26, 2023.
Fee Waivers
Both the Foundation and FAREPA submitted their respective required application and documentation for a non-profit fundraising event:
- Indoor Space Rental Application for Milpitas Community Center Auditorium - City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
The Foundation is requesting that the City Council waive eligible fees for the auditorium hourly rental fees in the amount of $945. FAREPA is requesting that the City Council waive eligible fees for the auditorium hourly rental fees in the amount of $1,500. Fees ineligible for waiver include the rental application fee of $30 and refundable security/damage deposit of $500. Refundable security/damage deposits are refunded within 30 days of the rental.
Donation
The Korean Language and Culture Foundation submitted their required application and documentation for their cultural language event:
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Item # C10.
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
The Korean Language and Culture Foundation is requesting that the City Council donate $500 to costs associated with presenting the event.
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, all three non-profit organizations provided copies of their determination letter 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 or all fee waiver 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 organizations 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 2023-24 City budget for City Council’s Unallocated Community Promotions with a current balance of $25,000. If these requests are approved by the City Council, then $22,055 would remain in that line item of the current year’s budget.
RECOMMENDATION:
1) Approve a Fee Waiver of $945 for the Joseph Bettencourt Foundation at the Milpitas Community Center on October 20, 2023
2) Approve a Fee Waiver of $1,500 for the Filipino American Real Estate Professionals Association Silicon Valley Unity in Diversity event at the Milpitas Community Center on October 12, 2023
3) Approve Donation request of $500 for the Korean Language and Culture Foundation Alphabet event at the Milpitas Library on October 1, 2023.
Attachment(s):
1. Joseph Bettencourt Foundation Application
2. Joseph Bettencourt Foundation Internal Revenue Service (IRS) non-profit letter
3. Filipino American Real Estate Professionals Association Silicon Valley Application
4. Filipino American Real Estate Professionals Association Silicon Valley Internal Revenue Service (IRS) non- profit letter
5. Korean Language and Culture Foundation Application
6. Korean Language and Culture Foundation Internal Revenue Service (IRS) non-profit letter
7. City Council Donation and Fee Waiver/Reduction Policy 520
Item # C10.
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Item # C10.
Within 60 days after completion of the event for
which a donation was received or a fee waiver
was granted by the City of Milpitas, your
organization will provide a 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.
Failure to abide by the rules and procedures set
forth in the City Council Donation/Fee Waiver
Policy will result in the organization being denied
for funding and/or fee waiver in the future.
Draw your signature into the box below.
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Item # C10.
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Item # C10.
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Item # C10.
How will the City's contribution (if approved) be recognized in event media and publicity? Through this event, we are raising awareness to other trade organizations and professionals. We support the City of Milpitas and its residents to help with education and updates of the real estate industry.
Upload your Entity Status Letter (Entity
Name listed on this application must
match the Entity Status Letter Name)
FinalLetter_82-1664367_FAREPASILICONVALLEYINC_02022022_00.pdf FAREPA SV CA TAX EXEMPT STATUS 2022-1 pdf
Within 60 days after completion of the
event for which a donation was received
or a fee waiver was granted by the City of
Milpitas, your organization will provide a
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.
Failure to abide by the rules and
procedures set forth in the City Council
Donation/Fee Waiver Policy will result in
the organization being denied for funding
and/or fee waiver in the future.
Draw your signature into the box below.
525
Item # C10.
526
Item # C10.
527
Item # C10.
Within 60 days after completion of the event for
which a donation was received or a fee waiver
was granted by the City of Milpitas, your
organization will provide a 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.
Failure to abide by the rules and procedures set
forth in the City Council Donation/Fee Waiver
Policy will result in the organization being denied
for funding and/or fee waiver in the future.
Draw your signature into the box below.
528
Item # C10.
STATE OF CALIFORNIA
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0540
Entity Status Letter
Date:
ESL ID:
Why You Received This Letter
According to our records, the following entity information is true and accurate as of the date of this letter.
Entity ID:
Entity Name:
1. The entity is in good standing with the Franchise Tax Board.
2. The entity is not in good standing with the Franchise Tax Board.
3. The entity is currently exempt from
tax under Revenue and Taxation Code (R&TC) Section 23701
4. We do not have current information about the entity.
5. The
entity was administratively dissolved/cancelled on through the Franchise Tax Board Administrative Dissolution process.
Important Information
• This information does not necessarily reflect the entity's current legal or administrative status with any other agency of the state of California or other governmental agency or body. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or if the entity did business in California at a time when it was not qualified or not registered to do business in California, this information does not reflect the status or voidability of contracts made by the entity in California during the period the entity was suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1).
• The entity certificate of revivor may have a time limitation or may limit the functions the revived entity can perform, or both (R&TC Section 23305b).
Connect With Us
Web:
Phone:
ftb.ca.gov
800-852-5711 from 7 a.m. to 5 p.m. weekdays, except state holidays 916
-845-6500 from outside the United States
California
Relay Service: 711711 or 800-735-2929 (For persons with hearing or speech impairments) FTB 4263A WEB (REV 12-2019)
2512656380
9/26/2023
3431277
KOREAN LANGUAGE AND CULTURE FOUNDATION.
✔
✔
d.
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Item # C10.
CITY OF MILPITAS
Revision Date
Original 04/16/2013
6/21/2022
CITY COUNCIL POLICY