Agenda packet — Milpitas City Council, November 7, 2023 (part 5 of 6)

PROJECT SITE KEY MAP
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023
12 PLEX - STACKED TOWNHOME CONDOS

BUILDING FLOOR PLANS
A1.2
0 4 8 16BUILDING FLOOR PLANS
Fourth Floor
Third Floor
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

Note: Square Footage may vary due to method of
calculation
OPT. RANGEHOOD

Page 513 of 707 ends

PROJECT SITE KEY MAP
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023
12 PLEX - STACKED TOWNHOME CONDOS

BUILDING FLOOR PLANS
A1.3
0 4 8 16EXTERIOR ELEVATIONS & ROOF PLAN

LADDER ACCESS PAD DIAGRAM
Buildings 200 | 12 Plex - Front Elevation
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

Note: Artist’s Conception; Colors, Materials And
Application May Vary.

Material Legend:

1. Roof

2. Stucco Body 1

3. Stucco Body 2

4. Stucco Body 3

5. Stucco 4 & Railing

6. Tile Veneer

7. Vinyl Window

8. Unit Address & Decorative
Light Fixture

9. Entry Door

10. Sectional Garage Door
1 25 4
6 9
1 8 73 5
Typical Ladder Access
Pad Diagram
Note: Ladder Access Pads Are Not Shown
On Alley Side - Alley Will Be Paved
Roof Plan

Page 514 of 707 ends

PROJECT SITE KEY MAP
Right Left
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023
12 PLEX - STACKED TOWNHOME CONDOS

BUILDING FLOOR PLANS
A1.4
0 4 8 16
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

Note: Artist’s Conception; Colors, Materials And
Application May Vary.
12 3
2 7
4 4
5 4
5 6
6 8
2 5
10 EXTERIOR ELEVATIONS
Material Legend:

1. Roof

2. Stucco Body 1

3. Stucco Body 2

4. Stucco Body 3

5. Stucco 4 & Railing

6. Tile Veneer

7. Vinyl Window

8. Unit Address & Decorative
Light Fixture

9. Entry Door

10. Sectional Garage Door
Buildings 200 | 12 Plex - Front Elevation

Page 515 of 707 ends

TRAVEL DISTANCE EXHIBIT
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023
12 PLEX - STACKED TOWNHOME CONDOS
BUILDING FLOOR PLANS A1.5

TRAVEL DISTANCE EXHIBIT
0 4 8 16

TRAVEL DISTANCE EXHIBIT
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
MARCH 17, 2022
STACKED HOMES 12 PLEX
BUILDING FLOOR PLANS A1.5TRAVEL DISTANCE EXHIBIT
0 4 8 16
PER CBC SECTION 1006.2.2.6; THE COMMON PATH OF EGRESS

TRAVEL SHALL NOT EXCEED
125

FEET WHEN PROTECTED

THROUGHOUT WITH AN APPROVED AUTOMATIC SPRINKLER
SYSTEM.

ALL PLANS COMPLY
NOTE:

PER CBC SECTION 1017.3, THE COMMON PATH OF EGRESS

TRAVEL HAS BEEN MEASURED ALONG A NATURAL AND
UNOBSTRUCTED PATH OF EGRESS (INTERPRETED TO BE 2 FEET
FROM ALL WALL AND FURNITURE SURFACES).

WHERE STAIRWAYS CONNECTING STORIES HAVE BEEN

INCLUDED, THE MEASUREMENT ALONG STAIRWAYS IS MADE ON

A PLANE PARALLEL AND TANGENT TO THE STAIR TREAD NOSING
IN THE CENTER OF THE STAIRWAY.

TYPICAL ON ALL PLANS.
12 PLEX- STACKED TOWNHOME CONDOS

Page 516 of 707 ends

1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023
12 PLEX - STACKED TOWNHOME CONDOS

BUILDING FLOOR PLANS
A1.6
0 4 8 16TRAVEL DISTANCE EXHIBIT

TRAVEL DISTANCE EXHIBIT
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
MARCH 17, 2022
STACKED HOMES 12 PLEX
BUILDING FLOOR PLANS A1.5TRAVEL DISTANCE EXHIBIT
0 4 8 16
PER CBC SECTION 1006.2.2.6; THE COMMON PATH OF EGRESS

TRAVEL SHALL NOT EXCEED
125

FEET WHEN PROTECTED

THROUGHOUT WITH AN APPROVED AUTOMATIC SPRINKLER
SYSTEM.

ALL PLANS COMPLY
NOTE:

PER CBC SECTION 1017.3, THE COMMON PATH OF EGRESS

TRAVEL HAS BEEN MEASURED ALONG A NATURAL AND
UNOBSTRUCTED PATH OF EGRESS (INTERPRETED TO BE 2 FEET
FROM ALL WALL AND FURNITURE SURFACES).

WHERE STAIRWAYS CONNECTING STORIES HAVE BEEN

INCLUDED, THE MEASUREMENT ALONG STAIRWAYS IS MADE ON

A PLANE PARALLEL AND TANGENT TO THE STAIR TREAD NOSING
IN THE CENTER OF THE STAIRWAY.

TYPICAL ON ALL PLANS.
12 PLEX- STACKED TOWNHOME CONDOS

Page 517 of 707 ends

PROJECT SITE KEY MAP
Buildings 200 | 12 Plex - Building Section
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023
12 PLEX - STACKED TOWNHOME CONDOS

BUILDING FLOOR PLANS
A1.7
0 4 8 16BUILDING SECTION

Page 518 of 707 ends

Color and Material Palette
Stucco-4 (Cyber) + balcony metal rails Metal Accents+ canopy Garage door

Stucco-1 (Light) Entry Door

Stucco-2 (Dark) Stucco-3 (Mid-range)

Tile veneer at First floor- Dal tile/ Valor/Gallant gray Roofing: Certainteed- Landmark series – Un-polished Weathered wood

SITE
APRIL 15, 2021
A2.6.0
SITE
APRIL 15, 2021
A2.6.0
SITE
APRIL 15, 2021
A2.6.0
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
MARCH 17, 2022
STACKED HOMES 12 PLEX

BUILDING FLOOR PLANS
A1.8COLOR & MATERIAL PALETTE
12 PLEX- STACKED TOWNHOME CONDOS
Beach Pebble - Ledge Cut- El Dorado Stone
Entry Doors
ThermaTru
Pulse Linea 8’ S81LCL
Vinyl frame
windows - white
Color and Material Palette
Stucco-4 (Cyber) + balcony metal rails Metal Accents+ canopy Garage door

Stucco-1 (Light) Entry Door

Stucco-2 (Dark) Stucco-3 (Mid-range)

Tile veneer at First floor- Dal tile/ Valor/Gallant gray Roofing: Certainteed- Landmark series – Un-polished Weathered wood

SITE
A
Beach Pebble - Ledge Cut- El Dorado Stone
Color and Material Palette
Stucco-4 (Cyber) + balcony metal rails Metal Accents+ canopy Garage door

Stucco-1 (Light) Entry Door

Stucco-2 (Dark) Stucco-3 (Mid-range)

Tile veneer at First floor- Dal tile/ Valor/Gallant gray Roofing: Certainteed- Landmark series – Un-polished Weathered wood

Beach Pebble - Ledge Cut- El Dorado Stone
Color and Material Palette
Stucco-4 (Cyber) + balcony metal r

Stucco-1 (Light)

Stucco-2 (Dark)

Tile veneer at First floor- Dal tile/ V
Un-polished

Beach Pebble - Ledge Cut- El Dorado
Color and Material Palette
Stucco-4 (Cyber) + balcony metal rails Metal Accents+ canopy Garage door

Stucco-1 (Light) Entry Door

Stucco-2 (Dark) Stucco-3 (Mid-range)

Tile veneer at First floor- Dal tile/ Valor/Gallant gray Roofing: Certainteed- Landmark series – Un-polished Weathered wood

Beach Pebble - Ledge Cut- El Dorado Stone
-2

Page 519 of 707 ends

PROJECT SITE KEY MAP

COMPACT COMPACT COMPACT COMPACT
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023

BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOS
A2.1
0 4 8 161355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023 BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOSBUILDING FLOOR PLANS
First Floor
Second Floor
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

Note: Square Footage may vary due to method of
calculation

Page 520 of 707 ends

PROJECT SITE KEY MAP
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023

BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOS
A2.2
0 4 8 161355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023 BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOSBUILDING FLOOR PLANS
Third Floor
© 2022 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

Note: Square Footage may vary due to method of
calculation

Page 521 of 707 ends

PROJECT SITE KEY MAP
Building 400 | 7 Plex - Front Elevation
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

Note: Artist’s Conception; Colors, Materials And
Application May Vary.

Material Legend:

1. Roof: Flat with Parapet

2. Stucco Body 1

3. Stucco Body 2

4. Stucco Accent & Siding

5. Accent Metal Railing

6. Stucco Canopy

7. Vinyl Window

8. Unit Address & Decorative
Light Fixture

9. Entry Door

10. Sectional Garage Door

11. Utility Cabinet Doors
8 9
34 25 16 7
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023

BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOS
A2.3
0 4 8 161355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023 BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOSEXTERIOR ELEVATION &

ROOF PLAN
Roof Plan

Page 522 of 707 ends

PROJECT SITE KEY MAP
Building 400 | 7 Plex - Exterior Elevations
Material Legend:

1. Roof: Flat with Parapet

2. Stucco Body 1

3. Stucco Body 2

4. Stucco Accent & Siding

5. Accent Metal Railing

6. Stucco Canopy

7. Vinyl Window

8. Unit Address & Decorative
Light Fixture

9. Entry Door

10. Sectional Garage Door

11. Utility Cabinet Doors
8 10
24 3 17
5 7
© 2023 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA.

Note: Artist’s Conception; Colors, Materials And
Application May Vary.
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023

BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOS
A2.4
0 4 8 16

EXTERIOR ELEVATIONS
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023 BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOS
Right Left
23 4
11 6 324 46

Page 523 of 707 ends

PROJECT SITE KEY MAP
Building 400 | 7 Plex - Building Section
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023

BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOS
A2.5
0 4 8 161355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
APRIL 03, 2023 BUILDING FLOOR PLANS
7 PLEX - TOWNHOME CONDOSBUILDING SECTION

Page 524 of 707 ends

SITE
APRIL 15, 2021
A2.6.0
1355 CALIFORNIA CIRCLE
MILPITAS, CALIFORNIA WHA INC. 2022050 | 2022061

PLANNED DEVELOPMENT PERMIT
MARCH 17, 2022
7 PLEX

BUILDING FLOOR PLANS

TOWNHOME STYLE
CONDOS
A2.6

COLOR & MATERIAL PALETTE
7 PLEX TOWNHOME CONDOS
Color and Material Palette
Stucco-4 (Cyber) + balcony metal rails

Color and Material Palette
Stucco-4 (Cyber) + balcony metal rails

Entry Doors
ThermaTru
Pulse Linea 8’ S81LCL
- 2
Vinyl frame
windows - white
Stucco-1 (Light)

Page 525 of 707 ends

VICINITY MAP
SITE
CALIFORNIA CIR.CALIFORNIA CIR.
880 FREEWAYREVISION LOGNO.DESCRIPTIONDate1ORIGINAL04.01.2223456 Project Team R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A3.0-A3.2 COVER SHEET.DWGMonday, July 31, 2023 12:35:24 AM A3.0
4TH ENTITLEMENT SUBMITTALMILPITAS, CAJULY. 31ST, 2023
THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 Contact: Contact:APPLICANT / OWNERPacific West Communities, Inc.430 E. State Street, Suite 100Eagle, ID 83616208.908.4873Mike [email protected]: Contact:LANDSCAPE ARCHITECTSCanyon Park Studio, Inc.910 Dogwood StreetCosta Mesa, Ca 92627949.612.5191Paul [email protected]: Contact:RESIDENTIAL ARCHITECTAO Architects144 N Orange AvenueOrange, CA 92866714.639.9860Michael [email protected]: Contact:CIVIL ENGINGEERSCivil Engineering Associates2055 Gateway Place #550San Jose, CA 95110408.453.1066 x207John [email protected] SHEET INDEXSheetNumberSheet TitleA3.0COVER SHEETA3.1PROJECT INFORMATIONA3.2EXISTING SITE CONDITIONSA4.0OVERALL SITE PLANA5.0CONCEPTUAL BUILDING PLANS - GROUND FLOOR LEVELA5.1CONCEPTUAL BUILDING PLAN - R1 RESIDENTIAL PODIUMLEVELA5.2CONCEPTUAL BUILDING PLAN - R2 RESIDENTIAL LEVELA5.3CONCEPTUAL BUILDING PLAN - R3 & 4 RESIDENTIAL LEVELA5.4CONCEPTUAL BUILDING PLAN - R5 RESIDENTIAL LEVELA6.0ROOF PLANA7.0UNIT PLANSA8.0WASTE MANAGEMENT PLANA9.0BUILDING SECTIONSA10.0CONCEPTUAL BUILDING ELEVATIONSA10.1CONCEPTUAL BUILDING ELEVATIONSA11.0COLOR & MATERIAL BOARD

Page 526 of 707 ends

R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A3.0-A3.2 COVER SHEET.DWGMonday, July 31, 2023 11:52:25 AM A3.1PROJECT INFORMATIONTHE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218

AFFORDABLE UNIT DISTRIBUTION
NOTE:AFFORDABLE UNITS TO BE ALLOCATED PROPORTIONALLY TO EACH UNIT TYPE.THESE UNITS WILL BE DISTRIBUTED THROUGHOUT THE PROJECT PLAN AND LEVELS TO MAINTAIN EQUAL ACCESS TO ALLPORTIONS OF THE BUILDING, AS SHOWN ON THE CONCEPTUAL AFFORDABLE UNIT DISTRIBUTION LAYOUT AS SHOWN ON THEFLOOR PLANS.THE EXACT LOCATION OF AFFORDABLE UNITS MAY VARY DEPENDENT ON LEASING SCHEDULE AND AVAILABILITY.

NOTE:AFFORDABLE UNITS TO BE ALLOCATED PROPORTIONALLY TO EACH UNIT TYPE.THESE UNITS WILL BE DISTRIBUTED THROUGHOUT THE PROJECT PLAN AND LEVELS TO MAINTAIN EQUAL ACCESS TO ALLPORTIONS OF THE BUILDING, AS SHOWN ON THE CONCEPTUAL AFFORDABLE UNIT DISTRIBUTION LAYOUT AS SHOWN ON THEFLOOR PLANS.THE EXACT LOCATION OF AFFORDABLE UNITS MAY VARY DEPENDENT ON LEASING SCHEDULE AND AVAILABILITY.

Page 527 of 707 ends

KEY MAP
NORTHN.T.S.

R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A3.0-A3.2 COVER SHEET.DWGMonday, July 31, 2023 12:35:31 AM A3.2EXISTING SITE CONDITIONSTHE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-2181

1. NORTHWEST VIEW OF PROJECT SITE ONCALIFORNIA CIRCLE.2. NORTHBOUND VIEW ON CALIFORNIA CIRCLE.

8. VIEW WITHIN PROJECT SITE PROPERTY FACINGCALIFORNIA CIRCLE.

4. SOUTH VIEW OF PROJECT SITE FROMADJACENT PROPERTY.

5. EAST VIEW OF ADJACENT PROPERTY,OPPOSITE FROM PROPERTY SITE ONCALIFORNIA CIRCLE.6. SOUTH VIEW OF PROPERTY FRONTAGE ONCALIFORNIA CIRCLE.7. WEST VIEW OF PROJECT SITE FRONTAGE.

3. NORTH WEST VIEW OF ADJACENT PROPERTYOPPOSITE OF PROJECT SITE ON CALIFORNIACIRCLE. 4235678

Page 528 of 707 ends

284'-8"
249'-3"
153'-4"
284'-8"
249'-3"
153'-4"
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')

MAIL ELEC RM

BOILER RM
S (9' X 18')
S (9' X 18')S (9' X 18')
S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')
S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') C (7'-6" X 15')C (7'-6" X 15')
S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')TERMINATION RM.(11'-6" X 29'-2") C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')S (9' X 18') S (9' X 18')S (9' X 18')S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') UP
C (7'-6" X 15')
UPELEV.RM
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS C (7'-6" X 15')
EVEVEV

WALL MOUNTEDBENCH
UP
FF. 16.1'
GRD. 12.75'
FG. 13.20'

LEASING
4% SLOPE UPUP
30" DIA.30" DIA.
30" DIA.
30" DIA.

LOBBYFF. 16.1'FF. 16.1'

UNISEXRESTROOM
STOR.

GRD. 15.5'
GRD. 14.2'
4% SLOPE UPGRD. 15.5'
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') MOVE-IN C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') GRD. 14.9'GRD. 14.3'

EVEVEVEVEVEV
S (9' X 18')S (9' X 18')
S (9' X 18')GARAGE PARKING STALLS56
SITE PARKING STALLS29
FUTUREDELIVERY& USPSPARKING(12' X 24')
C (7'-6" X 15')
S (9' X 18')
EV
MAINT.GRD. 15.5'
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')

TRASH STAGING &LARGE MOVE-IN TRUCKOPERATION

LANDSCAPE FINGER TO BE REMOVEDTO ACCOMMODATE AMAZONDELIVERY TRUCK / USPS VANSPACE IN THE FUTURE 16' WIDE ROLL-UP DOORAT TRASH TER. RM.
30" DIA.
8 BIKESON RACK
AA7.0
BA7.0

CALIFORNIA CIRCLECALIFORNIA CIRCLE
880 FREEWAY

RESIDENTIALPARKING
LEGEND

PROPERTY LINEBUILDING SETBACK LINE

MAINTENANCE SERVICE ROOMS
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A4.0 SITE PLAN.DWGMonday, July 31, 2023 11:23:45 AM A4.0OVERALL SITE PLAN
NORTH
THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 1/32"=1'-0"32'64'96' 016'

Page 529 of 707 ends

284'-8"
249'-3"
153'-4"
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')
MAIL

ELEC RM

BOILER RM
S (9' X 18')
S (9' X 18')S (9' X 18')
S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')
S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') C (7'-6" X 15')C (7'-6" X 15')
S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')TERMINATION RM.(11'-6" X 29'-2") C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')S (9' X 18') S (9' X 18')S (9' X 18')S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') UP
C (7'-6" X 15')
UP
ELEV.RM
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS C (7'-6" X 15')
EVEVEV

WALL MOUNTEDBENCH
UP
FF. 16.1'LEASING
4% SLOPE UPUP
30" DIA.30" DIA.
30" DIA.
30" DIA.

LOBBY

UNISEXRESTROOM
STOR.
4% SLOPE UP
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') MOVE-IN C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')

EVEVEVEVEVEV
S (9' X 18')S (9' X 18')
S (9' X 18')GARAGE PARKING STALLS56
SITE PARKING STALLS29
FUTUREDELIVERY& USPSPARKING(12' X 24')
C (7'-6" X 15')
S (9' X 18')
EV
MAINT.

C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')

TRASH STAGING &LARGE MOVE-IN TRUCKOPERATION

LANDSCAPE FINGER TO BE REMOVEDTO ACCOMMODATE AMAZONDELIVERY TRUCK / USPS VANSPACE IN THE FUTURE 16' WIDE ROLL-UP DOORAT TRASH TER. RM.
30" DIA.
8 BIKESON RACK
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A5.0-5.4 BUILDING COMPOSITE PLANS.DWGMonday, July 31, 2023 11:29:16 AM A5.0BUILDING COMPOSITE PLAN - GROUND FLOOR LEVEL
NORTH

RESIDENTIAL
LEGEND

MAUNENANCE SERVUCE ROOMSPARKING STRUCTURE
THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 3/32"=1'-0"32'64'96' 016'

SETBACK LINEPROPERTY LINE
5-CAR PARKING LIFT FOR FUTURE USE,AS NEEDEDSTANDARD RESIDENTIAL STALLSCOMPACT RESIDENTIAL STALLSELECTRICAL VEHICLE CHARGING STATION SCEV

CONSTRUCTION TYPE IA

Page 530 of 707 ends

GYMCLUBT
WD
DNUP
DN
UPDNOTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS TRASH
DECK 2DECK 1
1,190 SF.
850 SF.DDWW
S1A2S1S1S1
A1A1B1-A
B1-A
B1-AA2
B1-A
A1
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A5.0-5.4 BUILDING COMPOSITE PLANS.DWGMonday, July 31, 2023 11:33:52 AM A5.1CONCEPTUAL BUILDING PLAN - R1 RESIDENTIAL PODIUM LEVEL NORTH
THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 3/32"=1'-0"32'64'96' 016'
1 BEDROOM, TYPE II
LEGEND
1 BEDROO, TYPE IAMENITY DECK
2 BEDROO, TYPE I
STUDIO2 BEDROO, TYPE II

CONSTRUCTION TYPE IIIA MODULAR

PROPERTY LINENON- ACCESSIBLE
AFFORDABLE UNIT DISTRIBUTIONLOW-INCOME UNITS ALLOCATEDLOW-INCOME STUDIO UNITSLOW-INCOME 1 BED UNITSLOW-INCOME 2 BED UNITSNOTE:AFFORDABLE UNITS TO BE ALLOCATED PROPORTIONALLY TOEACH UNIT TYPE.THESE UNITS WILL BE DISTRIBUTED THROUGHOUT THE PROJECTPLAN AND LEVELS TO MAINTAIN EQUAL ACCESS TO ALLPORTIONS OF THE BUILDING, AS SHOWN ON THE CONCEPTUALAFFORDABLE UNIT DISTRIBUTION LAYOUT AS SHOWN ON THEFLOOR PLANS.THE EXACT LOCATION OF AFFORDABLE UNITS MAY VARYDEPENDENT ON LEASING SCHEDULE AND AVAILABILITY.

Page 531 of 707 ends

UP
UP
TRASH
UP
UP
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS S1S1S1S1A1A1B1-AA1-AA1-AA1A1A1
B1-AB1-AB1-AA2A2
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A5.0-5.4 BUILDING COMPOSITE PLANS.DWGMonday, July 31, 2023 12:36:11 AM A5.2CONCEPTUAL BUILDING PLAN - R2 RESIDENTIAL LEVELNORTH THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 3/32"=1'-0"32'64'96'016'
1 BEDROOM, TYPE II
LEGEND1 BEDROO, TYPE IAMENITY DECK
2 BEDROO, TYPE ISTUDIO2 BEDROO, TYPE II

CONSTRUCTION TYPE IIIA MODULAR

Page 532 of 707 ends

UP
UP
TRASH
UP
UP
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS S1S1S1S1A1A1A2A2B1-AB1-AB1-AA1-AA1-AA1A1A1
B1-A
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A5.0-5.4 BUILDING COMPOSITE PLANS.DWGMonday, July 31, 2023 12:36:16 AM A5.3CONCEPTUAL BUILDING PLAN - R3 & 4 RESIDENTIAL LEVELNORTH THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 3/32"=1'-0"32'64'96'016'
1 BEDROOM, TYPE II
LEGEND1 BEDROO, TYPE IAMENITY DECK

PROPERTY LINE
2 BEDROO, TYPE ISTUDIO2 BEDROO, TYPE II

CONSTRUCTION TYPE IIIA MODULAR

NON- ACCESSIBLE
AFFORDABLE UNIT DISTRIBUTIONLOW-INCOME UNITS ALLOCATEDLOW-INCOME STUDIO UNITSLOW-INCOME 1 BED UNITSLOW-INCOME 2 BED UNITSNOTE:AFFORDABLE UNITS TO BE ALLOCATED PROPORTIONALLY TOEACH UNIT TYPE.THESE UNITS WILL BE DISTRIBUTED THROUGHOUT THE PROJECTPLAN AND LEVELS TO MAINTAIN EQUAL ACCESS TO ALLPORTIONS OF THE BUILDING, AS SHOWN ON THE CONCEPTUALAFFORDABLE UNIT DISTRIBUTION LAYOUT AS SHOWN ON THEFLOOR PLANS.THE EXACT LOCATION OF AFFORDABLE UNITS MAY VARYDEPENDENT ON LEASING SCHEDULE AND AVAILABILITY.

Page 533 of 707 ends

UP
UP
UP
UP
UP
UP
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS TRASH
A1A1A2B1-AB1-AB1-AA1-AA1A1 A1A1-A
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A5.0-5.4 BUILDING COMPOSITE PLANS.DWGMonday, July 31, 2023 12:36:21 AM A5.4CONCEPTUAL BUILDING PLAN - R5 RESIDENTIAL LEVELNORTH THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 3/32"=1'-0"32'64'96'016'
1 BEDROOM, TYPE II
LEGEND1 BEDROO, TYPE IAMENITY DECK
2 BEDROO, TYPE ISTUDIO2 BEDROO, TYPE II

CONSTRUCTION TYPE IIIA MODULAR

Page 534 of 707 ends

UP
UP
UP
UP
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS LOCATION OF CORRIDOR BELOW ROOFDROPPED ROOF @ 5TH LEVEL DROPPED ROOF@ 5TH LEVEL
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A5.0-5.4 BUILDING COMPOSITE PLANS.DWGMonday, July 31, 2023 12:36:26 AM A6.0ROOF PLANNORTH
THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 1/32"=1'-0"32'64'96'016'

LEGENDNON- ACCESSIBLEHVACPROPERTY LINE

Page 535 of 707 ends

LIVING10'-8" X 9'-4"BEDROOM 110'-8" X 11'-6"
CHASE33" X 28"BATH
UNIT A1AFFORDABLE 1 BED - 1 BATHUNIT AREA: 554 SQ. FT.

KITCHENDWP.

LIVING10'-6" X 14'-0"
L.P.L.

BEDROOM 110'-8" X 11'-6"
CHASE33" X 30"BATH
UNIT A2AFFORDABLE 1 BED - 1 BATHUNIT AREA: 612 SQ. FT.

KITCHENDWBEDROOM 210'-8" X 14'-8"LIVING12'-8" X 9'-4"BEDROOM 110'-8" X 11'-6" CHASE33" X 30"BATH
UNIT B1-A (TYPE V)AFFORDABLE 2 BED - 1 BATHUNIT AREA: 840 SQ. FT.

KITCHENDWP. STOR.3'-8" X 4'-0"
GEAR WALLCHASE75" X 18"
LIVING SPACE12'-8" X 15'-9"KITCHENBATH
UNIT S1AFFORDABLE STUDIO - 1 BATHUNIT AREA: 411 SQ. FT.

KITCHENP.CHASE42" X 18"
DW
CHASE33" X 26"
LIVING / DINING12'-8" X 16'-4"BEDROOM 110'-8" X 9'-6"
BEDROOM 210'-8" X 9'-9"
BATH
UNIT B1-B (TYPE III)AFFORDABLE 2 BED - 1 BATHUNIT AREA: 791 SQ. FT.

LIVING10'-8" X 9'-4"BEDROOM 110'-8" X 11'-6"
CHASE33" X 28"BATH
UNIT A1-AAFFORDABLE 1 BED - 1 BATHUNIT AREA: 604 SQ. FT.

KITCHENDWP.

R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A7.0 UNIT PLANS.DWGMonday, July 31, 2023 12:36:33 AM A7.0UNIT PLANSTHE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 1/8"=1'-0"24'08'4'16'
Not Used

Page 536 of 707 ends

RESIDENTIAL TRASH ROOMTRASH BIN ROLL OUT ACCESS PATHTO TRASH STAGING AREA.OPERATED BY BUILDING MANAGEMENT.LEGEND C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')
MAIL

ELEC RM

BOILER RM
S (9' X 18')
S (9' X 18')S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') C (7'-6" X 15')C (7'-6" X 15')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')TERMINATION RM.(11'-6" X 29'-2") C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') UP
C (7'-6" X 15')
UP
ELEV.RM
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS C (7'-6" X 15')EVEVEV
6 BIKESON RACKWALL MOUNTEDBENCH
UP
FF. 16.1'GRD. 12.75'
FG. 13.20'
LEASING4% SLOPE UPUP
30" DIA.30" DIA.
30" DIA.
30" DIA.

LOBBYFF. 16.1'FF. 16.1'UNISEXRESTROOMSTOR.GRD. 15.5'
GRD. 14.2'
4% SLOPE UPGRD. 15.5'
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') MOVE-INC (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') GRD. 14.9'GRD. 14.3'

EVEVEVEVEVEV
S (9' X 18')S (9' X 18')
S (9' X 18')GARAGE PARKING STALLS56
SITE PARKING STALLS29FUTUREDELIVERY& USPSPARKING(12' X 24') C (7'-6" X 15')S (9' X 18')
EV
MAINT.GRD. 15.5'
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')

TRASH STAGING &LARGE MOVE-IN TRUCKOPERATION

LANDSCAPE FINGER TO BE REMOVEDTO ACCOMMODATE AMAZONDELIVERY TRUCK / USPS VANSPACE IN THE FUTURE 30" DIA.

CALIFORNIA CIRCLE

TRASH TRUCKLOADING AREAPULL-OUT ACCESS PATHTO STAGING AREA

TRASHCHUTE TERMINATIONS ANDCOLLECTION ROOM

TRASH CHUTELOCATION
16 ft. WIDE ROLLUP DOOR FORTRASH BIN MANEUVERING ANDPULL OUT8 ft. WIDE OUTDOOR TRASH BINMANEUVERING AREA IN FRONT OFTHE ROLL-UP DOOR CALIFORNIA CIRCLESNAP DRAGON ST.
880 FREEWAY
30" DIA.
30" DIA.
6'-0"
6'-0"3'-5 3/4"2'-10 3/4"
3 YD BIN2 YD BINTOTAL OF 5 THREE YARD BINSARE PROVIDED
ONE TWO YARD BIN IS PROVIDED FORFOOD SCRAPS / FOOD SOILED PAPERCOLLECTION.

TERMINATION RM.(11'-6" X 29'-2")
30" DIA.30" DIA.
30" DIA.
30" DIA.

STOR.GRD. 15.5'GRD. 15.5'MOVE-IN30" DIA.
11'-6"29'-2"16' WIDE x 8'-0" TALL ROLL-UPDOOR AT TRASH TER. RM.TRASH BIN MANEUVERING SPACEIN FRONT OF THE ROLL UP DOOR8'-0" 2 YDBIN3 YDBIN3 YDBIN3 YDBIN3 YDBIN16 ft. VERTICAL CLEARANCE R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A8.0 WASTE MANAGEMENT PLAN.DWGMonday, July 31, 2023 12:36:59 AM A8.0A8.0 - WASTE MANAGEMENT PLAN
NORTH
THE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 Trash Truck RoutingTrash staging and truck loading area will be provided within the property. The Wastecompany will pull out the bins from the termination room and move them to the trashloading area to commence operations. Maximum 4% sloped ramp is added.Trash Pickup ScheduleTrash Bins are anticipated to be on site at all times for twice a week pick-up schedule.Tenants will not access the ground floor trash termination room directly. Individualtenants will deposit trash and recyclable materials into two separate chutes located in a trash room at each upper floor level. The trash and recyclable materials will collectin 3 CY Bins in the trash termination room located on the ground floor. Organic trash(recyclable food scraps and food soiled paper waste) will be collected in a receptaclelocated in the trash room on each upper-level floor. The building porter will collectthese receptacles and transport them in the trash termination room located on the ground floor. 2 CY trash bin is provided at the ground floor trash collection room to collect organic trash. Organic trash will not include yard trimming.The trash chutes will contain a mechanism that will allow complete shut-off in order to remove/replace the bins as they require emptying and limit access to all other floorswhen any one chute door is opened. A porter will be required to monitor the trashlevels throughout the day as a part of daily duties. A vehicle appropriate for towingtrash bins will be part of contracting with the service provider or separate private party.

Maintenance of Trash RoomsThe maintenance of the trash rooms will be monitored and managed by PropertyManagement.Roll Out Service and Pick-upTrash collection bins will be moved from the termination room at Level 1 (parkingstructure) to the provided trash staging area along the path shown in the diagram. The property owner will contract for the property management company to provide on-sitetrash management to ensure that full bins are replaced with empty ones. A ServiceProvider will be contracted by the property owner to empty the bins as necessary per schedule.The rental/ownership of the bins and the trash service for the tenants will be paid for by the building owner.The Service Provider will be contracted to provide stinger-truck service for conveyanceof bins to the curbside and collection of bins from the staging area.

VICINITY MAP
N.T.S.
1/16"=1'-0"16'32'48'08'
1/4"=1'-0"8'2'12'04' TRASH TERMINATION ROOM

Page 537 of 707 ends

11'-5"10'-11"10'-11"
77'-4"

CUNITUNITCUNITUNITUNITC
GARAGE
17'-6"
CC
10'-11"12'-2"
UNIT
T.O.PODIUM17'-6"
R1 - LEVEL
T.O.ROOF
G1 - GARAGE0'-0"
R2 - LEVELR3- LEVELR2 - LEVEL
29'-8"40'-7"51'-6"62'-5"73'-10"

UNITUNITUNITUNIT
PL
11'-5"10'-11"10'-11"
77'-4"

C UNITUNITC UNITUNITUNITC
GARAGE
17'-6"
CCLUBC
10'-11"12'-2"GYM
UNIT
T.O.PODIUM17'-6"
R1 - LEVEL
T.O.ROOF
G1 - GARAGE0'-0"
R2 - LEVELR3- LEVELR2 - LEVEL
29'-8"40'-7"51'-6"62'-5"73'-10"
PL PL

UNITUNIT
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A9.0 BUILDING SECTION.DWGMonday, July 31, 2023 11:36:46 AM A9.0BUILDING SECTIONSTHE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 3/32"=1'-0"32'64'96' 016'

SECTION A-A

SECTION B-B

KEY MAP
NORTHN.T.S.

AAB
B
+/- 79'-0"
+/- 79'-0"

Page 538 of 707 ends

11'-5"10'-11"10'-11"R1 PODIUM LEVEL16'-0"188'-8"12'-2"199'-11"R3 LEVELR2 LEVEL210'-6"R4 LEVEL221'-11"ROOF LEVEL10'-11"210'-6"R5 LEVEL G1 GARAGE LEVEL17'-6"0'-0"
77'-4"
MATERIAL LEGEND1.Exterior Plaster 16/202.Exterior Plaster Smooth Finish3.Wood Framed Canopy4.Glass Panel Metal Railings5.Metal Mesh Screen System6.Vinyl Windows7.Stone Veneer8.Aluminum Storefront System9.Metal Door10.Metal Roll-up Door 11'-5"10'-11"10'-11"R1 PODIUM LEVEL16'-0"188'-8"12'-2"199'-11"R3 LEVELR2 LEVEL210'-6"R4 LEVEL221'-11"ROOF LEVEL10'-11"210'-6"R5 LEVEL G1 GARAGE LEVEL17'-6"0'-0"
83'-0"6'-6"
R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A10.0-A10.1 CONCEPTUAL ELEVATIONS.DWGMonday, July 31, 2023 12:37:07 AM A10.0CONCEPTUAL BUILDING ELEVATIONSTHE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 1/16"=1'-0"16'32'48'08'
EAST ELEVATION1 818KEY MAP
NORTHN.T.S.

SOUTHELEVATIONEASTELEVATION

SOUTH ELEVATION
127 11615 3
25 1 42632 19
+/- 79'-0"

Page 539 of 707 ends

11'-5"10'-11"10'-11"R1 PODIUM LEVEL16'-0"188'-8"12'-2"199'-11"R3 LEVELR2 LEVEL210'-6"R4 LEVEL221'-11"ROOF LEVEL10'-11"210'-6"R5 LEVEL G1 GARAGE LEVEL17'-5"0'-0"
77'-4"8'-2"16'-4"
MATERIAL LEGEND1.Exterior Plaster 16/202.Exterior Plaster Smooth Finish3.Wood Framed Canopy4.Glass Panel Metal Railings5.Metal Mesh Screen System6.Vinyl Windows7.Stone Veneer8.Aluminum Storefront System9.Metal Door10.Metal Roll-up Door 11'-5"10'-11"10'-11"R1 PODIUM LEVEL16'-0"188'-8"12'-2"199'-11"R3 LEVELR2 LEVEL210'-6"R4 LEVEL221'-11"ROOF LEVEL10'-11"210'-6"R5 LEVEL G1 GARAGE LEVEL17'-6"0'-0"
6'-6"
10'-2"
77'-4"R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A10.0-A10.1 CONCEPTUAL ELEVATIONS.DWGMonday, July 31, 2023 12:37:10 AM A10.1CONCEPTUAL BUILDING ELEVATIONSTHE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 1/16"=1'-0"16'32'48'08'

WEST ELEVATIONKEY MAP
NORTHN.T.S.

KEY MAP
NORTHN.T.S.

WESTELEVATIONNORTHELEVATIONNORTH ELEVATION
62 4781
2 17253128610
2 +/- 79'-0"
+/- 79'-0"

Page 540 of 707 ends

R:\2022\2022-218 TPC - 1355 CALIFORNIA CIRCLE - MILPITAS\03 DESIGN\SCHEMATIC\CAD\22-218_A7.0 COLOR & MATERIAL BOARD.DWGMonday, July 31, 2023 12:37:17 AM A11.0COLOR & MATERIAL BOARDTHE PACIFIC COMPANIES520 CAPITOL MALL, SUITE 150, SACRAMENTO, CA 95814144 NORTH ORANGE ST., ORANGE, CA 92866(714) 639-9860AO ARCHITECTS1355 CALIFORNIA CIRCLEMILPITAS, CALIFORNIADATE: 07-31-23JOB NO.: 2022-218 1/8"=1'-0"24'08'4'16'

Page 541 of 707 ends

Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates.L-1 Milpitas, CaliforniaSCALE: 1" = 30'-0"NORTH0'15'30'60' vanderToolen Associates855 Bordeaux WaySuite 240Napa, CA 94558tel+ 707.224.2299hhhvandertoolenco^ OVERALL LANDSCAPE PLANCONCEPTUAL LANDSCAPE PLANJULY 28, 2023Project No. 01522 1355 CALIFORNIA CIRCLE CONCRETE WALK, TYP.SCORE LINE, TYP.ENHANCED SCORED CONCRETE PAVINGCONCRETE DRIVEWAYSOUND WALLRETAINING WALL WITH 6' HIGH WOOD FENCELOW RETAINING WALL,TYP.CONCRETE STEPS, TYP.WOOD A.C. UNIT SCREEN, TYP.DIRECTORY / MAP SIGNMAILBOX ENCLOSURE WITH TRELLISPASEO ENTRYWAY TRELLISSHADE SAIL STRUCTURECURVED SEAT WALL WITH STONE VENEERPLAYGROUND WITH RUBBERIZED SURFACETRASH AND RECYCLING RECEPTACLES(5) 6' LONG BENCH WITH BACK(3) PICNIC TABLEPLANTING AREA, TYP.TURF AREA, TYP.BIO-RETENTION AREA, TYP.PAVING, LOW-GROWING GROUNDCOVER, ORTURF AT LADDER PADS, TYP.(14) BIKE RACKCALIFORNIA CIRCLE R.O.W. LANDSCAPEPLANTING & STREET TREES PER CITYSTANDARDSBOLLARD LIGHTS PER LIGHTING CONSULTANTPOST TOP LIGHTS PER LIGHTING CONSULTANTMETAL FENCE ON RETAINING WALL PRELIMINARYLEGEND2345678910111213141516171819
1 202122
IRRIGATION NOTES1.THE IRRIGATION DESIGN FOR THE SITE SHALL COMPLY WITH THESTATE MANDATED MODEL WATER EFFICIENT LANDSCAPEORDINANCE (MWELO).2.THE IRRIGATION SYSTEMS WILL BE AUTOMATICALLY CONTROLLEDBY AN ET/'SMART' IRRIGATION CONTROLLER CAPABLE OFMULTIPLE PROGRAMMING AND INDEPENDENT TIMING OFINDIVIDUAL IRRIGATION SYSTEMS. THE CONTROLLER WILL HAVE A24-HOUR CLOCK TO ALLOW MULTIPLE START TIMES AND REPEATCYCLES TO ADJUST FOR SOIL PERCOLATION RATES.3.THE IRRIGATION SYSTEMS WILL CONSIST PRIMARILY OF LOWVOLUME, LOW FLOW BUBBLERS FOR TREES, AND POINT SOURCEDRIP IRRIGATION FOR SHRUBS AND GROUNDCOVERS.4.PLANTS WILL BE GROUPED ONTO SEPARATE VALVES ACCORDINGTO SUN EXPOSURE AND WATER USE TO ALLOW FOR IRRIGATIONAPPLICATION BY HYDROZONE. THE IRRIGATION SCHEDULING WILLREFLECT THE REGIONAL EVAPO-TRANSPIRATION RATES. THEENTIRE SITE WILL BE DESIGNED TO RUN DURING NIGHTTIMEHOURS WHEN IRRIGATION IS MOST EFFICIENT.5.ALL MWELO DOCUMENTATION INCLUDING IRRIGATION PLANS,WATER USE CALCULATIONS AND CERTIFICATES SHALL BESUBMITTED WITH THE LANDSCAPE IMPROVEMENT PLANS FORREVIEW AND APPROVAL.PLANTING NOTES1.THE PLANTING DESIGN FOR THE SITE IS DROUGHT TOLERANTAND CONSISTS OF A BALANCE OF EVERGREEN AND DECIDUOUSPLANTING AS WELL AS NATIVE AND ORNAMENTAL PLANTING.2.PROPOSED TREE LOCATIONS ARE BASED ON STANDARD JOINTTRENCH LOCATIONS. FINAL TREE LOCATIONS TO BEDETERMINED WHEN FINAL UTILITY LOCATIONS ARE PROVIDED.TREE PLACEMENT MAY BE ADJUSTED AND FINAL TREE COUNTMAY CHANGE.3.ALL SHRUBS AND GROUNDCOVER MATERIAL SELECTED HAVE AWUCOLS WATER USE RATING OF VERY LOW TO MODERATE.4.PROPOSED TREE CANOPIES ARE SHOWN AT 85% MATUREGROWTH DIAMETER IN ORDER TO ENSURE THERE ISSUFFICIENT ROOM FOR TREE GROWTH AND HEALTH.23 REFER TO SHEETL-3 FOR PASEOENLARGEMENTSREFER TO SHEET L-2FOR AMENITY AREAENLARGEMENT 201520313181111926314171691922
31 2192
221199 4
4 44 521
521
521961213
9323120
192221721
27199221
211219
211219
211921
422782 23 23211921
19 232112162191
TREESBOTANICAL NAMECOMMON NAMECONTWUCOLS IVQTY ACER RUBRUM `ARMSTRONG`ARMSTRONG RED MAPLE24"BOXMOD10 DODONAEA VISCOSA `PURPUREA`STANDARD HOPSEED BUSH15 GALLOW35 LAGERSTROEMIA X `MUSKOGEE`LAVENDER CRAPE MYRTLE24"BOXLOW39 LAGERSTROEMIA X `NATCHEZ`CRAPE MYRTLE24"BOXLOW42 LAGERSTROEMIA X `TUSCARORA`CRAPE MYRTLE CORAL PINK24"BOXLOW30 LAURUS NOBILIS `SARATOGA`SWEET BAY36"BOXLOW4 LOPHOSTEMON CONFERTUSBRISBANE BOX15 GALMOD5 PINUS CANARIENSISCANARY ISLAND PINE15 GALLOW4 PISTACIA CHINENSIS 'KEITH DAVEY'KEITH DAVEY CHINESE PISTACHE24"BOXLOW13* PRUNUS CAROLINIANA `BRIGHT `N TIGHT`STANDARD CAROLINA LAUREL15 GALLOW57 QUERCUS AGRIFOLIACOAST LIVE OAK24"BOXV. LOW7 RHAPHIOLEPIS INDICA `MAJESTIC BEAUTY`STANDARD INDIAN HAWTHORNE15 GALLOW33 ULMUS PARVIFOLIA `DRAKE`DRAKE ELM24"BOXLOW3 *OFFSITE TREESTOTAL PROPOSED ONSITE TREES269

TREE LEGEND
24 APARTMENT BUILDING
1 2 34
5 1312
1110
987
6 PARK:PASEOS:OTHER LANDSCAPE AREAS:PRIVATE OPEN SPACE:(BALCONY / PORCH)-12-PLEX (8 BLDGS)-7-PLEX (5 BLDGS)APARTMENTS OPEN SPACE:-PODIUM DECK 1:-PODIUM DECK 2:

OPEN SPACE CALCULATIONS
13,880 SF19,265 SF31,475 SF9,376 SF TOTAL1,790 SF TOTAL820 SF3,900 SF TOTAL OPEN SPACE:
80,506 (30% OF TOTAL SITE)
2526
21 2424
24 26
25 26
25 25
25 2525
26 26
10 27

Page 542 of 707 ends

Page 543 of 707 ends

CENTRAL PASEOS

PASEO ENTRYWAY TRELLIS

TYPICAL PASEO

BIKE RACKS
1415 15
15 1414

Page 544 of 707 ends

MAILBOX ENCLOSURE WITH TRELLISTURF FOR RECREATIONAL ACTIVITIES

SHRUB PLANTING

SHADE STRUCTURE OVER PICNIC AREAPLAY EQUIPMENT

WOOD FENCE ON RETAINING WALL

SOUND WALL

ENHANCED SCORING

PICNIC TABLES WITH WASTE RECEPTACLESCURVED SEATWALL WITH STONE VENEER

PARK & OPEN SPACE BENCHPASEO ENTRYWAY TRELLIS

METAL FENCE ON RETAINING WALL

Page 545 of 707 ends

Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates.L-5Project No. 01522vanderToolen Associates855 Bordeaux WaySuite 240Napa, CA 94558tel+ 707.224.2299hhhvandertoolenco^ PLANT IMAGERYCONCEPTUAL LANDSCAPE PLANJULY 28, 2023Milpitas, California1355 CALIFORNIA CIRCLE SHRUB PALETTESHRUBSBOTANICAL NAMECOMMON NAMESIZEWUCOLS IVSPACINGACACIA COGNATA `COUSIN ITT`RIVER WATTLE5 GALLOW36" o.c.ARCTOSTAPHYLOS D. `HOWARD MCMINN`HOWARD MCMINN MANZANITA5 GALLOW60" o.c.CALLISTEMON CITRINUS `LITTLE JOHN`DWARF BOTTLE BRUSH5 GALLOW36" o.c.CARPENTERIA CALIFORNICABUSH ANEMONE5 GALLOW48" o.c.CEANOTHUS MARITIMUS `VALLEY VIOLET`MARITIME CEANOTHUS5 GALLOW36" o.c.CEANOTHUS RIGIDUS `SNOWBALL`CEANOTHUS SNOWBALL5 GALLOW72" o.c.DODONAEA VISCOSA `PURPUREA`PURPLE LEAFED HOPSEED BUSH15 GALLOW72" o.c.EUONYMUS JAPONICUS `GREENSPIRE`GREENSPIRE UPRIGHT EUONYMUS1 GALLOW24" o.c.GALVEZIA SPECIOSA `BOCA ROSA`ISLAND SNAPDRAGON5 GALLOW36" o.c.GREVILLEA X `NOELLII`GREVILLEA15 GALLOW48" o.c.HELIANTHEMUM N. `HENFIELD BRILLIANT`HENFIELD BRILLIANT ROCK ROSE1 GALLOW24" o.c.JUNIPERUS CHINENSIS `SEA GREEN`SEA GREEN JUNIPER5 GALLOW48" o.c.LAVATERA MARITIMATREE MALLLOW5 GALLOW48" o.c.LEUCOPHYLLUM FRUTESCENS `COMPACTA`COMPACT TEXAS RANGER5 GALLOW48" o.c.LOROPETALUM C. `PURPLE DIAMOND`FRINGE FLOWER5 GALLOW48" o.c.PHORMIUM TENAX `FIREBIRD`FIRE BIRD FLAX5 GALLOW48" o.c.PHORMIUM X `BLACK ADDER`NEW ZEALAND FLAX5 GALLOW36" o.c.PITTOSPORUM TOBIRA `VARIEGATA`VARIEGATED MOCK ORANGE5 GALLOW48" o.c.RHAMNUS CALIFORNICA `EVE CASE`CALIFORNIA COFFEEBERRY5 GALLOW72" o.c.ROSA CALIFORNICACALIFORNIA WILD ROSE5 GALLOW60" o.c.SALVIA CLEVELANDII `WINIFRED GILLMAN`CLEVELAND SAGE5 GALLOW36" o.c.SALVIA GREGGII `PINK`PINK AUTUMN SAGE5 GALLOW36" o.c.SALVIA LEUCANTHAMEXICAN BUSH SAGE15 GALLOW48" o.c.SALVIA MICROPHYLLA `HOT LIPS`BABY SAGE5 GALLOW48" o.c.TEUCRIUM FRUTICANS `COMPACTA`BUSH GERMANDER5 GALLOW36" o.c.VIBURNUM DAVIDIIDAVID VIBURNUM5 GALMOD36" o.c.GRASSESBOTANICAL NAMECOMMON NAMESIZEWUCOLS IVSPACINGCALAMAGROSTIS X A. `KARL FOERSTER`FEATHER REED GRASS5 GALLOW24" o.c.CAREX TESTACEA `PRAIRIE FIRE`PRAIRIE FIRE SEDGE1 GALMOD24" o.c.HELICTOTRICHON SEMPERVIRENSBLUE OAT GRASS1 GALLOW36" o.c.LEYMUS CONDENSATUS `CANYON PRINCE`NATIVE BLUE RYE1 GALLOW48" o.c.LOMANDRA HYSTRIX `TROPIC BELLE`TROPIC BELLE MAT RUSH1 GALLOW30" o.c.LOMANDRA LONGIFOLIA `LIME TUFF`LIME TUFF DWARF MAT RUSH1 GALLOW24" o.c.PERENNIALSBOTANICAL NAMECOMMON NAMESIZEWUCOLS IVSPACINGACHILLEA MILLEFOLIUM `TERRA COTTA`TERRA COTTA YARROW1 GALLOW24" o.c.DIETES VEGETAAFRICAN IRIS1 GALLOW36" o.c.ERIGERON KARVINSKIANUSFLEABANE1 GALLOW36" o.c.ERIOGONUM GRANDE RUBESCENSRED BUCKWHEAT1 GALLOW24" o.c.LIMONIUM PEREZIISTATICE1 GALLOW24" o.c.MIMULUS X `JELLY BEAN ORANGE`ORANGE MONKEYFLOWER1 GALLOW12" o.c.NANDINA DOMESTICA `LEMON LIME`LEMON LIME NANDINA1 GALLOW36" o.c.NEPETA X FAASSENII `SELECT BLUE`CATMINT1 GALLOW24" o.c.PENSTEMON H. `MARGARITA BOP`BEARD TONGUE1 GALLOW18" o.c.SALVIA MICROPHYLLA `BERZERKELEY`BERZERKELEY SAGE1 GALLOW36" o.c.SCAEVOLA AEMULA `MAUVE CLUSTERS`FAN FLOWER1 GALLOW36" o.c.VERBENA LILACINA `DE LA MINA`LILAC VERBENA1 GALLOW30" o.c.ZAUSCHNERIA C. `SCHIEFFLIN`S CHOICE`CALIFORNIA FUCHSIA1 GALLOW36" o.c.BIORETENTION BASIN PLANTINGBOTANICAL NAMECOMMON NAMESIZEWUCOLS IVSPACINGCAREX TUMULICOLABERKELEY SEDGE1 GALLOW24" o.c.CHONDROPETALUM TECTORUMCAPE RUSH5 GALLOW36" o.c.JUNCUS PATENSCALIFORNIA GRAY RUSH1 GALLOW18" o.c.LIPPIA NODIFLORAKURAPIAPLUGSLOW24" o.c.BIORETENTION BANK/UPLAND PLANTINGBOTANICAL NAMECOMMON NAMESIZEWUCOLS IVSPACINGARCTOSTAPHYLOS D. `HOWARD MCMINN`HOWARD MCMINN MANZANITA5 GALLOW60" o.c.BOUTELOUA GRACILIS `BLONDE AMBITION`BLUE GRAMA1 GALLOW18" o.c.DESCHAMPSIA CESPITOSATUFTED HAIR GRASS1 GALLOW24" o.c.ERIOGONUM LATIFOLIUMCOAST BUCKWHEAT1 GALLOW18" o.c.FESTUCA IDAHOENSIS `STONY CREEK`IDAHO FESCUE1 GALV. LOW24" o.c.MIMULUS AURANTIACUSSTICKY MONKEY FLOWER5 GALV. LOW36" o.c.MUHLENBERGIA RIGENSDEER GRASS5 GALLOW36" o.c.SALVIA SONOMENSISCREEPING SAGE1 GALLOW36" o.c.SEDUM X `AUTUMN JOY`AUTUMN JOY SEDUM1 GALLOW18" o.c.

ACER RUBRUM 'ARMSTRONG'DODONAEA V. 'PURPUREA'LAGERSTROEMIA X 'MUSKOGEE'LAGERSTROEMIA X 'NATCHEZ'LAGERSTROEMIA X 'TUSCARORA' PRUNUS C. 'BRIGHT 'N TIGHT'QUERCUS AGRIFOLIAULMUS PARVIFOLIA 'DRAKE'

LOPHOSTOMON CONFERTUS
RHAPHIOLEPIS I. 'MAJESTIC BEAUTY'
ACACIA C. 'COUSIN ITT'ACHILLEA M. 'TERRA COTTA'ARCTOSTAPHYLOS 'HOWARD MCMINN'BOUTELOUA G. 'BLONDE AMBITION'CEANOTHUS M. 'VALLEY VIOLET'CHONDROPETALUM TECTORUM

DESCHAMPSIA CESPITOSADIETES VEGATAERIGERON KARVINSKIANUSERIOGONUM GRANDE RUBESCENSGREVILLEA X 'NOELLII'HELICTOTRICHON SEMPERVIRENSLAVATERA MARITIMA LIMONIUM PEREZIIMIMULUS X 'JELLY BEAN ORANGE'PENSTEMON H. 'MARGARITA BOP'MUHLENBERGIA RIGENSPHORMIUM TENAX 'FIREBIRD'SALVIA LEUCANTHASCAEVOLA A. 'MAUVE CLUSTERS'VERBENA L. 'DE LA MINA' CALLISTEMON C. 'LITTLE JOHN'CARPENTERIA CALIFORNICA
JUNIPERUS C. 'SEA GREEN'
BOTANICAL NAMECOMMON NAMESIZEWUCOLS IVSPACINGACER RUBRUM `ARMSTRONG`ARMSTRONG RED MAPLE24"BOXMOD15' o.c. DODONAEA V. `PURPUREA` STANDARD HOPSEED BUSH15 GALLOW8' o.c. LAGERSTROEMIA X `MUSKOGEE`LAVENDER CRAPE MYRTLE24"BOXLOW15' o.c. LAGERSTROEMIA X `NATCHEZ`CRAPE MYRTLE24"BOXLOW15' o.c. LAGERSTROEMIA X `TUSCARORA`CRAPE MYRTLE CORAL PINK24"BOXLOW15' o.c. LAURUS NOBILIS `SARATOGA`SWEET BAY36"BOXLOW25' o.c. LOPHOSTEMON CONFERTUSBRISBANE BOX15 GALMOD25' o.c. PINUS CANARIENSISCANARY ISLAND PINE15 GALLOW25' o.c. PISTACIA CHINENSIS 'KEITH DAVEY'KEITH DAVEY CHINESE PISTACHE24"BOXLOW30' o.c. PRUNUS CAROLINIANA `BRIGHT `N TIGHT`STANDARD CAROLINA LAUREL15 GALLOW6' o.c. QUERCUS AGRIFOLIACOAST LIVE OAK24"BOXV. LOW35' o.c. RHAPHIOLEPIS INDICA `MAJESTIC BEAUTY`STANDARD INDIAN HAWTHORNE 15 GALLOW6' o.c. ULMUS PARVIFOLIA `DRAKE`DRAKE ELM24"BOXLOW35' o.c.

TREE PALETTE

LAURUS NOBILIS 'SARATOGA'

PINUS CANARIENSISPISTACIA CHINENSIS

Page 546 of 707 ends

CANYON
PARK
STUDIO
949.612.5191
canyonparkstudio.com
910 Dogwood Street /// Costa Mesa, CA 92627

May 31, 2023
The Pacific Companies
1355 California Circle - Milpitas, CA

L A N D S C A P E

A R C H I T E C T U R E
L.6

OVERALL PODIUM LANDSCAPE PLAN
32’0’
SCALE: 1/8” = 1’-0”
8’ 16’

FITNESS

CLUBROOM

CLUB TERRACE
- see enlargement, sheet L.8

ENTERTAINMENT TERRACE
- see enlargement, sheet L.7

Page 547 of 707 ends

CANYON
PARK
STUDIO
949.612.5191
canyonparkstudio.com
910 Dogwood Street /// Costa Mesa, CA 92627

May 31, 2023
The Pacific Companies
1355 California Circle - Milpitas, CA

L A N D S C A P E

A R C H I T E C T U R E
L.7

ENTERTAINMENT TERRACE ENLARGEMENT
16’0’
SCALE: 1/4” = 1’-0”
4’ 8’

APARTMENTS

APARTMENTS
KEYMAP

MOVEABLE GAME TABLE
- pool table, ping pong table, etc.

MULTI-TRUNK ARBUTUS TREE in
RAISED PLANTER, TYP . of (2) TWO

PEDESTAL PAVERS
- wood-look porcelain & concrete

FIRESIDE LOUNGE
- dual sided fireplace
- lounge seating
- tv

SEATING AREA
- moveable chairs
- potted plants

DINING PAVILION
- shade structure (24’x24’)
- barbecues
- sit-up bar
- food prep area
- TV

DINING AREA
- tables & chairs
- shade umbrellas

SHRUBS & GROUNDCOVER
in RAISED PLANTER, TYP .

GAME LOUNGE WITH BUILT-IN

BENCH SEATING

RAISED PLANTER WITH

ORNAMENTAL PLANTING

LARGE MULTI-TRUNK OLIVE TREE

ENTERTAINMENT TERRACE

Page 548 of 707 ends

CANYON
PARK
STUDIO
949.612.5191
canyonparkstudio.com
910 Dogwood Street /// Costa Mesa, CA 92627

May 31, 2023
The Pacific Companies
1355 California Circle - Milpitas, CA

L A N D S C A P E

A R C H I T E C T U R E
L.8

CLUB TERRACE ENLARGEMENT
16’0’
SCALE: 1/4” = 1’-0”
4’ 8’

MOUNTAIN
VIEWS

CLUB TERRACE

FITNESS

CLUBROOM
KEYMAP

FIRESIDE CHAT
- linear fire pit
- lounge furniture
POTTED PLANTS in DECORATIVE COBBLE

MOUNTAIN VEW LOUNGE
- lounge furniture with views
towards mountains
- shade umbrella

SEATING AREA
- moveable chairs
- potted plants

GRILLING

STATION

Page 549 of 707 ends

Calculation SummaryLabelAvgMaxMinAvg/MinMax/MinALLEY A1.175.360.139.0041.23ALLEY B1.225.010.167.6331.31ALLEY C1.265.620.149.0040.14CALIFORIA CIRCLE SIDEWALK 10.942.810.137.2321.62CALIFORNIA CIRCLE0.973.390.156.4722.60PARK LIGHTING1.408.240.197.3743.37PARKING LOT1.124.410.0618.6773.50PATHWAY A1.8817.510.1018.80175.10PATHWAY B1.378.570.1013.7085.70PATHWAY C1.249.020.0431.00225.50PATHWAY D1.327.650.0622.00127.50PATHWAY E1.318.640.0265.50432.00PATHWAY F0.811.170.671.211.75STREET A1.585.020.236.8721.83STREET B0.923.820.137.0829.38STREET C1.564.780.246.5019.92STREET D1.273.990.442.899.07 Luminaire Schedule LEDProject: 1355 CALIFORNIA CIRCLESymbolArrangementDescriptionNEW LIGHT-CALIFORNIA CIRLEOTEK 72W GCM1-60J-MV-40K-3R 8FT ARM 28" MHNEW BOLLARD LIGHTLUMEC VBR - 15L100NW-G1 - TYPE 3 AND TYPE 5 - SEE PLANSGARDCO - 111L-16L-350-WW-G3-4 18W WALL SCONCENEW POST TOP LIGHTSTERNBERG LIGHTING PT FIXTURE ML660 - TYPE 2, 3, AND TYPE 4 - SEE PLANSNEW WALL PACK

PHOTOMETRIC TITLE SHEET
N.T.S.PM-11
SCALE:PM:PG&E QUALIFIED DESIGNER:DRAWN BY:PROJ. NO:

SHEET:OF: CALIFORNIA
LAST UPDATED:DRAWING NO: REVISIONDELTA NO:DATE:P A R T N E R S7901 STONERIDGE DRIVE, Suite 200 | PLEASANTON, CA 94588Tel (925) 682-1114UTILITY ENGINEERS, CONSULTANTS & STREETLIGHT DESIGNVizion Utility 2S. WINGERDS. WINGERD22-293MILPITASCIVIL ENGINEERING ASSOCIATES 1355 CALIFORNIA CIRCLE 05-25-2023

DATE OF SIGNATURE-----

Page 550 of 707 ends

C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')
LEASING/COMM.MAIL

ELEC RMBOILER RM
S (9' X 18')S (9' X 18')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') C (7'-6" X 15')C (7'-6" X 15')
S (9' X 18')
C (7'-6" X 15')C (7'-6" X 15')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') S (9' X 18')S (9' X 18')S (9' X 18')

TERMINATIONRM
C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15') C (7'-6" X 15')C (7'-6" X 15')C (7'-6" X 15')
S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18')S (9' X 18') UP
C (7'-6" X 15')
ELEV.RM
OTISGEN24000 LB / 200 FPM5'-0" PIT13'-4" OVERRUN7'-9" CAB HEIGHT100' MAX. TRAVELNO PIT LADDER RECESS C (7'-6" X 15')
6 BIKESON RACKWALL MOUNTEDBENCH
UP
C (7'-6" X 15')
Illuminance (Fc)Average = 1.17Maximum = 5.36Minimum = 0.13Avg/Min Ratio = 9.00ALLEY AMax/Min Ratio = 41.23Illuminance (Fc)Average = 1.17Maximum = 5.36Minimum = 0.13Avg/Min Ratio = 9.00ALLEY AMax/Min Ratio = 41.23ALLEY BIlluminance (Fc)Average = 1.22Maximum = 5.01Minimum = 0.16Avg/Min Ratio = 7.63Max/Min Ratio = 31.31ALLEY BIlluminance (Fc)Average = 1.22Maximum = 5.01Minimum = 0.16Avg/Min Ratio = 7.63Max/Min Ratio = 31.31Illuminance (Fc)Average = 1.26Maximum = 5.62Minimum = 0.14Avg/Min Ratio = 9.00ALLEY CMax/Min Ratio = 40.14Illuminance (Fc)Average = 1.26Maximum = 5.62Minimum = 0.14Avg/Min Ratio = 9.00ALLEY CMax/Min Ratio = 40.14 Illuminance (Fc)Average = 0.94Maximum = 2.81Minimum = 0.13Avg/Min Ratio = 7.23Max/Min Ratio = 21.62CALIFORIA CIRCLE SIDEWALK 1Illuminance (Fc)Average = 0.94Maximum = 2.81Minimum = 0.13Avg/Min Ratio = 7.23Max/Min Ratio = 21.62CALIFORIA CIRCLE SIDEWALK 1 Average = 0.97Maximum = 3.39Minimum = 0.15Avg/Min Ratio = 6.47Max/Min Ratio = 22.60CALIFORNIA CIRCLEIlluminance (Fc)Average = 0.97Maximum = 3.39Minimum = 0.15Avg/Min Ratio = 6.47Max/Min Ratio = 22.60CALIFORNIA CIRCLEIlluminance (Fc) Average = 1.40Maximum = 8.24Minimum = 0.19Avg/Min Ratio = 7.37Max/Min Ratio = 43.37PARK LIGHTINGIlluminance (Fc)Average = 1.40Maximum = 8.24Minimum = 0.19Avg/Min Ratio = 7.37Max/Min Ratio = 43.37PARK LIGHTINGIlluminance (Fc) Illuminance (Fc)Average = 1.12PARKING LOTMaximum = 4.41Minimum = 0.06Avg/Min Ratio = 18.67Max/Min Ratio = 73.50Illuminance (Fc)Average = 1.12PARKING LOTMaximum = 4.41Minimum = 0.06Avg/Min Ratio = 18.67Max/Min Ratio = 73.50 PATHWAY AIlluminance (Fc)Average = 1.88Maximum = 17.51Minimum = 0.10Avg/Min Ratio = 18.80Max/Min Ratio = 175.10PATHWAY AIlluminance (Fc)Average = 1.88Maximum = 17.51Minimum = 0.10Avg/Min Ratio = 18.80Max/Min Ratio = 175.10Average = 1.37Maximum = 8.57Minimum = 0.10Avg/Min Ratio = 13.70Max/Min Ratio = 85.70PATHWAY BIlluminance (Fc)Average = 1.37Maximum = 8.57Minimum = 0.10Avg/Min Ratio = 13.70Max/Min Ratio = 85.70PATHWAY BIlluminance (Fc) PATHWAY CIlluminance (Fc)Average = 1.24Maximum = 9.02Minimum = 0.04Avg/Min Ratio = 31.00Max/Min Ratio = 225.50PATHWAY CIlluminance (Fc)Average = 1.24Maximum = 9.02Minimum = 0.04Avg/Min Ratio = 31.00Max/Min Ratio = 225.50PATHWAY DIlluminance (Fc)Average = 1.32Maximum = 7.65Minimum = 0.06Avg/Min Ratio = 22.00Max/Min Ratio = 127.50PATHWAY DIlluminance (Fc)Average = 1.32Maximum = 7.65Minimum = 0.06Avg/Min Ratio = 22.00Max/Min Ratio = 127.50 PATHWAY EIlluminance (Fc)Average = 1.31Maximum = 8.64Minimum = 0.02Avg/Min Ratio = 65.50Max/Min Ratio = 432.00PATHWAY EIlluminance (Fc)Average = 1.31Maximum = 8.64Minimum = 0.02Avg/Min Ratio = 65.50Max/Min Ratio = 432.00 PATHWAY FIlluminance (Fc)Average = 0.81Maximum = 1.17Minimum = 0.67Avg/Min Ratio = 1.21Max/Min Ratio = 1.75PATHWAY FIlluminance (Fc)Average = 0.81Maximum = 1.17Minimum = 0.67Avg/Min Ratio = 1.21Max/Min Ratio = 1.75 STREET AIlluminance (Fc)Average = 1.58Maximum = 5.02Minimum = 0.23Avg/Min Ratio = 6.87Max/Min Ratio = 21.83STREET AIlluminance (Fc)Average = 1.58Maximum = 5.02Minimum = 0.23Avg/Min Ratio = 6.87Max/Min Ratio = 21.83 STREET BIlluminance (Fc)Average = 0.92Maximum = 3.82Minimum = 0.13Avg/Min Ratio = 7.08Max/Min Ratio = 29.38STREET BIlluminance (Fc)Average = 0.92Maximum = 3.82Minimum = 0.13Avg/Min Ratio = 7.08Max/Min Ratio = 29.38 STREET CIlluminance (Fc)Average = 1.56Maximum = 4.78Minimum = 0.24Avg/Min Ratio = 6.50Max/Min Ratio = 19.92STREET CIlluminance (Fc)Average = 1.56Maximum = 4.78Minimum = 0.24Avg/Min Ratio = 6.50Max/Min Ratio = 19.92 STREET DIlluminance (Fc)Average = 1.27Maximum = 3.99Minimum = 0.44Avg/Min Ratio = 2.89Max/Min Ratio = 9.07STREET DIlluminance (Fc)Average = 1.27Maximum = 3.99Minimum = 0.44Avg/Min Ratio = 2.89Max/Min Ratio = 9.07

WALL PACK

WALL PACK
TYPE 3 BOLLARD
TYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARD TYPE 3 BOLLARD
TYPE 3 POST TOPTYPE 3 POST TOPTYPE 4 POST TOP
TYPE 3 BOLLARDTYPE 3 BOLLARD
TYPE 3 BOLLARD
TYPE 3 BOLLARD
TYPE 3 BOLLARDTYPE 3 BOLLARD
TYPE 3 BOLLARDTYPE 3 BOLLARD
TYPE 3 BOLLARD
TYPE 4 POST TOP
TYPE 3 BOLLARDTYPE 3 BOLLARD
TYPE 3 BOLLARD
TYPE 3 BOLLARD
TYPE 3 POST TOPTYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 5 BOLLARD
TYPE 5 BOLLARD
TYPE 5 BOLLARD
TYPE 5 BOLLARD
TYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARD

WALL PACK

WALL PACK
WALL PACKTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 4 POST TOP TYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 3 POST TOPTYPE 3 POST TOPTYPE 3 POST TOPTYPE 3 POST TOP TYPE 2 POST TOP
TYPE 2 POST TOPTYPE 2 POST TOP
TYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARD TYPE 3 POST TOPTYPE 3 POST TOPTYPE 3 POST TOP
TYPE 4 POST TOPTYPE 3 POST TOPTYPE 3 POST TOPTYPE 3 POST TOP TYPE 4 POST TOPTYPE 3 POST TOP
TYPE 3 BOLLARDTYPE 3 BOLLARD
TYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARD TYPE 3 BOLLARD
TYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 3 BOLLARDTYPE 5 BOLLARD TYPE 5 BOLLARD
TYPE 5 BOLLARD
TYPE 5 BOLLARD

WALL PACK

WALL PACKWALL PACKWALL PACK

WALL PACKWALL PACKWALL PACK
105w COBRAHEAD 8FT ARM105w COBRAHEAD 8FT ARM

WALL PACKWALL PACKWALL PACK
TYPE 2 POST TOP
72W NEW COBRAHEAD 8FT ARM72W NEW COBRAHEAD 8FT ARM72W NEW COBRAHEAD 8FT ARM TYPE 3 BOLLARD
TYPE 3 BOLLARD
TYPE 3 BOLLARDTYPE 3 BOLLARD
TYPE 3 BOLLARD
TYPE 3 BOLLARDTYPE 5 BOLLARD
TYPE 5 BOLLARD
TYPE 4 POST TOP
TYPE 4 POST TOP
TYPE 4 POST TOP
TYPE 3 POST TOPWALL PACKTYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARDTYPE 5 BOLLARD TYPE 5 BOLLARD
TYPE 5 BOLLARDTYPE 5 BOLLARD
TYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 3 POST TOP
TYPE 3 POST TOP

0.842.995.360.771.682.241.260.620.360.360.491.16

0.450.670.780.740.740.810.860.971.302.232.461.300.660.390.34

0.130.250.280.410.841.842.511.551.070.941.091.241.090.890.71

0.430.651.312.602.341.171.15

1.954.730.651.652.931.780.740.290.250.270.63

0.450.750.940.880.740.670.690.801.182.363.321.580.680.340.24

0.160.290.380.460.731.291.901.491.191.111.251.250.980.730.57

5.012.390.950.550.671.121.811.931.074.641.51

0.732.675.620.721.652.441.400.660.350.330.431.053.694.38

0.440.680.820.780.750.770.810.931.292.272.571.320.650.360.26

0.140.250.300.430.811.692.381.551.100.971.091.211.040.830.60

1.950.690.430.641.242.332.201.041.17

2.062.810.891.070.481.050.461.360.621.760.691.710.651.600.511.370.360.970.270.700.200.500.130.370.970.840.780.760.840.92

1.100.950.900.830.810.82

1.091.070.980.880.810.76

1.351.361.140.910.730.66

1.971.931.441.030.730.61

2.932.761.931.210.790.62

3.303.182.201.330.850.67

3.253.172.211.350.880.70

2.672.651.941.300.910.76

1.731.871.521.160.920.84

1.181.351.241.050.900.87

0.861.011.020.900.830.87

0.660.830.880.830.871.031.12

0.730.820.840.991.261.48

0.680.800.911.241.631.83

0.640.780.981.481.791.76

0.600.750.961.511.791.72

0.530.700.831.211.591.76

0.470.620.690.901.161.42

0.410.550.610.670.810.97

0.380.520.560.560.630.71

0.350.480.550.560.580.59

0.320.440.520.570.590.59

0.300.400.480.520.530.51

0.290.380.420.440.450.420.34

0.320.400.430.430.400.380.30

0.510.540.490.410.360.30

0.760.770.630.480.380.33

1.191.170.880.610.430.38

1.901.801.270.830.550.45

2.892.701.831.070.660.53

3.273.132.101.210.730.58

3.173.112.121.220.740.55

2.582.531.761.090.660.49

1.631.681.270.840.550.43

1.061.100.920.660.470.390.30

0.720.680.550.420.370.29

0.540.540.480.410.370.28

0.470.480.450.410.360.28

0.440.470.450.410.370.29

0.460.490.470.420.380.31

0.530.570.540.460.380.34

0.710.770.690.540.410.38

1.051.170.960.690.490.43

1.611.801.410.960.630.49

2.442.742.081.290.790.55

3.352.521.500.880.58

3.392.611.570.900.570.42

3.002.261.400.820.510.40

2.551.731.070.660.430.37

1.621.170.790.520.370.33

0.930.750.570.420.320.28

0.680.500.420.330.270.24

0.610.390.310.260.230.19

0.320.300.270.240.210.180.15

0.561.551.011.210.840.510.211.920.198.24

1.432.160.89

0.210.52

1.573.690.79

0.220.560.70

1.112.030.66

0.261.131.690.69

2.38 1.293.800.740.27

1.25 0.823.060.67

0.19 0.260.651.321.15

2.440.25

1.411.570.62

0.430.251.092.502.55

4.630.691.252.261.17

2.302.702.041.890.684.900.270.57

0.762.950.220.510.54 4.412.250.380.480.700.920.921.311.501.500.710.651.202.653.13

0.060.080.100.170.180.150.170.270.260.350.702.002.252.41

0.090.070.080.070.070.070.070.080.100.160.330.801.673.103.313.27

0.230.440.530.420.280.190.110.110.150.120.160.240.601.122.782.532.31

0.611.153.222.621.600.550.250.350.650.920.710.660.801.220.970.890.99

1.651.651.890.920.410.741.413.784.121.971.582.683.461.130.87

0.3612.280.175.860.275.350.100.161.760.310.770.110.573.890.12

1.082.040.470.250.630.148.150.230.148.860.150.120.251.120.830.72

4.700.250.101.620.640.200.100.142.070.251.55

0.400.1617.510.342.00

0.994.410.185.700.118.570.150.102.060.320.640.577.220.172.420.14

3.821.361.520.400.520.210.670.980.101.230.490.140.180.741.760.60

0.150.791.950.971.250.350.150.141.330.500.550.154.910.491.04

0.040.280.110.100.074.570.239.020.421.850.500.410.290.100.10

0.050.080.120.210.430.394.640.238.640.441.900.570.380.180.130.16

0.050.090.120.200.470.407.810.660.730.390.400.240.640.170.150.09

1.160.561.750.412.751.070.903.460.250.670.120.170.08

0.181.390.255.360.492.300.620.327.270.231.280.190.240.290.860.305.770.508.630.500.57

0.180.310.247.650.080.150.490.390.410.040.450.062.200.080.270.154.460.070.071.090.770.180.160.197.320.330.780.566.17

0.130.420.508.640.090.020.030.040.040.070.120.470.730.308.610.030.040.070.160.571.042.330.650.340.420.276.880.460.680.640.640.910.780.435.170.510.360.130.271.810.177.580.73

0.670.760.680.780.801.17

0.430.471.042.094.41

1.401.691.792.261.801.63

4.521.972.303.263.211.500.81

3.001.630.451.610.950.530.740.250.950.352.560.692.771.432.462.275.021.311.692.76

0.230.500.770.991.04

0.750.560.610.891.10

1.571.080.671.132.66

3.182.040.641.203.452.130.580.991.780.831.500.862.740.722.640.790.390.592.351.81

2.050.820.531.081.31

4.520.940.601.101.67

3.461.130.661.343.720.950.871.292.861.021.281.111.062.781.320.624.011.671.042.012.391.432.750.891.270.260.470.59

0.350.240.16

0.921.521.461.151.51

1.011.341.611.431.582.692.561.040.330.130.45

0.480.570.661.151.442.201.921.310.560.310.631.472.671.760.690.210.331.260.670.170.350.770.930.160.170.19

0.18 3.822.640.940.420.510.740.890.800.490.220.431.072.222.070.920.380.431.021.862.030.490.220.25

1.301.150.710.520.490.540.450.280.190.350.610.810.800.590.330.410.651.111.320.930.610.400.470.50

0.992.682.141.770.730.580.760.580.490.530.530.480.340.270.240.290.450.530.670.741.011.281.06

2.981.000.780.941.301.000.820.420.370.550.801.591.491.65

0.860.77

0.741.181.500.801.611.461.300.710.600.730.770.770.370.250.26

2.351.680.313.221.700.320.363.041.550.500.701.260.780.710.870.860.590.791.221.010.480.462.142.170.540.582.832.190.410.833.22

2.382.100.331.034.65

1.250.900.561.192.32

1.031.011.041.501.542.522.992.284.373.792.092.432.593.572.151.581.752.851.251.552.231.441.582.152.711.703.752.551.452.69

0.372.492.320.961.04

0.721.290.850.730.75

0.890.750.460.531.35

0.740.830.500.761.471.73

1.390.790.751.571.15

3.421.210.544.170.870.241.950.631.040.840.551.180.730.542.271.280.524.781.260.403.491.300.571.691.491.421.391.954.231.891.481.753.684.371.500.901.104.541.060.531.371.991.220.841.541.421.392.241.911.491.714.152.852.561.261.953.461.980.710.552.601.690.611.281.211.280.651.001.483.100.991.461.923.591.052.272.551.96

0.590.570.470.831.83

1.421.431.361.161.402.281.811.000.650.510.440.46

1.301.381.480.900.760.780.850.971.181.341.010.831.072.282.811.76

0.802.223.991.940.900.720.871.021.480.461.55
Calculation SummaryLabelAvgMaxMinAvg/MinMax/MinALLEY A1.175.360.139.0041.23ALLEY B1.225.010.167.6331.31ALLEY C1.265.620.149.0040.14CALIFORIA CIRCLE SIDEWALK 10.942.810.137.2321.62CALIFORNIA CIRCLE0.973.390.156.4722.60PARK LIGHTING1.408.240.197.3743.37PARKING LOT1.124.410.0618.6773.50PATHWAY A1.8817.510.1018.80175.10PATHWAY B1.378.570.1013.7085.70PATHWAY C1.249.020.0431.00225.50PATHWAY D1.327.650.0622.00127.50PATHWAY E1.318.640.0265.50432.00PATHWAY F0.811.170.671.211.75STREET A1.585.020.236.8721.83STREET B0.923.820.137.0829.38STREET C1.564.780.246.5019.92STREET D1.273.990.442.899.07 Luminaire Schedule LEDProject: 1355 CALIFORNIA CIRCLESymbolArrangementDescriptionNEW LIGHT-CALIFORNIA CIRLEOTEK 72W GCM1-60J-MV-40K-3R 8FT ARM 28" MHNEW BOLLARD LIGHTLUMEC VBR - 15L100NW-G1 - TYPE 3 AND TYPE 5 - SEE PLANSGARDCO - 111L-16L-350-WW-G3-4 18W WALL SCONCENEW POST TOP LIGHTSTERNBERG LIGHTING PT FIXTURE ML660 - TYPE 2, 3, AND TYPE 4 - SEE PLANSNEW WALL PACK

PHOTOMETRIC PLAN
1" = 30'PM-22
NSCALE:PM:PG&E QUALIFIED DESIGNER:DRAWN BY:PROJ. NO:

DATE OF SIGNATURE-----

Page 551 of 707 ends

DETAIL A
VESTING TENTATIVE MAPPREPARED FOR:

CALIFORNIAMILPITAS CivilEngineeringAssociates• •Pleasanton, California 94588Phone 925/249-3200 Fax 925/485-02914511 Willow Road, Suite 8

MAP REFERENCES
NOTES
’
1355 CALIFORNIA CIRCLE
TM1

VESTING TENTATIVETRACT MAP

LEGENDABBREVIATIONS
Cadillac Ct

VICINITY MAP
SITE880
Dixon Landing Rd
Penitencia CreekCalifornia Cir
Coyote CreekMcCarthy BlvdMilmont Dr

Page 552 of 707 ends

TYPICAL PRIVATE STREET

CALIFORNIA CIRCLE
VESTING TENTATIVE MAPPREPARED FOR:

CALIFORNIAMILPITAS CivilEngineeringAssociates• •Pleasanton, California 94588Phone 925/249-3200 Fax 925/485-02914511 Willow Road, Suite 8 1355 CALIFORNIA CIRCLE
TM2

VESTING TENTATIVETRACT MAP
LEGEND

ABBREVIATIONS

Page 553 of 707 ends

General Plan Narrative

The General Plan is not static, but rather a dynamic and multifaceted document that defines and addresses the changing needs of the City. It is based on an on-going review and understanding of existing and projected community needs. Those needs often change after adoption of the General Plan. City Council has discretion in amending the General Plan. The Council has the task of interpreting the plan and consider the balancing the needs of the community with the various goals and land use policies included in the General Plan.

The current General Plan land use designation for the project site is Neighborhood Commercial Mixed Use (NCMU), which allows 1 unit per 1,500 square feet of new or rehabilitated neighborhood serving retail or commercial services. Pulte is requesting an amendment to the NCMU definition which would remove the commercial square footage to housing unit ratio.

This requirement is challenging to meet and inconsistent with surrounding developments.

The Zoning code is the primary means of implementing the General Plan through detailed regulations, such as specific types of uses. Zoning implements the General Plan with greater specificity as to what the details of development. The current zoning for the site is Industrial Park (MP). We are requesting a zone change to MXD which would allow for a fully residential project. The project is consistent with the Zoning Ordinance. The proposed is on a 6.69 acre site with 206 units for a project density of 30.75 units to the acre which would be permitted.

The General Plan designations of the adjacent properties are NCMU and across the street are HDR and NCMU. The proposed General Plan text amendment for NCMU, in application, would then be a matter of extending a similar density westward and would result in project consistent with those across from two existing developments.

Developments may be approved if proposals are found to be consistent with policies and programs of the General Plan and compatible with the surrounding neighborhood. With the proposed General Plan amendment, the project is in conformance with the following applicable policies and standards in the City’s General Plan, as outlined below on the following page.

Table 1: General Plan Consistency

Page 554 of 707 ends

Guiding Principal/Policy Conformance

LU 1-4 Continue to provide for a variety of
housing types and densities that meet the
needs of individuals and families and offers
residents of all income levels, age groups and
special needs sufficient housing opportunities
and choices for locating in Milpitas.

The project includes both single family for
sale homes and rental units to meet the needs
of families and individuals. The project also
provides neighborhood diversity in housing
type and cost.

LU 4-4 Encourage new development to
facilitate pedestrian, bicycle and transit
access through techniques such as minimizing
building separation from public sidewalks;
providing safe, direct, accessible, convenient,
and pleasant pedestrian connections;
including secure and convenient bike storage;
and orienting building entrances to transit
service.

The project contains numerous paseos which
pedestrian only paths. These paseos provide
unique opportunities to create unique
accessible public spaces.

LU 5-1 Require new development and
redevelopment to be compatible,
complementary and, where appropriate, well
integrated with existing residential areas.

Integrate new large-scale development
projects into the fabric of the existing
community rather than allowing projects to be
insular and self-contained, walled off, or
physically divided from surrounding uses.

Improve connectivity between neighborhoods
and services with new development. Tie
circulation systems and open spaces into
existing streets and open spaces. Reduce
unnecessary barriers and improve connections
between neighborhoods and services by
retrofitting existing development over time as
area improvements or redevelopment occurs.

The proposed project is redevelopment
project located on a site with a vacant
industrial building and directly across from
existing residential. The proposed project
also provides a pedestrian connectivity to the
existing KB/Istar development and to the trail
along Lower Penitencia Creek.

CD 3-6 Encourage the rehabilitation of older
residential neighborhoods, districts and
centers to prevent blight and maintain the
City’s character.

The proposed project proposes to beautify a
blighted industrial building by building a new
development of homes of high quality design
and craftsmanship.

Page 555 of 707 ends

AFFORDABLE HOUSING NARRATIVE
1355 California Circle
The proposed development is comprised of 35 townhouse units, 96 stacked condo units (for a total of 131 units planned to be oﬀered for sale) and 75 apartment units (planned to be oﬀered as rental units). The total number of units is 206 at he project site.

The applicant is proposing to satisfy the City’s aﬀordable housing ordinance by providing 31 of the apartment units at the low income rental level, and additionally providing the remaining 44 apartment units at the moderate income level. By providing 75 units rental units at below market rate levels, the applicant is establishing a 36.4% “BMR” contribution for this site.

The low income/moderate income units will be provided on a pro rata basis as they exist on the site (ie. 16 Studio units would be 7 at low income and 9 at moderate…. 40 (1) bdrm units would be 16 at low income and 24 at moderate…. 19 (2) bdrm units would be 8 at low income and 11 at moderate).

Under the Aﬀordable Housing Ordinance, the developer would typically be required to provide 15% of each unit type as aﬀordable. This would result in 5 townhomes, 15 condominiums and 11 apartment units (for a total of 31 units) as deed restricted aﬀordable. We propose that our request to deviate from this standard is warranted and of great beneﬁt to the City of Milpitas for the following reasons:

1. The City gets 75 deed restricted units vs. only 31 that would be typically required. This should help alleviate the requirement the City faces in meeting its RHNA obligation.

2.The total number of bedrooms under our proposal, that would be available for low or moderate rental rates, would total 94 bedrooms. Under the standard ordinance there would only total 74 bedrooms.

3.The total square footage of living space under the standard ordinance that would be required would be approximately 41,548 square feet. We are providing approximately 45,661 square feet (roughly 10% more).

4.Pulte Group’s commitment in working with MUSD to provide housing opportunities for their employees.

Page 556 of 707 ends

PULTE HOMES - 1355 California Circle
Density Bonus Waiver and Concessions
(Narrative and Justiﬁcation)
Our development proposal includes 35 townhomes (3 story), 96 condos (4 story) and 75 apartments (6 story) for a total of 206 residential units. The townhomes and condos will be for sale while the apartments will be rental. The apartments will be deed restricted at both low income level and moderate income level. The City will be able to claim all 75 units (36.4% of the total number of units against their RHNA obligation.

The developer is entitled to both a waiver and concessions under Density Bonus Law, and hereby requests the following:

1. Density. Under the NCMU General Plan, density is set at 21 - 30 DU’s per acre. We are currently proposing 30.7 DU’s per acre and we request the ability to do so. If we were forced to comply staying at 30 units per acre, we would be forced to remove 5 or 6 apartment units which would remove BMR units from our mix

2. Apartment Bldg. Front Setback. The required setback from California Circle, back of sidewalk, is between 8’ at a minimum to 15’ at a maximum. We are currently showing a 18.8’ setback to the main body of the building. Our justiﬁcation for doing so is to create a better streetscape along our project frontage as well as to incorporate ADA accessible ramps leading to our leasing oﬃce.

3. Parking. We believe that we comply under the State Density Bonus guidelines. 52.4 guest parking spaces are required and we are providing 46 guest spaces. Our justiﬁcation is that in moving the main entrance to the condo/townhome portion, and creating a more optimal trash pick up area for the apartment building, we were forced to drop the additional 6 spaces of parking.

4. The dispersal of compact spaces throughout the project we believe should satisfy City staﬀ, but we remain available to take their suggestions into account during the improvement plan stage.

5. We are seeking a waiver with regard to building height. It is our understanding that under the General Plan and Zoning assumed for our project, 45’ in height and 3 stories are allowed by right. As mentioned earlier we have 3 story, 4 story and 6 story product with corresponding heights of 51’, 59’6” and 79’. It is essential in achieving the density we seek, and the large open space element that we have included in being able to build to these levels. The highest structure (apartment building) is not ﬁnancially feasible to build with less units or at a lower height, nor would it be as great a beneﬁt to the City with drastically fewer units at a low or moderate income rental rate.

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To: Lillian Van Hua
From: Jim Sullivan
RE: Conditions of Approval (1355 California Circle)
Regarding next week’s City Council hearing, we would like to bring our following concerns to your attention.
#34 - This condition discusses the trigger time for when the “Fair Share Payment” will be required for negotiation. This condition requires it occur prior to any Improvement Plan submittal. A later condition (#49e), requires it prior to issuance of Building Permit.

Our preference is to strike #34 and leave in #49e.
#46 and #48 - These conditions discuss providing calculations for sewer and water. We maintain that the EIR has already ascertained that there exists capacity based on the sewer and water needs for this proposed development.

We ask that these conditions be deleted.
#49h and #49i - These conditions are identical. One condition should be deleted. #49j - This condition requires the applicant to perform base repair on an existing public street that we feel is in very good shape. While we don’t have an issue with micro surfacing and restriping, we do feel that it should be limited to the frontage of our project up to the centerline of the existing street (1/2 street vs. full street).

We ask for the deletion of base repair, and changing full street to half street. #62 - This condition requires us to show storage area layout for 96 gallon carts. We plan on limiting cart size to 64 carts (which is what we have shown on our plans), and enforcing that limitation within the CC&R’s.

We ask that the second sentence of this condition be deleted. #65 - This condition requires us to obtain CLOMR-F from FEMA. You state that lack of documentation will not preclude occupancy release, but we feel that the condition is misleading in requiring us to perform a task that cannot occur.

We request that the second sentence be amended to “Permittee shall obtain a CLOMR, if possible, from FEMA for the development”
#75 - Same as condition #65, except this deals with the LOMR.

Condition should be modiﬁed to read “Permittee shall submit the FEMA approved LOMR, if possible, ……”
Thank you for your attention to these items. Please let me know if you wish to discuss in further detail, or if I should talk with any other departments directly.

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive a Presentation and Provide Direction to Staff on Community Outreach for Potential Revenue Measures for the November 2024 Election (Staff Contact:

Matt Cano, Deputy City Manager, (408-586-3012); and Lauren Lai, Finance Director, 408-586-3111)
Category: Leadership and Support Services
Meeting Date: 11/7/2023
Recommendation: Proceed with community outreach surveys for a potential Public Safety Infrastructure General Obligation Bond Measure, Storm Drain Fee, Measure F Sales Tax Measure extension and/or Business Tax Modernization Measure.

BACKGROUND:

As outlined in the City’s Adopted Fiscal Year 2023 – 2024 Budget and Financial Plan, as well as the City’s 2024 – 2028 Capital Improvement Program, the City (1) is projecting an annual operating budget deficit starting in Fiscal Year 2027 – 2028 and (2) continues to lack the sufficient capital resources to fully maintain its infrastructure portfolio. A significant gap is growing between projected revenues and service level/infrastructure needs.

General Fund Challenges
Measure F was approved by the voters of Milpitas in November 2020. It consists of an eight-year 0.25% sales tax increment that is projected to generate approximately $7.0 million in Fiscal Year 2023-2024 to fund essential City services. The Measure sunsets in 2029 and must be re-approved by a Citywide ballot measure for it to continue. On June 6, 2023, the City Council adopted the 2023-2024 Budget and Financial Plan (Plan).

The table below shows the Fiscal Year 2024-2034 Ten-Year General Fund Financial Forecast as presented with Plan adoption. Over the ten years of the Forecast, based on information available in March 2023, staff projected annual surplus and deficits between $1.4 million and -$21.0 million. This is exacerbated with the sunsetting of Measure F effective April 1, 2029. To prevent service reductions, the City continues to focus on economic development, cost management and service delivery innovations.

Forecast
FY 23-24
Adopted
FY 24-
25 FY 25-
26 FY 26-
27 FY 27-
28 FY 28-
29 FY 29-
30 FY 30-
31 FY 31-
32 FY 32-
33 Revenue & Other
Sources
$129.5 $132.6 $138.9 $143.4 $148.1 $151.2 $150.3 $155.4 $158.0 $164.0 Expenditures (129.5) (132.6) (137.5) (143.4) (149.3) (157.1) (163.6) (170.5) (176.4) (184.0) Annual
Surplus/(Deficit)
$0.0 $0.0 $1.4 $0.0 ($1.2) ($5.9) ($13.3) ($15.1) ($18.3) ($21.0) Priority General Fund Needs
As can be seen in the chart above, the annual projected deficits to meet essential City services dramatically increase beginning in Fiscal Year 2029-2030 after the April 2029 sunset of Measure F. Over the next several years, as build-out of the Milpitas Metro Specific Plan area continues, the City will face increased service demands due to a growing population and likely need to increase staffing in key direct and indirect service

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areas. To ensure these needs can be adequately addressed, it is critical to establish long-term sustainable funding sources.

Capital Fund Challenges
On April 18, 2023, the City Council adopted the 2024-2028 Capital Improvement Program (CIP). As part of the CIP, staff identified $486 million of total unfunded infrastructure needs through work recently completed in the master plans for storm, sanitary, sewer and parks systems, as well as facility assessment work. Of this amount, $266 million was for the replacement of existing aging infrastructure and the remaining was for new amenities.

It is expected that roughly half of the infrastructure replacement needs will be funded through future sewer and water rate increases, leaving an approximately $140 million backlog of unfunded infrastructure replacement needs. However, the number in the CIP did not include the $190 million estimated to replace the existing building that houses the City’s Police Station as well as the Departments of Public Works and Information Technology. With replacement of this building included in the City’s future capital funding program, the total unfunded infrastructure replacement backlog increases to approximately $330 million.

Priority Capital Fund Needs
The City of Milpitas provides a variety of services to our residents with a wide variety of capital assets. Major categories of assets include: facilities for storm water management, sanitary sewer, water, buildings, transportation facilities and parks. Key areas that could be the focus of a potential bond measure would be the construction of a new Police and Information Technology Department building, renovation of the Public Works Department building, replacement of Fire Station No. 3 and other capital infrastructure needs such as park or street rehabilitation. These key priority project needs are discussed further below:
•Police Station, Public Works, Information Technology Building: In 2020, the City finalized an assessment of the Police Department and Public Works/IT Building (Building). Constructed in 1992, the building is located at 1265 and 1275 North Milpitas Boulevard. The Building has a number of challenges including failing mechanical systems, inadequate interior and exterior space for personnel, limited storage to meet current operations and structure issues that have impacted the alignment of the doors and windows throughout the Building. The City has considered multiple options to renovate or replace the Building, with the most viable option being relocating the Police and IT Departments to a new building in a different location and renovating the existing building to more adequately support the full Department of Public Works. The cost estimate (in 2020 dollars) for this alternative was $190 million, inclusive of land acquisition. A new police building would address several safety and efficiency needs such as, centralizing all large evidence and specialized equipment on-site, provide adequate storage and use space for personnel, allow for future expansion of patrol and dispatch services, and create space for a real-time monitoring center allowing officers to better respond to and reduce crime.

Additionally, a new building would meet current seismic provisions thus decreasing the possibility of a disruption to essential public safety and emergency services. •Fire Station No. 3: Constructed in 1968 with seismic upgrades completed in 1998, Fire Station No. 3 is located at 45 Midwick Drive and has reached the end of its service life. The aging structure no longer meets Fire Department service standards of day-to-day operational needs and the current Building and Fire Codes for an "Essential Services Buildings," which puts a strain on staff resources and budget for basic maintenance. Operational enhancements that would be realized with a new Fire Station include reduced response times resulting from new apparatus exit door technology, upgraded call-alert communications technology, expanded living quarters that could accommodate a future staffed ambulance crew, compliance with modern decontamination and infection control standards, additional apparatus storage, and private sleeping arrangements for male and female staff. The building mechanical systems and infrastructure are aging and require complete replacement. Living quarters are outdated and dormitories do not provide Fire personnel with the required privacy. The new fire station would be designed to provide additional Fire Apparatus, sustainable elements, gender equality/privacy,

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operational efficiencies to improve response times and meet current Building and Fire Codes for "Essential Services Buildings". The project budget is estimated between $15 million to $20 million to construct a new fire station at the same location.
•Parks: In 2021, the City of Milpitas adopted the Parks & Recreation Master Plan Update. The Master Plan identified potential policy changes and upgrades and/or enhancement projects that could gradually be implemented over time to improve the public park and recreation system. The Master Plan recommended enhancements to projects at the City’s 37 public parks that were recommended to be implemented over a 20-year period, focusing on recommendations that could enhance parks and recreation opportunities for Milpitas residents and visitors based on public input and comments received during the community outreach process. In total, the Master Plan identified $8 million in short term repair needs and $75 million in long term improvement needs. While the City has invested $4.4 million of American Rescue Plan Act funding, this funding was spread amongst several different parks and focused on the most urgent health and safety improvements. Additional funding from a General Obligation Bond measure would allow the City to perform larger renovations on specific parks such as, but not limited to, Sinnott and Sandalwood Parks.
•Transportation: Every two years the City of Milpitas works with an outside consulting firm to generate the “Pavement Management System Update” report. This report analyzes the condition of the pavement on the roughly 130 miles of city-managed streets within the City of Milpitas. The last report was completed in April 2022 and the latest report is underway and will be completed by early 2024.

The April 2022 report concluded that the City had an overall pavement condition index (PCI) score of

70. Any PCI score of 70 or above is considered “good”, while any score between 50 and 70 is considered “at risk”. The report included an option to increase the City’s PCI score to 75 by the end of 2026. For this to occur, the City would be required to allocate an average of approximately $6.2 million annually towards pavement maintenance as opposed to the current programmed annual budget of approximately $4 million. Additional one-time funding from a General Obligation Bond measure would allow the City to improve the average PCI score of the street network and decrease the maintenance backlog.

Priority Storm Infrastructure Needs
In addition to the infrastructure needs listed above, the City must identify a sustainable funding source for the Storm Drain System Network (System). On October 3, 2023, staff presented a report to the City Council which included options for sustainably funding the System based on four additive operational and capital needs scenarios. The City owns and maintains an extensive storm drain network, consisting of over 100 miles of pipelines ranging from 12-inches to 36-inches, approximately 1,400 manholes, 260 trash capture devices and 3,500 storm drain inlets. The System collects surface stormwater runoff via surface inlets and conveys the water through below grade pipelines to 13 pump stations which pump the runoff into local creeks and ultimately to the lower San Francisco Bay.

The System is now over 60 years old with some of the infrastructure exceeding its predicted useful life, most notably the pump stations. This network of inlets, pipes and pump stations are critical infrastructure which protect our community during storm events and prevents flooding of our streets and neighborhoods. An essential element of responsibly operating the System is short-term and long-term asset management and planning, which includes on-going maintenance and systematic replacement of infrastructure. Currently, there is no sustainable funding source for this System. The October 3, 2023, staff report included the below table which shows various scenarios that were evaluated, the corresponding annualized revenue needs and the estimated fee for a typical single-family dwelling.

On October 3, 2023, staff indicated that we would return to the Mayor and City Council with a request to perform community opinion polling on a potential ballot measure for the storm drain system as part of this November 7, 2023 revenue measure agenda report.

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Scenario
Estimated Annual
Need
FY 2024/2025
Estimated Annual
per Parcel Fee
FY 2024/2025
Estimated Monthly
Per Parcel Fee
FY 2024/2025

1. Status Quo $1 million $27.20 $2.27

2. Proactive O&M + MRP
Compliance * $3 million $75.70 $6.31

3. Proactive O&M + MRP
Compliance + High
Priority CIP Only
$5.1 million $127.30 $10.61

4. Proactive O&M + MRP
Compliance + All Plan
Recommended CIP
$5.9 million $147.10 $12.26
*MRP = Municipal Regional Stormwater Permit & O&M = Operations and Maintenance ANALYSIS:

While the City can, and will, continue to seek State and Federal funding assistance through the earmark process and/or grants, these funding sources do not typically fully fund the replacement/repair of local facilities such as Police, Public Works and Fire Stations. Therefore, the majority of the funding to replace these facilities must be drawn from local sources. Additionally, it is critically important for the City to plan for long term financial sustainability of the General Fund. This can be accomplished by a combination of factors including specific revenue measures as well as a focus on innovative service delivery and economic development.

Key revenue measures that can be considered by the City during the 2024, or future, election cycle include but are not limited to (1) General Obligation Bond Measure; (2) Measure F Sales Tax Measure extension; and (3) Business License Tax Modernization. While it is not likely that the City would place all of these items on one ballot, it is important that they all be reviewed in the coming years and that the City strongly consider one or more measures for the November 2024 election cycle. These potential measures are discussed further below.

General Obligation Bond Measure
The State of California Constitution provides that cities may issue general obligation bonds for acquisition and improvement of real property if authorized by two-thirds of its voters. General obligation bonds are payable only from ad valorem property taxes, which are required to be levied in an amount sufficient to pay interest and principal on the bonds coming due in each year. These property tax revenues are distinct from general property tax collections and are dedicated to debt service payment and cannot be levied or used for any other purpose.

It is important to note that when it comes to issuing general obligation bonds, the State Constitution has different rules for school districts than for cities and counties. The threshold for passing is lower for schools at 55 percent, and schools may fund equipment and technology needs. A city or county general obligation bond measure requires two-thirds approval and proceeds may only be used to purchase land or improve land, such as the construction or renovation of a facility.

To fully fund a project to replace/renovate the Police, IT and Public Works building, replacing Fire Station No. 3 and investing approximately $5 million in minor park enhancements and/or a one-time upgrade of the street Pavement Condition Index (PCI), the City estimates needing approximately $208 to $220 million. The City worked with the consulting firm Fieldman, Rolapp and Associates to determine the average impact to Milpitas resident’s property tax bills. The estimated impact for a $208 million bond measure would be $25.27 annually per $100,000 in assessed property value. This would equate to a $1,000,000 assessed value home paying $252.7 per year, or $21.06 per month.

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Measure F Sales Tax Extension
Over 60% of Milpitas voters approved the Milpitas Public Services Measure F in 2020 when asked if a new one-quarter cent sales tax measure for eight years would be used to provide funding to maintain the City’s finances and services, including: police and fire protection, 9-1-1 emergency response, and natural disaster preparation; youth, senior, and recreation services; repairing park equipment and maintaining parks and recreation centers; and attracting and retaining location businesses, requiring independent audits, citizens’ oversight committee, and all funds spent locally. The annual revenue is approximately $7 million to fund these essential services.

Sales tax is governed by the State which restricts the maximum local sales rate. The Milpitas sales tax rate is at the State restricted maximum level. Should the temporary Milpitas sales tax measure expire, there is a risk that another public agency within Santa Clara County may take the available 1/4¢ sales tax increment, which would prevent Milpitas from collecting about $7 million annually for Milpitas essential services.

Business Tax Modernization
The current business license tax revenue is approximately $330,000 annually for approximately 5,900 active business license accounts, which is approximately $60 of business license tax per account per year. The current business license tax structure includes various categories wherein the basic annual rate is predominately $35 per year and then $1 or $5 per employee.

The Milpitas business license tax may be modernized with a gross receipt tax structure and/or square footage tax structure. With the help of a consultant, HdL & Company, the City derived several conservative estimates.

Under a business license gross receipts tax structure, the estimated business license tax revenue is between $2 million and $3 million annually or about $360 per account per year. These are rough estimates as gross receipts are not generally available to City staff.

Under a business license square footage tax structure, businesses would be taxed based upon occupied square footage. The property tax data indicates approximately 15.5 million square feet of non-residential property on the tax rolls. From previous experience, to be conservative, 60% is estimated to be taxable square footage. So, the City could have approximately 9.3 million non-residential square footage. At an annual rate of $0.10 per square foot, a business license tax may generate approximately $900,000 annually.

Summary of Past City of Milpitas Measures
Since the year 2000, the City of Milpitas has placed 12 measures on the public ballot. Of these measures, three were direct requests to increase funding as follows:

1. November 2000, Measure I – Transient Occupancy Tax (TOT) Increase (passed with 58.95%)

2. November 2018, Measure R – Hotel Tax Increase (passed with 67.76%)

3. November 2020, Measure F – Sales Tax (passed with 60.36%) Both the TOT and Hotel Tax primarily impact visitors to the City of Milpitas. While the Sales Tax measure does directly impact residents, it is highly likely that another agency, such as the County, would have taken advantage of this quarter cent increase if the City of Milpitas had not. As can be seen from the above, the City of Milpitas has not asked the voters to directly assist with infrastructure repairs in recent history.

Statewide Ballot Measure Considerations
There are three Statewide ballot measures planned for November 2024 that could impact the City’s approach to revenue measures. Preliminary information on these measures is listed below. Further detailed information and analysis will be provided at a later date during the City Council’s decision-making process for potential November 2024 revenue measures.
1)ACA 1: ACA 1 would lower the threshold for General Obligation bond measures from a two-thirds (66.67%) voter approval threshold to a 55% voter approval threshold. This is similar to the change that was made for school district bonds in the year 2000.

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2)California Business Roundtable (CBRT): The CBRT ballot measure would create numerous changes to the voter approval processes for revenue measures. In particular, it would require that certain measures (such as local tax measures) that currently require 50% plus one to pass would require a two-thirds majority.
3)ACA 13: ACA 13 was developed in response to the CBRT measure and would require future ballot measures that increase voter approval requirements to also pass by the same threshold. This would essentially require that the CBRT measure receive two-thirds voter majority to pass.

Community Outreach Survey
In order to provide further information to the Mayor and City Council in determining what, if any, ballot measure may resonate with the residents of Milpitas during the 2024 election cycle it will be imperative to perform community outreach through a statistically valid process. The City has received a proposal from the consulting firm FM3 Research (FM3) to conduct a survey in December 2023 that more thoroughly vets the potential public safety bond, business license tax modernization and sales tax extension. FM3 would perform approximately 600 interviews. In early 2024, staff would provide the Mayor and City Council with a summary of these survey results to take into consideration as part of the Fiscal Year 2024-2025 Budget process to determine what, if any, ballot measures to proceed with in the 2024 election cycle. If the City Council decides to continue discussions on a potential ballot measure, it is recommended that a “tracking survey” of residents be conducted by FM3 in late Spring 2024 to further refine a potential decision.

POLICY ALTERNATIVE(S):

As an alternative to this recommendation, the Mayor and City Council could defer the community outreach survey to determine voter preferences for a potential revenue related ballot measure in 2024. If this conversation is deferred to another time, the City will miss a window of opportunity in 2024 where there will likely be a high voter turnout due to the presidential election cycle, thus ensuring that any measure on the 2024 ballot receives input from the highest possible number of residents.

FISCAL IMPACT:

The fiscal impact of the current staff recommendation for the baseline community survey is $49,500. If the Mayor and City Council elect to continue with the ballot measure process after review of the community survey results, future costs may include the following:
•Approximately $41,000 for a tracking survey in Spring or Summer 2024 prior to a final City Council determination on how to proceed;
•Approximately $50,000 to $75,000 per measure placed on the November 2024 ballot.

If approved by the Council, all these activities would be funded from the unanticipated expenditure account.

California Environmental Quality Act (CEQA):

The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:

Proceed with community outreach surveys for a potential Public Safety Infrastructure General Obligation Bond Measure, Storm Drain Fee, Measure F Sales Tax Measure extension and/or Business Tax Modernization Measure.

Attachment(s):

None

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Introduce Ordinance 298.1, An Ordinance of The City Council of the City of Milpitas Amending the Milpitas Municipal Code Title Xi (“Zoning, Planning and Annexation”), Chapter 10 (“Zoning”), Section 13 (“Special Uses”), Subsection

13.15 (“Cannabis Uses”) to Prohibit and Regulate Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed By State Law, and Making Findings of Exemption From Environmental Review Pursuant To CEQA Guidelines Sections 15061(b)(3) 15183, 15305, and 15378 (Staff Contact:

Michael Mutalipassi, City Attorney, 408-586-3040)
Category: Public Hearings-Public Safety
Meeting Date: 11/7/2023
Recommendation: Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce Ordinance 298.1, which would amend Subsection XI- 10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.

BACKGROUND:

To the fullest extent allowed by State law, Subsection XI-10-13.15 of the Milpitas Municipal Code (“MMC”) currently prohibits the establishment and operation of all commercial cannabis uses, including delivery, within the City. Effective January 1, 2024, Senate Bill 1186 (“SB 1186”) will prohibit local governments from adopting or enforcing any regulation that prohibits or effectively prohibits the delivery of medicinal cannabis to qualifying patients or their primary caregivers. Consistent with SB 1186, this item would introduce an ordinance for first reading that would amend Subsection XI-10-13.15 to regulate the delivery of medicinal cannabis within the City’s jurisdiction and otherwise continue the City’s prohibition against the establishment and operation of commercial cannabis uses, including the prohibition against recreational cannabis delivery.

The proposed amending ordinance with changes redlined is Attachment A hereto. The City’s current ordinance, Ordinance 298, including the current text of Subsection XI-10-13.15 is Attachment B hereto. The text of Senate Bill 1186 with its changes to State law highlighted or otherwise notated is Attachment C hereto.

History of the City’s Current Ordinance and the Change in the Law In November 2016, California voters passed Proposition 64, the “Control, Regulate and Tax Adult Use of Marijuana Act” (“Proposition 64” or the “Adult Use of Marijuana Act” or “AUMA”). Proposition 64 legalized cannabis under state law, for use and personal cultivation by adults 21 or older beginning January 1, 2017.

In June 2017, the California Legislature passed a budget trailer bill, Senate Bill 94, that integrated MCRSA with Proposition 64 to create the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”).

MAUCRSA is the current regulatory structure for both medicinal and adult-use cannabis. Both Proposition 64 and MAUCRSA expressly recognize and affirm that they shall not be “interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements,” and that local jurisdictions may “completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.” (Bus. & Prof. Code, § 26200(a)(1).)

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On January 17, 2017, after the passage of the AUMA, the City Council adopted Urgency Ordinance No. 291, which imposed a moratorium that preserved the City’s ban on cannabis establishments and operations. That moratorium was subsequently extended twice, ultimately until January 16, 2019 (the full two years allowed under State law). During that moratorium, the City Council establish the Cannabis Subcommittee and extensive studied and reviewed potential options for cannabis zoning, ordinances, and tax measures. The Cannabis Subcommittee conducted a total of 10 open and public meetings between 2017 and October 2018.

The City also facilitated two community meetings on June 6, 2018, and June 12, 2018. Between July 12, 2018, and July 19, 2018, the City also conducted a ballot poll on a cannabis business tax. There was also extensive community outreach conducted in the Summer of 2018, including a survey that over the course of two weeks received 517 responses from the public (which equates to over 25 hours of public comment). Notably, 82.2% of the responses stated that they did not use cannabis, and 53.3% of the responses stated that they did not support allowing cannabis delivery services in Milpitas for either medicinal or recreational adult use. On January 15, 2019, the City adopted Ordinance No. 298, implementing a permanent ban on commercial cannabis activities, a prohibition on outdoor cultivation of cannabis for personal use, and regulation of indoor cultivation of cannabis for personal use within the City.

Effective January 1, 2024, Senate Bill 1186, the “Medicinal Cannabis Patients’ Right of Access Act” (“MCPRAA” or “SB 1186”) will change the law so that local jurisdictions cannot adopt or enforce any regulation that would directly or effectively prohibit the delivery of medicinal cannabis within a jurisdiction to a qualified patient or their primary caregiver. It also prohibits regulations that would prevent patients and their primary caregivers from acquiring medicinal cannabis in a timely and readily accessible manner and in types and quantities that are sufficient to meet the demand within the jurisdiction.

SB 1186 also lists the following non-exclusive types of regulations that would be prohibited if they have “the effect of prohibiting the retail sale by delivery of medicinal cannabis”:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer. (See Bus. & Prof. Code, § 26322(a)(1)-(5).) SB 1186 clearly states that it shall not “be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.” (Bus. & Prof. Code, § 26322(c).) Even for retail delivery to patients and primary caregivers, the MCPRAA clearly states that it shall not “be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis,” including:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement. (2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.

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(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division. (Bus. & Prof. Code, § 26322(b)(1)-(5).) Thus, SB 1186 curtails but does not eliminate the power of local jurisdictions to create reasonable regulations on the delivery of medicinal cannabis to qualified patients and primary caregivers. SB 1186 does not change the authority of local jurisdictions to regulate or even prohibit the delivery of commercial, adult-use cannabis.

Survey of Local Cannabis Regulation
There are numerous neighboring jurisdictions that allow not only the retail sale of cannabis but also the cultivation, manufacture, distribution, and delivery of commercial cannabis. The California Department of Cannabis Control (“DCC”), the State agency responsible for State-wide regulation and licensing of commercial cannabis, reports that as of February 1, 2023, 56% of California cities and counties prohibit all cannabis business types while 44% allow at least one type of cannabis business.

In Santa Clara County, the DCC reports that two cities – San Jose and Mountain View – permit cannabis businesses of one type or another. In particular, the neighboring city of San José allows all forms of cannabis business currently allowed at the State level, including retail storefront, retail delivery, distribution, manufacture, and cultivation. The San José Police Department, Division of Cannabis Regulation, currently lists on its website sixteen cannabis businesses licensed by the City of San José, including twelve businesses that provide delivery services.

Besides delivery from the cities of San José and Mountain View, the DCC reports that numerous jurisdictions in the surrounding counties allow the establishment of cannabis businesses that could deliver medicinal cannabis to patients and primary caregivers within Milpitas’s city limits. In Alameda County, all cannabis business types are allowed in unincorporated parcels, and seven cities allow the establishment of cannabis storefronts, delivery, distribution, and manufacture. Five of those seven cities additionally allow cannabis cultivation within city limits, including Almeda, Berkeley, Hayward, Oakland, and Union City. Just across the Bay in San Mateo County, cannabis cultivation is permitted in unincorporated county parcels, and half of the cities permit at least one cannabis business type. The cities of San Carlos and South San Francisco permit a variety of cannabis businesses, including cultivation, manufacturing, and distribution. Brisbane and Pacifica permit the manufacture and distribution of cannabis products, but not cultivation. The DCC reports that cannabis cultivation is permitted in Halfmoon Bay, Portola Valley, and Redwood City. In Santa Cruz County, cannabis storefronts, delivery, distribution, manufacture, and cultivation are permitted in unincorporated county parcels as well as within the cities of Santa Cruz and Watsonville. The City and County of San Francisco permits all types of cannabis business, including delivery, distribution, manufacture, and cultivation.

In sum, there is no shortage of neighboring jurisdictions from which cannabis businesses could deliver medicinal cannabis and medicinal cannabis products to qualifying patients and their primary caregivers living and working within the City’s limits.

Survey of Local Cannabis Retailers Advertising Delivery of Medicinal Cannabis Besides reporting on cannabis regulations in California, the Department of Cannabis Control also publicly provides a listing of retailers licensed by the State to supply cannabis. As of October 25, 2023, the DCC lists over 160 cannabis retailers within roughly 40 miles of Milpitas (or approximately a one-hour delivery radius), including at least 9 in San Jose, 3 in Union City, 4 in Hayward, 3 in San Leandro, 4 in Alameda, 16 in Oakland, 3 in Emeryville, 5 in Berkeley, 5 in Redwood City, 2 in Daly City, 5 in Pacifica, 21 in Santa Cruz County, and over 80 in San Francisco. A survey of arguably the three largest cannabis delivery platforms in California - Leafly, Eaze, and WeedMaps – similarly shows a wide range of medicinal cannabis and cannabis products advertised for timely delivery to Milpitas from locations outside of the City’s limits.

Leafly lists 13 different delivery services advertising delivery of medicinal cannabis and cannabis products to customers within the Milpitas City’s limits. These delivery services advertise a combined 4,131 cannabis and cannabis products being offered for delivery. All of these businesses advertise same day delivery, and most

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advertise delivery within 30 to 90 minutes of order, indicating a ready and timely deliverable supply near the City.

Eaze is its own cannabis marketplace and delivery service. Eaze lists 677 cannabis or cannabis products from 65 brands for delivery to within the City’s limits: 71 types of one to four gram bags of cannabis flowers, 73 types of five or more gram bags of cannabis flowers, 135 types of cannabis vaporizer cartridges, 74 types of prerolled cannabis cigarettes, 89 types of cannabis cigarette packs, 6 types of cannabis resins and formulas, 27 types of preloaded disposable vaporizers, 24 types of concentrates and extracts, 97 types of gummies and mints, 26 types of chocolates and baked goods, 30 types of THC-enhanced drinks, and 25 types of capsules, tinctures, and other topical or ingestible products. Eaze was founded and is headquartered in San Francisco, and it advertises 1-hour or less delivery times in the Bay Area between the hours of 9:00 a.m. and 10:00 p.m.

Weedmaps lists 26 different delivery services advertising delivery of medicinal cannabis and medicinal cannabis products to Milpitas. Each delivery service advertises between 32 and 424 different cannabis products for delivery, with most services offering over 100 different products.

ANALYSIS:

If a court were to find that the current Municipal Code directly or effectively prohibits the delivery of medicinal cannabis to qualifying patients and their primary caregivers within the City’s jurisdiction, then beginning January 1, 2024, SB 1186 would allow delivery services to ignore any inconsistent sections and deliver medicinal cannabis within the City’s jurisdiction. Moreover, because Subsection XI-10-13.15 does not currently provide any regulations for delivery services, deliveries could occur in any manner that is consistent with State law. Finally, SB 1186 authorizes patients, their primary caregivers, medicinal cannabis businesses, and the California Attorney General, among others, to bring a writ of mandate challenging any inconsistent ordinance and, if successful, obtain damages and costs of suit against the public entity.

Consistent with the change in law under SB 1186, the proposed amendments to Subsection XI-10-13.15 maintains the City’s current ban on commercial activities to the fullest extent allowed by State law while regulating the medicinal cannabis deliveries now required under SB 1186.

SB 1186 requires local jurisdictions to allow delivery of medicinal cannabis and medicinal cannabis products to qualifying patients and their primary caregivers, but it allows local jurisdictions to adopt and enforce reasonable regulations, taxes, and fees on those deliveries, including through zoning ordinances, licensing requirements, and security or health and safety requirements. (Bus. & Prof. Code, § 26322(b).) The City has a vested and legitimate interest in ensuring that medicinal cannabis is actually delivered to and received by qualifying patients and their primary caregivers and not others who cannot receive medicinal cannabis under State law, including minors. The City similarly has a legitimate interest in ensuring that delivery services are duly registered and licensed, pay their fair share of taxes and fees, and conduct business in a manner that does not interfere with the peace, quiet, and enjoyment of the community. In addition to those requirements imposed under State law, the proposed ordinance therefore suggests additional local regulations upon delivery, including the following:
•Requiring all deliveries be made to a specifically and individually identified medicinal cannabis patient or their primary caregiver;
•Requiring delivery services to obtain written documentation required by State law showing that the individually ultimately receiving the cannabis or cannabis products is a qualifying medicinal cannabis patient;
•Requiring that all deliveries be to a fixed address of either the patient’s residence or the primary business address for his or her primary caregiver;
•Requiring deliveries be made to and signed by a person 18 years of age or older; •Requiring all deliveries be limited to medicinal cannabis or medicinal cannabis products and not include other items, such as accessories or promotional materials; •Requiring all deliveries be made between the hours of 6 a.m. and 10 p.m., as recommended by the Milpitas Police Department;

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•Requiring delivery services register with the Milpitas Police Department •Requiring delivery services to maintain their business license with the City and pay all applicable local taxes and fees for deliveries within the City’s jurisdiction; •Requiring delivery services keep documentation for all deliveries and make such documentation available for inspection upon request to law enforcement officers.

The amendment allows the City Manager, with due consultation with the Milpitas Police Department, to adopt further regulations to fulfill and implement the purposes of the ordinance related to delivery.

The amendment further clarifies that violations are punishable by administrative or criminal citation and that failure to comply is grounds for suspension or prohibition of a delivery service’s ability to delivery within the City’s jurisdiction.

Finally, the amendment would allow the City to formally find and declare that its regulations are consistent with SB 1186 and do not prevent medicinal cannabis patients or their primary caregivers from obtaining medicinal cannabis in a timely and readily accessible manner and in the types and quantities that are sufficient to meet demand within the City’s jurisdiction.

POLICY ALTERNATIVE(S):

Alternative 1: Do Not Adopt an Ordinance Amendment
Pros: None, other than preservation of the status quo.

Cons: Exposes the City to the risk of suit and would allow the delivery of medicinal cannabis within the City’s jurisdiction without the benefit of local regulations and control.

Reason for Not Recommending: Irrespective of the merits of any potential lawsuit against the City under SB 1186, it would be beneficial for the City to take this opportunity to impose reasonable regulations on medicinal cannabis deliveries now permitted by State law and find and declare the consistency of its local regulations with that law.

Alternative 2: Impose Additional Regulations Upon Medicinal Cannabis Deliveries Pros: Greater local control.

Cons: Increased enforcement resources and potential conflicts with State law.

Reason for Not Recommending: Greater regulation requires additional enforcement resources and costs to be effective. SB 1186 also circumscribes regulations that go too far and make medicinal cannabis not readily available in the types and quantities sufficient to meet demand within the City. SB 1186 calls out as potentially suspect regulations that effectively prohibit delivery by limiting the number of delivery services, their operating hours, the number or frequency of deliveries, the types or quantities of cannabis deliveries, or the establishment of physical premises within the jurisdiction.

Alternative 3: Study Regulatory Alternatives to the City’s Current Ordinance Pros: Explore alternative regulatory schemes to the current ban.

Cons: Significant additional staffing and cost shortly after recent study.

Reason for Not Recommending: In a process that culminated less than five years ago, the City undertook a two-year study of alternative cannabis regulations that resulted in the current ban after extensive public outreach and comment. While the City can always undertake further study and change its ordinance, the cost and need for additional staffing to undertake this study is not recommended at this time.

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FISCAL IMPACT:

There is no cost to adopt the ordinance beyond incidental publication costs and staff time. There will, however, be minor costs associated with the enforcement of the amended ordinance. The City will expend law enforcement resources to monitor the compliance of delivery services with any new regulations because the State only monitors and enforces compliance with State laws.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This amending ordinance is not a project and is not subject to CEQA review because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change, particularly in that it does not alter the use of land or does a most does not do so inconsistently with uses already authorized, prohibited, or regulated by law. (Cal. Code Regs., tit. 14, § 15378.) Furthermore, even if considered a project, this amending ordinance is categorically exempt from CEQA review in that it comprises of non-land use regulations or at most minor alterations in land use limitations that do not result in any changes in land use or density (Cal. Code Regs., tit. 14, § 15305, 15378(a)(1)) and by common sense can be seen with certainly that there is no possibility that the activity in question may have a significant effect on the environment particularly in consideration of the activities already permitted, prohibited, or regulated by law (Cal. Code Regs., tit. 14, § 15061(b)(3)). This amending ordinance is also exempt because it does not affect development density established by existing zoning and the City’s General Plan, for which an Environmental Impact Report was already certified, and does not have any project-specific significant environmental effects peculiar to the project or any site. (Cal. Code Regs., tit. 14, § 15183.) RECOMMENDATION:

Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce Ordinance 298.1, which would amend Subsection XI-10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.

ATTACHMENT(S):

A. [Proposed] Ordinance 298.1, an Ordinance of the City Council of the City of Milpitas Amending Subsection

13.15 (“Cannabis Uses”) of Section 13 (“Special Uses”) of Chapter 10 (“Zoning”) of Title XI (“Zoning, Planning and Annexation”) of the Milpitas Municipal Code B. Milpitas City Council Ordinance 298 (2019)
C. 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

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Ordinance No. 298.11

REGULAR
NUMBER: 298.1
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE MILPITAS MUNICIPAL CODE TITLE XI (“ZONING, PLANNING AND ANNEXATION”), CHAPTER 10 (“ZONING”), SECTION 13 (“SPECIAL USES”), SUBSECTION 13.15 (“CANNABIS USES”) RELATING TO

THE PROHIBITION AND REGULATION OF CANNABIS USES,

ESTABLISHMENTS, AND OPERATIONS TO THE FULLEST EXTENT

ALLOWED BY STATE LAW, AND MAKING FINDINGS OF EXEMPTION

FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES
SECTIONS 15061(b)(3) 15183, 15305, AND 15378
HISTORY:This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney

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Ordinance No. 298.12
RECITALS AND FINDINGS:

WHEREAS, in November 2016, California voters passed Proposition 64, the “Control, Regulate and Tax Adult Use of Marijuana Act” (“Proposition 64” or the “Adult Use of Marijuana Act” or “AUMA”), which beginning January 1, 2017, legalized and regulated commercial cannabis for adult-use and medicinal- use; and
WHEREAS, in June 2017, the California Legislature passed a budget trailer bill, Senate Bill 94, the “Medicinal and Adult Use Cannabis Regulation and Safety Act” (“MAUCRSA”), which integrated prior laws with Proposition 64 to create a unified regulatory framework and system of business licensing at the State level for both adult-use and medicinal-use cannabis; and WHEREAS, both MAUCRSA and Proposition 64 expressly recognize, preserve, and do not supersede or limit the authority of local jurisdictions to adopt and enforce ordinances that regulate cannabis businesses licensed at the State level, including by completely prohibiting the establishment or operation of one or more types of businesses licensed under MAUCRSA (Business & Professions Code, § 26200); and
WHEREAS, on January 17, 2017, the City Council adopted Urgency Ordinance No. 291 pursuant to Government Code Section 65858, establishing a forty-five (45) day moratorium on all cannabis uses to the extent allowed by law in light of the passage of Proposition 64; and WHEREAS, on February 21, 2017, the City Council adopted Urgency Ordinance No. 291.1 pursuant to Government Code Section 65858, extending the moratorium on all cannabis uses for a period of 10 months and 15 days; and
WHEREAS, on January 16, 2018, the City Council adopted Urgency Ordinance No. 291.2 pursuant to Government Code Section 65858, extending the moratorium for an additional 12-month period for the full two years authorized under State law, to allow the City to complete its study of potential cannabis regulations; and WHEREAS, during the time of that moratorium, the City Council established a Cannabis Subcommittee and in coordination with City staff conducted an extensive study of potential options for local cannabis regulations, including numerous meetings and substantial community outreach, polling, surveys, and analysis that the City Council again takes notice of now; and WHEREAS, from that study and having fully considered the issues and potentials for regulation, the City Council duly passed by unanimous vote Ordinance No. 298 and enacted the currently operative version of Subsection XI-10-13.15 of the Milpitas Municipal Code, which to the fullest extent allowed by State law regulates cannabis cultivation for personal use and prohibits all commercial cannabis uses within the City’s judication, including cannabis delivery; and WHEREAS, in September 2022, the California Legislature passed Senate Bill 1186 (“SB 1186”), which enacted the “Medicinal Cannabis Patients’ Right of Access Act” (“MCPRAA”) and, among other things, amended Business and Professions Code section 26200 to make the provisions of MCPRAA an exception to the broad reservation of local regulatory authority in subsections (a)(1) and (a)(2) of Section 26200; and
WHEREAS, MCPRAA prohibits local jurisdictions from adopting or enforcing any regulation that directly or effectively prohibits the retail sale by delivery of medicinal cannabis or medicinal cannabis products to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in the types and quantities that are sufficient to meet the demand for medicinal cannabis patients within the local jurisdiction; and

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Ordinance No. 298.13
WHEREAS, the City of Milpitas has a vested and legitimate interest in protecting the public health, safety, and welfare by adopting reasonable regulations, including prohibitions, on the retail sale and personal cultivation of commercial cannabis whether for medicinal or non-medicinal use; and WHEREAS, the City of Milpitas has a vested and legitimate interest in regulating the delivery of medicinal cannabis to ensure such deliveries are conducted in a lawful and reasonable manner that affirmatively protects the health, safety, and welfare of the community and the peace, quiet, and enjoyment of all persons, including by prohibiting the delivery of anything other than the medicinal cannabis and medicinal cannabis products to the minimum extent now required by State law ; and WHEREAS, if required to allow the delivery of medicinal cannabis and medicinal cannabis products, the City of Milpitas has a vested and legitimate interest in ensuring that such deliveries actually reach qualifying patients and do not fall into the hands of others, including minors; and WHEREAS, the City of Milpitas has the lawful right to act upon the needs and wishes of the Milpitas community, including as expressed during the extensive surveys, polls, meetings, and public comment that lead to the City’s exactment of Subsection XI-10-13.15; and WHEREAS, the City Council reaffirms and finds still true the study, consideration, deliberation, and discussions that formed the basis for the City’s enactment of Ordinance No. 298; and WHEREAS, the City Council finds and declares based upon a full consideration of all the facts before it that there exists and foreseeably will continue to exist a more than sufficient supply of medicinal cannabis and medicinal cannabis products capable of timely and readily accessible delivery from locations outside of the City’s jurisdiction in the types and quantities meeting the demand by medicinal cannabis patients within the City’s jurisdiction; and
WHEREAS, the City Council finds and declares based upon a full consideration of all the facts before it that there exist more than sufficient opportunities for the establishment of additional cannabis operations outside of the City’s jurisdiction to meet any future increase in demand; and WHEREAS, the City Council finds and declares that it’s local regulatory scheme, as herein amended, is consistent with SB 1186 and will not prevent medicinal cannabis patients or their primary caregivers from obtaining medicinal cannabis in a timely and readily accessible manner in the types and quantities that are sufficient to meet demand within the City’s jurisdiction; and WHEREAS, all legal prerequisites to the adoption of this ordinance have been met.

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

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

SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI (“ZONING, PLANNING AND ANNEXATION”), CHAPTER 10 (“ZONING”), SECTION 13 (“SPECIAL USES”), SUBSECTION 13.15 (“CANNABIS USES”)

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Ordinance No. 298.14
Title XI, Chapter 10, Section 13, Subsection 13.15 of the Milpitas Municipal Code is hereby amended to read as follows:

XI-10-13.15 Cannabis Uses
A. Purpose. The purpose of this Subsection is to prohibit to the fullest extent allowed by State Law the establishment and operation of all commercial cannabis uses within the City of Milpitas, including all cannabis dispensaries, cannabis retailers, cannabis manufacturers, cannabis microbusinesses, cannabis testing laboratories, cannabis distribution, cannabis cultivation, and delivery of cannabis.

It is also the intent of this Subsection to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers. It is also the intent of this Subsection to entirely prohibit the delivery of non-medical cannabis and only allow the delivery of medicinal cannabis directly to medicinal cannabis patients or their primary caregivers to the minimum extent required by State law, subject to all laws and the additional regulations adopted here.

B. Finding and Declaration. The City finds and declares that this local regulatory scheme will not prevent medicinal cannabis patients or their primary caregivers from obtaining medicinal cannabis in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand within the City’s jurisdiction.

B.C. Definitions. For purposes of this Subsection, the following definitions shall apply:

1. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" includes "cannabis" as defined in Business and Professions Code, Section 26001 and in Section 11018 of the Health and Safety Code.

2. "Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

3. "Cannabis delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Cannabis delivery" also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

3.4. “Cannabis delivery service” or “delivery service” means any person or entity engaged in cannabis delivery.

4.5. "Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the State distributor license(s), including, but not limited to, cannabis storage, quality control and collection of State cannabis taxes.

5.6. "Cannabis manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

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Ordinance No. 298.15

6.7. "Cannabis microbusiness" means a commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.

7.8. "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Cannabis products include "cannabis products" as defined in Business and Professions Code, Section 26001.

8.9. "Cannabis retailer" means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery.

The term "cannabis retailer" includes any nonprofits that may be licensed under Business and Professions Code, Section 26070.5. For purposes of this Chapter, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, § 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, § 11362.7 et seq.), as may be amended.

10. "Cannabis testing laboratory" means a facility, entity, or site in the State that offers or performs tests of cannabis or cannabis products.

11. “Chief of Police” means the Chief of Police of the City of Milpitas or his or her designee.

12. “City Attorney” means the City Attorney of the City of Milpitas or his or her designee.

13. “City Clerk” means the City Clerk of the City of Milpitas or his or her designee.

9.14. “City Manager” means the City Manager of the City of Milpitas or his or her designee.

15. "Commercial cannabis use" includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis microbusinesses, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, and includes any activity that requires, or may require in the future, a license from a State licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10), as may be amended. Commercial cannabis use does not include those activities allowed for personal use by persons 21 years of age or older, without any compensation whatsoever, in strict accordance with Health and Safety Code, Section 11362.1 and does not include the activities of a qualified patient or a primary caregiver that are exempt from State licensure pursuant to Business and Professions Code, Section 26033.

10.16. “Enforcement Authority” means the Chief of Police, the City Attorney, or any other person or persons designated by the Milpitas Municipal Code or the City Manager to enforce this Subsection.

11.17. "Indoor" means any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

18. “Medicinal cannabis” or “medicinal cannabis products” shall have the same meaning as the definition set forth in Business and Professions Code, Section 26001.

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Ordinance No. 298.16

19. “Medicinal cannabis patient” means any one of the following:
a. A “qualified patient,” as defined in Health and Safety Code, Section 11362.7, who possesses a currently valid physician’s recommendation that complies with both Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code as well as all rules, regulations, and guidelines adopted by the Medical Board of California.
b. A “person with an identification card,” as defined in Section 11362.7 of the Health and Safety Code, who possesses a currently valid identification card issued in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.

20. “Non-medicinal cannabis” or “non-medicinal cannabis products” shall mean cannabis or cannabis products, respectively, that does not qualify as medicinal cannabis, including commercial cannabis intended to be sold for non-medicinal use by an adult 21 years of age or older pursuant to State law.

21. "Outdoor" means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

12.22. "Personal cultivation" means cannabis cultivation for a natural person's own personal use and possession in accordance with this Code and state law, including but not limited to Health and Safety Code Sections 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. "Personal use" also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

23. “Primary caregiver” means the primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code, Section 11362,7.

13. "Private residence" means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes. "Outdoor" means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

C.D. Personal Cultivation of Cannabis.

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Ordinance No. 298.17
c. Persons engaging in indoor cultivation must comply with all State and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, and with Health and Safety Code Sections 11362.1 and 11362.2.
d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the City of Milpitas.
e. The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.
f. All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure. "Fully enclosed and secure structure" means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

2. Outdoor Personal Cultivation Prohibited. Outdoor personal cultivation of cannabis is prohibited in all zoning districts in the City of Milpitas.

D.E. Commercial Cannabis Uses.

1. Commercial Cannabis Uses Prohibited. All medical and adult-use commercial cannabis uses as defined herein are prohibited from establishing or operating within the City of Milpitas. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a commercial cannabis use in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

E.F. Cannabis Deliveries

1. Deliveries Generally Prohibited. To the fullest extent allowed by State lawExcept as set forth in Subsection XI-10-13.15(F)(2), the ban on commercial cannabis uses also prohibits the operation of a cannabis delivery service to customers in the City of Milpitas, including those deliveries originating from a physical location outside of the City. Nothing in this Subsection is intended to, nor shall it be construed to, permit and/or legalize any delivery operation, use, and/or activity that is otherwise prohibited under this Subsection and/or any other law. Rather, this Subsection is intended to prohibit the delivery of commercial cannabis to the fullest extent allowed by state law, including by entirely prohibiting the delivery of non-medicinal cannabis.

2. Direct Deliveries to Medicinal Cannabis Patients or Primary Caregivers Excepted. The direct delivery of medicinal cannabis to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient within the City’s jurisdictional limits from a location outside the City’s jurisdictional limits is not prohibited by this Subsection only if such deliveries fully comply with each and every one of the following operating conditions:
a. All deliveries must be directly to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient by a duly licensed cannabis delivery service. Prior to delivery, the delivery service must obtain a copy of written documentation for the identified medicinal cannabis patient proving the patient

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Ordinance No. 298.18
possess a physician’s recommendation for medicinal cannabis that is valid at the time of delivery.
i. For deliveries to a medicinal cannabis patient, that written documentation must include either a currently valid copy of a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code or a currently valid identification card issued to the in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.
ii. For deliveries to a primary caregiver for a medicinal cannabis patient, that written documentation must include either a currently valid identification card for the identified patient issued to the primary caregiver in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or both a currently valid copy of a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code and proof that primary caregiver has consistently assumed responsibility for the housing, health, or safety of the identified patient. iii. Written documentation received by a delivery service for this purpose shall be maintained confidentially and only disclosed in compliance with all applicable laws.
b. All deliveries must be to a fixed address for a specifically identified medicinal cannabis patient.
i. For deliveries to a medicinal cannabis patient, that fixed address must be the patient’s private residence.
ii. For deliveries to a primary caregiver for a medicinal cannabis patient, that fixed address must be the primary caregiver’s primary business address. iii. Deliveries cannot be to a post office box, any other form of mail, package, or parcel pickup location or locker, or to a mail, package, or parcel receiving agency or business.
iv. Delivery must be to a person 18 years of age or older. The delivery service must record the name of the person receiving the delivery. v. Upon delivery, and prior to completing delivery, the delivery must be signed for by the identified medicinal cannabis patient or the primary caregiver for the identified medicinal cannabis patient.
c. All deliveries must occur between the hours of 6:00 a.m. Pacific Time and 10:00 p.m.

Pacific Time. Deliveries may not occur in a manner that would tend to disturb the peace, quiet, and/or enjoyment of a reasonable person of normal sensitivity residing nearby. d. The cannabis delivery service must maintain a log or other record stating the date, time, quantities, and products for each delivery as well as the name of the identified medicinal cannabis patient and the name of any primary caregiver for the delivery.

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Ordinance No. 298.19
e. The cannabis delivery service must retain for a period of at least two years copies of all records, documentation, signatures, permits, and licenses required by this Subsection and present them to a law enforcement officer upon demand.
f. The cannabis delivery service must fully comply with all applicable laws, including this Subsection and Division 10 of the Business and Professions Code, all rules and regulations promulgated by the Department of Cannabis Control, including in Title 4, Division 19 of the California Code of Regulations, and all guidelines, procedures, and regulations promulgated pursuant to this Subsection by the City Manager and/or his or her designee. a.g. Deliveries of medicinal cannabis may not include anything other than medicinal cannabis and medicinal cannabis products. Specifically, deliveries of medicinal cannabis may not include delivery of cannabis accessories or promotional materials, as defined by Section 15000 of Title 4, Division 19, Chapter 1, Article 1 of the California Code of Regulations, or branded merchandise of any kind.

3. Business Tax and License. A cannabis delivery service must obtain a business tax license from the City pursuant to Title III, Chapter 1 of this Code prior to commencing any delivery service within the City’s jurisdiction, even if delivering from a physical location outside of the City. A cannabis delivery service must pay all state and local taxes or fees for delivery services occurring with the City’s jurisdiction, including taxes or fees imposed by or owed to the City.

4. Registration. A cannabis delivery service must register with the Milpitas Police Department in a form acceptable to the Chief of Police prior to commencing any delivery service within the City’s jurisdiction, even if delivering from a physical location outside of the City. That registration must be signed by the registrant averring the truth and accuracy of the information contained therein and include all of the following information:
a. The name, address, and telephone number of the registrant and the delivery service. If the registrant or the delivery service has done business under any other name, including a fictitious name, the registrant must provide each name and all dates and jurisdictions of use. b. The name, address, and telephone number of the person(s) who will manage and operate the delivery service.
c. The name, address, and telephone number for the person(s) authorized to accept service of process and legal notices for the delivery service.
d. The business name, license number, license type, license designation, license status, and expiration date for any applicable license issued by the Department of Cannabis Control. e. Any other information required by the Chief of Police.

The delivery service must update its registration annually and within 72 hours of any change to the information contained in its registration or its cessation or suspension of medicinal cannabis delivery services within the City’s jurisdiction.

5. Administrative and Criminal Violations. In addition to all other remedies and actions allowed by law, any violation of this Subsection may be enforced by administrative citation, pursuant to Title I, Chapter 21 of this Code, or criminal prosecution, pursuant to Section I-1-4.09 of this Code. At the Enforcement Authority’s sole discretion, violations of this Subsection may be charged as a misdemeanor, punished by a fine not to exceed the sum of five hundred dollars ($500) or by imprisonment in the County Jail not to exceed six (6) months or by both such fine and imprisonment, or an infraction, punished by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second

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Ordinance No. 298.110
violation within one year, or a fine not exceeding five hundred dollars ($500) for each additional violation within one year. Each day such a violation continues shall be a new and separate violation.

6. Suspension or Prohibition. In addition to all other remedies and actions allowed by law, the Enforcement Authority may immediately suspend or prohibit any delivery service from delivering medicinal cannabis within the City’s jurisdictions, or impose additional terms and conditions upon that delivery service, if it fails to fully comply with all laws, including this Subsection, fails to register with the Milpitas Police Department prior to delivering within the City’s jurisdiction, fails to maintain its business license, or fails to remit any applicable state or local taxes or fees for delivery services occurring with the City’s jurisdiction. Pursuant to Title I, Chapter 20, Section 2 of this Code, notice of this suspension, revocation, or imposition of additional terms and conditions may be served by mail to the address provided in the delivery service’s registration or, if there is no current registration, any other address listed for the delivery service. Within fifteen (15) calendar days of that mailing, the delivery service may appeal that determination to a hearing officer appointed by the City Manager pursuant to the procedure provide in Title I, Chapter 20, Section 3 of this Code by filing with the City Clerk a written notice of appeal containing all factual and legal grounds for the appeals as well as all records or other evidence supporting that appeal. Within twelve (12) calendar days of being mailed notice of the hearing officer’s decision pursuant to the same notice procedure, the delivery service may appeal the hearing officer’s decision to the City Council pursuant to the procedure provided in Title I, Chapter 20, Section 5 of this Code.

7. Transportation Through City. This section shall not be construed to prohibit use of the public roads to pass through the City’s jurisdiction without making a delivery within the City’s jurisdiction pursuant to Business and Professions Code, Section 26090 or those activities allowed by Section 26054, subdivisions (c) or, (d), or (e).

2.8. Implementing Regulations. The City Manager, or his or her designee, with due consultation with the Chief of Police, shall have the authority to adopt all necessary guidelines, procedures, and regulations to implement the requirements and fulfill the policies and purposes of this Subsection related to the delivery of medicinal cannabis.

F.G. Public Nuisance; Effect of State Law.

1. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for a commercial cannabis use or for the cultivation of cannabis except in strict compliance with this Chapter. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter may be abated as a public nuisance as provided in this Code and/or under State law.

2. In the event of any conflict between the penalties enumerated under this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. The City Attorney or prosecuting attorney has the authority to declare and prosecute the violation as the maximum penalty permitted by State law, including but not limited to, those penalties prescribed by California Health & Safety Code, Section 11362.4. To the extent certain conduct is immune from arrest and criminal liability pursuant to State law, including the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5) or the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), criminal penalties shall not apply.

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Ordinance No. 298.111
SECTION 3. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The City Council finds and determines that the adoption of this amending ordinance is not a project and is not subject to CEQA review because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change, particularly in that it does not alter the use of land or does a most does not do so inconsistently with uses already authorized, prohibited, or regulated by law. (Cal. Code Regs., tit. 14, § 15378.) Furthermore, even if considered a project, this amending ordinance is categorically exempt from CEQA review in that it comprises of non- land use regulations or at most minor alterations in land use limitations that do not result in any changes in land use or density (Cal. Code Regs., tit. 14, § 15305, 15378(a)(1)) and by common sense can be seen with certainly that there is no possibility that the activity in question may have a significant effect on the environment particularly in consideration of the activities already permitted, prohibited, or regulated by law (Cal. Code Regs., tit. 14, § 15061(b)(3)). This amending ordinance is also exempt because it does not affect development density established by existing zoning and the City’s General Plan, for which an Environmental Impact Report was already certified, and does not have any project-specific significant environmental effects peculiar to the project or any site. (Cal. Code Regs., tit. 14, § 15183.) SECTION 4. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 5. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

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REGULAR
NUMBER:298 TITLE:A ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING SUBSECTION XI-10-13.15 ENTITLED “CANNABIS USES” AND AMENDING SUBSECTION XI-10-13.05 ENTITLED “HOME OCCUPATION” OF THE MILPITAS MUNICIPAL CODE, TITLE XI, CHAPTER 10, SECTION 13, TO REGULATE CANNABIS CULTIVATION FOR PERSONAL USE AND TO PROHIBIT ALL COMMERCIAL CANNABIS USES, AND MAKING FINDINGS OF EXEMPTION FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTIONS 15060(C)(3) AND 15061(b)(3) HISTORY:This Ordinance was introduced (first reading) by the City Council at its meeting of December 19, 2018, upon motion by Councilmember Montano, and was adopted (second reading) by the City Council at its meeting of January 15, 2019, upon motion by Councilmember Nuñez. The Ordinance was duly passed and ordered published in accordance with law by the following vote: AYES:(5) Mayor Tran, Vice Mayor Dominguez, Councilmembers Montano, Nuñez, and Phan NOES:(0) None ABSENT:(0) None ABSTAIN:(0) None ATTEST: ______________________________ ________________________Mary Lavelle, City ClerkRich Tran, Mayor APPROVED AS TO FORM: ______________________________Christopher J. Diaz, City Attorney

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RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and

WHEREAS, in 1996, the voters of the State of California approved the Compassionate Use Act of 1996 (“CUA”) (codified as Health and Safety Code, § 11362.5 et seq.) to enable seriously ill Californians to legally possess, use, and cultivate marijuana for personal medical use free from prosecution under enumerated provisions of State law; and

WHEREAS, in 2003, the California Legislature adopted the Medical Marijuana Program Act (“MMP”) (codified as Health and Safety Code, § 11362.7 et seq.), which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under State law, however certain exemptions from criminal prosecution will expire on or about January 9, 2019 (Health & Safety Code, § 11362.775); and

WHEREAS, in 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, holding that nothing in the CUA or MMP preempted cities’ authority to regulate or ban outright medical marijuana land uses; and

WHEREAS, in 2015, the California Legislature enacted the Medical Cannabis Regulation and Safety Act (MCRSA), which for the first time in the State’s history adopted comprehensive regulations and licensing for medical marijuana businesses; and

WHEREAS, in 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), which legalized the non-medical use of marijuana by adults over 21 years of age, and provides for State licensing of adult-use marijuana businesses; and

WHEREAS, Senate Bill 94 (“SB 94”), signed by the Governor on June 27, 2017 to take effect immediately, repealed the MCRSA, and amended AUMA to consolidate the State licensing scheme applicable to both medical and adult- use commercial cannabis activity under a new law entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA); and

WHEREAS, MAUCRSA recognizes, preserves and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that regulate licensed cannabis businesses, including, but not limited to, completely prohibiting the establishment or operation of one or more types of businesses licensed under MAUCRSA within the local jurisdiction (Business and Professions Code, § 26200); and

WHEREAS, AUMA, as amended by MAUCRSA, legalizes cultivation of not more than six living cannabis plants per property by persons 21 years of age or older for personal use; and

WHEREAS, AUMA, as amended by MAUCRSA, provides that a city shall not completely prohibit personal cultivation of cannabis inside a private residence or inside an accessory structure to a private residence that is fully enclosed and secure, but that a city may completely prohibit personal cultivation of cannabis outdoors (Health and Safety Code, § 11362.2); and

WHEREAS, on January 17, 2017, the City Council adopted Urgency Ordinance No. 291 pursuant to Government Code Section 65858, establishing a forty-five (45) day moratorium on all marijuana uses to the extent allowed by law in light of the passage of Proposition 64 in the State of California; and

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WHEREAS, on February 21, 2017, the City Council adopted Urgency Ordinance No. 291.1 pursuant to Government Code Section 65858, extending the moratorium on all marijuana uses for a period of 10 months and 15 days; and

WHEREAS, in January 2017, the City Council adopted Urgency Ordinance No. 291.2 pursuant to Government Code Section 65858, extending the moratorium for an additional 12-month period for the full two years authorized under State law, to allow the City to complete its study of potential cannabis regulations; and

WHEREAS, a City Council subcommittee, City staff and the City Council have conducted numerous meetings, community outreach, polling and analysis to determine what types of regulations, if any, the City would like to impose on marijuana/cannabis uses in light of the passage of AUMA and MAUCRSA in the State of California; and

WHEREAS, as a result of that study, and in accordance with Business and Professions Code, Section 26200, this Ordinance effects zoning limitations that prohibit the physical establishment or operation of all commercial cannabis uses within Milpitas, including all commercial cultivators, manufacturers, testing laboratories, retailers/dispensaries, delivery services, distributors and microbusinesses that are or will be licensed by the State of California pursuant to the MAUCRSA, as the best course of action for the City’s citizens and the community at large.

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

SECTION 1. RECORD AND BASIS FOR ACTION

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

SECTION 2. MUNICIPAL CODE AMENDMENT

The City Council hereby adds Subsection XI-10-13.15 entitled “Cannabis Uses” to the Milpitas Municipal Code, Title XI, Chapter 10, Section 13, as set forth on Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 3.MUNICIPAL CODE AMENDMENT The City Council hereby amends and restates Subparagraph (B)(9) of Subsection XI-10-13.05 entitled “Home Occupation” of the Milpitas Municipal Code, Title XI, Chapter 10, Section 13, as follows: “9. The occupations listed below shall not be considered incidental and secondary to the residence because they will change the residential character of the dwelling and because they change the character of the neighborhood: a. Barber and beauty shops or similar cosmetology establishments; b. Kennels and other boarding for pets; c. Mechanical and auto repairs; d. Medical and dental offices; e. Retail sales (excluding retail sales in which all products are sold over the phone or internet and shipped to the customer); f. Commercial cannabis uses. See Subsection XI-10-13.15.” All other provisions contained in Subsection XI-10-13.05 of the Milpitas Municipal Code shall remain in full force and effect. SECTION 4.MUNICIPAL CODE AMENDMENT

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The City Council hereby repeals and reserves Chapter 5 of the Milpitas Municipal Code, Title XI.

SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT

This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly, and therefore is exempt from environmental review pursuant to CEQA Guidelines, Section 15060(c)(3). The City Council further finds that if this Ordinance is deemed to be a project, it is nonetheless exempt from further environmental review under the general rule stated in CEQA Guidelines, Section 15061(b)(3), that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Ordinance prohibits commercial cannabis businesses and outdoor personal cannabis cultivation from establishing or occurring in the City and therefore will maintain current development levels.

Accordingly, the City Council finds that this Ordinance is categorically exempt from further CEQA review 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.

SECTION 6. SEVERABILITY

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 7. CUSTODIAN OF RECORDS

The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 455 East Calaveras Blvd., Milpitas, CA 95305. The custodian of these records is the City Clerk.

SECTION 8. RESTATEMENT OF EXISTING LAW

The adoption of this Ordinance shall not in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof.

SECTION 9. EFFECTIVE DATE

Pursuant to Government Code, Section 36937, this Ordinance shall take effect thirty (30) days after its final passage.

SECTION 10. CERTIFICATION

The City Clerk shall certify as to the adoption of this Ordinance and shall cause it to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.

SECTION 11. FILING WITH STATE

The City Clerk shall submit a copy of this Ordinance to the Bureau of Cannabis Control as provided by Business and Professions Code, Section 26055.

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EXHIBIT A
XI-10-13.15 - Cannabis UsesA. Purpose. The purpose of this Subsection is to prohibit the establishment and operation of all commercial cannabis uses within the City of Milpitas, including all cannabis dispensaries, cannabis retailers, cannabis manufacturers, cannabis microbusinesses, cannabis testing laboratories, cannabis distribution, cannabis cultivation, and delivery of cannabis. It is also the intent of this Subsection to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers.B. Definitions. For purposes of this Subsection, the following definitions shall apply:1. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from marijuana. “Cannabis” includes “cannabis” as defined in Business and Professions Code, Section 26001 and in Section 11018 of the Health and Safety Code.2. “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.3. “Cannabis delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Cannabis delivery” also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.4. “Cannabis distribution” means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the State distributor license(s), including, but not limited to, cannabis storage, quality control and collection of State cannabis taxes.5. “Cannabis manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabisproduct.Cannabis manufacture includes the production, preparation, propagation, or compounding ofmanufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.6. “Cannabis microbusiness” means a commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.7. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include “cannabis products” as defined in Business and Professions Code, Section 26001. 8. “Cannabis retailer” means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. The term “cannabis retailer” includes any nonprofits that may be licensed under Business and Professions Code, Section 26070.5. For purposes of this Chapter, “cannabis retailer” also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, § 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, § 11362.7 et seq.), as may be amended.9. “Cannabis testing laboratory” means a facility, entity, or site in the State that offers or performs tests of cannabis

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or cannabis products.

10. “Commercial cannabis use” includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis microbusinesses, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes “commercial cannabis activity” as defined in Business and Professions Code, Section 26001, and includes any activity that requires, or may require in the future, a license from a State licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10), as may be amended. Commercial cannabis use does not include those activities allowed for personal use by persons 21 years of age or older, without any compensation whatsoever, in strict accordance with Health and Safety Code, Section 11362.1 and does not include the activities of a qualified patient or a primary caregiver that are exempt from State licensure pursuant to Business and Professions Code, Section 26033.

11. “Indoor” means any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

12. “Personal cultivation” means cannabis cultivation for a natural person’s own personal use and possession in accordance with this Code and state law, including but not limited to Health and Safety Code Sections 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. “Personal use” also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

13. “Private residence” means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.

14. “Outdoor” means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

C. Personal Cultivation of Cannabis.

1. Indoor Personal Cultivation. The indoor personal cultivation of cannabis is prohibited except in compliance with the following:
a. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence.
b. Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence. c. Persons engaging in indoor cultivation must comply with all State and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, and with Health and Safety Code Sections 11362.1 and 11362.2.
d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the City of Milpitas. e. The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their

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intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.
f. All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure. “Fully enclosed and secure structure” means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

2. Outdoor Personal Cultivation Prohibited. Outdoor personal cultivation of cannabis is prohibited in all zoning districts in the City of Milpitas.

D. Commercial Cannabis Uses.

2. Deliveries. To the fullest extent allowed by State law, the ban on commercial cannabis uses also prohibits the operation of a cannabis delivery service to customers in the City of Milpitas, including those deliveries originating from a physical location outside of the City.

3. This section shall not be construed to prohibit use of the public roads pursuant to Business and Professions Code, Section 26090 or those activities allowed by Section 26054, subdivisions (c) or (d).

E. Public Nuisance; Effect of State Law.

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

© 2023 Thomson Reuters. No claim to original U.S. Government Works. 1 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)
CALIFORNIA 2022 LEGISLATIVE SERVICE
2022 Portion of 2021-2022 Regular Session
Additions are indicated by Text; deletions by
* * *.

Vetoes are indicated by Text ;
stricken material by Text .

CHAPTER 395
S.B. No. 1186
AN ACT to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis.
[Filed with Secretary of State September 18, 2022.]

LEGISLATIVE COUNSEL'S DIGEST
SB 1186, Wiener. Medicinal Cannabis Patients' Right of Access Act.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.

The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis.

This bill would enact the Medicinal Cannabis Patients' Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local

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© 2023 Thomson Reuters. No claim to original U.S. Government Works. 2 jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.

This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last.

To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
<< CA BUS & PROF § 26200 >>
26200. (a)(1) * * * Except as set forth in the Medicinal Cannabis Patients' Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.

(2) * * * Except as set forth in the Medicinal Cannabis Patients' Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.

(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

© 2023 Thomson Reuters. No claim to original U.S. Government Works. 3 (c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030).

(d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state.

Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.

(e)(1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:

(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g).

(B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.

(C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses.

(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events.

(E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.

(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.

(3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately.

Page 591 of 707 ends

CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

© 2023 Thomson Reuters. No claim to original U.S. Government Works. 4 of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).

(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5.

(f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.

(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:

(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.

(2) Cannabis consumption is not visible from any public place or nonage-restricted area.

(3) Sale or consumption of alcohol or tobacco is not allowed on the premises.

(h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.

SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
<< CA BUS & PROF § 26200 >>
26200. (a)(1) * * * Except as set forth in the Medicinal Cannabis Patients' Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.

(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department

Page 592 of 707 ends

CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

© 2023 Thomson Reuters. No claim to original U.S. Government Works. 5 shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030).

(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g).

(B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.

(C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8).

(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events.

(4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

(6)(A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee's retail premises.

(B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.

(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120).

(7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.

(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.

(A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended.

(B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended.

(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.

(2) Cannabis consumption is not visible from any public place or nonage-restricted area.

(3) Sale or consumption of alcohol or tobacco is not allowed on the premises.

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

(i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.

SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:
d. 10 ch. 26 pr. § 26320
Chapter 26. Medicinal Cannabis Patients' Right of Access Act << CA BUS & PROF § 26320 >>
26320. The Legislature finds and declares as follows:

(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.

(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.

<< CA BUS & PROF § 26321 >>
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients' Right of Access Act.

(b) For purposes of this chapter:

(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.

(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.

(3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.

(4) “Regulation” means a local ordinance, regulation, policy, or practice.

<< CA BUS & PROF § 26322 >>

Page 595 of 707 ends

CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

© 2023 Thomson Reuters. No claim to original U.S. Government Works. 8 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:

(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.

(2) The operating hours of medicinal cannabis businesses.

(3) The number or frequency of sales by delivery of medicinal cannabis.

(4) The types or quantities of medicinal cannabis authorized to be sold by delivery.

(5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.

(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:

(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.

(2) Security or public health and safety requirements.

(3) Licensing requirements.

(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.

(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.

(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.

(d) This section shall become operative on January 1, 2024.

<< CA BUS & PROF § 26323 >>

Page 596 of 707 ends

CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

© 2023 Thomson Reuters. No claim to original U.S. Government Works. 9 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:

(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.

(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.

(3) The Attorney General.

(4) Any other party otherwise authorized by law.

(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.

<< CA BUS & PROF § 26324 >>
26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200.

<< CA BUS & PROF § 26325 >>
26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.

SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.

SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Page 597 of 707 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012) Category: Leadership and Support Services
Meeting Date: 11/7/2023
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items (3) Approve recommendations on certain Group 3 items as outlined in the Analysis section of this report.

BACKGROUND:

At City Council meetings, under the Announcements section, Members of the Council request items they would like the full Council to consider. These items are placed on a list for a future Council discussion and action. On January 19, 2021, at a Special City Council meeting, in order to streamline the process, Council provided direction to staff to bring forward individual Council agenda item requests to Council, for prioritization, on a quarterly basis.

On January 10, 2023, City Council approved a City Council Request Prioritization Policy which guides the prioritization process. As part of the January 10, 2023, approval, language was included in this Policy to remove items that had been recommended by prior members of the City Council unless a current City Councilmember chose to sponsor the continuation of those items.

The last prioritization was held on June 20, 2023. Since the beginning of this process, Council has reviewed nearly 200 items. Links to prior prioritization reports and minutes are included under Attachments.

ANALYSIS:

Staff is now bringing forward the next prioritization of items that were requested by Council between June 20, 2023, and October 17, 2023, including the status on items approved previously by Council.

As shown in Attachment 1, a total of 42 items, some of which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:

Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (5 items).

Group 2 – Items that have not been initiated but will require less than 4 hours of staff work (6 items).

Group 3 – Items that are currently underway and/or already included in workplan (18 items).

Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (13 items).

Prioritization Process
There are a total of 13 new items since June 20, 2023. Of these 13 items, five items are in Group 1, six items are in Group 2, and two items are in Group 3.

Page 598 of 707 ends

Similar to the prior prioritization process, the new Group 1 agenda item requests are detailed in Attachment

2. Since these requests have not yet been discussed, staff has made an attempt to identify alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a brief summary, which includes the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from members of the Council sponsoring the request; however, some items may still need additional clarification from the requesting Councilmembers. To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.

For the five Group 1 items, the total annual costs are estimated as follows:

Potential Ongoing Costs Potential One Time CostsItem
Low Range High Range Low Range High Range
CC01 – Charter City
Evaluation* $0 $0 $40,000 $40,000
CC02 – Affordable Housing
Ordinance Change $0 $0 $50,000 $75,000
CC03 – Potential Safe
Parking Site** $0 $0 $30,000 $30,000
CC04 – City Hall Entrance
Public Art $0 $0 $20,000 $40,000
CC05 – International
Festival on Main Street $4,000 $48,000 $0 $0
Total: $4,000 $48,000 $140,000 $185,000
* Costs for CC01 – Charter City Evaluation are for the evaluation process only. They do not include a potential citywide resident survey or the costs of a potential ballot measure. ** Costs for CC03 – Safe Parking is for the Phase I outreach only. If it is decided to implement a Safe Parking Program, additional ongoing and one-time costs would be presented to the City Council at a future date.

Since Group 2 items (see Attachment 1) require less than four hours of staff time, these items can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on this item. For Group 3 items, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. A list of Items completed, postponed indefinitely or withdrawn, are presented as a separate attachment (Attachment 3).

Voting Process
In accordance with the adopted City Council Prioritization Policy, existing staff workload and the number of Group 1 items, staff proposes that the Council prioritize no more than two items.

Round 1
Each member of the Council will be asked to prioritize their top two items from Group 1. Councilmembers will receive hard copies to help them review and complete the preliminary prioritization, and electronic voting will be conducted on mobile devices.

All items receiving three or more votes will move forward. If the number of items receiving three or more votes is two or greater, the prioritization process will be deemed complete. If the number of items is less than two, the remaining items will be prioritized as described in Round 2.

Page 599 of 707 ends

Round 2
In case items receiving three or more votes are less than two in number, Councilmembers will be asked to prioritize the remaining items so as to develop a top two list. Each member of the Council will be given the number of votes equivalent to two minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing one item, one additional item will require prioritization. Therefore, each Member of the Council will be asked to vote on one item. Any item receiving three or more votes will be added to the prioritized list. If the total number of items on the list is one or greater, the prioritization process will be deemed complete.

Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than two, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a round will be eliminated from the subsequent round of voting.

Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion scheduled for September 2023.

Group 3 Items Needing Additional Council Direction
As discussed above, Group 3 items are those that are already underway and/or identified in staff workplans.

There is one Group 3 item that staff is recommending be deemed completed, although the program or project has not necessarily been implemented as originally intended. The below table provides a summary of this recommendation. This recommendation will be deemed as “approved” by Council upon City Council’s acceptance of this report, unless other direction is provided.

Item Recommended
Action
Explanation
CC20: Explore the policy for
locking mechanisms on
shopping carts for large
commercial businesses
Approve closure of
this work item
Given the challenges and potential expenses of
requiring existing owners install locking
mechanisms, staff is recommending closing
this item and focusing efforts on (1) the City of
Milpitas Cart Retrieval Program and (2)
requiring new developments to install locking
mechanisms.

Policy Alternative:

Not applicable
Fiscal Impact:

For four Group 1 items, the total annual ongoing costs are estimated to be $4,000 to $48,000 and one-time costs would range from $140,000 to $185,000. A breakdown of costs per item is included in the analysis section of this report. Based on Council direction, staff will consider prioritized items that require new funding as part of the FY 2024-2025 budget process.

California Environmental Quality Act:

This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed, any project scope and potential environmental analysis would be speculative at this time, and future environmental analysis will be conducted for the potential projects prior to the City making any commitment or approval of any project.

Page 600 of 707 ends

Recommendation:

1. Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced.

2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.

3. Approve recommendations on certain Group 3 items as outlined in the Analysis section of this report.

Attachments:

1. List of Councilmember Agenda Item Requests

2. Information on Group 1 items

3. List of Completed, Postponed Indefinitely, or Withdrawn Items

4. Links to Prior Prioritization Reports and Minutes
• March 16, 2021 Agenda and Minutes
• August 9, 2021 Agenda and Minutes
• January 11, 2022 Agenda and Minutes
• May 3, 2022 Agenda and Minutes
• September 6, 2022 Agenda and Minutes
• February 7, 2023 Agenda and Minutes
• June 20, 2023 Agenda and Minutes

Page 601 of 707 ends

Attachement 1
List of Councilmember Agenda Item Requests
No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
1 Charter City Evaluation Phan 9/5/2023 Yes City Manager, City Attorney
Governenace &
Administration
November 2023 update: see attached writeup
2 Affordable Housing Ordinance Change Montano 9/5/2023 Yes Housing Neighborhoods & Housing
November 2023 update: see attached writeup
Projects and Programs
3 Potential Safe Parking Site Montano 6/20/2023 Yes Housing Neighborhoods & Housing
November 2023 update: see attached writeup
4 City Hall Entrance Public Art Montano 9/5/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
November 2023 update: see attached writeup
5 Main Street International Festival Lien 10/3/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
November 2023 update: see attached writeup
Miscellaneous
None
Group 2 – items that have not been initiated but will require less than 4 hours of staff time 6 Evaluation of Milpitas Sports Center for additional indoor pickleball location
Chua 8/2/2023 No Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 update: Staff will perform this preliminary evaluation by November 2023 and provide the response in an email to the Mayor and City Council.
7 Evaluation of Facilities that are not named and CIP
Program Update
Phan 9/19/2023 No City Manager Community
Wellness & Open
Space
November 2023 update: Staff will develop an informational memorandum regarding the naming of faclities, including un-named current and future facilities. Additionally, staff will (1) continue to include capital project status in weekly reports to the Mayor and City Council and (2) Include a status of capital projects in the upcoming Capital Improvement Program study session in early 2024.
8 Explore Ordinance for Residential Home Solicitors Barbadillo 10/3/2023 No City Attorney Public Safety November 2023 update: The City Attorney's Office will review options and provide the City Councilmembers with briefings. If these briefings result in a desire for a more thorough review or work effort, staff suggests that this item be prioritized at a future city council prioritization meeting. 9 Retail Theft: Provide review of what is being worked on locally versus State
Barbadillo 10/3/2023 No Police Public Safety November 2023 update: The Police Department will review options and provide the City Councilmembers with briefings. If these briefings result in a desire for a more thorough review or work effort, staff suggests that this item be prioritized at a future city council prioritization meeting. 10 Provide Information on City's Grey Water Rebate
Program and Options
Montano 10/17/2023 No Public Works Environment November 2023 update: The City of Milpitas currently partners with Valley Water to match Valley Water's existing $200 homeowner rebate for grey water system installation with an additional $200 for a total potential rebate of $400. Current participations from City of Milpitas residents in this program is very low due to the expense and return of investment on a grey water system, as opposed to the more popular lawn conversion rebate programs. Staff will provide an informational memorandum to the Mayor and City Council with further details on this program.

Page 1 of 6 ends

Page 602 of 707 ends

Attachement 1
List of Councilmember Agenda Item Requests
11 Police Chief to have staff complete analysis if, working with the County, it would be beneficial to have a location where residents can pickup Narcan
Chua 9/5/2023 No Police Public Safety November 2023 update: Staff will provide an update on this analysis to the Mayor and City Council by the end of 2023.

Group 3 - Items that are currently underway and/or already included in workplan 12 City Employment Job Fair at City Hall Chua 5/2/2023 No Human Resources Governenace & Administration
November 2023 update: Staff will coordinate with an upcoming community event to staff a table to promote employement opporutnities within the City of Milpitas.

June 2023 update: Staff is evaluating synergies with existing Economic Devlopment 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.

13 Look into possibility of Senior citywide discount from all Milpitas businesses.

Barbadillo 2/7/2023 Yes City Attorney/City
Manager
Community
Wellness & Open
Space
November 2023 update: Staff have begun preliminary investigation into alternatives and staff anticipates being able to frame potential options and next steps more thoroughly by early 2024.

June 2023 update: see attached writeup
14 Satellite Consulate Office Montano 2/28/2023 Yes Economic Development Economic Development &
Job Growth
November 2023 update: The Office of Economic Development is coordinating with the Recreation & Community Services team and the Phillippine Consulate General (San Francisco) to coordinate an outreach event at the Milpitas Community Center. The current target date for this outreach is a Saturday in January 2024.

June 2023 update: see attached writeup
15 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022 Yes Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 update: Staff is conducting a Teen Center User Survey with the teens of Milpitas ages 12 - 18. Feedback from this survey is anticipated to be completed by mid November 2023.

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.
16 City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city.

Chua 8/9/2022 Yes City Manager/Economic
Development/Public
Works/Engineering
Economic
Development &
Job Growth
November 2023 udpate: Staff presented in August to the Economic Devleopment and Trade Commission. Feedback was received regarding the need for more thorough metrics regarding current local business partipation and goals of the program.

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 at the next avaialble date. 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.

No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

Page 2 of 6 ends

Page 603 of 707 ends

Attachement 1
List of Councilmember Agenda Item Requests
17 Discuss converting vacant lot that was a basketball court into a community garden at Vasona and Adobe.

Montano 8/16/2022 Yes Recreation & Community
Services/Engineering
Community
Wellness & Open
Space
November 2023 update: As the survey was completed, this item is on hold pending potential future capital budget allocation.

June 2023 update: 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 at the next priority setting meeting.

There is currently no budget
allocation for improvements to
this area. Should the City Council
want to move forward with this
priority request in response to
survey input, direction on the
type of improvements are
needed so staff can conduct an
estimate of costs for those
improvements and present this
in a future budget process.
18 Police Substation Feasibility Analysis in Metro Area Montano 2/28/2023 Yes Engineering Public Safety November 2023 update: Feasibility study for PD substation on City Parcels 2 and 3 at Main Street is underway. An informational memorandum with costs developed in the study is planned to be released in October or November 2023.

Prior update: Feasibility study for PD substation on City Parcels 2 and 3 at Main Street is underway and is anticipated to be completed by December 2023. Staff is also exploring alternative location for the substation. 19 Pickleball Pilot Project Chua 2/28/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
November 2023: Staff is currently engaged in a communtiy outreach process to determine the potential uses of the City Council allocated $100,000 to create a permanent pickleball opportunity in Milpitas. Staff anticipates returning to the City Council with a recommendation on this prior to the end of 2023. *Recently the tennis community has engaged of the tennis around this project topic, and so staff anticipates returning to City Council with a recommendation after the first of the year.* June 2023 update: The Pickleball Pilot program concludes at the end of July.

Due to it's documented success, City Council has provided budget allocations of $100,000 for permanent pickleball courts. Until such time as the court system(s) are in place, pickleball will continue as operating at Hall Park Tennis Courts and Gill Park Handball courts. Additionally, staff will work to phase out Pickleball at the Browne Tennis Courts, based on feedback by City Council at the approval of the Pickleball Pilot Program. 20 Main Street Infrastructure Projects Montano 2/28/2023 Yes Engineering Transportation & Transit
November 2023 update: As part of the 2023 Federal appropriations process, $500,000 of the requested $2.1 million was received for the Main Street lighting project. Staff will work with federal and state represenatives to review options for use of this funding over the next several months (often it takes several months after the budget is passed in order for staff to be able to work with the Federal Agency repsonsible for use of funds received).

Prior update: As part of the 2023 State and Federal appropriations processes, both State Assemblymember Alex Lee and Federal Represenative Ro Khanna have requested funding for Main Street infrastructure improvements. Further information on whether these appropriation requests are apporved will be avaialble in late 2023.

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Attachement 1
List of Councilmember Agenda Item Requests
21 Main Street Flooding at Library Chua 2/28/2023 Yes Public Works Environment November 2023 update: Staff is reviewing the Technical Memo regarding removal of the weir wall at the Wrigley Ford Pump Station. Once confirmed there would be no adverse impacts to the pump station/trash rack operations, staff will schedule construction to remove the weir wall.

June 2023 update: Staff will continue to explore short-term mitigation as part of the FY 23/24 CIP program. Funds have been budgeted in FY 23/24 for the possible replacement/removal of the flap gate, should that be determined to be a viable option. Furthermore, three very small CIPs to address existing undersized pipes have been identified in the Downtown Specific Plan area which could improve flow. Those will be investigated as well in FY 23/24.
22 Create a plan for future solar paneling at City facilities Montano 3/1/2022 Yes Public Works Environment November 2023 update: Staff have recieved word that our request for Federal funding for this project was not selected to move forward. Staff are continuing to look for other sources of funding or other grants for the Public Safety/Public Works solar/battery microgrid project.

June 2023 update: As part of the 2023 Federal appropriations process, the City has requested for funding for solar panels and a microgrid system at the Police, Public Works, IT Building. Both Senators Feinstein and Padilla have moved this request to the Federal appropriations committee. Further information on whether this request receives funding will be available in late 2023.

Prior Updates: As discussed with the City Council at the 1/31/2023 Budget Study Session, staff will continue to explore grant opportunities to install additional solar panels on City facilities. However, staff will only proceed with further development if this grant funding is identified so work (other than reviewing grant opportunies) is on hold at this time. Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at the 5/03/2022 meeting; Discussed at the May 10 budget meeting and approved funding of $25,000 in the 2022-23 budget. Discussed at 1/31/2023 Budget Study Session, Council directed staff to seek grant funding to move this item forward.

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Attachement 1
List of Councilmember Agenda Item Requests
23 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Public Safety November 2023 update: The City has seen a reduction of auto burglaries in City of Milpitas shopping centers. Police will continue to collaborate with those shopping centers and business owners that are receptive and will continue to conduct proactive patrols of shopping centers, and will continue to work with regional law enforcement partners by sharing information and working together to identify and arrest criminals affecting our retail sites.

June 2023 update: Security measures can be mandated for new or renevating 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.

Prior updates: CAO conducting legal review of policies requring businesses to hire security/install cameras . Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September
Additional Staff Resources and
Funding Needed
24 Evaluate reopening the childcare center with a non-profit organization running the center
Montano 2/1/2022 Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 update: City staff have performed preliminary evaluations of the Sal Cracolice and Milpitas Communtiy Center Facilities. Based on these preliminary evaluations, significant challenges would likely deter the improvements required to become a licensed childcare facility. However, as a next step, staff will be reaching out to a non profit partner and/or the Santa Clara County Office of Education to receive a third party opinion on staff's preliminary evaluation.

June 2023 update: Staff are currently working on this request, identifying the improvements to the Sal Cracolice Recreation Facility that would be required for a licensed childcare provider to operate in the building.

Prior updates: 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 Discussionon 5/03/2022.
25 Have a picture of Albert Vogel Sr. put up in the Senior Center & Include Maria Lemire on the Mural in front of
the Senior Center
Montano 10/19/2021 &
8/17/2021
Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 udpate: At this time, staff is proceeding with the original city council approved names - Maria Lemery and Albert Vogel - to add to the mural. Additional names would require City Council direction.

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 Souza to this request.

Prior updates: No additional funding needed. Need final names from City Council. . Approved to move forward at the 1/11/2022 Council meeting; Staff engaged the artist of the existing mural regarding this Council approved item.

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Attachement 1
List of Councilmember Agenda Item Requests
26 Memorial Plaque in honor of youth skateboarder that
passed away
Montano 6/7/2022 Recreation & Community
Services
Community
Wellness & Open
Space
November 2023: Staff will reach out to the family in Fall to start the process to identify the location and plaque wording.

June 2023 update: This request was approved as part of the FY23-24 Budget. Staff will begin working with the family in Fall 2023.

Prior update: At the January 31 2023 City Council budget hearing, City Council votes to consider this item in the FY 2023-24 budget development. .

Item will be brought forward as part of the next City Council additional workplan items prioritization in August/September .
27 Present Quarterly or Monthly crime statistics on the Homekey Project
Chua 6/7/2022 Housing Neighborhoods &
Housing
November 2023 update: In September 2023, the the City and project partners began a monthly stakeholder meeting on this topic.

Prior update: Next presentation is scheduled for June 20, 2023 City Council meeting. Quarterly reporting started in August 2022.
28 Staff to create a plan on how to increase the number of local businesses doing business with the City
Chua 4/6/2021 Economic Development Economic
Development &
Job Growth
November 2023 update: See update to prior item titled "City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city."
Prior updates: See update to prior item titled "City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city." At the 8/9/2021 Council meeting, Council voted that this item may have to come back for additional discussion because there may be some legal considerations. City Attorney to weigh in. 29 Staff to look into mural Art on Great Mall Parkway on the VTA owned Light rail pillars
Montano 11/16/2021 Recreation & Community
Services
Community
Wellness & Open
Space
November 2023 update: Staff are proceeding with this project. Next steps are finalizing the license agreement with the Valley Transportation Authority and outreach to potential artists.

June 2023 update: Staff was able to meet with and get approval from VTA in May 2023. Staff are currently completing the appropriate permits associated with this project for VTA approval. Monies for this project are available in the Public Art Fund.

Prior updates: VTA is not responsive to requests from the City to meet on this project. A discussion on other locations or projects with Council may be needed. . Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved at the 5/03/2022 meeting; discussed funding at the 5/10/2022 budget meeting and approved $100,000 of funding for only one site.

Group 4 – items that have been completed, postponed indefinitely, or withdrawn since last City Council update No. Topic
Requested
By
Date
Requested
Requires more than 4
hours of additional
staff time Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs

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Attachment 2 – City Council Referral #01 Charter City Evaluation (requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

Ordinances and Policies, CC01 Charter City Evaluation Councilmember Anthony Phan
Lead Department/Office Supporting Department(s)/Office(s) City Manager’s Office City Attorney’s Office
Council Priority Areas Estimated Completion Date Estimated Cost $40,000 (initial outreach)
Funding Needed
Governance & Administration TBD (1 year from start)
$40,000 (initial outreach)
Description of Required Work Effort
In 2001, the City of Milpitas completed a Citizen Task Force led effort to evaluate becoming a Charter City. In order to evaluate the potential of becoming a Charter City, staff suggests that a similar process be undertaken. This would include a three phased approach including (1) organize; (2) gather information and (3) develop recommendations. Staff anticipates that the entire process would take approximately 1 year from the start date and take approximately 20% of a management level staff member’s time.

Status Update as of November 2023
No work has been completed on this at this time, however, reference information is provided in the “other considerations” section of this report with information on the November 6, 2001 City Council meeting where this was discussed.

Council Clarification/Further Direction Requested
If the City Council elects to proceed with this City Council priority item, any feedback that the City Council may provide regarding the primary reasons for wanting to investigate becoming a Charter City would be beneficial to staff as further research is performed on this topic.

Other Considerations
Past City of Milpitas Work Effort
The City of Milpitas formed a Charter City Task Force of 11 residents in the year 2000 to evaluate becoming a Charter City. The Task Force process took 17 months to complete. On November 6, 2001 the Charter City Task Force reported out to the Mayor and City Council. The Task Force recommended that the City should not pursue becoming a Charter City and this recommendation was accepted by the City Council. A copy of the Task Force’s final report as well as the minutes from the November 6, 2001 City Council meeting are included as attachments to this update.

Additional references

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Attachment 2 – City Council Referral #01 Charter City Evaluation (requires more than 4 hours of staff time)
The League of California Cities website indicates that there are currently 121 Charter Cities in the State of California as listed here: https://www.cacities.org/UploadedFiles/LeagueInternet/6b/6bbb4ee3- 88f9-4d8f-93ad-0075a7b486c4.pdf
The following weblink provides a resource from the California League of Cities on comparing a General Law City to a Charter City. It should be noted that the date that this document was created is unclear so it may not reflect current laws, however it provides a general overview:
https://www.cacities.org/UploadedFiles/LeagueInternet/7b/7b4af40b-c2d6-4584-8fe5- ffe97f2d23ec.pdf

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Attachment 2 - CC01 (continued)

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Attachment 2 - CC01 (continued)

Page 670 of 707 ends

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Milpitas City CouncilNovember 7, 2023

Milpitas City Council
November 7, 2023