Milpitas City Council
December 5, 2023

Revenue Categories Adopted Budget Amendments Grants C/O Amended Budget Receipt Outstanding % Receipt Receipt
9/30/2022
% Receipt
9/30/2022
Charges for Services 33,748,979 0 0 33,748,979 8,711,103 25,037,876 25.8% 8,427,005 25.4% Intergovernmental 0 0 0 0 0 0 0.0% 0 0.0%
Licenses, Permits & Fines 0 0 0 0 0 0 0.0% (56,390) 0.0% Other Revenues 0 0 0 0 7,432 (7,432) 0.0% 8,018 0.0%
Use of Money and Property 428,455 0 0 428,455 105,954 322,501 24.7% 41,118 11.1% Grand Total 34,177,434 0 0 34,177,434 8,824,489 25,352,945 25.8% 8,419,752 25.1% Expenditures by Department Adopted Budget Amendments Grants C/O Encumb. C/O Amended
Budget Expenditure Encumbrance Total YTD Exp.
% of Amended
Budget
Total YTD Exp.
9/30/2022
% of Amended
Budget
9/30/2022
City Attorney 9,000 0 0 0 9,000 0 0 0 0.0% 0 0.0%
City Manager 9,167 0 0 0 9,167 0 0 0 0.0% 0 0.0%
Finance 1,097,356 0 0 11,647 1,109,003 215,822 77,692 293,514 26.5% 299,319 26.5% Non-Departmental 24,839,144 0 0 4,753 24,843,897 3,557,534 20,422,794 23,980,328 96.5% 22,433,915 95.5% Public Works 4,993,205 0 0 20,534 5,013,739 1,070,735 105,825 1,176,560 23.5% 1,208,540 27.1% Transfers In/Out/Revenue 2,869,298 0 0 0 2,869,298 0 0 0 0.0% 671,848 25.0% Grand Total 33,817,170 0 0 36,934 33,854,104 4,844,091 20,606,311 25,450,402 75.2% 24,613,622 77.5% Revenue Categories Adopted Budget Amendments Grants C/O Amended Budget Receipt Outstanding % Receipt Receipt
9/30/2022
% Receipt
9/30/2022
Charges for Services 23,539,248 0 0 23,539,248 5,819,428 17,719,820 24.7% 6,059,243 24.7% Intergovernmental 0 0 0 0 0 0 0.0% 0 0.0%
Licenses, Permits & Fines 0 0 0 0 1 (1) 0.0% (32,114) 0.0% Other Revenues 0 0 0 0 -134 134 0.0% 39,282 100.0%
Use of Money and Property 286,967 0 0 286,967 58,508 228,459 20.4% 28,396 13.8% Grand Total 23,826,215 0 0 23,826,215 5,877,803 17,948,412 24.7% 6,094,807 24.6% Expenditures by Department Adopted Budget Amendments Grants C/O Encumb. C/O Amended
Budget Expenditure Encumbrance Total YTD Exp.
% of Amended
Budget
Total YTD Exp.
9/30/2022
% of Amended
Budget
9/30/2022
City Manager 9,167 0 0 0 9,167 0 0 0 0.0% 0 0.0%
Engineering 0 0 0 0 0 0 0 0 0.0% 0 0.0%
Finance 670,509 0 0 11,647 682,156 117,503 77,692 195,195 28.6% 226,949 31.1% Non-Departmental 11,223,018 0 0 23,458 11,246,476 2,649,620 5,623,675 8,273,295 73.6% 7,541,412 72.1% Public Works 3,643,288 0 0 72,451 3,715,739 638,080 101,936 740,016 19.9% 846,329 21.0% Transfers In/Out/Revenue 1,503,623 0 0 0 1,503,623 0 0 0 0.0% 361,049 25.0% Grand Total 17,049,605 0 0 107,556 17,157,161 3,405,203 5,803,303 9,208,506 53.7% 8,975,739 53.9% City of Milpitas
Water and Sewer Financial Status
For Fiscal Year-To-Date September 30, 2023 (unaudited)
Water Fund
Sewer Fund

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Reviewing and Accepting the Annual Development Impact Fee Annual Report for the Calaveras Boulevard Widening Traffic Impact Fee, the Transit Area Specific Plan (TASP) Impact Fee, and the Storm Drain Fee for the Fiscal Year Ended June 30, 2023 (Staff Contact: Lauren Lai, Finance Director, 408- 586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 12/5/2023
Recommendation: Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2023.

Background:

California Government Code Section 66000 et seq. (“Mitigation Fee Act”) requires local agencies to provide an accounting of fees charged for development projects. The City has two basic accounting and reporting responsibilities under the Government Code. Section 66001(d) requires that, five years after collecting a development fee subject to this Code section and every five years thereafter, the local agency shall make findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. If the required findings are not made, the unexpended funds shall be refunded to the current property owners.

Five-year findings must:

1. Identify the purpose of the fee;

2. Demonstrate a reasonable relationship between the fee and the purpose for which it was charged;

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and

4. Designate the approximate dates on which these funding sources can be expected to be deposited into the appropriate account or fund.

When sufficient funds have been collected to complete financing on incomplete public improvements, the local agency has 180 days to identify an approximate date by which the construction of the public improvement will begin or else is required to refund the unexpended fees, including accrued interest, to the current owner of lots or units of the development project.

For Fiscal Year ending on June 30, 2019, the City reported its last Five-Year findings for the remaining unexpended fee proceeds for the Calaveras Blvd Widening Traffic Impact Fee, and Transit Area Specific Plan Impact Fee. The City will need to report the next Five-Year findings report for Fiscal Year ending on June 30, 2024.

The second requirement set forth under Government Code Section 66006(b)(1)* provides that each local agency is required on an annual basis, within 180 days after fiscal year end, for each separate account, to make available to the public the following information:

1. Brief description of the type of fee in the account;

2. The amount of the fee;

3. The account’s beginning and ending balance;

4. The amount of fees collected and the interest earned;

5. A description of the improvements on which the funds were expended and the amount expended on each improvement including the percentage of the improvement funded with development fees;

6. An approximate date by which the construction of a public improvement will begin if the local agency determines that sufficient funds have been collected to complete financing on the incomplete improvement;

7. A description of each inter-fund transfer or loan made from the account; and

8. The amount of any refunds or allocations made pursuant to Code Section 66001.

The City deposits impact fees subject to the above disclosure in the Calaveras Boulevard Widening Traffic Impact Fee Fund, Transit Area Specific Plan (TASP) Impact Fee Fund, and Storm Drain Development Fund to track these development related fees. Interest income is allocated to these funds based on their respective monthly cash balances. Expenditures from these funds were in the form of capital improvement projects to either renovate existing facilities or maintain the existing level of service, consistent with the General Plan and approved Capital Improvement Plan, due to increased demand related to the development projects.

Analysis:

Annual reports (included in the agenda packet) summarize the Fiscal Year 2022-2023 fund activity for Calaveras Boulevard Widening Traffic Impact Fee (Exhibit 1); Transit Area Specific Plan (TASP) Impact Fee (Exhibit 2); and Storm Drain Development Fee (Exhibit 3). The reports show the amount of fees collected in fiscal year 2022-2023, interest income, a brief description of the projects funded, the percentage of the projects funded by the development fees, and the beginning and ending balance of the funds. The table below shows the beginning fund balance, revenues received, expenditures and ending fund balance for each impact fee for Fiscal Year 2022-2023. The plan to expend the funds available in ending fund balances for the various fees is outlined in the attached reports. For the TASP Impact Fee, for example, the unexpended fee proceeds will be used to fund necessary infrastructure (e.g.: A community center/recreation facility, a park, Montague Expressway widening) as identified in the Transit Area Development Impact Fee Report and the City’s Capital Improvement Program 2023-2027 Final Report.

FY 2022-23 Calaveras Blvd
Widening
Traffic Impact
Fee
TASP Impact Storm Drain
Development*
Beginning Fund
Balance
$80,710 $45,838,875 $1,273,204
Revenues 4,297 1,419,309 416,873
Expenditures 0 (3,864,485) 3,844
Loan Payment** 0 174,390 0
Ending Fund
Balance
$85,007 $43,568,089 $1,686,233
*Annual reporting for the Storm Drain Fee is subject to Government Code Section 66013, however those reporting requirements are substantially similar to the annual reporting requirements under Government code section 66006 and are referred to collectively here for convenience.
**Payment received for Loan to Piper Montague Infrastructure Plan (PMIP) Fund.

Policy Alternative:

Alternative 1: Do not adopt the resolution and accept the annual development impact fee disclosure information.

Pros: There are no pros to not adopt the resolution and accept the annual development impact fee disclosure information.

Cons: Not adopting the resolution and accepting the annual development impact fee disclosure information will violate the Mitigation Fee Act.

Reason not recommended: None

Fiscal Impact:

Aside from the staff time to prepare this annual report, there is no fiscal impact to receive the report.

California Environmental Quality Act:

The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

Recommendation:

Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2023.

Attachment:

Resolution including Annual Reports as Exhibits

1 Resolution No. ___
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS REVIEWING AND ACCEPTING

ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE INFORMATION FOR THE CALAVERAS

BOULEVARD WIDENING TRAFFIC IMPACT FEE, THE TRANSIT AREA SPECIFIC PLAN IMPACT FEE AND THE STORM DRAIN FEE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66006 and 66013
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Milpitas (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.) the City Council established, adopted, and imposed a Calaveras Boulevard Traffic Impact Fee, a Transit Area Specific Plan (“TASP”) Impact Fee and a Storm Drain Fee (collectively, the “Fees”); and WHEREAS, the City has deposited all Fees in separate non-commingled funds (“Funds”) established for such a purpose; and
WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual accounting information (“Annual Report”) required by the Mitigation Fee Act related to each of the Fees; and
WHEREAS, the City has mailed notice at least fifteen (15) days prior to this meeting to all interested parties who have requested notice of any meeting relative to the City’s imposition of the Fees and has held a duly noticed, regularly scheduled public meeting at which oral and written testimony was received regarding the Annual Reports at least fifteen (15) days after the City made this information publicly available.

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

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

2. In accordance with Government Code Section 66006(b) and Section 66013, the City Council has reviewed and approves the Annual Reports for each of the Fees, which are attached to this Resolution as Exhibits 1-3, and are also placed on file with the City Clerk. The Council, based upon the information contained in the Annual Report and the remaining need for the unexpended funds, finds as follows:
a. That each of the Annual Reports describe the types of Fees contained in each of the Funds, including the amount of the fees, the beginning and ending balance of the Funds, as well as the amount of fees collected, and the interest earned thereon. b. That each of the Annual Reports identifies each public improvement on which the Fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the Fees. c. That there were interfund transfers or loans made from the Funds, as noted. d. That sufficient funds have not been collected to complete the financing of any incomplete public improvement, and that there were no refunds or allocations made of the Fees.

3. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees.

2 Resolution No. ___
PASSED AND ADOPTED this __________day of ___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

3 Resolution No. ___
City of Milpitas
Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2023
Exhibit 1
Calaveras Boulevard Widening Traffic Impact Fee
Description:

In order to implement the goals and objectives of the City of Milpitas General Plan and to mitigate the traffic impacts caused by new development in the City of Milpitas, certain roadways such as Calaveras Boulevard must be widened.

Fee:

The amount of the fee as of June 30, 2023 was as follows:

Area Covered Type of Dwelling Amount
Citywide except TASP to widen
Calaveras Boulevard
Residential 5 or
more units
$278 per dwelling unit
Retail
Development of
1,000 or more
square fee
$1,184 per thousand square
feet
Office
Development of
1,000 or more
square feet
$588 per thousand square feet
Other Uses A focused nexus study will be
required

4 Resolution No. ___
Exhibit 1- continued
Calaveras Widening Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year 2022-2023
Fees collected and interest earned:

Revenues
Traffic Fees $ 3,407
Interest 890
Total Revenues 4,297
Excess/(deficiency) of revenues over/ 4,297
(under) expenditures
Beginning and ending balance:

Fund Balance, beginning of year 80,710
Fund Balance, end of year $85,007
Inter-fund transfer or loan made description:

None
Refunds made from surplus fees and amount of any allocations made:

None

5 Resolution No. ___
Exhibit 2
Annual Report for the Transit Area Specific Plan (TASP) Impact Fee Fiscal Year ended June 30, 2023
Description:

Based on Resolution No. 8344 Exhibit A Transit Area Development Impact Fee Update Report prepared by Economic & Planning Systems, Inc., dated February 2014, the purpose of the Transit Area Specific Plan Impact fee is to fund the planning and development (as described in the Report) of an approximately 437-acre area in the southern portion of the City near the Great Mall shopping center to support more residents and workers with appropriately scaled utilities, parks, community facilities, and roadways.

Fee:

The amount of the fee as of June 30, 2023 was as follows:

Type of Dwelling Amount
Residential $47,550 per unit
Retail $31.11 per square foot
Office $53.46 per square foot

6 Resolution No. ___
Exhibit 2- Continued
Transit Area Specific Plan (TASP) Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year 2022-2023
Fees collected and interest earned:

Revenues:

TASP Impact Fees $ 728,766
Interest 690,543

Total Revenues 1,419,309
Fees expended on public improvement (See table for % of cost funded with fees):

Expenditures:

1. CP 2006 - Transit Area Specific Plan Update (DB44) (134,636)*

2. CP 2010 – Land/Right-of-Way Value Determination 9,000

3. CP 2016 – S. Milpitas Blvd. Veh. Bridge at Penitencia 700,000

4. CP 2018 – Montague Ped. Overcrossing at Penitencia 2,490,000

5. CP 2019 – (Rmb) TASP Recycled Water Distribution 300,000

6. CP 2022 - Feasibility of POCs at VTA Light Rail Platforms (56,221)*

7. CP 3469 – Metro Impact Fee Study 150,000

8. CP3490 – Capital Improvement Program Administration 144,000

9. CP5115 – Parks and Recreation Master Plan Update (16,168)*

10. S. Milpitas Blvd Railroad Crossing Reconstruction and Widening Improvements 242,000

11. TASP Plan Administration Expenses 36,512
Total Expenditures 3,864,485
Excess (deficiency) of revenues over
(under) expenditures (2,445,176)

Payment received for Loan to Piper Montague Infrastructure Plan (PMIP) fund 719,142
PMIP refund to Pulte and SCS (498,008)
Pulte Homes PJ Invoices (46,744)
Beginning and ending balance:

Fund Balance, beginning of year 45,838,875
Fund Balance, end of year $43,568,089
*Capital Improvement Project returned funds back to the TASP fund.

7 Resolution No. ___
CIP/Item
Number and Title
Project Description % of the project
funded with
development fees
Construction
Commencement
Date
CP 2006 - Transit
Area Specific Plan
Update (DB44)
The Transit Area Specific Plan (TASP) was approved in
2008. There have been minor amendments to TASP
focused primarily on individual properties, but no
comprehensive evaluation of the plan and the effectiveness of its implementation has been made. Approximately 95%
of the housing planned and cleared under CEQA for the
area have been entitled or constructed. Approximately
50% of retail uses and none of the office have been
developed. An evaluation of development projects
proposed, entitled, or constructed; processes and
regulations for development; changes to the land use
diagram; and remaining development capacity should be
undertaken. This project will include an update to the
TASP EIR to provide environmental clearance for
additional residential development.
100% N/A
CP 2010 -
Land/Right-of-Way
Value Determination
This project provides for the annual evaluation and
determination of land and right-of-way fair market values within the City for the purpose of updating development fee calculations such as the park-in-lieu fee.
100% 2019
CP 2016 - S.

Milpitas Blvd.

Vehicle Bridge at
Penitencia
This project provides for design and construction of a
vehicular bridge over Penitencia Creek at the end of the new S. Milpitas Blvd. Extension. The vehicular bridge is part of the Transit Area Specific Plan (TASP) circulation infrastructure improvement to provide vehicular, bicycle and pedestrian connectivity between TASP developments,
Milpitas BART station, Great Mall and surrounding
residential developments.
100% Design only.

Construction has
not yet started.

CP 2018 - Montague
Ped. Overcrossing at
Penitencia
This project provides for design and construction of a
pedestrian overcrossing (POC) over Montague Expressway
at the east levee of Penitencia Creek. The pedestrian
overcrossing is part of the Transit Area Specific Plan
(TASP) circulation infrastructure improvement to provide safe and convenient pedestrian connectivity between TASP residential developments, schools, parks, Great Mall, and the BART Station.
100% Design only.

No funding for
construction yet.

CP 2019 - (Rmb)
TASP Recycled
Water Distribution
The project provides reimbursement to developers for the construction of recycled water system extension in the
Transit Area Specific Plan (TASP) area. This project is the City’s effort to diversify the water supply system and offset the use of potable water with recycled water mainly for irrigation purposes. New mains will be installed along Great Mall Parkway, East Capitol Avenue, Montague
Expressway, South Milpitas Boulevard, McCandless Drive, Sango Court, Tarob Court, and the Piper/Montague
subdistrict.
100% 2019
CP 2022 -
Feasibility of POCs
at VTA Light Rail
Platforms
The project provides for a feasibility study to determine the possibility of constructing pedestrian overcrossings (POC) at Valley Transportation Authority (VTA) Light Rail
Platforms over eastbound lanes of Great Mall Parkway near South Main Street and E. Capital Avenue near S. Milpitas Blvd.
100% N/A

8 Resolution No. ___
CP 3469 - Metro
Impact Fee Study
This project provide for the preparation of an impact fee nexus study for infrastructure needs in the Milpitas Metro Specific Plan (update of the 2008 TASP) planning area.
100% N/A
CP 3490 - Capital
Improvement
Program
Administration
This project provides for the annual preparation of the Capital Improvement Program. Work includes program
administration, printing, and software programming
assistance.
20% N/A
CP 5115 - Parks and
Recreation Master
Plan Update
This project provides for an update to the 2008 Parks and Recreation Master Plan to include Transit Area Specific Plan (TASP) Parks, Midtown Parks, and City recreational facilities. The update will include an existing conditions assessment study of all parks and recreation facilities, public engagement and outreach, strategic plan to provide high-quality accessible parks and recreation facilities, programing and growth assessment analysis and plan for
future growth in the City.
50% N/A
8 South Milpitas Blvd Railroad Crossing Reconstruction
and Widening Improvements.
100% 2016
9 TASP Plan Administration Expense 100% N/A
Inter-fund transfer or loan made description:

None
Refunds made from surplus fees and amount of any allocations made:

None

9 Resolution No. ___
Exhibit 3
Annual Report Storm Drain Fee
Fiscal Year ended June 30, 2023
Description:

Prior to connection or discharge to any storm drain facility from a new development project, developers shall pay City a fee for connection/discharge to the City’s storm drain system (Municipal Code XI-16-16). The purpose of the storm drain fee is to fund facilities necessary to provide storm drain services, and revenues derived from the fee imposed by the City shall be used solely for that purpose.

Fee:

The amount of the fee as of June 30, 2023 was as follows:

Type of Dwelling Parcel Size Per Parcel Fee
Connection Fees
Single-family medium density Equal or smaller than
8,710 square feet $1,100
Single-family low density Between 8,711 and
43,560 square feet $1,916
Single-family Between 1 acre and 4
acres
$3,594
Single-family Between 4 acre and 9
acres
$4,792
Single-family Greater than 9 acres $6,469
Multiple-family $16,771 per acre
Commercial, industrial, institutional,
or mixed use sites $21,562 per acre
Schools with athletic fields $7,187 per acre
Parks $4,792 per park

10 Resolution No. ___
Exhibit 3- continued
Storm Drain Development Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year 2022-2023
Fees collected and interest earned:

Revenues:

Connection Fees $164,259
Funding returned from closed project CP 3700 202,345
Interest 50,269
Total Revenues 416,873
Expenditures:

Unused funding returned to General Government CIP for
closed project CP 3713 3,844
Excess (deficiency) of revenues over
(under) expenditures 413,029

Beginning and ending balance:

Fund Balance, beginning of year 1,273,204
Fund Balance, end of year $ 1,686,233
CIP Number Project Description
% of the project
funded with
development
fees
Construction
commencement
Date
Status
Of
Project
CP 3700 –
Wrigley-Ford
Creek
Rehabilitation
This project provides for dredging and removal of
debris and maintenance work at Wrigley-Ford
Creeks. The work required permits from the Army
Corp of Engineers (ACOE) and the Regional
Water Quality Control Board (RWQCB) for
wetland and riparian restoration.
100% 2008 Closed
CP 3713 –
Trash
Removal
Devices
The project provides for the installation of trash
removal devices within the City's storm water
collection system. Proposed work includes design
and installation of two devices.
70% 2016 Closed
Refunds made from surplus fees and amount of any allocations made:

None

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Site Development Permit and PUD Amendment Permit to Develop a New One-and-a-Half Story Single-Family Residence and to Deviate from the Approved Designs, on a Vacant 1.1-acre Lot Located in the R1- H Single-Family Residential Zoning District with a Hillside Combining District at 1321 Terra Vista Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Category: Consent Calendar-Community Development
Meeting Date: 12/5/2023
Recommendation: Consider the exemption in accordance with CEQA and adopt a resolution approving Site Development Permit No. SD22-0013 and Planned Unit Development Amendment No. PA23-0001 to allow the development of a new single-family residence at 1321 Terra Vista Court, subject to the attached Conditions of Approval.

BACKGROUND:

On November 17, 1992, the City Council approved Planned Unit Development (PUD) No. 68 (Countryside Estates) to allow the construction of six hillside residential home sites on a 24.5-acre parcel. Each home site would be reviewed separately under the provisions of an “S” Zone Application or Site Development Permit and subject to a precise building envelope established by the PUD. To date, two lots have been approved for development.

On December 16, 2022, Eugene H. Sakai, of Studio S Square Architecture, Inc. submitted a Site Development Permit and PUD amendment Permit application to develop a new 4,929-square foot, one-and-a-half story singlefamily residence on a vacant 1.1-acre lot (Lot 4 of the Countryside Estates subdivision) located at 1321 Terra Vista Court. The zoning designation for this property is Single-Family Residential (R1) with a Hillside (H) Combining District. Per Milpitas Municipal Code (MMC) Section XI-10-45.09-2, no building permit shall be issued for the construction or expansion of a single-family structure in the Hillside (H) Combining District until such structure has received a site and architectural review approval by the Planning Commission (PC) and City Council (CC). On October 25, 2023, the PC held a duly noticed public hearing on this item and voted to unanimously approve the proposed project and also recommend approval by the City Council (6-0). A copy of PC Resolution No. 23-015 is attached to this report.

ANALYSIS:

Planning staff recommends that the City Council review and approve a resolution to allow the development of a single-family residence, attached garage, and associated improvements on a vacant lot located at 1321 Terra Vista Court. The project site is located on the northeastern edge of the City of Milpitas, adjacent to properties with the same single-family hillside zoning designation. Unincorporated Santa Clara County properties are located further to the north.

The project is designed in a modern French Chateau style, which adds to the neighborhood's diversity. The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth-tone colors, creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

In accordance with MMC Section XI-10-45.09-7, and as outlined in the attached resolution and staff report, the City Council shall consider the following guidelines in its review of the proposed project:

(a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of the residential structures on adjacent lots, will avoid unreasonable interference with views and privacy.
(b) Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal. (c) Minimize Perception of Excessive Bulk. The design of the proposed main and/or accessory structure(s) in relation to the immediate neighborhood should minimize the perception of excessive bulk. (d) Impairment of Light and Air. The proposed main or accessory structure(s) shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy.
(e) Grading. All grading shall be kept to a minimum and shall comply with the grading ordinance criteria.

The project, including both the home and attached garage, features a creative design, with a minimal building footprint and substantial setbacks from neighboring property lines to alleviate unreasonable interference with views and privacy. The majority of land around the residence and associated driveway will be preserved as natural landscape similar to nearby vacant properties and designated open space lots in the immediate area.

The incorporation of varying rooflines has minimized the perception of excessive bulk, a clear delineation of colors and materials, and the punctuation of walls along the front and side elevations. The proposed maximum height of the residence at 26 feet and 10.5 inches is within the 27-feet height limit, and all required building setbacks will substantially exceed the minimum standards to help mitigate potential impairment of light and air.

Given the steep slope of the lot, grading was required to accommodate a one-and-a-half story home with rear yard access. In order to minimize grading, the rear yard entry is located on the second floor, which requires considerably less grading that having the exit on the first floor. However, due to the property slope and proximity to the crestline, the project will result in 3,005 cubic yards of cut and 435 cubic yards of fill. As noted earlier in the report, the Planning Commission recommended Council approval of the project based on the required findings for approval.

POLICY ALTERNATIVE(S):

Alternative 1: Direct staff to draft a resolution to deny the project for review at a subsequent meeting.

Pros: The existing hillside lot is not developed and remains as open space, or a new or revised project could be proposed.

Cons: The applicant would need to either withdraw the application or resubmit revised plans for development of a new residence at this location.

Reason for Not Recommending: The proposed project meets the required findings for approval and is consistent with the City’s goals of supporting the development of a new high-quality housing in all areas of the City, including appropriate hillside locations. Both staff and the Planning Commission are recommending approval of the proposed project.

FISCAL IMPACT:

If the proposed project is approved, the applicant will apply for building permits and pay associated fees. The new single-family home will increase the property value and tax revenues but will also increase the demand for City services, including public safety and utilities. The project is located within an existing residential subdivision with existing services nearby.

California Environmental Quality Act (CEQA):

The project is exempt from further environmental review under CEQA pursuant to Section 15303(a) for New Construction or Conversion of Small Structures including one single-family residence or a second dwelling unit in a residential zone. The Project proposes the new construction of a single-family residence and attached garage within a residentially zoned area on a legally established parcel, and it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. As a separate and independent basis, the project is exempt from further CEQA review pursuant to Section 15183 of the CEQA

Guidelines for projects consistent with a community plan, general plan or zoning. The project is consistent with the General Plan and the applicable zoning, and there are no significant environmental impacts peculiar to the project or its site.

RECOMMENDATION:

Adopt a resolution approving Site Development Permit No. SD22-0013 and PUD Amendment Permit No. PA23- 0001 to allow the development of a new single-family residence at 1321 Terra Vista Court, subject to the attached Conditions of Approval.

Attachments:
(a) City Council Resolution
(b) Planning Commission Staff Report dated October 25, 2023 (c) Planning Commission Resolution No. 23-015
(d) Project Plans
(e) Story Pole Installation

RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD22-0013 AND PLANNED UNIT DEVELOPMENT AMENDMENT PA23-0001 TO DEVELOP A NEW HILLSIDE HOME LOCATED ON A VACANT 1.1-ACRE SITE AT 1321 TERRA VISTA CT (APN: 029-07-012) AND MAKING CEQA FINDINGS OF EXEMPTION WHEREAS, on December 16, 2022, an application was submitted by Eugene H. Sakai, of Studio S Square Architecture, Inc. (“Applicant”), for a development proposal to allow the development of a 4,929 square-foot, one and a half-story single-family residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, Planned Unit Development Amendment Permit No. PA23-0001 is also required to allow for a change in the exterior finishes within this project and associated Planned Unit Development Area, known as PUD 68; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and WHEREAS, on October 25, 2023, the City of Milpitas Planning Commission held a duly-noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project, and the Planning Commission unanimously (6-0) recommended approval of the Project to the City Council subject to Conditions of Approval per Planning Commission Resolution No. 23-015; and NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:

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

SECTION 2: California Environmental Quality Act (CEQA) Findings The project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) for “New Construction or Conversion of Small Structures including one single-family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. The Project’s proposed new construction of a singlefamily residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is consistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.

SECTION 3: Site Development Permit Findings (Section XI-10-57.03(F)(1)) The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD22-0013:

1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

The architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed

Resolution No. ____
2 home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

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

The proposed home meets the development standards in the Single-Family Hillside Zoning district and Countryside Estates PUD 68 for setbacks, height requirements, and landscaping and is requesting an amendment to PUD 68 for parking, total allowed square footage and exterior finishes. As demonstrated in Table 1 below.

Table 1: Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north. Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 4,929 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,339 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches
Yes
Parking Four spaces required Six spaces (three inside
garage & three outside) Yes
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes
Due to the subject property’s location, the project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 2 below.

Resolution No. ____
3 Table 2: Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable
interference with Views and
Privacy. The height, elevations and
placement on the site of the
proposed main or accessory
structure, when considered with
reference to the nature and location
of residential structures on
adjacent lots, will avoid
unreasonable interference with
views and privacy.

Consistent. Due to the proposed location and minimal
scale of the home relative to the maximum allowable size outlined in Table 3, the development will not substantially interfere with views and privacy to adjacent lots. In
addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story height limit at 26-feet and

10.5 inches, and substantially setback from adjacent
property lines to the north and south, which minimizes
interference with views and privacy. Additionally, the lot to the west is dedicated as Common Area only and will not be developed with future residential uses.
(b) Preserve Natural Landscape.

The natural landscape will be
preserved insofar as practicable by
designing structures to follow the
natural contours of the site and
minimizing tree and soil removal.

Consistent. The project site is currently vacant and
undeveloped and has no existing trees. As such, no trees will be removed. As proposed, the design of the house is carefully sited to be built on the flattest portions of the lot, following the natural landscape and existing contours of the site to limit cut to 3,005 cubic yards and fill to 435 cubic yards, with a net export of 2,570 cubic yards.

Minimal landscaping is also proposed, including 22 midsize trees and various flowering plants, ground cover, succulents and shrubs.
(c) Minimize Perception of
Excessive Bulk. The design of the
proposed main and /or accessory
structure(s) in relation to the
immediate neighborhood should
minimize the perception of
excessive bulk.

Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side facing elevations to remove the perception of bulk within the
one-and-a-half-story residence. The footprint of the
proposed home is also angled in its orientation to the front property line, thus minimizing the perception of excessive bulk. Furthermore, as described and shown in Table 3, the proposed main residence is proposed to be sized in scale closer to immediate neighbors’ proposed residences built on lots less than 3.0-acres in size. The overall building footprint of the main residence on the 1.1-acre lot is
consolidated, and the remaining portions of the lot will also remain undeveloped, and no accessory structures are proposed.
(d) Impairment of Light and Air.

The proposed main or accessory
structure(s) shall not unreasonably
impair the light and air of adjacent
properties nor unreasonably impair
the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed 27 feet in height as permitted for homes east of the crestline, and meets or exceeds all minimum setbacks as required by the Hillside development standards. The proposed home also
has a combination of mansard-style and minimally pitched roof systems that could be used to utilize future solar energy. With regards to adjacent properties, the lot to the west is reserved as Common Area and the residences to
the east are located greater than 429 feet away. As such,

Resolution No. ____
4 Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
the proposed main residence will not cause an impairment to the adjacent properties access to light and air.
(e) Grading. All grading shall be
kept to an absolute minimum and
shall comply with the grading
ordinance criteria.

Consistent. The proposed location of the main dwelling
is where the existing lot is most flat, and grading is limited to 3,005 cubic yards of necessary cut to accommodate the one-and-a-half story dwelling and modest pool and 435
cubic yards of the grading will be repurposed as fill.

Site & Architectural Design
The project is designed in a modern Chateau style, which adds to the diversity of the neighborhood. The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site. Given the steep slope of the lot, grading was required to accommodate a one-and-ahalf-story home with rear yard access. In order to minimize grading, the rear yard entry is located on the second floor, which requires considerably less grading than having the exit on the first floor. However, due to the property slope and proximity to the crestline, the project will result in 3,005 cubic yards of cut and 435 cubic yards of fill for the construction of a new home and the required grade at the driveway for firetruck access. 435 cubic yards of cut will be repurposed, resulting in a net export of 2,570 cubic yards.

Furthermore, no grading is proposed in the crestline zone of protection, and grading is limited to the near footprint of the home and rear patio area. The proposed landscape plan includes a variety of flowers, shrubs, succulents, and trees. As demonstrated in Attachment B (Project Plans), these plans are consistent with the grading/landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection
In an effort to protect the quality of views of the hills from the valley floor, development standards related to crestlines have been incorporated into the Zoning Code. Per MMC Section XI-10-45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor. In addition, Section 45.06-2 states that, in the area within three hundred (300) feet easterly of the crestline building heights shall be restricted so that no structure extends above the crestline site line. An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection and site line, which is located within the rear half of the existing lot, the applicant installed “story poles” along the minimum setback line and took pictures from areas recognized by the City as vantage points and required by the Hillside Ordinance Section XI-45-.06-3. Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C and plan Sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests

Resolution No. ____
5 confirm the project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

3. The project is consistent with the Milpitas General Plan.

The project is consistent with the Milpitas General Plan, and particularly with Policy CD 7- 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development, which subdivided lots planned for clustered housing. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor. As outlined in Table 3 below.

Table 3: General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual
character of hillsides, recognizing
both the importance of the exposure
of hillside development from off-site
public views and the importance of
providing panoramic public views
from and of hillsides.

Consistent. The proposed Project will not impact the visual character of the hillside from the valley floor or other viewpoints as the project site is located over 100 feet west of the crestline. Project Plan sheets A0.4 and A0.5 illustrate how the proposed residence will not obstruct panoramic public views from and of the hillsides.

CD 7-2 Minimize the alteration of
existing landforms and maintain the
natural topographic characteristics
of the hillside areas, allowing only
minimal disruption.

Consistent. The proposed Project will be situated at the flattest portion of the lot to limit disruption to the existing natural topography by limiting cut and fill to 3,005 cubic yards and fill to 435 cubic yards for both construction phases. The total earthwork exported will be 2,570 cubic yards to
accommodate the home’s footprint and meet the grade
requirements to not be visible from the valley floor.

CD 7-3 Protect the natural character
of hillside areas by means of
contour grading to blend graded
slopes and terraces with the natural
topography.

Consistent. Minimal contour grading will be required for the construction of the new residence due to its siting on the flattest areas of the lot. All new contours will be designed to blend with the natural existing site contours as demonstrated in the civil drawings in the plan set.

CD 7-4 Avoid mass graded pads
within hillside areas. Smaller steps
or grade changes should be used
over single, large, slope banks to the
greatest extent feasible.

Consistent. The building pad is proposed at the flattest portion of the lot and will only necessitate minimal grading, including equal cut and fill. Grading has been minimized as much as feasibly possible in the Project, in that the site follows the site’s natural contours in an effort to preserve the natural terrain quality.

CD 7-5 Ensure that any change in
hillside land use is accompanied by
appropriate safety measures and that
the environmental constraints are
adequately addressed especially with
respect to runoff and erosion.

Consistent. No changes are proposed to the existing land use and zoning designation, as the subject site is to be used as a single-family residence.

As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

Resolution No. ____
6 SECTION 4: Planned Unit Development (Section XI-10-54.07(B)(6)(a-c)) – The Planning Commission makes the following standard requirements based on the evidence in the public record in support of the Planned Unit Development Amendment. PA21-0002:

1. The proposed development will result in an intensity of land utilization no higher than and standards of open spaces at least as high as permitted or specified otherwise for such development in the General Plan, Zoning Ordinance and Subdivision ordinance.

The permit amendment, along with the project, will result in an intensity no higher than and standards of open space at least as high as permitted, in that the PUD requirements mirror the Hillside combining zoning requirements, in regard to land utilization, planting, irrigation, and open space. This standard has been met.

2. The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA).

However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by on-site provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA.

The project associated with the PUD permit amendment, will not create traffic congestion that will significantly and negatively affect existing traffic operations. This standard has been met.

3. For residential development in the Valley Floor Planning Area, as defined in the Milpitas General Plan Land Use Element, the maximum dwelling unit density per gross acre shall be the upper limit of the corresponding General Plan density range within each zoning designation. In the case of the Valley Floor Planning Area residential developments proposed on land zoned "R3" (Multiple Family Residential) an overall density of up to forty (40) units per gross acre can be approved if the following criteria are found by the City Council to be met The proposed the PUD permit amendment shall not have any effect on residential development density.

This standard has been met.

Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d):

1. Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

The amendment, along with the project, will result in a public benefit by conforming the PUD to current development standards and allow flexibility for a smaller garage, more square footage for the residential structure and changes to the exterior, without being detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.

2. The proposed Planned Unit Development is consistent with the Milpitas General Plan.

The amendment, along with the project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2 above.

3. The proposed development will be in harmony with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obstruction, or loss of privacy that are not mitigated to acceptable levels.

The architectural design and site planning of the proposed home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural topography. The proposed

Resolution No. ____
7 home incorporates earth tone colors, creating harmony with the surroundings. The colors and materials of the proposed French chateau design are complementary to the neighboring residences. Additionally, the proposed home is on a 1.1-acre parcel sitting at a minimum of 40 feet set back from all property lines, with a minimum of 80 feet between the closest neighboring home, and therefore will not interfere with privacy.

SECTION 4: City Council Approval
Based on the foregoing, the City Council hereby approves Site Development Permit No. SD22-0013 to allow the construction of a new single-family residence in the R1-H Single-family Residential Zoning District with an H Hillside Combining District located at 1321 Terra Vista Ct, based on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 and incorporated herein.

PASSED AND ADOPTED this _____ day of___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

Resolution No. ____
8 CONDITIONS OF APPROVAL
1333 TERRA VISTA CT
SITE DEVELOPMENT PERMIT NO. P-SD21-0009 AND
PLANNED UNIT DEVELOPMENT AMENDMENT PA21-0002 (APN 029-07-010) General Conditions

1. General Compliance. The applicant and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD21-0009 and Planned Unit Development Amendment PA21-0001 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office. (P)

2. Modifications to project. Any deviation from the approved site plan, floor plans, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P)

3. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)

4. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

5. Permit Expiration. Pursuant to Section XI-10-64.06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the project:
a. Completes a foundation associated with the project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

6. Time Extension. Pursuant to Section XI-10-64.07 of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

7. Project Job Account. If Permittee’s project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee’s private job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twentyfive percent (25%) of the required initial deposit. (P)

8. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P)

Resolution No. ____
9 9. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P)

10. Conditions. Each and every condition set forth in this Exhibit shall apply to the project and continue to apply to the project so long as the Permittee is operating the project under the permits and approvals in this Resolution. (P)

11. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)

12. Previous Approvals. Permittee shall abide and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (P)

13. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)

15. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remain operative, binding, and fully enforceable.

16. Permittee shall develop the approved project in conformance with the approved plans approved by the Planning Commission on October 25, 2023, in accordance with these Conditions of Approval. (P) Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

17. Response to Conditions of Approval. Permittee shall provide a written response to comments upon submittal for building permit application. The responses should clearly indicate how each condition of approval has been addressed in the plans and shall note the appropriate plan sheet. (P)

18. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P)

19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill. Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)

20. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plan materials that require excessive water after becoming established should be avoided. (P)

Resolution No. ____
10 21. Trees which have a six inch or greater diameter trunk size at a point three feet above grade may not be removed without obtaining prior approval from the City. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an “S” Zone application approval, shall have the power to authorize removal, relocation or replacement if the Permittee can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this section shall be at a five to one (5:1) ratio. (P)

22. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager. (P)

23. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (P)

24. Where any cut-or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended. (P)

25. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here a. Prior to the final (occupancy) of each building, a cash fee ($1333.00/per dwelling unit) to cover the development pf park and recreations areas shall be collected by the City for the granting of the PUD.

Fire Department

23. The project/development shall comply with the requirements of the Fire Department and the California Fire Code, as outlined, as may be amended by the City of Milpitas. Changes to the site plan and/or internal circulation shall be reviewed and approved by the Fire Department. (F)

24. Fire Department Access
a. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Bearing capacity for the driveway and the entry drive court shall be designed to provide a minimum of 50,000 lbs. bearing capacity for the fire apparatus. CFC Section 503.2.3
b. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).

25. An approved automatic fire sprinkler system (NFPA 13D minimum) shall be provided for all structures (living space, garage, outdoor spaces attached to the home, pool cabana, ADU, etc.). California Fire Code Section 903.2 amended by Milpitas Municipal Code V-300-2.82.
a. FIRE SPRINKLERS for NEW HOMES

25.a.1. An approved automatic fire sprinkler system (NFPA 13D minimum) shall be provided for the home (living space, garage, outdoor spaces attached to the home, etc.). California Fire Code Section 903.2, amended by Milpitas Municipal Code V-300-2.62

25.a.2. FIRE DEPARTMENT PERMIT – REQUIRED
The Milpitas Fire Department shall approve new installation and/or modifications to existing fire protection, alarm or monitoring system(s). A separate submittal is required to the Milpitas Fire Department, for review and approval, prior to the commencement of any work. CFC Section 901.2

25.a.3. WATER SUPPLY SERVICE TO THE HOME
The existing water supply service to the home may need upgrading to service the automatic fire sprinkler system. All new water services shall be done as required by the City of Milpitas Engineering Division.

26. ACCESS CONTROL DEVICES. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the fire code official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress. (Knox box location shall be at 6 feet above the finish floor, or fire access walkway or road).

27. SITE ADDRESS. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address

Resolution No. ____
11 numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numerals or alphabet letters and shall be consistent with Milpitas standardized addressing guidelines.

Where access is by means of a private road the building cannot be viewed by the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

28. KEY BOX. The Fire Code Official is authorized to require a key box to be installed in an approved location if necessary, for lifesaving or firefighting purpose. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official. (Knox box location shall be at 6 feet above finish floor, or fire access walkway or road).

Building Department

29. Compliance with Building Code of Regulations. The Project shall comply with the requirements of the Building Safety and Housing Department and the California Code of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regulations Title 24 and Milpitas Municipal Code requirements applicable at the time of building permit application must be met in advance of any building permit approvals or related construction. Changes to the site plan and/or building plan require review and approval by the Building Safety and Housing Department. (B)
Engineering Department

PRIOR TO CONSTRUCTION PLAN SUBMITTALS
The following conditions shall be met prior to any detailed construction plan check submittals (Building or Engineering, except demolition and rough grade plans), unless otherwise approved by the Director of Engineering/City Engineer. City reserves the right to reject any plan check submittal if any of the following conditions are not met. (E)

12. Stormwater Control Plan: Permittee shall submit City approved final Stormwater Control Plan (SWCP) that complies with the latest Municipal Regional Stormwater NPDES Permit, including Low Impact Development (LID) Section C3.c.i.(2)(b) measures for harvesting and reuse, infiltration, or evapo-transpiration, for City’s review and approval by the Engineering Department.

13. Submittal Requirements: Permittee to ensure that all plan check submittals are in accordance with City’s submittal check list for each permit type, including but not limited to, payment of permit fees and/or fee deposit at the time of the submittal.

PRIOR TO OFF-SITE PLAN APPROVAL/ENCROACHMENT PERMIT ISSUANCE The following conditions shall be addressed as part of the off-site improvement plan review and shall be met prior to encroachment permit issuance, unless otherwise approved by the Director of Engineering/City Engineer. (E)

14. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:
a. Milpitas Design Guidelines: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/design-guidelines/); b. Standard details and specifications: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standarddetails-and-specifications/); c. Americans with Disabilities Act (ADA) requirements, where applicable.

15. Storm Drain Design: Permittee shall submit storm drain hydrology and hydraulic calculations based upon a 10-year storm event to justify the size of the storm drain lateral flowing full, without surcharging the main line pipe, and to be reviewed and approved by the Engineering Department.

16. Domestic Water and Fire Service Calculations: Permittee shall submit potable water and fire service calculations to confirm adequacy of lateral size, pressure and flow, to be reviewed and approved by the Engineering Department and Fire Department. Hydraulic modeling analysis by the City and paid by the Permittee may be required as needed.

Permittee shall be responsible to implement any necessary improvements if there is any identified deficiency to the existing main as a result of the project.

Resolution No. ____
12 17. Water Service Agreement: Permittee shall complete a water service agreement to obtain water service.

18. Encroachment Permit: Prior to any work in the public right-of-way and/or public easement, obtain an encroachment permit with insurance requirements for all public improvements including a traffic control plan per the latest California Manual on Uniform Traffic Control Devices (MUTCD) standards to be reviewed and approved by the Engineering Department.

19. Pothole Encroachment Permit: Due to new utility service connections on City streets, Permittee shall pothole and verify all potential utility crossing conflict as part of the public improvement plan during the design stage.

20. Water Efficient Landscapes: Permittee shall comply with Milpitas Municipal Code Title VIII, Chapter 5 Water Efficient Landscapes for landscape design, including but not limited to, providing separate water meters for domestic water service and irrigation service and providing applicable landscape documentation package.

21. Solid Waste and Recycling Facility Design: Permittee shall comply with all applicable City design guidelines/details associated with haul route, turning radius, vertical and horizontal clearance, trash enclosure, staging area, storage area, etc.

22. Solid Waste Management: The project must meet all Milpitas Sanitation and SB 1383 requirements for solid waste management.

23. Mailboxes: The Permittee shall obtain information from the US Postal Services regarding placement of required mailboxes. Structures to protect mailboxes may require Building, Engineering and Planning Divisions review.

DURING CONSTRUCTION
The following conditions shall be complied with at all times during the construction phase of the project, unless otherwise approved by the Director of Engineering/City Engineer. (E)

24. Dewatering: If dewatering is needed during construction, Permittee shall obtain a Short-Term Industrial Wastewater Permit from the San Jose/Santa Clara Water Pollution Control Plant for discharging the groundwater to a sanitary sewer system.

25. On-site Recycle Water Coordination: Permittee’s cross-connection specialist shall coordinate the phasing of the construction; facilitate the cross-connection testing in order to minimize the impact for occupied buildings during crossconnection testing; sign-off before the water meter set; coordinate on-site construction inspection; complete the site inspection; fill out required paperwork/questionnaire; and provide them to the City for forwarding to South Bay Water Recycling.

26. Prohibition of Potable Water Usage: Permittee shall use recycled water for construction purposes, including dust control and compaction. Permittee shall comply with MMC VIII-6-5.00 and 6-6.00 where potable water usage is prohibited, unless otherwise approved by the City Council.

27. Construction Staging and Employee Parking: Permittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public right-of-ways or public easements.

28. Water Shut-down Plan: Permittee shall provide a water shut-down plan at least seven days in advance of the shut-down in coordination with the Engineering Inspector and notify affected property owners/tenants when cut-in tee(s) is/are required.

PRIOR TO FIRST OCCUPANCY
The following conditions shall be met prior to first building occupancy on either lot, unless otherwise approved the Director of Engineering/City Engineer.

Resolution No. ____
13 29. Completion of Public Improvements: Permittee shall complete all public improvements, including but not limited to frontage improvements and fire hydrants, as shown on City approved plans.

30. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance.

51. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here, as well as additional fees that may apply:
a. Hillside water reimbursement fee: $12,010
b. Treatment Plant Fee: $880 per dwelling
c. Cost of meter purchases: these were listed in Exhibit B, but the City no longer collects those. Instead, we have the customer order the meters through our supplier and pay the supplier directly. d. Sewer connection fee: $1,908 single family parcel (separate from Treatment Plant fee) e. Storm Drain Connection Fee: $3,594 for single family parcels 1 acre to 4 acres (P) = Planning
(B) = Building
(E) = Engineering
(F) = Fire Prevention
(CA) = City Attorney

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

AGREEMENT
Permittee/Property Owner
The undersigned agrees to each and every condition of approval and acknowledges the NOTICE OF RIGHT TO PROTEST and hereby agrees to use the project property on the terms and conditions set forth in this resolution.

Dated: _________________ ______________________________________ Signature of Permittee

AGENDA IX-1

MILPITAS PLANNING COMMISSION

STAFF REPORT
October 25, 2023
APPLICATION: NEW HILLSIDE RESIDENCE - 1321 TERRA VISTA COURT (LOT 4) - Site Development Permit No. SD22-0013 and PUD Amendment No. PA23-0001: A request for an Amendment to the development standards for a single-family home within Planned Unit Development No. 68 (Countryside Estates) to deviate from the approved designs for that single-family home and a Site Development Permit to construct a 4,929 square-foot, two-story, single-family residence with an attached three-car garage on a 1.1- acre vacant site located in the R1-H Single-family ResidentialHillside Zoning District with a Site and Architectural (-S) Overlay at 1321 Terra Vista Court (Countryside Estates, Lot 4).

RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 23-015 approving and recommending City
Council approval of Site Development Permit SD22-0013 and Planned Unit Development Amendment PA23-0001, subject to the attached Conditions of Approval.

LOCATION:

Address/APN: 1321 Terra Vista Court (APN 029-07-012)
Area of City: Northeastern portion of the City of Milpitas in the hillside area PEOPLE:

Project Applicant: Eugene Sakai, Studio S Squared Architecture, Inc.

Project Planner: Randy Baez, Associate Planner
LAND USE:

General Plan Designation: Hillside Low-Density (HLD)
Zoning District: Single Family Residential-Hillside (R1-H) Planned Unit Development: No. 68 (Countryside Estates)
Site Area: 1.1 acres
ENVIRONMENTAL: Categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or
Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 2 of 11 Map 1
3D Aerial Project Location
Map 2
Zoning Map
Project Site
Project Site

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 3 of 11

BACKGROUND
History
On November 17, 1992, the City Council approved Planned Unit Development (PUD) No. 68 (Countryside Estates) to allow the construction of six hillside residential home sites on a 24.5-acre parcel. Each home site would be reviewed separately under the provisions of an “S” Zone Application or Site Development Permit and subject to a precise building envelope established by the PUD. To date, lots 2 and 6 have been approved for development.

Process
In addition to satisfying the substantive and procedural requirements typically applicable to a Site Development Permit and Planned Unit Development Amendment, because of the project’s location within the Hillside Combining District (“H”), the application must be considered by both the Planning Commission and the City Council (Milpitas Municipal Code [MMC] Section XI-10-

45.09) for conformance with the Hillside Site and Architectural Guidelines.

PROJECT DESCRIPTION
Overview
The project site is an undeveloped 1.1-acre parcel located at the intersection of Country Club Drive and Terra Vista Court within Planned Unit Development No. 68: Countryside Estates. The property and neighboring properties are zoned Single Family Residential – Hillside. The project site is located on the east side of the hillside crest line. A vicinity map of the subject site location is shown on Map 1.

The applicant is requesting a Site Development Permit and a Planned Unit Development Amendment to construct a 4,929-square foot, two-story single-family residence and a 797 squarefoot accessory structure (Accessory Dwelling Unit) on a 1.1-acre vacant lot. The residence will include an attached 1-car and 2-car garage, in addition to three off-street parking spaces access from the swing-in driveway. The project also includes an amendment to Planned Unit Development No. 68 to include the following change:

1. Changes to exterior finishes and design to allow for a contemporary Chateau design for this lot, which will include painted stucco, stone veneer, and a standing seam metal roof.

Location and Context
The project site is located in the northeastern portion of the City of Milpitas in the hillside area.

Map 2 and the following table provide a summary of the Zoning and Land Uses surrounding the site
Table 1: Surrounding Zoning and Land Uses
General Plan Zoning Existing Use
Subject Site Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant
North Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant
South Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Single-Family Home

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 4 of 11 East Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant
West Hillside Low Density
(HLD)
Single-Family ResidentialHillside (R1-H)Vacant

PROJECT ANALYSIS
General Plan and Zoning Conformance
Milpitas General Plan 2040
The General Plan designation for the project site is Hillside Low Density (HLD). The General Plan details the goals, objectives and policies for the City’s Hillside Area. It is characterized by gentle to steep slopes, grassy terrain with some chaparral and trees, wildlife, geologically unstable areas, the Ed R. Levin County Regional Park, and a feeling of remoteness from the more urban portions of the city. The Hillside Low Density designation allows a maximum of one (1) housing unit per gross acre. The project is in conformance with the policies and standards in the City’s General Plan policies, as outlined in the following table:

Table 2: General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual character of
hillsides, recognizing both the importance of
the exposure of hillside development from offsite public views and the importance of providing panoramic public views from and of
hillsides.

Consistent. The proposed Project will not
impact the visual character of the hillside from
the valley floor or other viewpoints, as the
project site is located over 100 feet east of the
crestline. Project Plan sheets A0.4 and A0.5
illustrate how the proposed residence will not
obstruct panoramic public views from and of
the hillsides.

CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.

Consistent. The proposed Project will be
situated at the flattest portion of the lot to limit
disruption to the existing natural topography by
limiting cut to 3,005 cubic yard and fill to 435
cubic yards for both construction phases. The
total earthwork exported will be 2,570 cubic
yards to accommodate the home's footprint and
meet the grade requirements to not be visible
from the valley floor.

CD 7-3 Protect the natural character of
hillside areas by means of contour grading to
blend graded slopes and terraces with the
natural topography.

Consistent. Minimal contour grading will be
required for the construction of the new
residence due to its siting on the flattest areas
of the lot. All new contours will be designed
to blend with the natural existing site contours
as demonstrated in the civil drawings in the
plan set.

CD 7-4 Avoid mass graded pads within
hillside areas. Smaller steps or grade
Consistent. The building pad is proposed at
the flattest portion of the lot and will only

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 5 of 11 changes should be used over single, large,
slope banks to the greatest extent feasible.
necessitate minimal grading to accommodate
the residence. Grading has been minimized as
much as feasibly possible in the Project, in that
the site follows the site's natural contours in an
effort to preserve the natural terrain quality.

CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the environmental
constraints are adequately addressed
especially with respect to runoff and erosion.

Consistent. No changes are proposed to the
existing land use and zoning designation, as
the subject site is to be used as a single-family
residence.

Development Standards
The site is located in the R1-H Single-Family Residential-Hillside Combining District. The “H” Zoning District promotes and encourages the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular constraints associated with the development of hillside areas, including, but not limited to, geologic problems, slope, safe access, and visibility.

Per MMC Section XI-10-45.17-3, the subject parcel is less than 3.0-acres, which allows for the smallest maximum size for the main residence and the least amount of impervious surface coverage compared to parcels over this acre threshold. The project applicant chose to conform to development standards within its maximum limitations. Table 3 demonstrates the Project’s consistency with the applicable development standards of the R1-H zone and PUD # 68.

Table 3: Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north.

Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 4,929 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,339 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches
Yes
Parking Four spaces required Six spaces (three inside
garage & three outside) Yes

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 6 of 11 Standards Hillside & PUD 68
Requirements
Proposed Complies
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes
Due to the subject property’s location, the project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 4 below.

Table 4: Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable interference with
Views and Privacy. The height, elevations
and placement on the site of the proposed
main or accessory structure, when
considered with reference to the nature and
location of residential structures on adjacent
lots, will avoid unreasonable interference
with views and privacy.

Consistent. Due to the proposed location and
minimal scale of the home relative to the
maximum allowable size outlined in Table 3, the
development will not substantially interfere with
views and privacy to adjacent lots. In addition,
the proposal exceeds all setback requirements, is
within its 27-foot, two-story height limit at 26-feet
and 10.5 inches, and substantially setback from
adjacent property lines to the north and south,
which minimizes interference with views and
privacy. Additionally, the lot to the west is
dedicated as Common Area only and will not be
developed with future residential uses.
(b) Preserve Natural Landscape. The
natural landscape will be preserved insofar
as practicable by designing structures to
follow the natural contours of the site and
minimizing tree and soil removal.

Consistent. The project site is currently vacant
and undeveloped and has no existing trees. As
such, no trees will be removed. As proposed, the
design of the house is carefully sited to be built on
the flattest portions of the lot, following the
natural landscape and existing contours of the site
to limit cut to 3,005 cubic yards and fill to 435
cubic yards, with a net export of 2,570 cubic
yards. Minimal landscaping is also proposed,
including 22 mid-size trees and various flowering
plants, ground cover, succulents and shrubs.

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 7 of 11 Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(c) Minimize Perception of Excessive Bulk.

The design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.

Consistent. The proposed design includes
varying rooflines, a clear delineation of different
colors and materials, and punctuation of certain
front and side facing elevations to remove the
perception of bulk within the one-and-a-half-story
residence. The footprint of the proposed home is
also angled in its orientation to the front property
line, thus minimizing the perception of excessive
bulk. Furthermore, as described above and shown
in Table 3, the proposed main residence is
proposed to be sized in scale closer to immediate
neighbors’ proposed residences built on lots less
than 3.0-acres in size. The overall building
footprint of the main residence on the 1.1-acre lot
is consolidated, and the remaining portions of the
lot will also remain undeveloped, and no
accessory structures are proposed.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light and
air of adjacent properties nor unreasonably
impair the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed
27 feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards.

The proposed home also has a combination of
mansard-style and minimally pitched roof systems
that could be used to utilize future solar energy.

With regards to adjacent properties, the lot to the
west is reserved as Common Area and the
residences to the east are located greater than 429
feet away. As such, the proposed main residence
will not cause an impairment to the adjacent
properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. The proposed location of the main
dwelling is where the existing lot is most flat, and
grading is limited to 3,005 cubic yards of
necessary cut to accommodate the two-story
dwelling and modest pool and 435 cubic yards of
the grading will be repurposed as fill.

Planned Unit Development Amendment
The project is also located within PUD 68, which establishes total allowed square footage, total grading allowed, size of the garage and exterior finish materials. Per PUD 68 (adopted November 1992), the lot shall have a 3-car garage, 4,000-5,000 square feet of total allowable square footage for the residential structure, and only permits certain types of exterior finishes.

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 8 of 11 Staff has determined through analysis and research that PUD 68, also known as Countryside Estates, which was established to regulate the construction of six custom homes, is no longer reflective of the current development patterns of the Bay Area.

An increase in residential square footage is not required; however, Staff recommends amending the PUD for this lot to allow for the proposed changes in exterior finishes. In order to approve such changes, the Planning Commission must make the finding that these changes will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.

Site & Architectural Design
The project is designed in a modern Chateau style, which adds to the diversity of the neighborhood.

The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site. Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the rear yard entry is located on the second floor, which requires considerably less grading than having the exit on the first floor. However, due to the property slope and proximity to the crestline, the project will result in 3,005 cubic yards of cut and 435 cubic yards of fill for the construction of a new home and the required grade at the driveway for firetruck access. 435 cubic yards of cut will be repurposed, resulting in a net export of 2,570 cubic yards. Furthermore, no grading is proposed in the crestline zone of protection, and grading is limited to the near footprint of the home and rear patio area. The proposed landscape plan includes a variety of flowers, shrubs, succulents, and trees. As demonstrated in Attachment B (Project Plans), these plans are consistent with the grading/landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection
In an effort to protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Per MMC Section XI-10-

45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor. In addition, Section 45.06-2 states that, in the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline site line. An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection and site line, which is located within the rear half of the existing lot, the applicant installed “story poles” along the minimum setback line and took pictures from areas recognized by the City as vantage points and

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 9 of 11 required by the Hillside Ordinance Section XI-45-.06-3. Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C and plan Sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

FINDINGS FOR APPROVAL (OR DENIAL)
A finding is a statement of fact relating to the information that the Planning Commission has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action. Based on substantial evidence in the public record, Staff has found that the proposed project is consistent with the General Plan, Zoning Ordinance, and all required Findings.

Site Development Permit Findings (Section XI-10-57-03-1(F))

1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

As described within the staff report, the architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

2. The project is consistent with the Milpitas Zoning Ordinance in that:

As described in table 3 above, the proposed home meets the development standards in the Single-Family Hillside Zoning District and Countryside Estates PUD 68 for setbacks, height requirements, and landscaping and is requesting an amendment to PUD 68 for exterior finishes.

3. The project is consistent with the Milpitas General Plan in that:

The project is consistent with the Milpitas General Plan, and particularly with Policy CD 7- 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development, which subdivided lots planned for clustered housing.

The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

Planned Unit Development (Section XI-10-54.07(B)(6)(a-d))

1. The proposed development will result in an intensity of land utilization no higher than and standards of open spaces at least as high as permitted or specified otherwise for such development in the General Plan, Zoning Ordinance and Subdivision ordinance.

The permit amendment, along with the project, will result in an intensity no higher than and standards of open space at least as high as permitted, in that the PUD requirements mirror the

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 10 of 11 Hillside combining zoning requirements, in regards to land utilization, planting, irrigation, and open space. This standard has been met.

2. The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA). However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by on-site provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA.

The project associated with the PUD permit amendment, will not create traffic congestion that will significantly and negatively affect existing traffic operations. This standard has been met.

3. For residential development in the Valley Floor Planning Area, as defined in the Milpitas General Plan Land Use Element, the maximum dwelling unit density per gross acre shall be the upper limit of the corresponding General Plan density range within each zoning designation. In the case of the Valley Floor Planning Area residential developments proposed on land zoned "R3" (Multiple Family Residential) an overall density of up to forty (40) units per gross acre can be approved if the following criteria are found by the City Council to be met.

The proposed the PUD permit amendment shall not have any effect on residential development density. This standard has been met.

Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d):

1. Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

The amendment, along with the project, will result in a public benefit by conforming the PUD to current development standards and allow flexibility for a smaller garage, more square footage for the residential structure and changes to the exterior, without being detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.

2. The proposed Planned Unit Development is consistent with the Milpitas General Plan.

The amendment, along with the project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2 above.

3. The proposed development will be in harmony with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obstruction, or loss of privacy that are not mitigated to acceptable levels.

Agenda Item IX-1: New Hillside Residence – October 25, 2023 Page 11 of 11 The architectural design and site planning of the proposed home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is tucked into the hillside as to not draw attention to it when viewing from the valley floor. All exterior materials and finishes work together as a palette of earth tone colors, creating harmony with the surroundings. The colors and materials of the proposed French chateau design are complementary to the neighboring residences. Additionally, the proposed home is on a 1.1- acre parcel sitting at a minimum of 40 feet set back from all property lines, with a minimum of 80 feet between the closest neighboring home, and therefore will not interfere with privacy.

ENVIRONMENTAL REVIEW
The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning).

PUBLIC COMMENT/OUTREACH
Staff provided public notice for the application in accordance with City and State public noticing requirements. At the time of writing this report, there have been no inquiries from the public. A notice was published in the Milpitas Post on October 13, 2023. In addition, 18 notices were sent to owners and occupants within 300 feet of the project site. A public notice was also provided on the project site, on the City’s Website, www.ci.milpitas.ca.gov, and posted at City Hall.

RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing; and

3. Adopt Resolution 23-015, approving and recommending the City Council approve the Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PPA23-0001, to allow the construction of a single-family residence in the hillside district, subject to the findings and attached Conditions of Approval.

ATTACHMENTS
A: Resolution 23-015
B: Project Plans
C: Story Pole Installation

Resolution No. 22-015
RESOLUTION NO. 23-015

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS APPROVING AND RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT NO. SD22-0013 AND PLANNED UNIT DEVELOPMENT AMENDMENT PA23-0001 TO THE MILPITAS CITY COUNCIL TO DEVELOP A NEW HILLSIDE HOME LOCATED ON A VACANT 1.1-ACRE SITE AT 1321 TERRA VISTA CT (APN: 029-07-012). THE PROJECT SITE IS ZONED SINGLE FAMILY

RESIDENTIAL - HILLSIDE
WHEREAS, on December 16, 2022, an application was submitted by Eugene Sakai, of Studio S Squared Architecture, Inc. (“Applicant”), for a development proposal to allow the development of a 4,929-square foot, one and a half-story single-family residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012). The Project site is zoned Single Family Residential - Hillside; and
WHEREAS, Planned Unit Development Amendment Permit No. PA23-0013 is also required to allow for changes in the exterior finishes within this project from the associated Planned Unit Development Area, known as PUD 68; and
WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and
WHEREAS, on October 25, 2023, the Planning Commission held a duly noticed public hearing on the subject application, at which all those in attendance were given the opportunity to speak on Project; and WHEREAS, the Planning Commission has considered all of the written and oral testimony presented at the public hearing in making its decision; and
NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines and resolves as follows:

SECTION 1: Recitals.

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

SECTION 2: CEQA Finding
The project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) for “New Construction or Conversion of Small Structures including one single-family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. The Project’s proposed new construction of a single-family residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt


















Resolution No. 22-015
from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is consistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.

SECTION 3: Site Development Permit (Section XI-10-57.03(F)(1)) - The Planning Commission makes the following findings based on the evidence in the public record in approving Site Development Permit No. SD22-0013:

1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

The architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

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

The proposed home meets the development standards in the Single Family Hillside Zoning District and Countryside Estates PUD 68 for setbacks, height requirements, and landscaping and is requesting an amendment to PUD 68 for exterior finishes. As demonstrated in Table 1 below.

Table 1:

Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north. Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 4,929 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,339 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches
Yes
Parking Four spaces required Six spaces (three inside
garage & three outside) Yes
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes


















Resolution No. 22-015
Due to the subject property’s location, the project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 2 below.

Table 2:

Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable
interference with Views and
Privacy. The height, elevations and
placement on the site of the
proposed main or accessory
structure, when considered with
reference to the nature and location
of residential structures on
adjacent lots, will avoid
unreasonable interference with
views and privacy.

Consistent. Due to the proposed location and minimal
scale of the home relative to the maximum allowable size outlined in Table 3, the development will not substantially interfere with views and privacy to adjacent lots. In
addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story height limit at 26-feet and

10.5 inches, and substantially setback from adjacent
property lines to the north and south, which minimizes
interference with views and privacy. Additionally, the lot to the west is dedicated as Common Area only and will not be developed with future residential uses.
(b) Preserve Natural Landscape.

The natural landscape will be
preserved insofar as practicable by
designing structures to follow the
natural contours of the site and
minimizing tree and soil removal.

Consistent. The project site is currently vacant and
undeveloped and has no existing trees. As such, no trees will be removed. As proposed, the design of the house is carefully sited to be built on the flattest portions of the lot, following the natural landscape and existing contours of the site to limit cut to 3,005 cubic yards and fill to 435 cubic yards, with a net export of 570 cubic yards.

Minimal landscaping is also proposed, including 22 midsize trees and various flowering plants, ground cover, succulents and shrubs.
(c) Minimize Perception of
Excessive Bulk. The design of the
proposed main and /or accessory
structure(s) in relation to the
immediate neighborhood should
minimize the perception of
excessive bulk.

Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side facing elevations to remove the perception of bulk within the
one-and-a-half-story residence. The footprint of the
proposed home is also angled in its orientation to the front property line, thus minimizing the perception of excessive bulk. Furthermore, as described above and shown in
Table 3, the proposed main residence is proposed to be
sized in scale closer to immediate neighbors’ proposed
residences built on lots less than 3.0-acres in size. The overall building footprint of the main residence on the 1.1- acre lot is consolidated, and the remaining portions of the lot will also remain undeveloped, and no accessory
structures are proposed.


















Resolution No. 22-015
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(d) Impairment of Light and Air.

The proposed main or accessory
structure(s) shall not unreasonably
impair the light and air of adjacent
properties nor unreasonably impair
the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed 27 feet in height as permitted for homes east of the crestline, and meets or exceeds all minimum setbacks as required by the Hillside development standards. The proposed home also
has a combination of mansard-style and minimally pitched roof systems that could be used to utilize future solar energy. With regards to adjacent properties, the lot to the west is reserved as Common Area and the residences to
the east are located greater than 429 feet away. As such, the proposed main residence will not cause an impairment to the adjacent properties access to light and air.
(e) Grading. All grading shall be
kept to an absolute minimum and
shall comply with the grading
ordinance criteria.

Consistent. As proposed, the proposed location of the
main dwelling is where the existing lot is most flat, but grading is limited to 3,005 cubic yards of cut to
accommodate the two-story dwelling and 435 cubic yards
of the grading will be repurposed as fill.

Site & Architectural Design
The project is designed in a modern Chateau style, which adds to the diversity of the neighborhood. The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site. Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the rear yard entry is located at the second floor, which requires considerably less grading than having the exit on the first floor. However, due to the property slope and proximity to the crestline, the project will result in 3,005 cubic yards of cut and 435 cubic yards of fill for the construction of a new home and the required grade at the driveway for firetruck access. 435 cubic yards of cut will be repurposed resulting in a net export of 2,570 cubic yards.

Furthermore, no grading is proposed in the crestline zone of protection and grading is limited to the near footprint of the home and rear patio area. The proposed landscape plan includes a variety of flowers, shrubs, succulents, and trees. As demonstrated in Attachment B (Project Plans), these plans are consistent with the grading/landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection
In an effort to protect the quality of views of the hills from the valley floor, development standards related to crestlines have been incorporated into the Zoning Code. Per MMC Section XI-10-45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes


















Resolution No. 22-015
immediately below, when viewed from the valley floor. The crestline zone of protection is defined as “the area westerly of the perceived crestline and between the perceived crestline and an elevation one hundred (100) feet below” (MMC Sec. XI-10-45.06-2). An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection, which is located within the rear half of the existing lot, the applicant installed “story poles” along the minimum setback line and took pictures from areas recognized by the City as vantage points. Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C and plan Sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

3. The project is consistent with the Milpitas General Plan.

The project is consistent with the Milpitas General Plan, and particularly with Policy CD 7- 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development, which subdivided lots planned for clustered housing. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor. As outlined in Table 3 below.

Table 3:

General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual
character of hillsides, recognizing
both the importance of the exposure
of hillside development from off-site
public views and the importance of
providing panoramic public views
from and of hillsides.

Consistent. The proposed Project will not impact the visual character of the hillside from the valley floor or other viewpoints as the project site is located over 100 feet west of the crestline. Project Plan sheets A0.4 and A0.5 illustrate how the proposed residence will not obstruct panoramic public views from and of the hillsides.

CD 7-2 Minimize the alteration of
existing landforms and maintain the
natural topographic characteristics
of the hillside areas, allowing only
minimal disruption.

Consistent. The proposed Project will be situated at the flattest portion of the lot to limit disruption to the existing natural topography by limiting cut to 3,005 cubic yards and fill to 435 cubic yards for both construction phases. The total earthwork exported will be 2,570 cubic yards to accommodate the home’s footprint and meet the grade requirements to not be visible from the valley floor.

CD 7-3 Protect the natural character
of hillside areas by means of
contour grading to blend graded
slopes and terraces with the natural
topography.

Consistent. Minimal contour grading will be required for the construction of the new residence due to its siting on the flattest areas of the lot. All new contours will be designed to blend with the natural existing site contours as demonstrated in the civil drawings in the plan set.

CD 7-4 Avoid mass graded pads
within hillside areas. Smaller steps
or grade changes should be used
over single, large, slope banks to the
greatest extent feasible.

Consistent. The building pad is proposed at the flattest portion of the lot and will only necessitate minimal grading to accommodate the residence. Grading has been minimized as much as feasibly possible in the Project, in that the site follows


















Resolution No. 22-015
the site’s natural contours in an effort to preserve the natural terrain quality.

CD 7-5 Ensure that any change in
hillside land use is accompanied by
appropriate safety measures and that
the environmental constraints are
adequately addressed especially with
respect to runoff and erosion.

Consistent. No changes are proposed to the existing land use and zoning designation, as the subject site is to be used as a single-family residence.

As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

SECTION 4: Planned Unit Development (Section XI-10-54.07(B)(6)(a-d)) – The Planning Commission makes the following standard requirements based on the evidence in the public record in support of the Planned Unit Development Amendment. PA23-0001:

1. The proposed development will result in an intensity of land utilization no higher than and standards of open spaces at least as high as permitted or specified otherwise for such development in the General Plan, Zoning Ordinance and Subdivision ordinance.

The permit amendment, along with the project, will result in an intensity no higher than and standards of open space at least as high as permitted, in that the PUD requirements mirror the Hillside combining zoning requirements, in regard to land utilization, planting, irrigation, and open space. This standard has been met.

2. The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA). However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by onsite provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA.

The project associated with the PUD permit amendment seeks to allow changes in exterior finishes from what was originally approved within PUD No. 68. This change in materials will not create traffic congestion that will significantly and negatively affect existing traffic operations. This standard has been met.

3. For residential development in the Valley Floor Planning Area, as defined in the Milpitas General Plan Land Use Element, the maximum dwelling unit density per gross acre shall be the upper limit of the corresponding General Plan density range within each zoning designation. In the case of the Valley Floor Planning Area residential developments proposed on land zoned "R3" (Multiple Family Residential) an overall density of up to forty (40) units per gross acre can be approved if the following criteria are found by the City Council to be met.

The proposed the PUD permit amendment will not have any effect on residential development density as the proposed density is consistent with both the allowed and existing residential density in the surrounding neighborhood. This standard has been met.


















Resolution No. 22-015
SECTION 5: Furthermore, in order to grant a Planned Unit Development amendment, the following findings are hereby made pursuant to Milpitas Municipal Code Section XI-10-54.07(B)(6)(d):

1. Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

The amendment, along with the project, will result in a public benefit by allowing changes to the exterior that are not detrimental to the light, air, or privacy of any other structure or use currently existing or anticipated. The amendment will also allow for added public benefit by increasing and improving the variety of quality architecture within the neighborhood.

2. The proposed Planned Unit Development is consistent with the Milpitas General Plan.

The amendment, along with the project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 3 above.

3. The proposed development will be in harmony with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obstruction, or loss of privacy that are not mitigated to acceptable levels.

The architectural design and site planning of the proposed home are aesthetically compatible with the neighboring homes. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention to it when viewing from the valley floor. All exterior materials and finishes work together as a palette of earth tone colors, creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences. Additionally, the proposed home is on a 1.14-acre parcel sitting at a minimum of 25-foot set back from all property lines and at a minimum of 80 feet from the closest neighboring home, and therefore will not interfere with privacy.

SECTION 6: The Planning Commission of the City of Milpitas hereby approves and recommends the City Council approve Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 and adopt a resolution to allow the development of a single-family residence in the hillside district, based on the above findings and subject to the Conditions of Approval in the proposed Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 attached hereto as Exhibit 1 incorporated herein.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on October 25, 2023.

Chair
TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on October 25, 2023, and carried by the following roll call vote:





















Resolution No. 22-015

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


















Resolution No. 22-015
EXHIBIT 1
SITE DEVELOPMENT PERMIT NO. P-SD22-0013 AND
PLANNED UNIT DEVELOPMENT AMENDMENT PA23-0001
1321 TERRA VISTA CT (APN 029-07-012)
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 in accordance with Section X1-10-45.09 and Section XI-10-54.07(B)(6)(a-d) of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Permit is to allow the issuance of building permits for the proposed development of a 4,929-square foot, one and a half-story singlefamily residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits. This Permit is also to amend Planned Unit Development No. 68 for this lot to allow the proposed changes to exterior finishes and design for a contemporary Chateau design, which will include painted stucco, stone veneer, and a standing seam metal roof.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

1. General Compliance. The applicant and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD22-0013 and Planned Unit Development Amendment PA23-0001 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office. (P)

2. Modifications to project. Any deviation from the approved site plan, floor plans, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P)

3. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)

4. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

5. Permit Expiration. Pursuant to Section XI-10-64.06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map.

Pursuant to Section XI-10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the project:


















Resolution No. 22-015
a. Completes a foundation associated with the project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

This permit shall become null and void if the work is added to, modified, or otherwise deviated from in any significant way from the approved site plan, building plan, floor plans, or other approved submittals as determined by the Planning Director or designee.

6. Time Extension. Pursuant to Section XI-10-64.07 of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

7. Project Job Account. If Permittee’s project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee’s private job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P)

8. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P)

9. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P)

10. Conditions. Each and every condition set forth in this Exhibit shall apply to the project and continue to apply to the project so long as the Permittee is operating the project under the permits and approvals in this Resolution. (P)

11. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)

12. Previous Approvals. Permittee shall abide and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (P)

13. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related


















Resolution No. 22-015
determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)

15. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remain operative, binding, and fully enforceable.

16. Permittee shall develop the approved project in conformance with the approved plans approved by the Planning Commission on October 25, 2023, in accordance with these Conditions of Approval. (P) Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

17. Response to Conditions of Approval. Permittee shall provide a written response to comments upon submittal for building permit application. The responses should clearly indicate how each condition of approval has been addressed in the plans and shall note the appropriate plan sheet. (P)

18. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P)

19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill.

Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)

20. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plan materials that require excessive water after becoming established should be avoided. (P)

21. Trees which have a six inch or greater diameter trunk size at a point three feet above grade may not be removed without obtaining prior approval from the City. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an “S” Zone application approval, shall have the power to authorize removal, relocation or replacement if the Permittee can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this section shall be at a five to one (5:1) ratio. (P)


















Resolution No. 22-015

22. The proposed home is located east of the Crestline and is subject to a maximum height of 1.5 stories or 26 feet. (P)

23. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager. (P)

24. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (P)

25. Where any cut-or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended. (P)

26. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here:
a. Prior to the final (occupancy) of each building, a cash fee ($1333.00/per dwelling unit) to cover the development pf park and recreations areas shall be collected by the City for the granting of the PUD.

27. Prior to Building Permit Issuance, the applicant must demonstrate proof in accordance with “Special Conditions – P.U.D. No. 68 and Vesting Tentative Map “Countryside Estates,” that the development at “ADDRESS OF DEVELOPMENT” will be serviced by a fire hydrant that meets the minimum water demand of 1,500 hydrant fire flow to the satisfaction of the Deputy Fire Chief, or his designee. (P) Fire Department

28. The project/development shall comply with the requirements of the Fire Department and the California Fire Code, as outlined, as may be amended by the City of Milpitas. Changes to the site plan and/or internal circulation shall be reviewed and approved by the Fire Department. (F)

29. Electronic Documents. The fire code official may require electronic base documents for all construction documents and operational permits. The fire code official shall designate the software base format for the electronic documents. CFC Section 105.4.2.2, added by MMC Section V-300-2.11, and CFC Section 102.10

30. Fire Department Access. Sheets A-1.0C shows an acceptable Fire Dept. apparatus access. Fire apparatus access roads shall be provided for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Fire apparatus access shall meet the following:
a. Fire apparatus access shall extend to within 150 feet of all portions of exterior walls of the building/ structure per the California Fire Code Section 503.1.
b. The private road shall be designed for fire apparatus access. Fire Access Dimensions, fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm). CFC Section 503.2.1 Exception:

Milpitas Municipal Code XI-10-45.11

45.11-1 Privately owned and maintained access from the public road to each single-family dwelling shall be a minimum of fourteen (14) feet in width. Turning radius shall be designed to meet the Fire Department’s requirements.

45.11-2 Turnout space shall be provided on driveways over one hundred fifty (150) feet in length with


















Resolution No. 22-015
a maximum spacing of one hundred fifty (150) feet if driveway is less than eighteen (18) feet wide.

45.11-3 Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet Fire Department’s requirements.

45.11-4 Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.
c. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Bearing capacity for the driveway and the entry drive court shall be designed to provide a minimum of 60,000 lbs. bearing capacity for the fire apparatus. CFC Section 503.2.3
d. When there is a dead-end condition, means for fire apparatus turn-around shall be provided as per the CA Fire Code Section 503.2.5. The Fire Department reserves the right to request site design changes as needed to meet the requirements of the CFC, and/or make the request for additional fire protection measures in conformance with the CFC Section 102.9.
e. The grade (maximum 10%) of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. CFC Section 503.2.7. f. Electric gates. Where provided, gates shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. CA Fire Code Section 503.5
Electric gates shall also be provided with a Milpitas Fire Department approved “Knox” electronic switch in addition to the keypad. CA Fire Code Section 102.9

31. Premises identification. New and existing buildings shall have approved address numbers. Address numbers shall be illuminated and located where they are clearly visible from the street. CFC Section 505.

32. Water supply requirements. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. CFC Section 507.5.1 Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet.

33. Sprinkler system supervision and alarms, and monitoring. It is recommended that due to the location of the home (hillside) the automatic fire sprinkler system for this home be a system that has supervision and alarm, and monitoring system in conformance to the CA Fire Code Section 903.4.


















Resolution No. 22-015
Building Department

34. Compliance with Building Code of Regulations. The Project shall comply with the requirements of the Building Safety and Housing Department and the California Code of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regulations Title 24 and Milpitas Municipal Code requirements applicable at the time of building permit application must be met in advance of any building permit approvals or related construction. Changes to the site plan and/or building plan require review and approval by the Building Safety and Housing Department. (B) Engineering Department

PRIOR TO CONSTRUCTION PLAN SUBMITTALS
The following conditions shall be met prior to any detailed construction plan check submittals (Building or Engineering, except demolition and rough grade plans), unless otherwise approved by the Director of Engineering/City Engineer. City reserves the right to reject any plan check submittal if any of the following conditions are not met. (E)

35. Modifications: The Site Development Plan dated September 1, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

36. Stormwater Control Plan: Permittee shall submit City approved final Stormwater Control Plan (SWCP) that complies with the latest Municipal Regional Stormwater NPDES Permit, including Low Impact Development (LID) Section C3.c.i.(2)(b) measures for harvesting and reuse, infiltration, or evapo-transpiration, for City’s review and approval by the Engineering Department.

37. Submittal Requirements: Permittee to ensure that all plan check submittals are in accordance with City’s submittal check list for each permit type, including but not limited to, payment of permit fees and/or fee deposit at the time of the submittal.

38. Project Job Account/Fee Deposit: Permittee shall open a new PJ account as a deposit to cover the costs for Engineering Department’s services for review and inspection of the project. The amount shall be determined based on the approved City fee schedule at the time of application submittal.

PRIOR TO OFF-SITE PLAN APPROVAL/ENCROACHMENT PERMIT ISSUANCE The following conditions shall be addressed as part of the off-site improvement plan review and shall be met prior to encroachment permit issuance, unless otherwise approved by the Director of Engineering/City Engineer. (E)

39. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:
a. Milpitas Design Guidelines: (http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/designguidelines/); b. Standard details and specifications:
(http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standard-details-and-specifications/); c. Americans with Disabilities Act (ADA) requirements, where applicable.

40. Sanitary Sewer Calculations: Permittee shall submit a completed “Sewer Needs Questionnaire” form and sanitary sewer calculations to justify lateral size design, allocation of discharge for each of the lateral, and


















Resolution No. 22-015
impact to the existing main. Permittee shall be responsible to implement any necessary improvements if there is any identified deficiency to the existing main as a result of the project.

41. Storm Drain Design: Permittee shall submit storm drain hydrology and hydraulic calculations based upon a 10-year storm event to justify the size of the storm drain lateral flowing full, without surcharging the main line pipe, and to be reviewed and approved by the Engineering Department.

42. Domestic Water and Fire Service Calculations: Permittee shall submit potable water and fire service calculations to confirm adequacy of lateral size, pressure and flow, to be reviewed and approved by the Engineering Department and Fire Department. Hydraulic modeling analysis by the City and paid by the Permittee may be required as needed. Permittee shall be responsible to implement any necessary improvements if there is any identified deficiency to the existing main as a result of the project.

43. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Section 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit.

44. Relocation and Adjustment of Existing Public Utilities: Permittee shall relocate and/or adjust existing public utilities as needed that are in conflict with the proposed improvements.

45. Water Service Agreement: Permittee shall complete a water service agreement to obtain water service.

46. Encroachment Permit: Prior to any work in the public right-of-way and/or public easement, obtain an encroachment permit with insurance requirements for all public improvements including a traffic control plan per the latest California Manual on Uniform Traffic Control Devices (MUTCD) standards to be reviewed and approved by the Engineering Department.

PRIOR TO BUILDING PERMIT ISSUANCE
The following conditions shall be addressed during the building plan check process and shall be met prior to any building permit issuance (except demolition permit and rough grade permit), unless otherwise approved by the Director of Engineering/ City Engineer. (E)

47. Water Supply and Force Majeure: The City reserves the right to suspend the issuance of building permits in case of an emergency declaration of water supply in the case of a major catastrophic event that restricts City’s assurance to provide water supply.

48. Water Efficient Landscapes: Permittee shall comply with Milpitas Municipal Code Title VIII, Chapter 5 Water Efficient Landscapes for landscape design, including but not limited to, providing separate water meters for domestic water service and irrigation service and providing applicable landscape documentation package.

49. Private utilities shall run within their recorded easements.

50. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here, as well as additional fees that may apply:

Exhibit B fees:
a. Hillside water reimbursement fee: $8,550
b. Treatment Plant Fee: $880 per dwelling


















Resolution No. 22-015
c. Cost of meter purchases: these were listed in Exhibit B, but the City no longer collects those. Instead we have the customer order the meters through our supplier and pay the supplier directly.

Other Fees
d. Sewer connection fee: $1,908 single family parcel (separate from Treatment Plant fee)

51. Mailboxes: The Permittee shall coordinate with US Postal Services regarding placement of required mailboxes. Mailbox location shall not be on public street frontages and shall be approved by City and US Postal Services prior to building permit issuance. Mailbox locations shall be shown on the improvement plans and Permittee shall submit a letter to the City’s Land Development Engineering Section from the Postmaster approving the location of the mailbox. Structures to protect mailboxes may require Building, Engineering and Planning Department review.

DURING CONSTRUCTION
The following conditions shall be complied with at all times during the construction phase of the project, unless otherwise approved by the Director of Engineering/City Engineer. (E)

52. Dewatering: If dewatering is needed during construction, Permittee shall obtain a Short-Term Industrial Wastewater Permit from the San Jose/Santa Clara Water Pollution Control Plant for discharging the groundwater to a sanitary sewer system.

53. Prohibition of Potable Water Usage: Permittee shall use recycled water for construction purposes, including dust control and compaction. Permittee shall comply with MMC VIII-6-5.00 and 6-6.00 where potable water usage is prohibited, unless otherwise approved by the City Council.

54. Construction Staging and Employee Parking: Permittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public right-of-ways or public easements.

55. Water Shut-down Plan: Permittee shall provide a water shut-down plan at least seven days in advance of the shut-down in coordination with the Engineering Inspector and notify affected property owners/tenants when cut-in tee(s) is/are required.

PRIOR TO FIRST OCCUPANCY
The following conditions shall be met prior to first building occupancy on either lot, unless otherwise approved the Director of Engineering/City Engineer.

56. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance.

57. Record Drawings: Permittee shall submit record drawings in Full size hard copy, AutoCAD, Tiff, and PDF formats for City records. Record drawings shall include all public improvements. Additionally, if the project uses recycled water, the permittee shall also submit record drawings of on-site irrigation facilities.

58. Private Job (PJ) Balance: Permittee shall pay for any remaining balance from the Private Job deposit. (P) = Planning (B) = Building
(E) = Engineering (F) = Fire Prevention (CA) = City Attorney


















Resolution No. 22-015

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

AGREEMENT
Permittee/Property Owner
The undersigned agrees to each and every condition of approval and acknowledges the NOTICE OF RIGHT TO PROTEST and hereby agrees to use the project property on the terms and conditions set forth in this Permit.

Dated: _________________ ______________________________________ Signature of Permittee





















Certificate Of Completion
Envelope Id: B14A4F9148CD4C7988BA9FFDD374A1C9 Status: Completed Subject: Complete with DocuSign: Reso No 22-015 for DocuSign.pdf Source Envelope:

Document Pages: 17 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Liz Medina
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 76.21.120.13
Record Tracking
Status: Original
October 30, 2023 | 11:46
Holder: Liz Medina
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Milpitas Location: DocuSign Signer Events Signature Timestamp
Chair Bill Chuan
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 67.188.2.13
Signed using mobile
Sent: October 30, 2023 | 11:49
Viewed: October 30, 2023 | 12:07
Signed: October 30, 2023 | 12:07
Electronic Record and Signature Disclosure:

Accepted: October 30, 2023 | 12:07
ID: d3fc4ee7-c325-4e00-b802-0c49bb77775b
Eugene Sakai, Studio S Squared Architecture, Inc.
[email protected]
CEO
Studio S Squared Architecture, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.11.78.214
Sent: October 30, 2023 | 12:07
Viewed: October 30, 2023 | 13:21
Signed: October 30, 2023 | 13:23
Electronic Record and Signature Disclosure:

Accepted: October 30, 2023 | 13:21
ID: 688d1780-999b-4a6a-9ffb-9d22fc25a95c
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Liz Medina
[email protected]
Administrative Assistant
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: October 30, 2023 | 13:23
Resent: October 30, 2023 | 13:23
Electronic Record and Signature Disclosure:

Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Randy Baez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: October 30, 2023 | 13:23
Viewed: October 30, 2023 | 15:08
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted October 30, 2023 | 11:49 Certified Delivered Security Checked October 30, 2023 | 13:21 Signing Complete Security Checked October 30, 2023 | 13:23 Completed Security Checked October 30, 2023 | 13:23
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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All notices and disclosures will be sent to you electronically 
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LOCATION MAP SHEET INDEX PROJECT TEAM

COVER SHEET
A0.0

N E W S I N G L E F A M I L Y H O U S E

ASSESSOR'S PARCEL MAP

T R A N - N G U Y E N R E S I D E N C E
SITE
SITE

ARCHITECTURAL
A0.0 COVER SHEET
A0.2 FLOOR AREA CALCULATIONS
A0.3 MAP WITH VIEWPOINTS LOCATION
A0.4 SITE SECTIONS
A0.5 VIEW STUDIES
A1.0a SITE PLAN
A1.0b SITE PLAN
A1.0c FIRE DEPARTMENT ACCESS SITE PLAN
A2.1a BASEMENT / 1ST FLOOR PLAN
A2.1b 2ND FLOOR PLAN
A2.2 ROOF PLAN
A3.0a EXTERIOR ELEVATIONS
A3.0b EXTERIOR ELEVATIONS
A3.1 EXTERIOR PERSPECTIVES
A3.2 EXTERIOR PERSPECTIVES
A5.0 SECTIONS
A5.1 SECTIONS
CIVIL
SU1 TOPOGRAPHIC SURVEY
SL-1 AVERAGE LOT SLOPE EXHIBIT
SL-2 AVERAGE LOT SLOPE EXHIBIT
(25' OFFSET STUDY AREA)
C-1.0 TITLE SHEET
C-2.0 GRADING AND DRAINAGE -

BASEMENT LEVEL
C-2.1 GRADING AND DRAINAGE -

MAIN LEVEL
C-2.2 GRADING AND DRAINAGE -

SECTION AA
C-2.3 GRADING AND DRAINAGE -

SECTION BB
C-2.4 DRIVEWAY PROFILE - FRONT
C-2.5 DRIVEWAY PROFILE - SIDE
C-3.0 UTILITY PLAN
C-4.0 DETAILS
C-4.1 DETAILS
C-5.0 GRADING SPECIFICATIONS
ER-1 EROSION CONTROL PLAN
ER-2 EROSION CONTROL DETAILS
EX-1 SITE GRADING EXHIBIT

LANDSCAPE
L1.0 LANDSCAPE PLANTING PLAN
L2.0 IRRIGATION PLAN
L6.0a-d LANDSCAPE LIGHTING PLAN

APPLICABLE CODES

PROJECT SUMMARY
APPLICABLE CODES (with City of Milpitas Amendments)
-2019 CALIFORNIA ADMINISTRATIVE CODE, CAC
-2019 CALIFORNIA BUILDING CODE, CBC
-2019 CALIFORNIA RESIDENTIAL BUILDING CODE, CRC
-2019 CALIFORNIA ELECTRICAL CODE, CEC
-2019 CALIFORNIA MECHANICAL CODE, CMC
-2019 CALIFORNIA PLUMBING CODE, CPC
-2019 CALIFORNIA ENERGY CODE, CEnC
-2019 CALIFORNIA HISTORICAL CODE, CHC
-2019 CALIFORNIA FIRE CODE, CFC
-2019 CALIFORNIA EXISTING BUILDING CODE
-2019 CALIFORNIA GREEN BUILDING STANDARDS
-2019 CALIFORNIA REFERENCED STANDARDS
-SANTA CLARA COUNTY STANDARD DETAIL AND SPECIFICATION SI-7 FOR CONSTRUCTION SITE SAFETY

SCOPE OF WORK DEFERRED SUBMITTALS

1. FIRE SPRINKLERS IN ACCORDANCE WITH NFPA 13D AND STATE AND LOCAL REQUIREMENTS--NOTE THAT PER CRC 313.3.7, A SIGN OR VALVE TAG SHALL BE

INSTALLED AT THE MAIN SHUTOFF VALVE TO THE WATER DISTRIBUTION SYSTEM STATING THE FOLLOWING: "WARNING, THE WATER SYSTEM FOR THIS HOME

SUPPLIES FIRE SPRINKLERS THAT REQUIRE CERTAIN FLOWS AND PRESSURES TO FIGHT A FIRE. DEVICES THAT RESTRICT THE FLOW OR DECREASE THE PRESSURE

OR AUTOMATICALLY SHUT OFF THE WATER TO THE FIRE SPRINKLER SYSTEM,

SUCH AS WATER SOFTENERS, FILTRATION SYSTEMS AND AUTOMATIC SHUTOFF

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

2. STAIR GUARDRAIL SHOP DRAWINGS SIGNED AND STAMPED BY ENGINEER TO

BE SUBMITTED TO BUILDING DEPARTMENT FOR REVIEW AND APPROVAL--NOTE

THAT SHOP DRAWINGS TO DEMONSTRATE GUARDRAIL DESIGN IS ADEQUATE TO SUPPORT A SINGLE CONCENTRATED 200 POUND LOAD APPLIED IN ANY DIRECTION AT ANY POINT ALONG THE TOP OF THE RAIL PER CRC TABLE 301.5 AND 301.5 FOOTNOTE D

3. SOLAR PHOTOVOLTAIC SYSTEM TO BE UNDER A SEPARATE PERMIT 1321 TERRA VISTA COURT, MILPITAS PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

O W N E R
Hue Tran, Vu Nguyen
393 Los Coches Street
Milpitas, California 95035
email: [email protected]

A R C H I T E C T
Studio S Squared Architecture, Inc.
1000 S Winchester Blvd
San Jose, CA 95128
attn: Isabeau Guglielmo
email: [email protected]

G E O T E C H N I C A L E N G I N E E R
Romig Engineers, Inc.
attn: Lucas Ottoboni
ph: 650 591 5224
email: [email protected]

C I V I L E N G I N E E R
Lea & Braze Engineering, Inc
attn: Pete Carlino
ph: 408 318 7863
email: [email protected]

L A N D S C A P E A R C H I T E C T
Studio S Squared Architecture, Inc.
1000 S Winchester Blvd
San Jose, CA 95128
attn: Greg Ing
email: [email protected]

STRUCTURAL
DP Advanced Engineering Inc.
3381 Walnut Blvd. Ste. 220,
Brentwood, CA 94513
attn: Scott Kaeding
ph: (925) 516-3502
email: [email protected]

THE FOLLOWING ARE REQUIRED TO BE SUBMITTED TO THE ARCHITECT FOR APPROVAL/REVIEW:

1. WINDOW/DOOR PACKAGE

2. CABINET SHOP DRAWINGS AND FINISH SAMPLES

3. MECHANICAL DUCTING PLAN

4. STAIR AND RAIL SHOP DRAWINGS

5. MISC. STEEL SHOP DRAWINGS
NOTE: SEE STRUCTURAL PLANS FOR ADDITIONAL REQUIRED SUBMITTALS FOR SHOP DRAWINGS, ETC.

REQ'D CONTRACTOR SUBMITTALS TO BUILDING
DEPT. PRIOR TO PERMIT ISSUANCE

1. LICENSE NUMBER

2. INSURANCE AND WORKER'S COMP POLICIES

3. CONSTRUCTION STAGING PLAN

4. CONSTRUCTION WASTE MANAGEMENT PLAN IN ACCORDANCE WITH CALGREEN 4.408.2

REQ'D CONTRACTOR

SUBMITTALS TO ARCHITECT
BUILD NEW TWO STORY , 5 BR AND 5.5 BA SINGLE FAMILY RESIDENCE WITH 4,928.53 LIVING S.F., 804.93 S.F. GARAGE, 799.22 S.F. PORCH AREA AND 796.79 S.F 1BR AND 1BA ADU.

TOTAL LIVING AREA INCLUDING ADU IS 5,725.32 S.F.

AUTOMATIC FIRE SPRINKLERS FOR NEW HOMES 5.1.1. AN APPROVED AUTOMATIC FIRE SPRINKLER SYSTEM (NFPA 13D MINIMUM) SHALL BE PROVIDED FOR THE HOME (LIVING SPACE, GARAGE, OUTDOOR SPACES ATTACHED TO THE HOME, ETC). CALIFORNIA FIRE CODE SECTION 903.2, AMENDED BY MILPITAS MUNICIPAL CODE V-300-2.62

NG# = NEW GARAGE AREA
NA# = NEW ADU AREA
NP# = NEW PATIO/PORCH AREA
(NOT COUNTED TOWARDS FAR,

COUNTS TOWARD LOT COVERAGE)
NL# = NEW LIVING AREA
ST# = STAIRWAY (DOES NOT COUNT AS FAR)
retaining walls, typ. 4'-2" 5'-11 1/2" 13'-7"
14'-2 1/2" 8'-10 1/2" 14'-2 1/2" 24'-7 1/2"
14'-7 1/2" 18'-9 1/2"
5'-4 1/2"
4'-7 1/2"
9'-10"
18'-0"
20'-10 1/2"
1'-6 1/2" 6'-3" 5'-5 1/2"
9'-4 1/2" 13'-8 1/2"
9'-8 1/2"
1'-7 1/2" 3'-10 1/2" 5'-5"
14'-3 1/2"
22'-5 1/2" 39'-10" 4'-7 1/2"
4'-11"
10'-1 1/2"
3'-10 1/2" 19'-9 1/2" 9'-8" 5'-3"
15'-2 1/2"
5'-4 1/2" 6'-2 1/2" 4'-5 1/2"
8'-10 1/2" 3'-1" 5'-4 1/2"
26'-0 1/2" 11'-2 1/2"
66'-6 1/2"
21'-6" 45'-0"
17'-4" 21'-6"
14'-2 1/2"
1'-6 1/2"
5'-10 1/2"
14'-2 1/2" 1'-10" 22'-10" 4'-4" 19'-2" 13'-8" 2'-4"
5'-5" 15'-2"
11'-1" 39'-10" 64'-5 1/2"
planter planter stairs down
sunken firepit
fire table
f/p
curbless entry(recess framing ~4") master suite patio
tv over low profile f/p
ba3
br2
master br
br3 mba
low library cab with art above
dining pantry
pantry
kitchen
living
family
pwdr
nook
ADU
cased opening
laundry
cased opening
100" TV
(w = 0.87 diag.)
ba2
liquor display
ba2 art wall
covered patio
his closet
her closet master foyer
loft
display winecased opening
planter
sunken firepit
fire table
planter
down
down
planter planter planter planter planter planter
planter 8'-0"
8'-0"
8'-0" 5'-0"
3'-3" 3'-3"
3'-0" 3'-0" 3'-0"
4'-0" 4'-0"
3'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0"
3'-0" 2'-6"
2'-6" 3'-0"
2'-8" 3'-0" 2'-6" 3'-0" 2'-6"2'-8"
3'-0"
4'-0" 4'-0" 4'-0" 4'-0"
ADU br PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC. TRUE E N W S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA FLOOR
AREA

CALCULATION
A0.2
1ST FLOOR AREA CALCS 3/32" 1 2ND FLOOR AREA CALCS 3/32" 2 feet 2 4 8 12 16 feet 2 4 8 12 16
NL 1
NL 2
NL 3
NL 4
NG3
NG 1
NG 2
NG 5
NL 5
NL 7
NL 8
NL 11
NL 10
NL 12
NL
16 NA 5
NA 1
NA 4
NA 2
NL 15
NL 13 STA 1
NP 1
NP 2

OPEN TO BELOW
NL 6

STAIRS AND ELEVATOR DON'T
COUNT TOWARDS FAR ST1
E1

STAIRS AND ELEVATOR

DON'T COUNT

TOWARDS FAR
E1.1
STA 2
NL 9
NG4
NA 3 NL 14

FLOOR AREA LEGEND - -
IMPERVIOUS AREA 1/32" 3
NEW HARDSCAPE IMPERVIOUS AREA: 729 S.F.

BUILDING FOOT PRINT WITH OVERHANGS: 5,988 S.F.

TOTAL IMPERVIOUS AREA: 7339 S.F.

PATIOS: 579 S.F.

DRIVEWAY - PERMEABLE
PAVERS

PARKING STRIPS - PERMEABLE

CONCRETE

WOOD DECKING - ALLOWS

DRAINAGE OF WATER BETWEEN

PLANKS,

PERMEABLE

TILE OVER DYNAMEX PEDESTAL

SYSTEM - PAVER SYSTEM THAT

ALLOWS DRAINAGE TO BELOW -

PERMEABLE

AREA THAT IS OVERHANGING

GRASS AND PERMEABLE

SURFACE -- PEDESTAL SYSTEM

ALLOWS DRAINAGE

WOOD DECKING - ALLOWS

DRAINAGE OF WATER BETWEEN

PLANKS,

PERMEABLE
HVAC EQUIPMENT CONCRETE PADS: 43 S.F.

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. 18-008

REVISION DATE DESCRIPTION DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.
21036 TRAN-NUGYEN

RESIDENCE

NEW SINGLE FAMILY RESIDENCE
1321 TERRA VISTA CT, MILPITAS, CA
BLANK

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N 2022.11.30 PLANNING DEPARTMENT SUBMITTAL IG / MKA
2023.04.28 PLANNING DEPARTMENT RESUBMITTAL IG / MKA
2023.07.20 PLANNING DEPARTMENT RESUBMITTAL IG / MKA
2023.09.01 PLANNING DEPARTMENT RESUBMITTAL IG / MKA
MAP
WITH

VIEWPOINTS

LOCATION
A0.3
MAP WITH VIEWPOINT LOCATION - 1
3 A.04
2 A.04
1 A.04

LINE OF SIGHT
VP4

PROPOSED LOCATION
VP3
VP2

LINE OF SIGHT

LINE OF SIGHT

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. 18-008

REVISION DATE DESCRIPTION DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.
21036 TRAN-NUGYEN

RESIDENCE

NEW SINGLE FAMILY RESIDENCE
1321 TERRA VISTA CT, MILPITAS, CA
BLANK

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N 2022.11.30 PLANNING DEPARTMENT SUBMITTAL IG / MKA
2023.04.28 PLANNING DEPARTMENT RESUBMITTAL IG / MKA
2023.07.20 PLANNING DEPARTMENT RESUBMITTAL IG / MKA
2023.09.01 PLANNING DEPARTMENT RESUBMITTAL IG / MKA

SITE SECTION
A0.4
SITE SECTION: FROM VIEWPOINT 2 TO SUBJECT PROPERTY 1"-250' 1SITE SECTION: FROM VIEWPOINT 3 TO SUBJECT PROPERTY 1"-250' 2SITE SECTION: FROM VIEWPOINT 4 TO SUBJECT PROPERTY 1"-250' 3 6211'-9 1/2" AREA VISIBLE FROM VIEW POINT
6023'-1" 188'-8"
5143'-1 1/2" AREA VISIBLE FROM VIEW POINT
4267'-8 1/2" AREA VISIBLE FROM VIEW POINT
5011'-1" 132'-1/2"
100
feet
300 500
100
feet
300 500
100
feet
300 500
VP4

LINE OF SIGHT

LINE OF SIGHT
VP3
VP2

LINE OF SIGHT

PROPOSED STRUCTURE

PROPOSED STRUCTURE

OBSTRUCTED

PROPOSED STRUCTURE

LINE OF SIGHT

LINE OF SIGHT

LINE OF SIGHT
SITE OBSCURED -- SEE A0.5
SITE OBSCURED BY BUILDINGS -- SEE A0.5
SITE OBSCURED -- SEE A0.5 OBSTRUCTED

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. MATCH CAD TITLE BLOCK

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N

IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.04.28 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA
1/2"
1/2"
1 /2" 0"
1/2"
1"
1"
1"
0" 0"

VIEW STUDIES
A0.5
CRESTLINE VIEW STUDIES - 1
VP4 -- SITE NOT VISIBLE
VP3 -- TOP ROW STORY POLES VISIBLE ONLY WITHIN CRESTLINE ZONE

OF PROTECTION
VP2 -- SITE NOT VISIBLE

STORY POLES INSTALLED AT SETBACK LINES AND CONTINUED INTO CRESTLINE ZONE OF PROTECTION.

GREEN PLANE REPRESENTS AREA OF THE STORY POLES OUTSIDE OF CRESTLINE RIDGE ZONE SUMMARY: WE SET UP STORY POLES ALONG THE SITE SETBACKS (AND INTO THE CRESTLINE) TO GET AN IDEA FOR THE VISIBILITY AT DIFFERENT ELEVATION POINTS FROM THE 3 CLOSEST VIEWPOINTS. THE SITE WAS COMPLETELY HIDDEN FROM 2 OF THE VIEWPOINTS (VP2 AND VP4). THE TOPMOST ROW OF FLAG ROPE WAS ONLY VISIBLE FROM VP3 WITHIN THE CRESTLINE ZONE. ONLY A SMALL CORNER OF THE FALGS WERE VISIBLE FROM THIS VIEWPOINT AND THESE FLAGS WERE ALONG THE SETBACK LINES AND CRESTLINE. THIS DETERMINED THE LIMITS OF VISIBILITY AND WE SET THE HOUSE BACK CONSIDERABLE FROM THESE SETBACKS AND CRESTLINE. AS A RESULT WE CREATED A 3D PLANE TO REPRESENT THIS TOP ROW OF STORYPOLES IN THE 3D MODEL. SINCE THERE IS

ONLY A SLIVER OF THE ROOFING ABOVE THE PLANE AND SETBACK CONSIDERABLY FROM BOTH THE SETBACKS AND CRESTLINE, IT WILL NOT BE VISIBLE FROM ANY OF THE PROTRUSIONS.

CRESTLINE VIEWPOINTS

MINOR PROTRUSION WELL

BEYOND CRESTLINE RIDGE AND

NOT VISIBLE FROM VALLEY FLOOR
3 A.04
2 A.04
1 A.04

LINE OF SIGHT
VP4
VP3
VP2

LINE OF SIGHT

LINE OF SIGHT

PROPOSED LOCATION

STORY POLES INSTALLED AT

SETBACK LINES AND ALONG

CRESTLINE ZONE OF PROTECTION

TO DETERMINE MAX EXTENTS OF
CONSTRUCTION. PROPOSED

DEVELOPMENT IS SETBACK

CONSIDERABLY FROM WHERE THE
STORY POLES WERE INSTALLED.

ONLY PORTION OF STORY POLES

VISIBLE REPRESENTED BY RED

DASHED LINE--HOUSE SETBACK

CONSIDERABLY FROM THIS LINE IN

ORDER TO NOT BE VISIBLE

WM
GM EM
HEATPUMP HEATPUMP HEATPUMP CRESTLINE ZONE OF PROTECTION (754 MAPS 52) 40'-0"

REQUIRED RIGHT SIDE SETBACK
±19'-0"
±24'-8" ±14'-2 1/2"
±11'-0"
±50'-8 1/2"

PROPOSED RIGHT SIDE SETBACK
±19'-2 1/2"
±24'-5 1/2"
±37'-11"
±12'-0" ±55'-7" PROPOSED FRONT SETBACK ±10'-0" PRIVATE SANITARY SEWER EASEMENT (754 MAPS 52) ±15'-0" PRIVATE UTILITY EASEMENT (DOC 20398768) ±11'-6" PRIVATE ROADWAY EASEMENT (DOC 20398768) ±26'-0" EMERGENCY ACCESS EASEMENT (754 MAPS 52) ±26'-0" PRIVATE STORM DRAIN EASEMENT (754 MAPS 52) ±15'-0" PRIVATE UTILITY EASEMENT (754 MAPS 52) ±4'-6" PRIVATE SLOPE EASEMENT (754 MAPS 52 25'-0" REQUIRED FRONT SETBACK ±24'-8" ±20'-0"
±44'-11"

PROPOSED LEFT SIDE SETBACK
40'-0"

REQUIRED LEFT SIDE SETBACK
±14'-9 1/2"
±80'-0"

RIGHT OF WAY
(754 MAPS 52)
±127'-7 1/2" PROPOSED REAR SETBACK ±12'-0"
±91'-4 1/2"
±28'-5 1/2"
±29'-6 1/2"
±36'-1 1/2"
±30'-9"
±6'-4 1/2"
±6'-0"
Li
Li
Li
Li
Li
Li
Li
Li
Mc
Li
Li Li Li Li
Ri Ri Ri Ri Ri Ri Ri Ri Ri
Sg
Li Li Li
Li
Li
Sl
Sl
Li Li Li Li Li Li Li Lm
Mc
Dv
Lm Lm Lm
Ro
Sl
Sl
Sl
Sl Mim
Mim
Mim
Mim
Mim
Mim
Mim
Mim Mim
Sl
Sl
Sl
Sl
Mc Mc
Mc Mc Mc
Mc Mc Mc Mc Mc Mc Ro
Ro
Lls
Lls
Lls
Lls
Lls
Lls
Lls
Lls
Dv Dv Dv Dv
Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1 R1
R1 R1
R1 R1 R1
R1 R1
Sg
Sg
Sg
Sg
Cc
Mim
Li Li Dv
R1
R1
LFT

OSH OSH
OSH
OSH
OSH
OSH
OSH
OSH ±39'-10"
±8'-10 1/2" ±14'-2 1/2" ±24'-7 1/2"
426
424
422
420
418
416
414
30 PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA SITE PLAN 1/16" 1
= NUMBER TO KEY NOTE BELOW

1. EXISTING PUBLIC RIGHT OF WAY--ANY CONSTRUCTION WITHIN THE CITY RIGHT-OF-WAY MUST HAVE AN APPROVED "PERMIT FOR CONSTRUCTION IN THE PUBLIC STREET" PRIOR TO THE COMMENCEMENT OF THIS WORK. THE PERFORMANCE

OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN

ON THE BUILDING PERMIT FOR INFORMATION ONLY

2. (N) WATER METER--CONTRACTOR TO COORDINATE (N) METER WITH LOCAL WATER

COMPANY IF REQUIRED BY INCREASED FIXTURE LOAD

3. (N) ELECTRICAL METER LOCATION--CONTRACTOR TO COORDINATE WITH LOCAL ELECTRICAL COMPANY FOR UPGRADE (400 AMPS) TO (E) ELECTRICAL SERVICE

4. UFER GROUND CONNECTION PER CEC 250-52

5. (N) GAS METER LOCATION--INSTALL TWO 2" DIAMETER X 30" TALL STEEL PIPE BOLLARDS EMBEDDED IN 2 FT DEEP CONCRETE FOOTINGS IF GAS METER IS WITHIN 3

FEET OF DRIVEWAY

6. (N) HEATPUMP UNIT PAD(S)--PROVIDE ELECTRICAL TO THIS LOCATION AS REQUIRED, VERIFY SIZE AND QUANTITY WITH HVAC CONTRACTOR. HEATPUMP UNITS TO

COMPLY WITH JURISDICTION'S NOISE ORDINANCE

7. NOT USED

8. (N) DRIVEWAY, PERMEABLE PAVING

9. (N) WALKWAY , PERMEABLE CONCRETE

10. (N) HARDSCAPE--SLOPE AWAY FROM HOUSE @ 2% MIN. SEE CIVIL AND LANDSCAPE PLANS FOR MORE INFO.

11. (N) 36" MIN. DEEP LEVEL LANDING PER CRC 311.3 W STEPS (MAX. 7.75" RISER)- PROVIDE EQUAL RISERS IF MORE THAN 1 STEP

12. (N) RETAINING WALLS--SEE CIVIL PLANS FOR MORE INFO.

13. (N) PORCH COLUMNS

14. (N) UNCOVERED PARKING SPACE

15. (N) CURB CUT PER LOCAL JURISDICTION'S STANDARD DETAIL--SEE CIVIL PLANS

16. (N) PLANTER

17. (N) SOFTSCAPE--PROVIDE DRIP IRRIGATION--SEE LANDSCAPE PLAN FOR MORE INFO.

18. NOT USED

19. (N) FIRE PIT. XL1200 ETHANOL BURNER

20. (N)OUTDOOR KITCHEN WHIT BUILT-IN GRILL LF36ATR, 36” LYNX PROFESSIONAL

21. (N) TRASH COLLECTION AREA

22. NOT USED

23. PARKING STRIPS -- PERMEABLE CONCRETE

24. (N) TREE(S)--SEE LANDSCAPE PLAN FOR MORE INFO.

25. (N) WOOD DECK.

26. (N) VEGETABLE/HERB RAISED BEDS--SEE LANDSCAPE PLAN FOR MORE INFO.

27. (N) OUTDOOR FIREPLACE -- FLEX 68DB DOUBLE SIDED BIO-FUEL FIREPLACE

28. (E) TREE(S) PREVIOUSLY APPROVED AS PART OF DEVELOPMENT TO REMAIN. TREES

NOT YET PLANTED ON SITE

29. (E) FIRE HYDRANT

30. (N) 54" HIGH, OPENWORK TYPE, WOOD FENCE -- PAINTED DARK BROWN TO MATCH METAL FENCE -- SEE DETAIL 1B/A3.2

31. (N) 42" HIGH IRON FENCE ALONG FRONT PROPERTY LINE -- SEE DETAIL 1A/A3.2

32. (N) 42" HIGH IRON VEHICULAR GATE -- APPROPRIATE KNOX PRODUCT WILL BE PROVIDED AND INSTALLED.

33. (N) 42" HIGH METAL PEDESTRIAN GATE

34. (N) 42" HIGH FENCE MASONRY COLUMN

35. (N) BUILT-IN MAILBOX
#

SITE PLAN LEGEND -
NOTES:

1. (E) WATER SUPPLY TO BE REPLACED FROM METER IN.

2. (E) SEWER LATERAL TO BE REPLACED FROM PROPERTY LINE IN.

SITE PLAN KEYNOTES -

REQUIRED YARD SETBACK/EASEMENT

NEW GARAGE AREA

NEW HARDSCAPE -- PERMEABLE CONCRETE

SPOT ELEVATION, SEE CIVIL DRAWINGS

XX FOR MORE INFO
+/-XX.XX'

PROPERTY LINE--SEE TOPO SURVEY FOR MORE INFO

TREE PROTECTION FENCING

NEW BUILDING AREA

NEW BUILDING AREA -- ADU

NEW HARDSCAPE
feet
2 4 8 16 24

SITE PLAN
A1.0a
(N) +/- 429.97'
F.F.

FINISH GRADE : +/-430.23'

LINE OF FLOOR ABOVE
FINISH GRADE : +/-430.92'
(N) 2" WATER SERVICE

WITH FIRE SPRINKLER PER
CITY STANDARD 726
(N) JOINT TRENCH
(E) PG&E TRANSFORMER
DECK F.F.: +/-427.40'
18" ABOVE

FINISH GRADE
(E) WATER METERS

AND RP DEVICES
driveway length: 73'-2"
driveway length: 149'-4 5/8"
1 1
8 10 11
15 16 16
6 5
3 4
14 23
14 23
14 23
16 25
FINISH GRADE : +/-430.13'
28 28 28
28 28
28 2
16 21
16 29
34 31 31
TYP.
32 33 35 32
30 24
TYP.
26 5 (E) WATER PIPES:
1 - 8" FIRE SERVICE
4 - 2" SERVICES FOR EACH PROPERTY
(E) 8" SANITARY

SEWER MAIN
(N) SANITARY

SEWER CLEANOUT
SSCO
(N) 4" PVC SDR-26

SANITARY SEWER

LATERAL
(E) WATER MAIN
28 12

±80'-0"

RIGHT OF WAY
(754 MAPS 52)
±17'-7" ±66'-6 1/2" ±3'-11"
±24'-7 1/2" ±39'-10"
±24'-7 1/2" ±14'-2 1/2" ±8'-10 1/2" ±14'-2 1/2" ±24'-7 1/2" ±23'-8" ±26'-3 1/2" ±9'-0"
±17'-11" ±10'-0" PRIVATE SANITARY SEWER EASEMENT (754 MAPS 52) ±15'-0" PRIVATE UTILITY EASEMENT (DOC 20398768) ±11'-6" PRIVATE ROADWAY EASEMENT (DOC 20398768) ±26'-0" EMERGENCY ACCESS EASEMENT (754 MAPS 52) ±26'-0" PRIVATE STORM DRAIN EASEMENT (754 MAPS 52) ±15'-0" PRIVATE UTILITY EASEMENT (754 MAPS 52) ±4'-6" PRIVATE SLOPE EASEMENT (754 MAPS 52 CRESTLINE ZONE OF PROTECTION (754 MAPS 52) ±8'-0" ±6'-6 1/2" ±2'-4 1/2" ±22'-10" ±14'-9"
40'-0"

REQUIRED RIGHT SIDE SETBACK
±50'-8 1/2"
PROPOSED RIGHT SIDE SETBACK ±55'-7" PROPOSED FRONT SETBACK 25'-0" REQUIRED FRONT SETBACK ±44'-11"

PROPOSED LEFT SIDE SETBACK
40'-0"

REQUIRED LEFT SIDE SETBACK
±127'-7 1/2" PROPOSED REAR SETBACK
±12'-0"
±6'-0"
±20'-0"
Li
Li
Li
Li
Li
Li
Li
Li
Mc
Li
Li Li Li Li
Ri Ri Ri Ri Ri Ri Ri Ri Ri
Sg
Li Li Li
Li
Li
Co
Co
Co
Co
Co
Co
Sl Ro
Sl
Sl
Sl
Sl
Li Li Li Li Li Li Li Lm
Mc
Dv
Dv
Dv
Dv
Lm Lm Lm
Ro
Ro
Ro
Ro
Ro
Ro
Sl
Sl
Sl
Sl Mim
Mim
Mim
Mim
Mim
Mim
Mim
Mim Mim
Sl
Sl
Sl
Sl
Mc Mc
Mc Mc Mc
Mc Mc Mc Mc Mc Mc
R1
R1
R1
R1
R1
R1
R1R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1
R1
R1
R1 R1 R1 R1 R1 R1
R1
Ro
Ro
R1
R1
R1 R1 R1 R1 R1 R1 R1 R1 R1
Ro
Ro
Lls
Lls
Lls
Lls
Lls
Lls
Lls
Lls
Lls
Cv
Cv
Cv
Cv
Cv
Cv
Cv
Cv
Cv
Cv
Cv Cv
Cv Cv Cv
Cv
Cv Cv
Cv
Cv
Cv
Cv
R1
R1
R1
Cv Cv
Cv
Cv
Dv Dv Dv Dv
Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1 R1
R1 R1
R1 R1 R1
R1 R1
Sg
Sg
Sg
Sg
Cc
Mim
Li Li Dv
R1
R1
Sl
ASK
LFT
OSH
FT
OSH
OSH
OSH
OSH
OSH
OSH
OSH
LFT
LFT
FT
FT
426
424
422
420
418
416
414 PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA SITE PLAN 1/16" 1
= NUMBER TO KEY NOTE BELOW

1. EXISTING PUBLIC RIGHT OF WAY--ANY CONSTRUCTION WITHIN THE CITY RIGHT-OF-WAY MUST HAVE AN APPROVED "PERMIT FOR CONSTRUCTION IN THE PUBLIC STREET" PRIOR TO THE COMMENCEMENT OF THIS WORK. THE PERFORMANCE

OF THIS WORK IS NOT AUTHORIZED BY THE BUILDING PERMIT ISSUANCE BUT SHOWN

ON THE BUILDING PERMIT FOR INFORMATION ONLY

2. (N) WATER METER--CONTRACTOR TO COORDINATE (N) METER WITH LOCAL WATER

COMPANY IF REQUIRED BY INCREASED FIXTURE LOAD

3. (N) ELECTRICAL METER LOCATION--CONTRACTOR TO COORDINATE WITH LOCAL ELECTRICAL COMPANY FOR UPGRADE (400 AMPS) TO (E) ELECTRICAL SERVICE

4. UFER GROUND CONNECTION PER CEC 250-52

5. (N) GAS METER LOCATION--INSTALL TWO 2" DIAMETER X 30" TALL STEEL PIPE BOLLARDS EMBEDDED IN 2 FT DEEP CONCRETE FOOTINGS IF GAS METER IS WITHIN 3

FEET OF DRIVEWAY

6. (N) HEATPUMP UNIT PAD(S)--PROVIDE ELECTRICAL TO THIS LOCATION AS REQUIRED, VERIFY SIZE AND QUANTITY WITH HVAC CONTRACTOR. HEATPUMP UNITS TO

COMPLY WITH JURISDICTION'S NOISE ORDINANCE

7. NOT USED

8. (N) DRIVEWAY, PERMEABLE PAVING

9. (N) WALKWAY , PERMEABLE CONCRETE

10. (N) HARDSCAPE--SLOPE AWAY FROM HOUSE @ 2% MIN. SEE CIVIL AND LANDSCAPE PLANS FOR MORE INFO.

11. (N) 36" MIN. DEEP LEVEL LANDING PER CRC 311.3 W STEPS (MAX. 7.75" RISER)- PROVIDE EQUAL RISERS IF MORE THAN 1 STEP

12. (N) RETAINING WALLS--SEE CIVIL PLANS FOR MORE INFO.

13. (N) PORCH COLUMNS

14. (N) UNCOVERED PARKING SPACE

15. (N) CURB CUT PER LOCAL JURISDICTION'S STANDARD DETAIL--SEE CIVIL PLANS

16. (N) PLANTER

17. (N) SOFTSCAPE--PROVIDE DRIP IRRIGATION--SEE LANDSCAPE PLAN FOR MORE INFO.

18. NOT USED

19. (N) FIRE PIT. XL1200 ETHANOL BURNER

20. (N)OUTDOOR KITCHEN WHIT BUILT-IN GRILL LF36ATR, 36” LYNX PROFESSIONAL

21. (N) TRASH COLLECTION AREA

22. NOT USED

23. PARKING STRIPS -- PERMEABLE CONCRETE

24. (N) TREE(S)--SEE LANDSCAPE PLAN FOR MORE INFO.

25. (N) WOOD DECK.

26. (N) VEGETABLE/HERB RAISED BEDS--SEE LANDSCAPE PLAN FOR MORE INFO.

27. (N) OUTDOOR FIREPLACE -- FLEX 68DB DOUBLE SIDED BIO-FUEL FIREPLACE

28. (E) TREE(S) PREVIOUSLY APPROVED AS PART OF DEVELOPMENT TO REMAIN. TREES

NOT YET PLANTED ON SITE

29. (E) FIRE HYDRANT

30. (N) 54" HIGH, OPENWORK TYPE, WOOD FENCE -- PAINTED DARK BROWN TO MATCH METAL FENCE -- SEE DETAIL 1B/A3.2

31. (N) 42" HIGH IRON FENCE ALONG FRONT PROPERTY LINE -- SEE DETAIL 1A/A3.2

32. (N) 42" HIGH IRON VEHICULAR GATE -- APPROPRIATE KNOX PRODUCT WILL BE PROVIDED AND INSTALLED.

33. (N) 42" HIGH METAL PEDESTRIAN GATE

34. (N) 42" HIGH FENCE MASONRY COLUMN

35. (N) BUILT-IN MAILBOX
#

SITE PLAN LEGEND -
NOTES:

1. (E) WATER SUPPLY TO BE REPLACED FROM METER IN.

2. (E) SEWER LATERAL TO BE REPLACED FROM PROPERTY LINE IN.

SITE PLAN KEYNOTES -

REQUIRED YARD SETBACK/EASEMENT

NEW GARAGE AREA

NEW HARDSCAPE -- PERMEABLE CONCRETE

SPOT ELEVATION, SEE CIVIL DRAWINGS

XX FOR MORE INFO
+/-XX.XX'

PROPERTY LINE--SEE TOPO SURVEY FOR MORE INFO

TREE PROTECTION FENCING

NEW BUILDING AREA

NEW BUILDING AREA -- ADU

NEW HARDSCAPE
feet
2 4 8 16 24

SITE PLAN
A1.0b
(N) +/- 440.47'
F.F. - 2ND FLOOR
FINISH GRADE : +/-430.92' FINISH GRADE : +/-430.23'
FINISH GRADE : +/-440.17'
(N) +/- 440.47'
F.F. PATIO
TYP.
1 1
10 11
12 12
10 11
16 16
16 13 20
19 10 11
8 9
16 16
27 25
25 28 28 28 28
28 28
28 28
16 TYP.
16 LINE OF ROOF OVERHANG
16 14 23
14 23
14 23
30 TYP.
12 29
30 34 31 31 32
TYP.
32 33 35
30 24
24 TYP.

TYP.
30

±43'-0" DISTANCE FROM FIRE HYDRANT TO FRONTAGE OF THE PROPERTY ±26.50'
±40.88' ±13.12' normal route length
up the stairs
±20'-0" ±21.50'
±10.00'±36.25' ±5.43' normal route length up the stairs ±26.00' ±1.13' ±2.38' ±69.50' ±12'-0"
±6'-0"
±19.50'
±13.74'
±120.75'
normal route length
±15.38' ±2.75' ±18.75'
426
424
422
420
418
416
414
±50.7'
normal route length ±15.44' normal route length
up the stairs ±27.25'
±9.0'
±5.3'
normal route length up the stairs
±4.0' PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC. TRUE E N W S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA FIRE DEPARTMENT ACCESS SITE PLAN 1/16" 1 FIRE DEPARTMENT ACCESS SITE PLAN LEGEND -

SPOT ELEVATION, SEE CIVIL DRAWINGS

XX FOR MORE INFO
+/-XX.XX'

PROPERTY LINE--SEE TOPO SURVEY FOR MORE INFO

NEW BUILDING AREA

NEW BUILDING AREA -- ADU

NEW HARDSCAPE

ROUTE OF FIRE HOSE
= NUMBER TO KEY NOTE BELOW

1. (E) FIRE HYDRANT

2. (N) 42" HIGH METAL VEHICULAR GATE -- APPROPRIATE KNOX PRODUCT WILL BE PROVIDED AND INSTALLED. #
feet 2 4 8 16 24

FIRE DEPARTMENT
ACCESS

SITE PLAN
A1.0c
(N) +/- 440.47'
F.F. - 2ND FLOOR
(N) +/- 440.47'
F.F. PATIO
145.38' Path: 150.00''
150'
138.88'
142.25' 2 1 2

1 A3.0a
2 A3.0b
2 A3.0a
1 A3.0b
1 1

A C D F G

A C D F G
2 A5.0
2 A5.0
1 A5.0 E
1 A5.1
B
B
H
H
E
2 2
4 4
6 6
5 5
3 1
A5.0
1 A5.1
med.cab. stacked w/d
queen - 60x80
office lockers mud/laundry
garage
br4
rec
ba4
covered porch
storage under stairs unconditioned
hall
yoga
R
coat W/H utility
display
powder/spa
R
steam shower
linen
hidden door
bench nookbookshelves/display
200A

SUBPANEL
200A

SUBPANEL
200A

SUBPANEL
central vacuum
GM EM

HEATPUMP HEATPUMP HEATPUMP
planter
planter
patio up
retaining walls, typ.
up
up
up
planter
planter
ADU stairs
8'-0" 10'-0"
8'-0" 8'-0" 8'-0" 8'-0" 10'-0"
4'-0" 4'-0"
4'-0" 4'-0"
3'-3" 3'-3" 3'-0" 3'-0"
2'-0" 2'-0" 3'-0"
3'-0"
3'-0"
3'-0"
2'-6"
6'-0" 17'-0" 32'-9 1/2"
24'-8" 14'-2 1/2" 8'-10 1/2" 14'-2 1/2" 24'-7 1/2" 19'-6" 4'-2" 12'-9" 4'-9 1/2" 21'-4" 8'-10 1/2" 5'-5" 33'-5" 2'-4 1/2" 8'-4" 3'-0" 2'-5" 4'-8 1/2" 4'-0" 6'-8 1/2" 9'-8 1/2" 4'-1 1/2" 6'-3 1/2" 2'-4 1/2" 12'-5" 8'-10 1/2" 5'-8 1/2" 8'-9 1/2" 5'-6 1/2"
19'-2 1/2"
23'-10 1/2"
18'-9 1/2"
13'-5 1/2" 24'-5 1/2"
11'-11" 8'-9" 5'-0" 13'-3 1/2"
13'-3 1/2" 9'-5" 5'-1 1/2"
8'-4"
9'-2 1/2" 3'-10"
11'-7 1/2"10'-7 1/2" 9'-9 1/2" 5'-9 1/2" 4'-10" 6'-9" 7'-0 1/2" 7'-11 1/2" 8'-7 1/2" 5'-6 1/2" 18'-9 1/2"
7'-6 1/2" 4'-7 1/2"
(N) WALL: EXTERIOR: 2x6 STUDS @16" O.C.; INTERIOR 2x4 STUDS @16"O.C--SEE ELEVATIONS AND STRUCTURAL DRAWINGS FOR
EXTERIOR WALL MATERIAL ASSEMBLIES. OVER EXTERIOR WALLS
SHEATHING PER CRC 703.2--INSTALL PER MANUF. INSTRUCTIONS.

PROVIDE 5/8" TYPE 'X' GYPSUM BOARD EACH SIDE @ INTERIOR PARTITIONS. PROVIDE CEMENT BOARD OR TILE BACKER BOARD
AT SHOWER/TUB LOCATIONS. ALL WALLS TO RECEIVE (N) PAINT FINISH. ALL CEILINGS AT TUB/SHOWERS TO BE M.R. BOARD

FLOOR PLAN LEGEND -
(E) WALL TO REMAIN: REPAIR DAMAGE CAUSED BY REMOVING
FINISHES AS NOTED ON A2.0. ALL WALLS TO RECEIVE (N) PAINT FINISH.

FLOOR PLAN KEYNOTES -
feet
1 2 4 6 8 1ST FLOOR PLAN 3/16" 1
1ST

FLOOR PLAN
/ BASEMENT
A2.1a PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

1 A3.0a
2 A3.0b
2 A3.0a
1 A3.0b
1 1

A C D F G

A C D F G
2 A5.0
2 A5.0
1 A5.0 E
1 A5.1
B
B
H
H
E
2 2
4 4
6 6
5 5
3 1
A5.0
1 A5.1
planter planter stairs down
sunken firepit
fire table
f/p
king - 76x80
cal king - 72x84
queen - 60x80
24"
dw
36" range 42" ref - flush inset desk 48"range
36" ref
column
36" ref
column
wall oven 24" dw 24" dw queen - 60x80dresser
30" ref
column dw24"
3030
venting
curbless entry(recess framing ~4")
med.cab. dresser
master suite patio
tv over low profile f/p
ba3
br2
master br
br3
mba
low library cab with art above
dining
pantry
pantry
kitchen
living
family
pwdr
nook
ADU
cased opening
W
34x29
D
34x29
laundry
cased opening
100" TV
(w = 0.87 diag.)
ba2
stacked
w/d
dresser
shaft
4646
venting
3030
venting med.cab.
3030
venting
3030
venting
3030
venting
3030
venting
3030
venting
liquor display low ht cabinet
ba2 art wall
covered patio
his
closet
her
closet master foyer
3030
venting
loft
display winecased opening
built-in desk
36"grille 24" u.c. ref
planter
sunken firepit
fire table
planter
down
down
planter planter planter planter planter planter
planter 8'-0"
8'-0"
8'-0" 5'-0"
3'-3" 3'-3"
3'-0" 3'-0" 3'-0"
4'-0" 4'-0"
3'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0"
3'-0" 2'-6"
2'-6" 3'-0"
2'-8" 3'-0" 2'-6" 3'-0" 2'-6" 2'-8"
3'-0"
4'-0" 4'-0" 4'-0" 4'-0"
ADU
br 1'-6 1/2" 11'-4" 3'-9 1/2" 13'-11 1/2"
24'-7 1/2" 14'-2 1/2" 8'-10 1/2" 14'-2 1/2" 24'-7 1/2"
10'-7 1/2" 13'-0 1/2" 14'-9" 12'-10 1/2" 12'-2"
17'-4"
58'-8 1/2" 5'-4 1/2" 2'-0" 6" 1'-0" 6'-0" 1'-0" 24'-7 1/2" 25'-11 1/2" 5'-6" 4'-0 1/2" 1'-6" 5'-5 1/2"1'-7" 22'-5 1/2" 1'-3" 1'-0" 21'-4" 9'-8 1/2"
14'-10" 5'-10 1/2"
13'-5 1/2"
10'-11" 4'-5" 7'-5 1/2" 4'-0" 23'-3 1/2"
4'-9 1/2" 6'-1 1/2" 5'-7" 8'-1 1/2" 4'-11 1/2" 8'-4" 9'-9 1/2" 7'-4" 6'-3" 24'-9 1/2" 13'-5" 11'-3"
13'-3 1/2"
11'-7 1/2"
10'-5 1/2"
10'-7 1/2"
1'-6 1/2"
16'-10 1/2"
13'-2 1/2"
4'-11 1/2" 7'-6" 5'-6 1/2" 4'-11" 7'-10" 9'-2" 4'-0" 6'-4" 2'-0" 4'-11 1/2" 13'-8 1/2" 13'-3 1/2" 5'-11 1/2" 5'-4" 9'-2 1/2" 5'-6 1/2" 2'-6" 10'-9" 2'-9" 5'-10" 2'-9" 5'-0" 5'-0" 1'-3" 9'-3" 1'-3" 4'-9" 4'-10" 13'-0 1/2" (N) WALL: EXTERIOR: 2x6 STUDS @16" O.C.; INTERIOR 2x4 STUDS @16"O.C--SEE ELEVATIONS AND STRUCTURAL DRAWINGS FOR
EXTERIOR WALL MATERIAL ASSEMBLIES. OVER EXTERIOR WALLS
SHEATHING PER CRC 703.2--INSTALL PER MANUF. INSTRUCTIONS.

PROVIDE 5/8" TYPE 'X' GYPSUM BOARD EACH SIDE @ INTERIOR PARTITIONS. PROVIDE CEMENT BOARD OR TILE BACKER BOARD
AT SHOWER/TUB LOCATIONS. ALL WALLS TO RECEIVE (N) PAINT FINISH. ALL CEILINGS AT TUB/SHOWERS TO BE M.R. BOARD

FLOOR PLAN LEGEND -
(E) WALL TO REMAIN: REPAIR DAMAGE CAUSED BY REMOVING
FINISHES AS NOTED ON A2.0. ALL WALLS TO RECEIVE (N) PAINT FINISH.

FLOOR PLAN KEYNOTES -
feet
1 2 4 6 8 2ND FLOOR PLAN 3/16" 1
2ND

FLOOR PLAN
A2.1b PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA XL1200 Ethanol Burner
FLEX 68DB
Double Sided
Bio-fuel Fireplace
LF36ATR
36” Lynx Professional
Built-in Grill
DEU2450BG
24" Designer
Under-counter Beverage Center
Panel Ready
Faucet: Brizo Artesso Faucet
Sink: Kohler Vault 24" Undermount Single Basin

1 A3.0a 2
A3.0b 2
A3.0a 1
A3.0b 1 1 A C D F G A C D F G 2
A5.0 2
A5.0 1
A5.0 E 1
A5.1 BB HH E 2 24 46 6 5 53 1
A5.0 1
A5.1 1'-0"
1'-0" 1'-1"
11" PROJECT NO. REVISION 21-036 DESCRIPTION DATE Milpitas, 1321 Terra Vista Court Hue Tran Vu Nguyen F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983 Tran-Nguyen Residence NEW SINGLE FAMILY HOUSE DRAWN BY C STUDIO S SQUARED ARCHITECTURE, INC. TRUE E N W S PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA LOWER ROOF PLAN 1/4" 1

ATTIC VENTILATION CALCULATIONS AND NOTES -

ROOF PLAN LEGEND

DENOTES DIRECTION OF SLOPE FROM HIGH TO LOW--ROOF SLOPE APPROX., REFER TO ELEVATIONS FOR MAX HT AND VERTICAL CONTROL LINE OF BLDG. BELOW

1. INSTALL ALL NEW ROOFING MATERIALS--SEE LEGEND BELOW FOR

MATERIALS--CONFIRM COLOR SELECTION W/ OWNER PRIOR TO PLACING ORDER

2. PAINT ALL ROOF PENETRATIONS TO MATCH ROOFING COLOR.

3. [RUN PLUMBING/HVAC VENTS TO FALSE CHIMNEY PROVIDED. NO ROOF

PENETRATIONS THROUGH ROOF THAT ARE VISIBLE FROM THE STREET WILL BE ACCEPTED.] PLUMBING VENTS TO BE MIN. 10' AWAY FROM, OR AT LEAST 3' ABOVE ANY OPERABLE WINDOW OR SKYLIGHT PER CPC 906.2.

4. ROUTE PLUMBING VENTS WITHIN ATTIC SPACE SO THAT ROOF PENETRATIONS

ARE BEHIND MAIN ROOF RIDGE AND ARE NOT VISIBLE FROM THE STREET

5. FUTURE SOLAR PANELS PER CEC 110.10 (MINIMUM 250 S.F. ON A SOUTH SIDE ORIENTATION). KEEP AREA CLEAR OF ROOFING EYEBROW, MECHANICAL AND PLUMBING VENTS.

6. SEE ROOF PLAN FOR SLOPE.

7. PROVIDE (N) GSM ROOF JACKS, TYP. CAULK ALL EXPOSED NAIL HEADS WITH SILICONE SEALANT.

8. PROVIDE (N) GUTTERS AND DOWNSPOUTS AT LOCATIONS SHOWN--GUTTERS TO SLOPE 1:240 FRONT-TOBACK, BUT TO BE LEVEL SIDE TO SIDE

9. INSTALL KICKOUT FLASHING PER 8/A8.0 WHEREVER GUTTERS TERMINATE AT A WALL

10. ALL PLATE HEIGHTS PER SECTIONS AND RCP. SEE STRUCTURAL DRAWINGS FOR ADDITIONAL INFORMATION.

11. CONNECT ALL DOWNSPOUTS TO FLEXIBLE PLASTIC DRAINPIPE AND RUN TO A

LOCATION SPECIFIED BY CIVIL PLANS

ROOF GENERAL NOTES -
NOTE:

1. SEE 2/A0.1a FOR PLUMBING GENERAL NOTES

2. SEE 3/A0.1a FOR MECHANICAL GENERAL NOTES

3. SEE 4/A0.1a FOR ELECTRICAL GENERAL NOTES

4. SEE 5/A0.1a FOR PLAN AND INTERIOR GENERAL NOTES
SINGLE PLY ROOFING, MIN CLASS "A"--MANUF: GAF OR EQUAL; STYLE:

FULLY ADHERED EVERGUARD EXTREME TPO ROOFING MEMBRANE;
THICKNESS: 60 MILLIMETER MIN.--INSTALL O/ 1/2" HIGH DENSITY POLYISO BOARD O/ SLOPING PLYWOOD SHEATHING TO ENSURE MIN. 3/8:12 SLOPE. INSTALL RIVER-WASHED ROUND STONE BALLAST o/ 6-OZ MIN.

POLYMAT FILTER FABRIC o/ ROOFING MEMBRANE AT LOW ROOFS THAT ARE VISIBLE FROM 2ND FLOOR WINDOWS--INSTALL PER MANUF.
20-YEAR WARRANTY INSTRUCTIONS.

DENOTES FLAT ROOF DRAIN CONNECTED TO HARDPIPED 2" RAIN
WATER LEADER AND 2" ROOF OVERFLOW. OVERFLOW TO BE
CONNECTED TO ESCUTCHEON--SEE DETAILS [XXX/XXXX]--ENSURE

ROOFING OVERLAPS ROOF DRAIN PER BOTH DRAIN AND ROOF
MANUF. DIRECTIONS {avoid roof drainage in wall cavities where possible}
STANDING SEAM METAL ROOF, MIN CLASS A--MANUF: AEP SPAN; STYLE:

DESIGN SPAN - DURA TECH ; COVERAGE: 16"; GAUGE: 22; COLOR:

COOL ZINC MIDNIGHT BRONZE--VERIFY FINAL SELECTION WITH OWNER PRIOR TO PLACING ORDER. INSTALL PER MANUF. WARRANTY
INSTRUCTIONS AND [UES EVALUATION REPORT #0309]
ROOFTOP PATIO TO BE TILE o/ BISON DECK SUPPORTS (bisonip.com) o/ 40+ PSI DENSITY CLOSED CELL EXTRUDED POLYSTYRENE INSULATION (MIN. 1.5 INCHES THICK) o/ ROOFING MEMBRANE SLOPED MIN. 3/8:12--INSTALL ALL COMPONENTS PER MANUFACTURER'S WARRANTY INSTRUCTIONS. THE CONTRACTOR ASSUMES THE RESPONSIBILITY FOR

AND MUST TAKE INTO CONSIDERATION THE STRUCTURAL CAPABILITY

AND ADEQUACY OF THE STRUCTURE TO CARRY THE DEAD AND LIVE

LOAD WEIGHT(S) INVOLVED, AND THAT THE DENSITY OF ANY

INSULATION IS SATISFACTORY TO RESIST CRUSHING AND DAMAGING THE WATERPROOFING MEMBRANE.

DENOTES GUTTER DRAIN (3" DIA.) AND DOWNSPOUT (2" X 3") 26 GA ALUMINUM - PAINTED TO MATCH TRIM COLOR-- VERIFY SPEC. W/ OWNER. INSTALL PER MFR. INSTRUCTIONS
DS
feet 1 2 3 4 6 RIDGE
DS
HIP

ROOF PLAN
A2.2 RIDGE VALLEY HIP VALLEY
VALLEY
HIP
skylight 9:12
10:12 10:12 4:12 4:12 4:12 4:12 4:12 4:12 9:12
9:12
9:12
DS

DS DS DS
DS
.5:12 .5:12 .5:12
.5:12 .5:12
.5:12 .5:12 .5:12 .5:12
patio overhang
chimney chimney
skylight
skylight
skylight
skylight
skylight
skylight
skylight
skylight
skylight .5:12 .5:12
.5:12 .5:12 .5:12

DS RIDGE VALLEY VALLEY
10:12 10:12 9:12
9:12
DS

SOLAR ZONE A

SOLAR ZONE C SOLAR ZONE B

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. MATCH CAD TITLE BLOCK

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N

IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.04.28 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

EXTERIOR

ELEVATIONS
A3.0a
SOUTH-EAST ELEVATION (LEFT) 3/16" 2
SOUTH-WEST ELEVATION (FRONT) 3/16" 1
# = NUMBER OF KEYNOTE BELOW

ELEVATION GRID LINE KEY - -
NOTES:

1. SEE 2/A0.1a FOR PLUMBING GENERAL NOTES2. SEE 3/A0.1a FOR MECHANICAL GENERAL NOTES3. SEE 3/A0.1a FOR ELECTRICAL GENERAL NOTES4. SEE 4/A0.1a FOR PLAN AND INTERIOR GENERAL NOTES5. EXTERIOR HARDSCAPE AND EXTERIOR STAIRS NOT SHOWN FOR CLARITY--SEE A0.3a FOR 3D MODEL VIEWS

KEYNOTES - -
feet
12 4 36
feet
12 4 36

ELEVATION GRID LINE KEY
A 1ST FLOOR TOP OF STRUCTURE = +/- 429.97'B GRADE FOR DETERMINING HEIGHT = +/- 430.13'C 1ST FLOOR CEILING HEIGHT (U.N.O.) = +/- 438.97'D 2ND FLOOR TOP OF STRUCTURE (U.N.O.) = +/- 440.22'E 2ND FLOOR CEILING FEIGHT (U.N.O.) = +/- 449.22F PROPOSED BUILDING HEIGHT = +/- 457.0'G MAX BUILDING HEIGHT ALLOWED = 27'-0" +/- 457.13' 1 STANDING SEAM METAL ROOFING--SEE ROOF PLAN FOR MORE INFO2 PATIO OVERHANG--SEE ROOF PLAN FOR MORE INFO3 SKYLIGHT--SEE WINDOW SCHEDULE FOR MORE INFO4 PAINTED STEEL TROWELED IGNITION RESISTANT CEMENT PLASTER SYSTEM (SMOOTH FINISH) - 7/8" PLASTER O/ METAL LATH O/ 2 LAYERS GRADE 'D' OR BETTER BUILDING PAPER, 3 COAT SYSTEM WITH 26 ga. WEEP SCREED AT WALL BASE AT LEAST 4" ABOVE GRADE OR 2" ABOVE HARDSCAPE--SEE DETAILS [XX/XX]--DO NOT USE "DOUBLE-ROLL" INSTALLATION FOR BUILDING PAPER 5 WOOD FRAMED "FALSE" CHIMNEY WITH 10" TALL PRECAST STONE CORNICE CAP-- www.chimneyking.com--SEE ROOF PLAN FOR LOCATION--INTENT OF CHIMNEY IS TO SCREEN MULTIPLE PLUMBING/HVAC ROOF PENETRATIONS FROM VIEW 6 ADHERED LIGHTWEIGHT STONE VENEER (<15 LBS/SF)--MANUF.: KONATURAL STONE; STYLE: BUFF -- REAL STONE ; COLOR: POWDER GRAY; INSTALLATION STYLE: DRYSTACK; WAINSCOT SILL OVER STEEL "L" ANGLE: CHISELED EDGE; SILL COLOR: GRAY--https://konaturalstone.com/signature-collection/buff-- USE POLYMER-MODIFIED SETTING MORTAR --INSTALL PER MANUF. INSTRUCTIONS, ICC-ES EVALUATION REPORT ESR-1215, AND MVMA INSTALLATION GUIDE FOR COMPLIANCE WITH ASTM C1780. CONTACT TERESA VASQUEZ AT BORAL STONE GROUP (415-418-9730, [email protected]) FOR FIELD REVIEW OF LATH INSTALLATION PRIOR TO INSTALLING SCRATCH COAT. SEAL VENEER WITH SILANE OR SILOXANE BASED MASONRY TREATMENT SUCH AS CRAFTSHIELD PER MANUF. INSTRUCTIONS. 7 PREFINISHED METAL PANELS -- https://purefreeform.com/portfolio-item/federal-oil-rubbed --OR

EQUAL TO MATCH WINDOW FINISH
8 PAINT GRADE REDWOOD TRELLIS--SEE ROOF PLAN FOR MORE INFO9 STAIN GRADE WOOD GARAGE DOOR --SEE DOOR SCHEDULE FOR MORE INFO10 WINDOW/DOOR OPENING WITH SIMULATED DIVIDED LITES: GRIDS ON THE INTERIOR AND EXTERIOR OF THE GLASS AND A SPACER BAR BETWEEN THE PANES OF GLASS--SEE WINDOW AND DOOR SCHEDULES FOR MORE INFO--DOORS AND WINDOWS TO HAVE 3" [PAINT GRADE WOOD/STAIN GRADE WOOD/PAINTED FIBER CEMENT/PVC] TRIM TYPICAL, U.N.O. 11 FIELD PAINTED STEEL COLUMN--S.S.D. FOR MORE INFO12 EXTERIOR LIGHT, INSTALL PER MANUF. INSTRUCTIONS--MANUF.:HINKLEY LIGHTING ; STYLE: ROOK 1 LIGHT,

5.75 INCH OUTDOOR WALL LIGHT ; DARK SKY RATED; COLOR: BRONZE ; https://www.hinkley.com/ 13 STUCCO LOW WALL14 OUTDOOR KITCHEN--OWNER TO PROVIDE SPECS15 DECORATIVE IRON RAIL16 GLASS GUARD RAIL17 VERISTONE TRIM 8" HIGH18 PLANTER19 ROOF TERRACE PLANTERS20 OUTDOOR FIREPLACE ABCDE
9'-0" 1'-3"
27'-0"
9'-0"
26'-10 1/2"
FG
2"
ABCDE
9'-0" 1'-3"
27'-0"
9'-0"
26'-10 1/2"
FG
2"
1 TYP. 6
3 TYP. 2 TYP.
4 TYP. 5 TYP. 5 TYP.
9 TYP. 7 TYP.
10 10 12 TYP. 13

MAX BUILDING HEIGHT MAX BUILDING HEIGHT
TYP. TYP. 17 TYP. 18 TYP. 8
16 15 TYP.
8 18 20 TYP.
5'-4"

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. MATCH CAD TITLE BLOCK

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N

IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.04.28 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

EXTERIOR

ELEVATIONS
A3.0b
NORTH-WEST ELEVATION (LEFT) 3/16" 2
NORTH-EAST ELEVATION (FRONT) 3/16" 1
# = NUMBER OF KEYNOTE BELOW

ELEVATION GRID LINE KEY - -
NOTES:

1. SEE 2/A0.1a FOR PLUMBING GENERAL NOTES2. SEE 3/A0.1a FOR MECHANICAL GENERAL NOTES3. SEE 3/A0.1a FOR ELECTRICAL GENERAL NOTES4. SEE 4/A0.1a FOR PLAN AND INTERIOR GENERAL NOTES5. EXTERIOR HARDSCAPE AND EXTERIOR STAIRS NOT SHOWN FOR CLARITY--SEE A0.3a FOR 3D MODEL VIEWS

KEYNOTES - -
feet
12 4 36
feet
12 4 36

ELEVATION GRID LINE KEY
A 1ST FLOOR TOP OF STRUCTURE = +/- 429.97'B GRADE FOR DETERMINING HEIGHT = +/- 430.13'C 1ST FLOOR CEILING HEIGHT (U.N.O.) = +/- 438.97'D 2ND FLOOR TOP OF STRUCTURE (U.N.O.) = +/- 440.22'E 2ND FLOOR CEILING FEIGHT (U.N.O.) = +/- 449.22F PROPOSED BUILDING HEIGHT = +/- 457.0'G MAX BUILDING HEIGHT ALLOWED = 27'-0" +/- 457.13' 1 STANDING SEAM METAL ROOFING--SEE ROOF PLAN FOR MORE INFO2 PATIO OVERHANG--SEE ROOF PLAN FOR MORE INFO3 SKYLIGHT--SEE WINDOW SCHEDULE FOR MORE INFO4 PAINTED STEEL TROWELED IGNITION RESISTANT CEMENT PLASTER SYSTEM (SMOOTH FINISH) - 7/8" PLASTER O/ METAL LATH O/ 2 LAYERS GRADE 'D' OR BETTER BUILDING PAPER, 3 COAT SYSTEM WITH 26 ga. WEEP SCREED AT WALL BASE AT LEAST 4" ABOVE GRADE OR 2" ABOVE HARDSCAPE--SEE DETAILS [XX/XX]--DO NOT USE "DOUBLE-ROLL" INSTALLATION FOR BUILDING PAPER 5 WOOD FRAMED "FALSE" CHIMNEY WITH 10" TALL PRECAST STONE CORNICE CAP-- www.chimneyking.com--SEE ROOF PLAN FOR LOCATION--INTENT OF CHIMNEY IS TO SCREEN MULTIPLE PLUMBING/HVAC ROOF PENETRATIONS FROM VIEW 6 ADHERED LIGHTWEIGHT STONE VENEER (<15 LBS/SF)--MANUF.: KONATURAL STONE; STYLE: BUFF -- REAL STONE ; COLOR: POWDER GRAY; INSTALLATION STYLE: DRYSTACK; WAINSCOT SILL OVER STEEL "L" ANGLE: CHISELED EDGE; SILL COLOR: GRAY--https://konaturalstone.com/signature-collection/buff-- USE POLYMER-MODIFIED SETTING MORTAR --INSTALL PER MANUF. INSTRUCTIONS, ICC-ES EVALUATION REPORT ESR-1215, AND MVMA INSTALLATION GUIDE FOR COMPLIANCE WITH ASTM C1780. CONTACT TERESA VASQUEZ AT BORAL STONE GROUP (415-418-9730, [email protected]) FOR FIELD REVIEW OF LATH INSTALLATION PRIOR TO INSTALLING SCRATCH COAT. SEAL VENEER WITH SILANE OR SILOXANE BASED MASONRY TREATMENT SUCH AS CRAFTSHIELD PER MANUF. INSTRUCTIONS. 7 PREFINISHED METAL PANELS -- https://purefreeform.com/portfolio-item/federal-oil-rubbed --OR

EQUAL TO MATCH WINDOW FINISH
8 PAINT GRADE REDWOOD TRELLIS--SEE ROOF PLAN FOR MORE INFO9 STAIN GRADE WOOD GARAGE DOOR --SEE DOOR SCHEDULE FOR MORE INFO10 WINDOW/DOOR OPENING WITH SIMULATED DIVIDED LITES: GRIDS ON THE INTERIOR AND EXTERIOR OF THE GLASS AND A SPACER BAR BETWEEN THE PANES OF GLASS--SEE WINDOW AND DOOR SCHEDULES FOR MORE INFO--DOORS AND WINDOWS TO HAVE 3" [PAINT GRADE WOOD/STAIN GRADE WOOD/PAINTED FIBER CEMENT/PVC] TRIM TYPICAL, U.N.O. 11 FIELD PAINTED STEEL COLUMN--S.S.D. FOR MORE INFO12 EXTERIOR LIGHT, INSTALL PER MANUF. INSTRUCTIONS--MANUF.:HINKLEY LIGHTING ; STYLE: ROOK 1 LIGHT,

5.75 INCH OUTDOOR WALL LIGHT ; DARK SKY RATED; COLOR: BRONZE ; https://www.hinkley.com/ 13 STUCCO LOW WALL14 OUTDOOR KITCHEN--OWNER TO PROVIDE SPECS15 DECORATIVE IRON RAIL16 GLASS GUARD RAIL17 VERISTONE TRIM 8" HIGH18 PLANTER19 ROOF TERRACE PLANTERS20 OUTDOOR FIREPLACE ABCDE
9'-0" 1'-3"
27'-0"
9'-0"
26'-10 1/2"
FG
2"
ABCDE
9'-0" 1'-3"
27'-0"
9'-0"
26'-10 1/2"
FG
2"
14 11

MAX BUILDING HEIGHT MAX BUILDING HEIGHT
+/-430.13'

LOWEST FINISH GRADE
2 11 15
3'-6"
3 11
19 3'-6"
3'-6"
7'-6"

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. MATCH CAD TITLE BLOCK

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N

IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.04.28 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

EXTERIOR

PERSPECTIVES
A3.1
PERSPECTIVE EXTERIOR FRONT HIGH - 6 PERSPECTIVE EXTERIOR FRONT RIGHT - 3 PERSPECTIVE EXTERIOR FRONT LEFT - 2
PERSPECTIVE EXTERIOR FRONT - 1
PERSPECTIVE EXTERIOR LEFT HIGH - 5
PERSPECTIVE EXTERIOR RIGHT HIGH - 4

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. MATCH CAD TITLE BLOCK

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N

IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.04.28 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

EXTERIOR

PERSPECTIVES
A3.2
PERSPECTIVE EXTERIOR RIGHT - 6 PERSPECTIVE EXTERIOR REAR PATIO - 3 PERSPECTIVE EXTERIOR FRONT ENTRY - 2
EXTERIOR FENCES - 1
PERSPECTIVE EXTERIOR POOL - 5
PERSPECTIVE EXTERIOR REAR PATIO HEIGHT - 4
A | IRON FENCE -- ALONG FRONT PROPERTY LINE
3'-6"

ELEVATIONPERSPECTIVE
6'-3 1/2"
B | WOOD FENCE -- ALONG SIDE AND REAR PROPERTY LINES

PERSPECTIVE

ELEVATION
4'-6"
10'-1"
9'-6"
1'-1 1/4"
2 3/4"
1'-1 1/4"
2 3/4"
1'-1 1/4"
2 3/4"
2 3/4"
3 1/2" 3 1/2"
3 1/4"
3"
2'-8"
4"2"
1"
3 1/4"
2"
3/4"

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. MATCH CAD TITLE BLOCK

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N

IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.04.28 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

SECTIONS
A5.0

ELEVATION GRID LINE KEY --
NOTES:

1. SEE 2/A0.1a FOR PLUMBING GENERAL NOTES2. SEE 3/A0.1a FOR MECHANICAL GENERAL NOTES3. SEE 3/A0.1a FOR ELECTRICAL GENERAL NOTES4. SEE 4/A0.1a FOR PLAN AND INTERIOR GENERAL NOTES5. SEE BID INSTRUCTIONS FOR INSULATION VALUES. INSULATION TO BE NOT LESS THAN AS INDICATED IN T24 REPORT

SEE EXTERIOR ELEVATIONS FOR ELEVATION GRID LINE KEY

KEYNOTES --
SECTION 2 1/4" 2SECTION 1 1/4" 1
# = NUMBER OF KEYNOTE BELOW
feet
12 4 36
feet
12 4 36
27'-0"
26'-10 1/2"
27'-0"
26'-10 1/2"
12'-1"

MAX BUILDING HEIGHT
ABCDE
9'-0" 1'-3" 9'-0"
FG
2"

MAX BUILDING HEIGHT
ABCDE
9'-0" 1'-3" 9'-0"
FG
2"
9'-0" 1'-3" 9'-0" LIVING
BEDROOM #2 BATHROOM #2 BEDROOM #3 ADU
GYM BEDROOM #4 FOYER GARAGE
HALL
FOYER
CRAWLSPACE MIN. 18"

1000 S. Winchester Blvd
San Jose, CA 95128
P : (408) 998 - 0983
PROJECT NO. MATCH CAD TITLE BLOCK

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen

F O R P E R M I T A P R O V A L O N L Y - - N O T F O R C O N S T R U C T I O N

IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.04.28 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA

SECTIONS
A5.1

ELEVATION GRID LINE KEY - -
NOTES:

1. SEE 2/A0.1a FOR PLUMBING GENERAL NOTES2. SEE 3/A0.1a FOR MECHANICAL GENERAL NOTES3. SEE 3/A0.1a FOR ELECTRICAL GENERAL NOTES4. SEE 4/A0.1a FOR PLAN AND INTERIOR GENERAL NOTES5. SEE BID INSTRUCTIONS FOR INSULATION VALUES. INSULATION TO BE NOT LESS THAN AS INDICATED IN T24 REPORT

SEE EXTERIOR ELEVATIONS FOR ELEVATION GRID LINE KEY

KEYNOTES - -
SECTION 3 3/16" 1
# = NUMBER OF KEYNOTE BELOW
feet
12 4 36
27'-0"
26'-10 1/2"
12'-1"

MAX BUILDING HEIGHT
ABCDE
9'-0" 1'-3" 9'-0"
FG
2"

FAMILY LIVING DINING KITCHEN PANTRY
CRAWLSPACE MIN. 18"

NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

CUBIC YARDS WITHIN BUILDING

FOOTPRINT

OUTSIDE

BUILDING

FOOTPRINT

TOTAL CUBIC
YARDS
CUT 3,005
FILL 435
EXPORT 2,570

” ”
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

” ”
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

DATUM ELEV
410.00

DATUM ELEV
410.00

DATUM ELEV
410.00

DATUM ELEV
420.00

DATUM ELEV
420.00

”
”
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

(6) Ag (3) R2 (9) Lpb (9) R2 (9) R2 (1) R2 (5) Achillea , Lavender m synthetic turf (8) Liriope (1) ASK (3) LFT LiLi (3) OSH (1) OSH (4) OSH Li Li LiLi Li Li Mc Li Li Li Li Li Ri Ri Ri Ri Ri Ri Ri Ri Ri Coprosma kirkii or Myoporum p. Sg (3) FT Li Li Li Li Li Co Co Co Co Co Co Ro (8) Ng Sl Sl Sl Sl Sl Li Li Li Li Li Li Li Lm Mc Dv Dv DvDv Lm Lm Lm RoRoRoRo RoRo Sl Sl Sl Sl Mim Mim Mim Mim Mim Mim Mim Mim Mim (8) Ea Sl Sl Sl Sl Mc McMc Mc Mc Mc Mc Mc Mc Mc Mc Li-Lavender intermedia Sg--Salvia gregii LFT-Lagerstroemia 'Tuscarora' Mp-Myoporum parvifolia Dv--Dietes variegata Lpb-- Lomandra 'Platinum Beauty' Sl-Salvia leucantha OSH-Olea 'Swan Hill' R1 R1 R1R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1R1 R1 R1 R1 R1 R1 R1 R1 RoRo R1R1 Mc-Myrica californica Ri-Rhus integrifolia MLG-Magnolia 'Little Gem' ARM-Arbutus 'Marina' Lwl-Lantana 'White Lightning' Llt-Lomandra 'Lime Tuff' (9)Llt R1 R1 R1 R1 R1 R1 R1 R1 R1 TLE-Tristanopsis 'Elegant' multi Mi-Mimulus 'Jelly Bean' Ro-Rhus ovata RoRo Lls Lls Lls Lls Lls Lls Lls Lls Lls Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv Cv R1R1R1 Cv Cv Cv Cv (42) R1 Co-Cercis occidentalis Dv Dv Dv Dv Dv--Dietes variegata Terra Vista Court Country Club Drive APPROX. LOCATIONS OF EX. OAKS ALONG COUNTRY CLUB DR. veg/herb beds Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg Sg OSH-Olea 'Swan Hill' R1R1R1 R1R1R1 R1R1R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 Blow-up Irrigation Point of Connection Sg Sg Sg SgCc Mim Li Li Dv R1 R1 (6) Dv Sl PROJECT NO.

REVISION
21036

DESCRIPTION DATE

VU NGUYEN
F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd San Jose, CA 95128 P : (408) 998 - 0983

TRAN-NGUYEN RESIDENCE

NEW SINGLE FAMILY RESIDENCE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC. TRUE
N
W
S
E
CT
L
APE
N
S
C
A
D
S Date
A
TE
TA
OF
FO
NR
CALI
I
G Renewal Date 11/30/2023 Signature No. 2444
ED
G

E S N LIC
RE
IN
AG

TEI H RC
1321 TERRA VISTA CT.

MILPITAS, CA
2022.10.12 GI / LANDSCAPE PLANTING PLAN - GROUND FLOOR 1"=16' - feet
2 4
8 16 24 LANDSCAPE PLANTING PLAN L1.0 PLANTING LEGEND & NOTES -
-
2022.11.22 GI /
2023.05.10 GI /
2023.09.28 GI /

Ex. Utility Equip. Area. Irrigation contractor to confirm water meter location for Lot #1. P.O.C. at house service line. equipment to be located on private property. (see blowup below). 12 25 - 3/4" DW 11 25
- 3/4" TREES 13 25
- 3/4" RAISED PLNTR 10 25
- 3/4" TRELLIS PLTR
3 25
- 3/4" GRDCR 2 4 25
- 3/4" UPPER TERRACE
9 25
- 3/4" DW SLOPE
7 25
- 3/4" DW TERRACES
8 25
- 3/4" COURTYARD
6 25
- 3/4" ROSES
5 25
- 3/4" VEG BEDS
1 25
- 3/4" GRDCR 1
2 25
- 3/4" ROSE TERRACE
fM shut off valve irrig. flow meter master valve from p.o.c. @ house service line to control valves and emitter/bubblers min. 14"
min. 14" RP backflow preventer
P.O.C.
- See Blow-up C R PRESSURE LINE, NONPRESSURE LINE, CONTROL WIRE SLEEVE, OR EXTRA LINE FOR FUTURE USE - MIN 2" OR LARGER AS NOTED. PRESSURE LINE - SCH. 40 PVC CLASS 315 PVC. TWICE THE SIZE OF THE PIPE INSIDE. ALL PIPING 24" UNDER PAVING: INSTALL A 2" SCH. 40 PVC GREY ELECTRICAL CONDUIT AT ALL PRESSURE LINE PAVING CROSSINGS. NON PRESSURE LINE - CLASS 200 PVC - 3/4" UNLESS OTHERWISE LABELED 1 2" EMITTER TUBING W/ COMPRESSION FITTINGS - 18" EMITTER SPACING AND 18"-24" ROW SPACING. 1 GALLON PER HR. EMITTER. 'RAINBIRD XFCV DRIPLINE WITH CHECK VALVE'. SEE DRIP NOTES. INSTALL AUTOMATIC FLUSH VALVE AT END. DO NOT TRENCH UNDER EXISTING TREE CANOPIES, INSTALL ON TOP OF SOIL UNDER MULCH. 2 25 1.0 3/4" ZONE I.D. VALVE SIZE EMITTER SCHEDULE: PLANT NO. OF EMITTER PLANT EMITTER SIZE EMITTERS SIZE DESCRIPTION LOCATION 1 GAL. 1 1 GPH SMALL SHRUBS AT PLANT 5 GAL. 2 1 GPH MEDIUM SHRUBS 6"-12" 15 GAL. 2 2 GPH TREES 1' FROM TREE 24" BOX 3 2 GPH TREES 2' APART 15 GAL. OR 24" BOX TREE LOCATION. 1 2" OR 3/4" PE DRIP TUBING W/ COMPRESSION FITTINGS - SEE DRIP NOTES INSTALL FLUSH VALVE AT END. DO NOT TRENCH UNDER EXISTING TREE CANOPIES, IF NOT POSSIBLE, INSTALL ON TOP OF SOIL UNDER MULCH. SEE EMITTER SCHEDULE. 1 GAL. PLANT LOCATION. SEE EMITTER SCHEDULE. 5 GAL. PLANT LOCATION. SEE EMITTER SCHEDULE. VALVE NO. GPM PSI RAINBIRDIRRIGATION LEGEND KEY MANUF. MODEL NO. DESCRIPTION RAINBIRD XBCV PRESSURE COMPENSATING EMITTER WITH CHECK VALVE. SEE EMITTER SCHEDULE. HUNTER RAINBIRD 1" MASTER SHUT OFF VALVE AT POINT OF CONNECTION - - 1" BRASS SHUT OFF VALVE - SAME SIZE AS MAINLINE fM HUNTER HC-100-FLOW FLOW METER. INSTALL BELOW GRADE IN VALVE/METER BOX RAINBIRD INSTALL BELOW GRADE IN A VALVE BOX. 3/4" HOSE BIB ON HOUSE WALL OR IN VEGETABLE GARDEN. HV SERIES C PHC-6 PRO-HC WIFI - 6 STATION OUTDOOR HYDRAWISE CONTROLLER. SEE NOTE #11. - - AUTOMATIC FLUSH VALVE AT ENDS OF DRIP IRRIGATION PE TUBING. INSTALL BELOW GRADE IN A VALVE BOX.

R HUNTER WR-CLIK WIRELESS RAIN CLIK FEBCO 825Y 1" REDUCED PRESSURE BACKFLOW PREVENTER. INSTALL AS PER LOCAL PLUMBING CODES ABOVE GRADE. XCZ-075-PRF SERIES 3/4" CONTROL ZONE KIT FOR DRIP IRRIGATION. LOW FLOW ELECTRIC VALVE W/ PRESS. REG AND FILTER INSTALL BELOW GRADE IN A VALVE BOX. VEG BEDS PROJECT NO.

REVISION
21036

DESCRIPTION DATE

VU NGUYEN
F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd San Jose, CA 95128 P : (408) 998 - 0983

TRAN-NGUYEN RESIDENCE

NEW SINGLE FAMILY RESIDENCE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC. TRUE
N
W
S
E
CT
L
APE
N
S
C
A
D
S Date
A
TE
TA
OF
FO
NR
CALI
I
G Renewal Date 11/30/2023 Signature No. 2444
ED
G

E S N LIC
RE
IN
AG

TEI H RC
1321 TERRA VISTA CT.

MILPITAS, CA
2022.10.12 IRRIGATION PLAN - GROUND FLOOR 1"=16'
- feet
2 4
8 16 24 IRRIGATION PLAN L2.0 IRRIGATION LEGEND & NOTES
-
-
2022.11.22
GI /
GI /
2023.05.10 GI /
2023.09.28 GI /

1 A
C A3.0a
D
2 A5.0
B
465 WM
queen - 60x80 yoga AIM AT WALL AIM AT WALL
1 A3.0a
2 A3.0b
2 A3.0a
1 A3.0b
1 1

A C D F GA C D F G
2 A5.0
2 A5.0
1 A5.0 E
1 A5.1
BB
HH
E
2 2
4 46 65 5
3 1 A5.0
1 A5.1 WM med.cab.
stacked w/d
queen - 60x80 office
lockers mud/laundry garage br4 rec ba4 covered porch storage under stairs unconditioned hall yoga R coat W/H utility
display
powder/spa
R steam shower linen hidden door bench nook
bookshelves/display 200A SUBPANEL 200A SUBPANEL 200A SUBPANEL central vacuum GM EMHEATPUMP HEATPUMP HEATPUMP planter
planter patio up
retaining walls, typ. up up up up planter planter
planter planter ADU stairs 8'-0" 4'-0" 4'-0" 4'-0" 4'-0" 3'-0" 2'-0" 2'-0"
3'-0" 3'-0" 3'-0" 3'-0" 2'-6" 6'-0"
17'-0" AIM AT WALL AIM AT WALL AIM AT WALL AIM AT WALL
PROJECT NO.

REVISION
21-036

DESCRIPTION DATE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen
F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd San Jose, CA 95128 P : (408) 998 - 0983 Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S
PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA LANDSCAPE LIGHTING PLAN 1/4 1/4" 1 feet 1 2 3 4
6 LIGHTING PLAN 1/4 L6.0a KEYNOTES AND LEGENDS - - 1/4
4/4
2/43/4

2 A3.0a
F
G
2 A5.0
1 A5.0
E
H
465 GM

EMHEATPUMP HEATPUMP HEATPUMP AIM AT WALL AIM AT WALL
1 A3.0a
2 A3.0b
2 A3.0a
1 A3.0b
1 1

A C D F GA C D F G
2 A5.0
2 A5.0
1 A5.0 E
1 A5.1
BB
HH
E
2 2
4 46 65 5
3 1 A5.0
1 A5.1 WM med.cab.
stacked w/d
queen - 60x80 office
lockers mud/laundry garage br4 rec ba4 covered porch storage under stairs unconditioned hall yoga R coat W/H utility
display
powder/spa
R steam shower linen hidden door bench nook
bookshelves/display 200A SUBPANEL 200A SUBPANEL 200A SUBPANEL central vacuum GM EMHEATPUMP HEATPUMP HEATPUMP planter
planter patio up
retaining walls, typ. up up up up planter planter
planter planter ADU stairs 8'-0" 4'-0" 4'-0" 4'-0" 4'-0" 3'-0" 2'-0" 2'-0"
3'-0" 3'-0" 3'-0" 3'-0" 2'-6" 6'-0"
17'-0" AIM AT WALL AIM AT WALL AIM AT WALL AIM AT WALL
PROJECT NO.

REVISION
21-036

DESCRIPTION DATE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen
F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd San Jose, CA 95128 P : (408) 998 - 0983 Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S
PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA LANDSCAPE LIGHTING PLAN 2/4 1/4" 1 feet 1 2 3 4
6 LIGHTING PLAN 2/4 L6.0b KEYNOTES AND LEGENDS - - 1/4
4/4
2/43/4

1 E
F
G
H
23 1 A5.0
1 A5.1
1 A3.0a
2 A3.0b
2 A3.0a
1 A3.0b
1 1

A C D F GA C D F G
2 A5.0
2 A5.0
1 A5.0 E
1 A5.1
BB
HH
E
2 2
4 46 65 5
3 1 A5.0
1 A5.1 planter planter
stairs down
sunken firepit fire table f/p
king - 76x80
cal king - 72x84
queen - 60x80 24" dw
36" range
42" ref - flush
inset
desk
48"range 36" ref column 36" ref column wall oven
24" dw24" dw
queen - 60x80
dresser 30" ref column
dw
24" 3030 venting
curbless entry(recess framing ~4")
med.cab.
dresser
master suite patio
tv over low profile f/p ba3 br2 master br br3 mba low library cab with art above dining
pantry
pantry kitchen living family
pwdrnook ADU cased opening
W34x29 D 34x29 laundry
cased opening 100" TV (w = 0.87 diag.) ba2 stacked w/d dresser shaft 4646 venting 3030 venting med.cab. 3030 venting 3030 venting 3030 venting 3030 venting 3030 venting liquor display
low ht cabinet ba2
art wall
covered patio his closet her closet master foyer 3030 venting loft display wine
cased opening built-in desk 36"grille
24" u.c. ref
planter
sunken firepit fire table planter down down planter planter planter planter planter planter
planter
5'-0" 3'-3" 3'-3" 3'-0" 3'-0" 3'-0" 4'-0" 4'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0"
2'-6" 2'-6"
3'-0" 2'-8"
3'-0"
2'-6" 3'-0"
2'-6"
2'-8" ADU br
PROJECT NO.

REVISION
21-036

DESCRIPTION DATE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen
F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd San Jose, CA 95128 P : (408) 998 - 0983 Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S
PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA LANDSCAPE LIGHTING PLAN 3/4 1/4" 1 feet 1 2 3 4
6 LIGHTING PLAN 3/4 L6.0c KEYNOTES AND LEGENDS - - 1/4
4/4
2/43/4

2 A3.0b
1 A3.0b
1 A
C
D
1 A5.1
B
24 cal king - 72x84 built-in desk
1 A3.0a
2 A3.0b
2 A3.0a
1 A3.0b
1 1

A C D F GA C D F G
2 A5.0
2 A5.0
1 A5.0 E
1 A5.1
BB
HH
E
2 2
4 46 65 5
3 1 A5.0
1 A5.1 planter planter
stairs down
sunken firepit fire table f/p
king - 76x80
cal king - 72x84
queen - 60x80 24" dw
36" range
42" ref - flush
inset
desk
48"range 36" ref column 36" ref column wall oven
24" dw24" dw
queen - 60x80
dresser 30" ref column
dw
24" 3030 venting
curbless entry(recess framing ~4")
med.cab.
dresser
master suite patio
tv over low profile f/p ba3 br2 master br br3 mba low library cab with art above dining
pantry
pantry kitchen living family
pwdrnook ADU cased opening
W34x29 D 34x29 laundry
cased opening 100" TV (w = 0.87 diag.) ba2 stacked w/d dresser shaft 4646 venting 3030 venting med.cab. 3030 venting 3030 venting 3030 venting 3030 venting 3030 venting liquor display
low ht cabinet ba2
art wall
covered patio his closet her closet master foyer 3030 venting loft display wine
cased opening built-in desk 36"grille
24" u.c. ref
planter
sunken firepit fire table planter down down planter planter planter planter planter planter
planter
5'-0" 3'-3" 3'-3" 3'-0" 3'-0" 3'-0" 4'-0" 4'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0" 3'-0"
2'-6" 2'-6"
3'-0" 2'-8"
3'-0"
2'-6" 3'-0"
2'-6"
2'-8" ADU br
PROJECT NO.

REVISION
21-036

DESCRIPTION DATE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen
F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd San Jose, CA 95128 P : (408) 998 - 0983 Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S
PLANNING DEPARTMENT SUBMITTAL 2022.11.30 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.02.03 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.07.20 IG / MKA
PLANNING DEPARTMENT RESUBMITTAL 2023.09.01 IG / MKA LANDSCAPE LIGHTING PLAN 3/4 1/4" 1 feet 1 2 3 4
6 LIGHTING PLAN 4/4 L6.0d KEYNOTES AND LEGENDS - - 1/4
4/4
2/43/4

461.67' 442.08' 463.42' 471.73 426.54' 457.75' 436.79' 431.50' 446.50' 450.92' 455.33' 459.73' 466.42' 469.42' 471.44' 463.56' 465.92' 467.71' 469.04' 470.40' 28'-2" 26'-2" 26'-2" 26'-2" 26'-2" 26'-2" 26'-2"
23'-5 1/2" 23'-5 1/2" 23'-5 1/2" 22'-11 1/2" 22'-11 1/2" 22'-11 1/2" 22'-11 1/2" 22'-11 1/2" 25'-5 1/2" 25'-5 1/2" 25'-5 1/2" 25'-5 1/2" 25'-0" 40'-0"
PROJECT NO.

REVISION
21-036

DESCRIPTION DATE
Milpitas, 1321 Terra Vista Court
Hue Tran Vu Nguyen
F O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester Blvd San Jose, CA 95128 P : (408) 998 - 0983 Tran-Nguyen Residence

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
E
N
W
S SITE PLAN 1"=10' 1 SITE PLAN & DEMO SITE PLAN A1.0
5 10 15feet

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Site Development Permit to Develop a New Two-story Single-Family Residence with an Attached Accessory Dwelling Unit, an In-Ground Swimming Pool, and Associated Site Improvements on a Vacant

1.3-Acre Lot Located in the R1-H Single-Family Residential Zoning District with a Hillside Combining District at 490 Vista Ridge Drive (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 12/5/2023
Recommendation: Consider the exemption in accordance with CEQA and adopt a resolution approving Site Development Permit SD23-0003 to allow development of a new single-family residence with an attached ADU, an in-ground swimming pool, and associated site improvements at 490 Vista Ridge Drive, subject to the attached Conditions of Approval.

BACKGROUND:

On February 14, 2023, Todd Aranaz of Fougeron Architecture submitted a Site Development Permit application to develop a new 5,838-square foot, two-story single-family residence with a 1,552-square foot attached garage on a vacant 1.3-acre lot (Lot 21 of the Spring Valley Heights subdivision) located at 490 Vista Ridge Drive. The proposed project includes an attached 1,138-square foot accessory dwelling unit (ADU), in-ground pool, deer fencing up to 5.5-feet in height, landscaping, and associated site improvements. The zoning designation for this property is Single-Family Residential (R1) with a Hillside (H) Combining District. Per Milpitas Municipal Code (MMC) Section XI-10-45.09-2, no building permit shall be issued for the construction or expansion of a singlefamily structure in the Hillside (H) Combining District until such structure has received a site and architectural review approval by the Planning Commission (PC) and City Council (CC). On November 8, 2023, the Planning Commission held a duly noticed public hearing on this item and voted unanimously (7-0) to recommend that the City Council approve the project. A copy of Planning Commission Resolution No. 23-019 is attached to this report.

ANALYSIS:

Planning staff recommends that the City Council review and approve a resolution to allow the development of a single-family residence with an attached three-car garage, attached ADU, in-ground pool, deer fencing up to 5.5- feet in height, landscaping, and associated site improvements on a vacant lot located at 490 Vista Ridge Drive.

The project site is located on the southeastern edge of the City of Milpitas, adjacent to properties with the same single-family hillside zoning designation. Unincorporated Santa Clara County properties are located further to the north and east.

The proposed residence is designed to be compatible with the other homes in the area by incorporating strong lines and a mix of high-quality metal or wood and earth tone materials that reflect with the rural character of the neighborhood. Articulating the architectural forms and blending with various finishes creates an attractive, modern exterior facade. The overall color scheme of the residence will have shades of beige and gray. The exterior materials include cladding with a beige brick veneer rain screen system, gray cedar wood siding accents, and “Gunmetal” gray trim and gray aluminum windows with high-efficiency insulated safety glass. The roof material will also match the gray window color with standing seam metal materials. The majority of these materials will be locally sourced and be sustainable through the use of FSC-Certified wood, recycled denim insulation throughout, recycled aggregate and fly ash in the building foundation. Additionally, the beige brick veneer is a ‘ventilated’ cladding that allows the building to stay dry and receive air flow. The new residence will also be clad with 1-hour fire resistant Densglass, sheathing under the non-combustible brick veneer and metal roofing to provide additional fire resistance to wildfires. All exterior materials and finishes work together as a

palette of earth tone colors creating harmony with the surroundings. The colors and materials proposed are complementary to the character of the rural, neighboring residences.

In accordance with MMC Section XI-10-45.09-7, and as outlined in the attached Planning Commission staff report and resolution, the City Council shall consider the following guidelines in its review of the proposed project:
(a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of the residential structures on adjacent lots, will avoid unreasonable interference with views and privacy.
(b) Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal. (c) Minimize Perception of Excessive Bulk. The design of the proposed main and/or accessory structure(s) in relation to the immediate neighborhood should minimize the perception of excessive bulk. (d) Impairment of Light and Air. The proposed main or accessory structure(s) shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy.
(e) Grading. All grading shall be kept to an absolute minimum and shall comply with the grading ordinance criteria.

The project, including the home, attached garage, and attached ADU, features a creative design, with a minimal building footprint and substantial setbacks from neighboring property lines to alleviate unreasonable interference with views and privacy. The majority of land around the residence and associated driveway will be preserved as natural landscape similar to nearby properties and designated open space lots in the immediate area.

The perception of excessive bulk has been minimized by the incorporation of varying rooflines, a clear delineation of different colors and materials, and punctuation of certain front, rear, and side facing elevations with the terraced floor levels to remove the perception of bulk within the two-story residence. This stepped down design of the floors into the hillside will provide the illusion that the new residence is one-story as viewed from Vista Ridge Drive. The proposed maximum height of the residence at 26-feet and 4-inches is within the 27-feet height limit, and all required building setbacks will exceed the minimum standards to help mitigate potential impairment of light and air. In addition, the structure’s foundation follows the natural slope of the hillside to ensure minimal grading, consisting of 805 cubic yards (cy) of cut and 310 cy of fill. The majority of the excavation will occur outside of the building footprint for the in-ground pool, driveway, and septic system (530 cy), and approximately 495 cy of soil will be exported offsite. Furthermore, the Architectural Review Committee of the Spring Valley Heights Homeowners Association provided a tentative approval for the proposed project design on December 6, 2022. As noted earlier in the report, the Planning Commission recommended Council approval of the project based on the required findings for approval.

POLICY ALTERNATIVE(S):

Alternative 1: Direct staff to draft a resolution to deny the project for review at a subsequent meeting.

Pros: The existing hillside lot is not developed and remains as open space, or a new or revised project could be proposed.

Cons: The applicant would need to either withdraw the application or resubmit revised plans for development of a new residence at this location.

Reason for Not Recommending: The proposed project meets the required findings for approval and is consistent with the City’s goals of supporting the development of new high-quality housing in all areas of the City, including appropriate hillside locations. Both staff and the Planning Commission are recommending approval of the proposed project.

FISCAL IMPACT:

If the proposed project is approved, the applicant will apply for building permits and pay associated fees. The new single-family home will increase the property value and tax revenues but will also increase the demand for

City services, including public safety and utilities. The project is located within an existing residential subdivision with existing services nearby.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The project is exempt from further environmental review under CEQA pursuant to Section 15303(a) for New Construction or Conversion of Small Structures including one single-family residence or a second dwelling unit in a residential zone. The project proposes the new construction of a single-family residence with an attached garage and attached ADU within a residentially zoned area on a legally established parcel, and it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. As a separate and independent basis, the project is exempt from further CEQA review pursuant to Section 15183 of the CEQA Guidelines for projects consistent with a community plan, general plan or zoning. The project is consistent with the General Plan and the applicable zoning, and there are no significant environmental impacts peculiar to the project or its site.

RECOMMENDATION:

Consider the exemption in accordance with CEQA and adopt a resolution approving Site Development Permit SD23-0003 to allow development of a new single-family residence with an attached ADU, an in-ground swimming pool, and associated site improvements at 490 Vista Ridge Drive, subject to the attached Conditions of Approval.

Attachments:
(a) City Council Resolution No.
(b) Planning Commission Staff Report dated November 8, 2023 (c) Planning Commission Resolution No. 23-019
(d) Project Plans

RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD23-0003 TO CONSTRUCT A NEW HILLSIDE HOME WITH AN ATTACHED ACCESSORY DWELLING UNIT, IN-GROUND POOL, DEER FENCING UP TO 5.5- FEET IN HEIGHT, LANDSCAPING, AND ASSOCIATED SITE IMPROVEMENTS ON A VACANT 1.3-ACRE SITE IN THE R1-H SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT WITH AN H HILLSIDE COMBINING DISTRICT LOCATED AT 490 VISTA RIDGE DRIVE AND MAKING CEQA FINDINGS OF

EXEMPTION
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, on September 28, 1982, the County of Santa Clara Board of Supervisors approved the final map for Tract 6744 to create the 26-lot subdivision known as the Spring Valley Heights neighborhood; and WHEREAS, on January 21, 1983, the City of Milpitas annexed Tract 6744 from the County of Santa Clara; and WHEREAS, on February 14, 2023, Todd Aranaz of Fougeron Architecture (“Applicant” or “Permittee”) submitted an application for a development proposal to allow development of a 5,838-square foot, single-family residence up to 26 feet, four inches (two stories) in height, with a 1,552-square foot attached garage, 1,138-square foot attached Accessory Dwelling Unit, in-ground pool, deer fencing up to 5.5-feet in height, landscaping, and associated site improvements on a vacant 1.3-acre site (Lot 21 of the Spring Valley Heights subdivision) at 490 Vista Ridge Drive (APN: 042-30-022) (the “Project”). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from environmental review under CEQA in accordance with CEQA Guidelines Section 15303 (New Construction and Conversion of Small Structures) and, as a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning); and
WHEREAS, on November 8, 2023, the City of Milpitas Planning Commission held a duly noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project, and the Planning Commission unanimously (7-0) recommended approval of the Project to the City Council subject to Conditions of Approval per Planning Commission Resolution No. 23-019; and WHEREAS, on December 5, 2023, the City of Milpitas City Council held a duly noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project; and NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:

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

SECTION 2: California Environmental Quality Act (CEQA) Findings The Project is exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures). The Project involves development of one single-family residence with an attached garage, attached ADU, and associated accessory structures and site improvements within a residentially zoned area on a legally established parcel, and it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. As a separate and independent basis, the project is exempt from further environmental review under CEQA pursuant to CEQA Guidelines Section 15183 (Projects consistent with a Community

Resolution No. ____
2 Plan, General Plan or Zoning). The Project is consistent with the General Plan and the R1-H Single-family Residential Zoning District with an H Hillside Combining District, and there are no significant environmental impacts peculiar to the Project or its site.

SECTION 3: Site Development Permit Findings (Section XI-10-57.03(F)(1)) The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD23-0003:

1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

As described within the staff report, the development's architectural design and site planning is aesthetically compatible with the neighboring properties, and the on-site grading plan minimizes changes to the natural topography. The proposed single-family residence incorporates earth tone colors and materials that complement both the site and existing neighborhood. Furthermore, the design of the proposed Project will complement adjacent and surrounding development as the new two-story residence features a terraced design into the existing topography of the downsloping lot, appearing as a one-story residence from Vista Ridge Drive and will be built within its size limitations per the Hillside Zoning Ordinance.

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

Table 1 demonstrates the Project’s consistency with the applicable development standards of the R1-H Zoning District per Section XI-10-45 - "H" Hillside Combining District of the Milpitas Zoning Ordinance, including setbacks, height requirements, maximum impervious surface coverage, and parking. The Milpitas Planning Commission at the November 8, 2023, public hearing approved the Project’s fence exceptions per MMC XI-10-54.10(D)(4)(a) and the grading plan per MMC XI-10-45.18(b).

Table 1:

Summary of Development Standards
Standards Hillside Requirements Proposed Complies
Front Yard Setback
25 ft. minimum when avg.
slope is <16%. Otherwise,
40 ft. minimum
44 ft. 5 in. (Avg.
slope of lot is 21%) Yes
Side Yard Setback 40 ft. minimum > 40 ft.1 Yes
Rear Yard Setback 40 ft. minimum 98 ft. 8 in. Yes
Size of Main Residence 6,000 sq. ft. maximum
(lots < 3 acres) 5,838 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum (lots
< 3 acres) 7,596 sq. ft. Yes
Building Height
(maximum) 27 ft. east of crestline 26 ft. 4 in. Yes
Parking Main Residence - Three
spaces required
Six spaces (three
inside garage &
three outside)
Yes
1 Because of the odd-shaped nature of the lot with a curvilinear lot line on three sides as showing in Maps 1 and 2 of the Planning Commission staff report, there is not a traditional side yard for the Project as designed. Nevertheless, all proposed structures are more than 40 feet from any lot line, which meets the minimum 40 foot setback requirement of the Hillside Ordinance on lots with an average slope greater than 16% as shown on Sheet 1.00, Site Plan of the Project plans.

Resolution No. ____
3 Standards Hillside Requirements Proposed Complies
Fence Height and
Materials
Height: 54 inches (4.5 ft.)
Material: Wood (all fence
post and supporting
framework)
Height: 4.5-ft along
front, and up to 5.5-
ft. at side/rear yards
Material: Wood
posts with metal
supporting
framework
Yes, with Planning
Commission approval
of a fence exception
per MMC XI-10-

54.10(D)(4)(a)
Grading
Grading plans greater than
500 cubic yards (cy), but
less than 1,500 cy requires
Planning Commission
approval
Cut: 805 cy
Fill: 310 cy
Export: 495 cy
Yes, with Planning
Commission approval
per MMC XI-10-

45.18(b)
Due to the subject property’s location, the Project is also required to comply with the development standards in the City’s Hillside Combining District. Per Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in their review of proposed new development. Staff has determined the home to be consistent with the Hillside Architectural Guidelines as demonstrated below. See Table 2 for consistency.

Table 2:

Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
(a) Avoid unreasonable interference with Views
and Privacy. The height, elevations and
placement on the site of the proposed main
or accessory structure, when considered
with reference to the nature and location of
residential structures on adjacent lots, will
avoid unreasonable interference with views
and privacy.

Consistent. Due to the proposed location and minimal
scale of the home in consideration to its maximum
allowable size outlined in Table 1, the development
will not substantially interfere with views and privacy to adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story
height limit at 26-feet and 4-inches, and substantially setback from adjacent residences to the south, east, and west, which minimizes interference with views and
privacy. Project plan sheets A1.03a and A1.04 shows
the proximity of the subject lot in relationship to
adjacent lots and residential structures. Additionally, the subject property is located on a corner lot and
adjacent residences are also setback from the street and have privacy landscaping surrounding the lots. New
proposed landscaping and deer fencing up to 5.5-feet
in height for the Project if the Planning Commission
approves the fence height exception per MMC XI-10-

54.10(D)(4)(a) will also provide additional privacy
screening.
(b) Preserve Natural Landscape. The natural
landscape will be preserved insofar as
practicable by designing structures to follow
the natural contours of the site and
minimizing tree and soil removal.

Consistent. The Project site is currently vacant and
undeveloped with no trees. As currently proposed, the
design of the house is designed to follow the natural
downsloping contour of the lot and proposes the new
two-story residence with both floors and supporting
structures to step down into the hillside. As a result, the approximate amount of excavation is minimized to
805 cubic yards, 530 cubic yards of which will occur

Resolution No. ____
4 Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
outside of the building footprint area for the driveway, in-ground pool, and septic system. Approximately 310
cubic yards of this excavated soil will be repurposed
for the areas outside the building footprint only, and
the remainder of the soil will be exported.
(c) Minimize Perception of Excessive Bulk. The
design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.

Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front, rear, and
side facing elevations with the terraced floor levels to remove the perception of bulk within the two-story
residence. This stepped down design of the floors into
the hillside will provide the illusion that the new
residence is one-story as viewed from Vista Ridge
Drive, further reducing the perception of excessive
bulk.
(d) Impairment of Light and Air. The proposed
main or accessory structure(s) shall not
unreasonably impair the light and air of
adjacent properties nor unreasonably impair
the ability of adjacent properties to utilize
solar energy.

Consistent. The proposed home will not exceed the
maximum height limit for homes east of the crestline,
has two floor levels that will step down into the
downsloping lot, and exceeds all minimum setbacks as
required by the Hillside development standards. The
proposed home has a combination of flat and
minimally pitched roof systems that will include solar
panels. With regards to adjacent properties, the lots to the east, north, and west are all on lower elevations
than the subject lot, and the residence to the south is on a higher elevation as demonstrated on Project plan
sheets A1.03a and A1.04. All neighboring residences
are also setback substantially from the proposed new
residence. As such, the proposed Project will not cause an impairment to the adjacent properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. As designed, the proposed location of the
new residence will have both floors and associated
accessory structures step down into the downsloping
lot around the middle portion of the lot, which
minimized grade and complies with the Hillside
grading criteria. This design minimized grading to 805
cubic yards, the majority of which will be needed for
the primary driveway, in-ground pool, and
development of the septic system.

3. The Project is consistent with the Milpitas General Plan.

As demonstrated in Table 3 below, the Project is consistent with the existing General Plan policies of the Milpitas 2040 General Plan:

Resolution No. ____
5 Table 3:

General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual character of
hillsides, recognizing both the importance of the
exposure of hillside development from off-site
public views and the importance of providing
panoramic public views from and of hillsides.

Consistent. The proposed Project will not impact
the visual character of the hillside from the valley
floor or other viewpoints as the Project site is
located over a half mile east of the crestline and the
new residence will be shielded by an existing hill
when viewed from the valley floor. Project plan
sheets A1.01, A1.02, and A1.03 illustrate how the
proposed residence will not obstruct panoramic
public views from and of the hillsides.

CD 7-2 Minimize the alteration of existing
landforms and maintain the natural topographic
characteristics of the hillside areas, allowing only
minimal disruption.

Consistent. When designing the new residence,
the applicant considered the challenges of the
existing site constraints of the lot with the City’s
Hillside regulations in order to minimize
significant grading to the lot. The new residence
and accessory structures are designed to terrace
down the existing slope of the lot, rather than
creating a new mass graded flat pad site. As viewed
from Vista Ridge Drive and demonstrated with
renderings on Project plan sheet A3.01, the new
residence will visually appear as one story, with the
second floor serving primary front entry for the
main residence and attached ADU. This proposed
design considering the steep downhill nature of the
existing topography will limit the excavation to
805 cubic yards and fill to 310 cubic yards, with
495 cubic yards to be exported offsite. A majority
of the total excavation (503 cubic yards) will be for
areas outside of the building footprint, including
the primary driveway, in-ground pool, and
construction of the septic system. As such, the
proposed Project is consistent with Policy CD 7-2,
as the new two-story residence and accessory
structures are designed to step-down and flow with
the existing downsloping topography of the lot,
and does not require mass alteration of the existing
landform.

CD 7-3 Protect the natural character of hillside
areas by means of contour grading to blend
graded slopes and terraces with the natural
topography.

Consistent. The proposed new residence is
designed to protect the natural character of the
steep sloped lot by having two terraced floors to
blend with the natural topography. All new
contours will be designed to blend with the natural
existing site contours as demonstrated in the civil
drawings in the plan set. Grading of the driveway
follows the natural contours of the existing lot.

CD 7-4 Avoid mass graded pads within hillside
areas. Smaller steps or grade changes should be
Consistent. The subject lot contains steep slopes
and the Project does not propose mass graded flat

Resolution No. ____
6 used over single, large, slope banks to the
greatest extent feasible.
pads to accommodate the new residence. The
applicant chose to design the new two-story
residence with both floors stepping down the
existing natural topography of the lot. Grading has
been substantially minimized in the Project as a
result, in that the siting follows the site's natural
contours to preserve the natural terrain quality.

CD 7-5 Ensure that any change in hillside land
use is accompanied by appropriate safety
measures and that the environmental constraints
are adequately addressed especially with respect
to runoff and erosion.

Consistent. No changes are proposed to the
existing land use and zoning designation for the
subject site to be used as a single-family residence.

Prior to construction of the residence, all proposed
Project construction and operational details will be
reviewed thoroughly by applicable Departments
during the building permit review process. The
building permit application will be reviewed with
the latest adopted State and local building and
development codes, which will include standard
requirements such as Construction Best
Management Practices (BMPs) and an erosion and
sediment control plan to control runoff onto
adjacent properties.

CD 7-6 Require hillside development to
incorporate architecture, scale, massing, building
form, building color, roof materials, and
landscaping to reflect the natural hillside setting.

Consistent. The proposed Project’s building
design and earth tone materials and colors will
blend into the rural environment and includes a
terraced design into the hillside by appearing as a
one-story residence when viewed from Vista Ridge
Drive, thereby reducing the massing and scale of
the new two-story residence. The exterior facade
will include materials such as gray cedar wood
siding, beige brick veneer gladding, gray
aluminum windows with gray trim, with a
matching gray metal standing seam roof. As
demonstrated by Colors/Materials Sheets A9.03,

9.03a, and A9.03b of the Project plans, the 3D
renderings show the new residence with its earthtoned proposed colors and materials that brings together the natural hillside topography of the lot.

Additionally, the proposed landscaping materials
are consistent with the Hillside Landscaping
Ordinance.

As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

SECTION 4: City Council Approval
Based on the foregoing, the City Council hereby approves Site Development Permit No. SD23-0003 to allow the development of a new 5,838-square foot, single-family residence up to 26 feet, four inches (two stories) in height, with a 1,552-square foot attached garage, 1,138-square foot attached ADU, in-ground pool, deer fencing up to 5.5- feet in height, landscaping, and associated site improvements on a vacant 1.3-acre hillside lot in the R1-H Singlefamily Residential Zoning District with an H Hillside Combining District located at 490 Vista Ridge Drive, based

Resolution No. ____
7 on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 and incorporated herein.

PASSED AND ADOPTED this _____ day of___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Resolution No. ____
8 EXHIBIT 1
SITE DEVELOPMENT PERMIT NO. P-SD23-0003
490 VISTA RIDGE DRIVE (APN 042-30-022)
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD23-0003 in accordance with Section X1-10-45.09 and XI-10-57.03 of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Site Development Permit entitlement is to allow the issuance of building permits for the proposed development of a 5,838-square foot, singlestory residence, up to two stories in height, with a 1,552-square foot attached garage (“Project”) on a vacant 1.3-acre hillside lot located within the R1-H Single-family Residential Hillside Zoning District at 490 Vista Ridge Dr (APN: 042-30-022), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

1. General Compliance. The applicant, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD23-0003 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office and a copy shall be provided to the Planning Department. (P)

2. Modifications to Project. Any deviation from the approved site plan, floor plans, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P)

3. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)

4. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

5. Permit Expiration. Pursuant to Section XI-10-64.06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-

64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

This permit shall become null and void if the work is added to, modified, or otherwise deviated from in any significant way from the approved site plan, building plan, floor plans, or other approved submittals as determined by the Planning Director or designee.

6. Time Extension. Pursuant to Section XI-10-64.07 of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

Resolution No. ____
9 7. Project Job Account. If Permittee’s project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee’s private job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twentyfive percent (25%) of the required initial deposit. (ALL)

8. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P)

9. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P)

10. Conditions. Each and every condition set forth in this Exhibit shall apply to the Project and continue to apply to the Project so long as the Permittee is operating the Project under the permits and approvals in this Resolution. (P)

11. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)

12. Previous Approvals. Permittee shall abide by and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (ALL)

13. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the Project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)

15. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remain operative, binding, and fully enforceable. (ALL)

16. Conditions of Approval. As part of the issuance of building permits, the Permittee shall include within the first four pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P)

17. Development in Conformance with Approved Plans: Permittee shall develop the approved Project in conformance with the plans dated September 28, 2023 and approved by the City Council on the date of the signed City Council Resolution, in accordance with these Conditions of Approval. Any deviation from the approved site plan, elevations, materials, colors, landscape plan or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is