February 6, 2024 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, FEBRUARY 6, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected].
The meeting will be streamed via Zoom for viewing purposes only. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_E6Rud_80S_CYUhggkeG4zw NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
MILPITAS CITY COUNCIL CODE OF CONDUCT
• Be respectful and courteous (words, tone, and body language). • Model civility.
• Avoid surprises.
• Praise publicly and criticize privately.
• Focus on the issue, not the person.
• Refrain from using electronic devices while on the Council dais. • Disclose conflicts of interest and affiliations related to agenda items. • Separate governing from campaigning.
• The Council speaks with one voice after making policy on issues. • Respect the line between policy and administration.
• Council will hold one another accountable to comply with this Code of Conduct.
February 6, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Barbadillo)
PRESENTATIONS (7:05 PM)
● Lunar New Year (Proclamation)
● Black History Month (Proclamation)
PUBLIC FORUM (7:15 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings for February 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for February 2024.
C2. Approve City Council City Council Meeting Minutes of January 23, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of January 23, 2024.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Consider Recommendations from Mayor Montano for Appointments to City Commissions, and Accept Commissioner Resignations (Contact: Mayor Montano, 408-586-3024)
February 6, 2024 Milpitas City Council Agenda Page 3
Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions; Accept the resignations of Mona Sampath Khan from the Arts Commission and Eric Bernal from the Science, Technology and Innovation Commission; and direct the City Clerk to post the notice of unscheduled vacancy.
C6. Adopt a Resolution Declaring Weeds on Certain Properties to be a Public Nuisance and Set a Public Hearing for March 5, 2024 (Staff Contact: Arthur Belton, Deputy Chief/Fire Marshal, 408- 586-3384)
Recommendation: Adopt a resolution declaring weeds on specific properties to be public nuisances and set a public hearing for March 5, 2024.
C7. Adopt a Resolution Approving a Site Development Permit to Allow Development of a 1,200- Square Foot Single-Story Pavilion with a 125-Square-Foot Standalone Bathroom, Construct a 76-Square Foot Bathroom Addition to the Existing Guest House, and a New In-Ground Pool at an Existing Single-Family Residence On 6.13-Acre Site at 1350 Country Club Drive (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Lillian VanHua, Senior Planner, 408-586- 3073)
Recommendation: Adopt a resolution approving Site Development Permit SD21-0002, subject to the Conditions of Approval, to allow the development of a 1,200-square foot single-story pavilion with a 125-square foot standalone bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground pool at an existing single-family residence at 1350 Country Club Drive.
C8. Accept Additional FY 2023 Citizens’ Option for Public Safety (COPS) Grant for Front-Line Law Enforcement Services and Approve the Appropriation of Funds to the Police Department’s FY2023-24 Operating Budget (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2402) Recommendation: (1) Accept additional FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $107,573.61 for Front-Line Law Enforcement Services to be spent in alignment with the City Council approved FY 2023 spending plan; and (2) Approve the appropriation of funds in the total amount of $107,573.61 to the Police Department’s FY2023-24 Operating Budget for Front-Line Law Enforcement Services.
C9. Accept the FY 2024 Citizens’ Option for Public Safety (COPS) Grant for Front-Line Law Enforcement Services and Approve the Appropriation of Funds to the Police Department’s FY2023-24 Operating Budget (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Recommendation: (1) Accept the FY 2024 Citizens’ Option for Public Safety (COPS) Grant in the amount of $126,044.00 for Front-Line Law Enforcement Services; and (2) Approve the appropriation of funds in the total amount of $126,044.00 to the Police Department’s FY2023-24 Operating Budget for Front-Line Law Enforcement Services.
C10. Adopt a Resolution to Approve Project Specifications, Award Construction Contract to Villalobos & Associates, Inc. for the 2023 Annual Sidewalk, Curb, and Gutter Repair Project No. 3426 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution to (1) approve project contract documents and specifications; (2) award a construction contract to the lowest responsible and responsive bidder, Villalobos & Associates, Inc., in the amount of $562,415.00 for CIP 3426 Annual Sidewalk, Curb, and Gutter Repair Project; (3) authorize the City Manager to execute the construction contract with Villalobos & Associates, Inc.; and (4) authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $56,000.00 for the project.
February 6, 2024 Milpitas City Council Agenda Page 4
C11. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C12. Approve Final Tract Map No. 10591 for a Residential Project at 1752 Houret Court; and Approve and Authorize the City Manager to Execute the Subdivision Improvement Agreement between the City and City Ventures Homebuilding, LLC (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Recommendation: (1) Approve Final Tract Map No. 10591, including all offers of dedications as stated and depicted on the final map upon completion and acceptance of improvements; and (2) Approve and authorize the City Manager to execute a Subdivision Improvement Agreement between the City of Milpitas and City Ventures Homebuilding, LLC.
C13. Approve and Authorize the City Manager to Execute the Maintenance Agreement with Creekside Milpitas 3, LLC, for the Maintenance of the Site Improvements Located within Lot A of the Amazon Parking Lot Project Located at 1207 N. McCarthy Boulevard (Staff Contact: Matt Cano, Assistant City Manager/Acting City Engineer, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316)
Recommendation: Approve and authorize the City Manager to execute the Maintenance Agreement with Creekside Milpitas 3, LLC, for the maintenance of the site improvements located within Lot A of the Amazon Parking Lot Project located at 1207 N. McCarthy Boulevard.
C14. Approve and Authorize the City Manager to Enter into and Execute an Agreement for Completion of Public Improvements as Part of the Rajyoga Meditation and Research Center Project (Staff Contact: Matt Cano, Assistant City Manager/Acting City Engineer, 408-586-3012; Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Recommendation: Approve and authorize the City Manager to enter into and execute an agreement for completion of public improvements as part of the Rajyoga Meditation and Research Center Project between the City of Milpitas and Rajyoga Meditation & Research Center LLC, a nonprofit organization.
PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
15. Review Applications Received for the 2024-2025 Community Development Block Grant Annual Action Plan (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275) Recommendation: (1) Conduct a public hearing; and (2) Provide feedback and/or direction to staff on Community Development Block Grant (CDBG) priority areas or specific applications that the City Council seeks to fund.
16. Receive Report on Storm Drainage Impact Fee Nexus Study; and Adopt a Resolution Adopting the Storm Drainage Impact Fee Nexus Study (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
February 6, 2024 Milpitas City Council Agenda Page 5
Recommendation: (1) Conduct a public hearing on the Storm Drainage Impact Fee Nexus Study; and (2) Adopt a resolution adopting the Storm Drainage Impact Fee Nexus Study.
17. Adopt a Resolution and Consider an Ordinance Amending the Proposed Storm Drainage Impact Fee (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Open the public hearing for comments and move to close the hearing; (2) Adopt a resolution amending the City’s Storm Drainage Impact Fee consistent with the Storm Drainage Impact Fee Nexus Study; and (3) Following the City Attorney’s reading of the title, move to waive the first reading beyond the title and introduce an ordinance amending Section 16 of Chapter 16 (“Stormwater and Urban Runoff Pollution Control”) of Title XI (“Zoning, Planning and Annexation”) of the Milpitas Municipal Code to be consistent with the newly adopted Storm Drainage Impact Fee and the City’s Development Impact Fee Program.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (10:00 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (10:15 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting.
You may request a larger font agenda.
Milpitas City Council Calendar
February 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:45 PM-Flag Raising Event: Black
History Month (Cesar Chavez Plaza)
2 3
6:00 – 8:00 PMCity Event: Lunar
New Year (Civic
Center Plaza)
4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
6 6:00 PM-Closed Session
7:00 PM-City Council
7 5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
8 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Silicon Valley
Interoperability Authority Board of
Directors (GB)
6:00 PM-Youth Advisory Commission
(HL)
6:30 PM-CASCC Legislative Action
Committee (CM)
7:00 PM-CASCC JPA Board of
Directors (CM)
9 10
11 12
4:30 PM-Economic Development and
Trade Commission (CM)
13 14
4:00 PM-Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
15 3:00 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (SB 1383) (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
16 17
18 19
PRESIDENT’S DAY
CITY HALL CLOSED
20 6:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
22 23
9:00 AM-VTA Board of
Directors Workshop (CM)
24 25 26
7:00 PM-Science, Technology &
Innovation Commission (GB)
27 1:30 PM-Senior Advisory Commission
(CM)
28 7:00 PM-Planning Commission
29 January 2024
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
March 2024
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 League of CA Cities City Managers Conference – Hollywood, CA (NT)
January 23, 2024 Milpitas City Council Minutes Page 1
SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, JANUARY 23, 2024
The City Council of the City of Milpitas convened on the City Council meeting day in a Special Meeting of the Milpitas City Council on January 23, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:34 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan (5:38 PM)
ABSENT: None.
City Attorney Mutalipassi announced the closed session items. The City Council adjourned to Closed Session at 5:36 PM.
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Rick Bolanos, LCW
Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA The City Council reconvened at 7:14 PM.
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi indicated there was nothing to report out.
PLEDGE OF ALLEGIANCE
Councilmember Lien led the pledge of allegiance.
INVOCATION
Councilmember Lien provided the invocation.
PRESENTATIONS
Mayor Montano presented a proclamation in recognition of Martin Luther King, Jr., Day. The Mayor and Council recognized Curtner Elementary Students for their 2nd Annual Martin Luther King Day of Service.
Mayor Montano offered remarks on the 70th Anniversary of the Incorporation of Milpitas.
PUBLIC FORUM
There were the following public speakers:
1. Ha Phan
January 23, 2024 Milpitas City Council Minutes Page 2
2. Voltaire Montemayor
3. Allysson McDonald
4. Sol Tan
5. Shrijith Vaniyan
6. Ha Trieu
7. Ryan Heron
8. Avery Stark
9. Vikas Seth
10. Loreto Quevedo Dimaandal
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the Code of Conduct.
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
CONSENT CALENDAR
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to approve the Consent Calendar, pulling Item C5.
Motion/Second: Vice Mayor Chua/Councilmember Phan
by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
1. Receive City Council Calendar of Meetings for January and February 2024 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for January and February 2024.
2. Approve City Council City Council Meeting Minutes of December 12, 2023 and January 9, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Approved City Council Meeting minutes of December 12, 2023 and January 9, 2024.
January 23, 2024 Milpitas City Council Minutes Page 3
3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.
6. Approve Travel for City Manager Ned Thomas to Attend the City Managers Conference in Los Angeles, CA (Staff Contact: Ned Thomas, City Manager, 408-586-3053) Authorized and approved travel to Los Angeles, CA, for City Manager Ned Thomas to Attend the League of California Cities’ Annual 2024 City Managers Conference scheduled for February 7 – 9, 2024, for a total not-to-exceed amount of $3,000.00 budgeted under Conferences/Trainings allocation for the City Manager’s Office.
7. Approve and Authorize the City Manager to Execute Master Professional Service Agreements with Environmental Consultants for On-Call Environmental Services (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Michael Fossati, Senior Planner, 408-586-3274) Approved and authorized the City Manager to execute Master Professional Service Agreements with LSA Associates, Inc; Michael Baker International; Impact Sciences, Inc; First Carbon Solutions; Moore, Iacofano and Goltsman (MIG), Inc; and Ascent Environmental, Inc for up to $1,000,000 each for on-call environmental services.
8. Adopt a Resolution Authorizing the City Manager to Execute a Fund Transfer Agreement with the California Department of Transportation (Caltrans) to Fund Project No. 4299 Bicycle Lane Improvement Project (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012, Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Adopted Resolution No. 9291 authorizing the City Manager to execute a Fund Transfer Agreement with the California Department of Transportation (Caltrans) to receive Caltrans 2022 Priority Legislative Budget Project (PLPB) Appropriation to fund Project No. 4299 Bicycle Lane Improvement Project.
9. Authorize the Surplus of City Vehicles and Authorize the City Manager to Execute a General Services Agreement with JJ Kane Auctioneers for the Surplus of City Assets (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Finance Director, 408- 586-3111)
Adopted Resolution No. 9294 authorizing the surplus of City Vehicles and authorized the City Manager to execute a General Services Agreement with JJ Kane Auctioneers for the surplus of City assets in an amount not to exceed 5% of an assets auction price.
10. Adopt a Resolution to Adopt the Citywide Travel Safety Plan, Project No. 4293, Citywide Traffic Safety Assessment (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Adopted Resolution No. 9292 to adopt the Citywide Travel Safety Plan, Project No. 4293, Citywide Traffic Safety Assessment.
11. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the District 1 Lot 2 (Graham) Project Located at 1415
January 23, 2024 Milpitas City Council Minutes Page 4
McCandless Drive and Grant Authorization to the City Engineer to Release the Remaining Portion of the Lot 2 Performance Bond After the One-Year Warranty Period (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316)
Adopted Resolution No. 9293 granting acceptance of the completed public improvements for the District 1 Lot 2 (Graham) Project as shown on Public Improvement Plans No. 2-1217; and approved a reduction in the faithful performance bond of $24,950.00 which is 10% of the security’s original value for the Lot 2 public improvements construction cost. The remaining amount of the Lot 2 performance bond cost shall be in effect for the duration of the warranty period; and granted authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.
12. Approve Budget Appropriation of $250,000 from the Gas Tax Fund to Increase the City’s Local Project 10% Matching Contribution and Authorize the City Manager to Execute Future Amendment No. 3 to the Funding Agreement between the City and the Santa Clara Valley Transportation Authority (VTA) for the Calaveras Boulevard Near Term Improvement Project (CIP Project No. 4294 – SR 237 HOV Lane Improvements) (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager, 408-586-3316) Approved budget appropriation of $250,000.00 from the Gas Tax Fund to increase the City’s local project 10% matching contribution to $550,000.00 and Authorized the City Manager to Execute Future Amendment No. 3 to the Funding Agreement between the City and the Santa Clara Valley Transportation Authority (VTA) for the Calaveras Boulevard Near Term Improvement Project (CIP Project No. 4294 – SR 237 HOV Lane Improvements).
13. Consider One Fee Waiver from Christian Worship Center Bay Area and One Donation Request from My Roots are Rich (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
(1) Approved a Fee Waiver of $1,500.00 for the Christian Worship Center Bay Area’s Annual Easter Egg Hunt scheduled for March 20, 2024; and (2) Approved a Donation request of $500.00 for My Roots are Rich Black History Month Flag Raising Ceremony on Thursday, February 1, 2024.
LEADERSHIP AND SUPPORT SERVICES
14. Authorize Additional Community Engagement Regarding a Potential November 2024 Ballot Measure (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) City Manager Thomas presented introductory remarks. Assistant City Manager Cano presented the report joined by Consultant Curt Below from FM3.
Public Speakers:
1. Voltaire Montemayor
Mayor Montano asked for clarification.
After discussion, motion: to Authorize staff to continue to perform a voter survey in Spring 2024 with a focus on potential re-authorization of Measure F, the quarter-cent local sales tax, as part of the November 2024 General Election ballot and return to City Council for a final decision by June 2024.
Motion/Second: Vice Mayor Chua/Councilmember Barbadillo by the following:
January 23, 2024 Milpitas City Council Minutes Page 5
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
15. Approve Changes to the City Council Procedures and Protocols Handbook (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; Michael Mutalipassi, City Attorney, 408-586-3041) City Manager Thomas introduced the item. Assistant City Manager Cano presented the report. #1 - Chapter II: Vice Mayor Term
Vice Mayor Chua supported making no changes to the existing language. #2 - Chapter II: Photographs of Past Councilmembers
Mayor Montano supported photographs of past councilmembers being posted in the Council Chamber once they're out of office. Vice Mayor Chua added the posting should be part of the outgoing ceremony for councilmembers leaving office.
#3 Chapter III: Mayor and Councilmember Code of Conduct Mayor Montano suggested that language should be added to turn off personal devices and store them.
Vice Mayor Chua noted no need for the restriction.
#4 - Chapter IV: Meetings
There was no Council discussion.
#5 - Chapter V: Dais Seating
Mayor Montano asked for clarification on the definition of continuous service. #6 - Chapter VI, Section G: Voting Order
There was no Council discussion.
#7 - Chapter VI, Sections A & B: Proclamations & Commendations There was no Council discussion.
#8 - Chapter VI: Keys to the City
There was no Council discussion.
#9 - Chapter V, Items B1 and B2: Requests for Agenda Items There was no Council discussion.
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to make no changes to Chapter 2, Section C of the City Council Procedures and Protocols Handbook regarding the term of the Vice Mayor.
Motion/Second: Vice Mayor Chua / Councilmember Phan
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
January 23, 2024 Milpitas City Council Minutes Page 6
After discussion, motion: to approve the addition of Chapter 2, Section H to the City Council Procedures and Protocols Handbook to post photographs of Past Councilmembers with no waiting period following the end of their term.
Motion/Second: Vice Mayor Chua / Mayor Montano
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
After discussion, motion: to make no changes to Chapter III, Section A of the City Council Procedures and Protocols Handbook.
Motion/Second: Councilmember Lien / Councilmember Phan
Motion carried by the following:
AYES: Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan NOES: Mayor Montano
After discussion, motion: to delete reference to meeting start time in Chapter IV, Section D1 of the City Council Procedures and Protocols Handbook.
Motion/Second: Mayor Montano / Councilmember Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
After discussion, motion: to approve changes to Chapter IV, Section F(2) of the City Council Procedures and Protocols Handbook to add language that after the Mayor and Vice Mayor are seated, the remaining Councilmembers select their seat at the dais on a seniority basis of continuous time served.
Motion/Second: Councilmember Barbadillo / Vice Mayor Chua Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
After discussion, motion: to make no changes to Chapter IV, Section G of the City Council Procedures and Protocols Handbook.
Motion/Second: Vice Mayor Chua / Councilmember Phan
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
After discussion, motion: to add language to Chapter VI, Sections A & B of the City Council Procedures and Protocols Handbook clarifying that commendations are issued by the Mayor and can also be signed by Councilmembers; and add language that allows a Councilmember to request a City Council agenda item if the Mayor refuses to sign a proclamation or commendation.
January 23, 2024 Milpitas City Council Minutes Page 7
Motion/Second: Councilmember Phan / Vice Mayor Chua
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
After discussion, motion: to add language to Chapter VI of the City Council Procedures and Protocols Handbook indicating Keys to the City must be approved by the Mayor & City Council for “significant and/or extraordinary achievement or contributions" with exceptions for Sister Cities, which would not need City Council approval.
Motion/Second: Councilmember Lien / Mayor Montano
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
After discussion, motion: to add language to Chapter V, Item B1 and B2 of the City Council Procedures and Protocols Handbook clarifying that the City Manager is responsible for setting the open session City Council agendas and the City Attorney is responsible for setting the closed session City Council agendas.
Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None
ITEMS PULLED FROM CONSENT CALENDAR
5. Consider Recommendations from Mayor Montano for Appointments to City Commissions, and Accept Commissioner Resignation (Contact: Mayor Montano, 408-586-3024) Councilmember Lien expressed concerns regarding the Planning Commission appointment and suggested reappointing the current commissioner in place of the current recommendation.
City Attorney Mutalipassi clarified that nominations are made by the Mayor in accordance with State Law for General Law Cities.
Mayor Montano made a motion: to appoint Chia Ling Kong to the Planning Commission. City Clerk Guzzetta asked the Mayor to confirm if the recommendation was only for the Planning Commission or if it included the other recommended appointments. The Mayor confirmed the motion included all recommended appointments.
Councilmember Phan voiced reservations regarding the Planning Commissioner nomination.
Vice Mayor Chua suggested in the future each councilmember have a say in the recommendation.
Mayor Montano suggested the Council could approve the other recommendations and consider the Planning Commission appointment at a later time.
Councilmember Lien expressed concern about the commission appointment process.
January 23, 2024 Milpitas City Council Minutes Page 8
Councilmember Barbadillo spoke regarding State Law and the City Municipal Code granting the Mayor the authority to recommend appointments and the City Council to vote to determine the outcome.
Vice Mayor Chua spoke in favor of the recommended appointment to the Planning Commission.
There were the following public speakers:
1. Karina Dominguez
After discussion, motion: to (1) receive Mayor Montano's recommendations and confirm appointments to City Commissions as follows: Community Advisory Commission: Appoint Albert Wu to a full voting seat with a term ending January 2027; Planning Commission: Appoint Chia Ling Kong to a full voting seat with a term ending December 2026; Senior Advisory Commission: Reappoint Ha Phan to a full voting seat with a term ending December 2026, Reappoint Deborah Langley to a full voting seat with a term ending December 2026, Appoint Mary Llamas to a full voting seat with a term ending December 2026; and Youth Advisory Commission: Appoint Vienna Sun to a full voting seat with an unexpired term ending September 2025; Appoint Ayanna Medina Ashby to a full voting seat with an unexpired term ending September 2025; (2) accept the resignation of Melba Holliday from the Senior Advisory Commission; and (3) direct the City Clerk to post the notice of unscheduled vacancy.
Motion/Second: Mayor Montano / Vice Mayor Chua
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo NOES: Councilmember Lien, Councilmember Phan
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Thomas announced the Milpitas 70th Anniversary Open House on January 25th.
City Attorney Mutalipassi announced the Brown Act Training on Thursday, January 25th in the Council Chamber.
There were the following Councilmember requests:
Councilmember Phan requested exploring the possibility of naming the County library on Main Street. There was unanimous consensus to add the item to the prioritization list.
Vice Mayor Chua made the following requests:
1. A workshop for retailers focusing on best practices and safety with plans for quarterly sessions.
Councilmember Barbadillo added additional thoughts. There was unanimous consensus to add the item to the prioritization list.
2. Update the Commissioner Handbook to include an option for outgoing commissioners to make presentations to other commissions, aiming to share their knowledge and talents. There was unanimous consent to add the item to the prioritization list.
ADJOURNMENT
Mayor Montano adjourned the meeting at 9:44 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 1/30/2024
February 20, 2024 – Regular Meeting
CLOSED SESSION
• Labor Relations
INVOCATION (Councilmember Barbadillo)
PRESENTATION
• Rare Disease Day (Proclamation)
• 2023 Synopsys STEM Championship Winners
CONSENT CALENDAR
1. Receive City Council calendar for February and March 2024 (City Clerk)
2. Approve City Council Meeting minutes of February 6, 2024 (City Clerk)
3. Preview list of items for March 5, 2024 (City Clerk)
4. Councilmember Request List (City Clerk)
5. 2023 Legislative Advocacy Summary (City Manager)
6. Mid-Year Budget (Finance)
7. Unhoused Reports for Q3/Q4 2022 (Housing)
8. Storm Drain System Emergency Repairs and Improvements (Public Works)
9. CIP 5055 Alviso Adobe HVAC Contract Award (Public Works)
10. CIP 2016 VOC CSG Amendment No. 1 for S. Milpitas Blvd Road Extension Design (Public Works / Engineering)
11. Street Vacation for 1752 Houret Court (City Ventures) (Public Works / Engineering)
LEADERSHIP AND SUPPORT SERVICES
12. ARPA Quarterly Report (Finance)
13. Cannabis Ordinance (City Attorney)
14. City Council Quarterly Prioritization (City Manager)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024
This item will be reviewed for potential
prioritization at the next report.
2 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions Chua 1/23/2024 This item will be reviewed for potential
prioritization at the next report.
3 Explore possibility of naming the County library on
Main Street Phan 1/23/2024
This item will be reviewed for potential
prioritization at the next report.
4 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item will be reviewed for potential
prioritization at the next report.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
5 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
6 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
7 Graywater Rebates Program Montano 10/17/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
8 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
9 Discussion of what the City Council can do
regarding shoplifting Barbadillo 10/3/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
10 Main Street International Festival Lien 10/3/2023
Approved to move forward as part of the
November 14, 2023 Council prioritization.
11 Bring back Capital Projects that haven’t yet been
named for the Council to review and as an
overview of CIP Projects in the works Phan 9/19/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
12 Have the Police Chief direct staff to complete an
analysis in partnership with the County to
determine if it would be beneficial to have a
location where residents can pickup Narcan
Chua 9/5/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
13 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
Approved to move forward as part of the
November 14, 2023 Council prioritization.
14 Look into what would be needed to convert the
unused Teen Center space at the Sports Center to
an indoor pickleball court.
Chua 8/8/2023
An update was included in the November
14th Council prioritization reprt.
15 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the November
14th Council prioritization reprt.
16 Satellite Consulate Office Montano 2/28/2023
An update was included in the November
14th Council prioritization reprt.
17 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the November
14th Council prioritization reprt.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
18 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
An update was included in the November
14th Council prioritization reprt.
19 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
An update was included in the November
14th Council prioritization reprt.
20 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city
Chua 8/9/2022
An update was included in the November
14th Council prioritization reprt.
21 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the November
14th Council prioritization reprt.
22 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the November
14th Council prioritization reprt.
23 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas
Chua 4/5/2022
An update was included in the November
14th Council prioritization reprt.
24 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022An update was included in the November 14th Council prioritization reprt.
25 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the November
14th Council prioritization reprt.
26 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the November
14th Council prioritization reprt.
27 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the November
14th Council prioritization reprt.
28 Staff to create a plan on how to increase the
number of local businesses doing business with
the City Chua 4/6/2021
An update was included in the November
14th Council prioritization reprt.
29 Consider Community Museum and Park on Main
St. Phan 8/20/2019
to Rules Subcommittee 8/23/2019. Moved
to Specific Plan Community Conversation
events.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Montano for Appointments to City Commissions, and Accept Commissioner Resignations (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/6/2024
Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions; Accept the resignations of Mona Sampath Khan from the Arts Commission and Eric Bernal from the Science, Technology and Innovation Commission; and direct the City Clerk to post the notice of unscheduled vacancy.
Background:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas. Commissioner appointments and removals are governed by various sections of the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are then presented to the Mayor for consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor, subject to City Council approval, assumes the responsibility for appointments to boards, commissions, and committees unless otherwise specifically provided for by statute.
Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.
In accordance with the City of Milpitas Commission By-Laws, any member or alternate member of a Commission who is no longer available to serve must submit a resignation in writing by sending a written communication to the Mayor and the City Clerk, per adopted City Council Resolution No. 7702. The written resignation must then be accepted and confirmed by City Council via action on the consent calendar at a regularly scheduled City Council meeting.
Analysis:
Appointments and removals are as follows:
Science, Technology & Innovation Commission:
1. Reappoint Albert Alcorn to a full voting seat with a term ending January 2027 Alternate Commissioner Mona Sampath Khan resigned from the Arts Commission effective January 24, 2024, and Commissioner Eric Bernal resigned from the Science, Technology and Innovation Commission on January 29, 2024.
The City Clerk's office has reviewed and confirmed all recommended Commissioner appointments.
By state law, the City Clerk is obligated to post a Notice of an Unscheduled Vacancy to announce the availability of vacant Commission seats. Final appointments cannot be made to a board, commission, or committee until the Notice of Unscheduled Vacancy has been posted in the Clerk’s office for at least ten
working days. The notice of the unscheduled vacancies on the Arts Commission and Science, Technology, and Innovation Commission will be posted Wednesday, February 7, 2024.
Fiscal Impact:
There is no fiscal impact associated with this item.
CEQA:
The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.
Recommendation:
Receive Mayor Montano's recommendations and confirm appointments to City Commissions; Accept the resignations of Mona Sampath Khan from the Arts Commission and Eric Bernal from the Science, Technology and Innovation Commission; and direct the City Clerk to post the notice of unscheduled vacancy.
Attachments:
(a) Commission Applications
(b) Resignation Letter from Alternate Arts Commissioner Mona Sampath Khan (c) Resignation Letter from Science, Technology and Innovation Commissioner Eric Bernal
From: Albert Alcorn
To: Christine Pham
Subject: Re: STIC Commission
Date: Tuesday, January 30, 2024 11:33:59 AM
Attachments: image004.png
image003.png
image002.png
image001.png
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Hi Christine,
Yes, I am interested in continuing to serve on the STI commission.
Thanks,
Albert
On Tuesday, January 30, 2024 at 11:08:58 AM PST, Christine Pham <[email protected]> wrote:
Hi Albert,
I am reaching out to see if you are interested in being reappointed to the Science, Technology and Innovation Commission as your term is set to expire this month. Please kindly reply to this email if you are.
Thanks,
Christine
Christine Pham
Office Assistant II – City Clerk’s Office
Phone (408) 586-3004
Email [email protected]
455 E. Calaveras Blvd., Milpitas CA 95035
www.milpitas.gov
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Declaring Weeds on Certain Properties to be a Public Nuisance and Set a Public Hearing for March 5, 2024 (Staff Contact: Arthur Belton, Deputy Chief/Fire Marshal, 408- 586-3384)
Category: Consent Calendar-Public Safety
Meeting Date: 2/6/2024
Recommendation: Adopt a resolution declaring weeds on specific properties to be public nuisances and set a public hearing for March 5, 2024.
BACKGROUND:
On February 2, 1976, an Agreement was established and approved to abate weeds by the County of Santa Clara for the City of Milpitas. On June 21, 2022, City Council approved an amended and restated agreement, authorizing the City Manager to execute and sign the updated agreement. The purpose of the Agreement is to promote the efficiency and economy of operations in the abatement of weeds by the City and the County. The major procedural functions to be performed by the County and / or City shall include but not limited to: The County shall prepare the list of parcels requiring abatement of weeds in the City and transmit the said list to the City for review and approval for processing. The County shall prepare the notice of weed abatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement. The City Council shall conduct public hearings on the proposed removal of weeds pursuant to the provisions of the City Ordinance when the City Fire Marshal presents such appropriate resolutions for adoption. The City Council may by resolution declare the weeds on the respective parcels of the land as nuisance, make the determination to proceed with the abatement of weeds, and authorize the performance of the service to remove the weeds in accordance with the aforementioned Agreement. Upon proper authorization by the City, the County shall remove the weeds on the designated properties. The County shall render to the City an itemized assessment report for the cost of the weed abatement services performed per the respective parcels. The City Council, after a public hearing, shall require the County Assessor’s Office to include the costs of the weed abatement services performed for the City for the current year, as a special assessment on bills for taxes levied against the affected parcels. Such special assessments shall be liens on the respective properties. Pursuant to California Health and Safety Code 14915, a copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the assessments against the respective parcels of land as they appear on the current assessment roll, (Amended by Stats. 1939, Ch. 354).
ANALYSIS:
The County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program has notified the City of Milpitas that it is commencing its Hazardous Vegetation Abatement (weed abatement) Program for the 2024 season. In order for the County to proceed with its annual abatement process, the City must adopt a resolution declaring weeds to be a public nuisance and to schedule a public hearing to hear objections to the proposed destruction and/or removal of weeds. The Milpitas City Council public hearing is scheduled for March 5, 2024.
POLICY ALTERNATIVE(S):
Alternative: Not pass a resolution
Pros: None
Cons: This would reverse a long-standing agreement with Santa Clara County to provide weed abatement service within the City of Milpitas.
Reason for Not Recommending: Without a resolution, property owners will not be notified and weed abatement will not be conducted. Weeds covered under this program, classified as “light flashy fuels” are prone to easy ignition and contribute significantly to rapid fire growth. Left unmitigated, these weeds pose a significant public safety issue in terms of fire potential.
FISCAL IMPACT:
Each year during a public hearing, the City’s municipal code provides that the City Council hear the assessment report for the list of weeds abated within the City, together with any objections of the property owners liable to be assessed, and to make such modifications on the proposed assessment as it deems necessary. Following adoption by the City Council, the resolution will be recorded and charges thereon become a lien on the land involved to be collected in the same manner as property taxes.
California Environmental Quality Act (CEQA):
The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION:
Adopt a Resolution declaring weeds on specific properties to be public nuisances and setting the public hearing date on March 5, 2024.
Attachment(s):
(a) Resolution
(b) Exhibit A - 2024 Weed Abatement Program Commencement Report
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS DECLARING
CERTAIN PROPERTIES TO CONSTITUTE A PUBLIC NUISANCE DUE TO THE OVERGROWTH OF
WEEDS AND/OR ACCUMULATION OF RUBBISH, REFUSE OR DIRT AND FIXING THE TIME AND
PLACE FOR OBJECTIONS TO ABATEMENT
WHEREAS, the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program has compiled its annual list of properties which constitute a public nuisance due to an overgrowth of weeds and/or the accumulation of rubbish, refuse or dirt; and WHEREAS, it is requested that the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program will individually notify the owners of those properties of its intent to abate said public nuisance and assess the cost as a special assessment against said properties if the owners do not abate the nuisance themselves; and
WHEREAS, the purpose of this Resolution is to fix a time and place where the said property owners can object to the proposed abatement.
NOW, THEREFORE, the City Council 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. The City Council declares that the properties listed on the annual list of properties, attached hereto as Exhibit A, constitute a public nuisance due to an overgrowth of weeds and/or the accumulation of rubbish, refuse or dirt.
3. March 5, 2024 at 7:00 p.m., in the Council Chambers at City Hall, Milpitas, California, shall be the time and place set aside for all owners of property listed on Exhibit A or any other person having any objections to the proposed removal of the weeds, rubbish, refuse and dirt to voice any objections they may have to the proposed nuisance abatement by the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program.
4. The City Clerk is hereby authorized to cause notice of this Resolution be given to the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program.
5. The City Council requests that the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program notify the owners of those properties included on Exhibit A in accordance with Milpitas Municipal Code, Title V, Chapter 202, of its intent to abate said nuisance and assess the cost as a special assessment against said properties unless such weeds, rubbish, refuse or dirt are removed by the owner.
PASSED AND ADOPTED this 6th day of February 2024, 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
APN
636 N ABEL ST 022-06-010
7280 MARYLINN DR 022-07-007
549 N ABEL ST 022-09-028
99 S MAIN ST 022-24-017
111 S MAIN ST 022-24-040
1735 CALIFORNIA CR 022-37-002
1301 CALIFORNIA CR 022-38-002
81 DIXON RD 026-05-021
DIXON RD 026-05-023
1882 N MILPITAS BL 026-05-024
51 DIXON RD 026-05-053
DIXON RD 026-06-012
1720 ARIZONA AV 026-07-016
1840 ARIZONA AV 026-07-051
1640 ARIZONA AV 026-11-067
BOTHELO LN 028-23-017
RAILROAD AVE 028-24-006
1390 EL CAMINO HIGUERA 029-02-007
1327 CALLE ORIENTE 029-05-010
1301 CALLE ORIENTE 029-05-012
876 EVANS RD 029-06-003
666 EVANS RD 029-06-008
826 CALAVERAS RIDGE DR 029-06-031
894 CALAVERAS RIDGE DR 029-06-038
322 PARK VICTORIA DR 029-16-006
1220 COUNTRY CLUB DR 029-52-014
1039 CAMARILLO CT 029-52-015
673 QUINCE LN 029-59-014
517 VISTA RIDGE DR 042-30-009
519 VISTA RIDGE DR 042-30-010
1365 PLATT AV 042-30-015
410 VISTA RIDGE DR 042-30-024
350 VISTA RIDGE DR 042-30-025
531 VISTA RIDGE DR 042-30-029
SERRA WY 083-06-006
MAIN ST 083-07-015
540 S ABEL ST 083-13-013
91 MONTAGUE EX 083-42-002
717 FOLSOM CL 086-25-018
MAIN ST 086-25-028
HAMMOND WY 086-25-030
Situs
2024 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF MILPITAS
EXHIBIT A
HAMMOND WY 086-25-032
808 S MAIN ST 086-25-051
BOTHELO AVE 086-26-039
HAMMOND WY 086-26-040
HAMMOND WY 086-26-042
MILPITAS BL 086-28-006
VISTA WY 086-29-005
WRIGLEY WY 086-29-036
YOSEMITE DR 086-29-047
876 YOSEMITE DR 086-30-047
YOSEMITE DR 086-30-048
AMES AV 086-30-060
SINCLAIR FRONTAGE RD 086-31-003
MILPITAS BLVD 086-32-084
1528 CENTRE POINTE DR 086-33-110
MONTAGUE EXPY 086-41-014
1001 S MILPITAS BL 086-42-033
GARDEN ST 086-94-014
375 DEMPSEY RD 088-01-002
DEMPSEY RD 088-04-060
S PARK VICTORIA DR 088-04-062
DEMPSEY RD 088-04-076
534 S PARK VICTORIA DR 088-06-039
1459 CANTON DR 088-09-039
2013 YOSEMITE DR 088-20-023
575 CARLSBAD ST 088-20-102
632 CARLSBAD ST 088-20-125
1791 ROCKY MOUNTAIN AV 088-23-075
1966 YOSEMITE DR 088-26-149
OLD PIEDMONT RD 092-34-008
1250 PIEDMONT RD 092-34-014
2235 URIDIAS RANCH RD 092-37-050
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Site Development Permit to Allow Development of a 1,200-Square Foot Single-Story Pavilion with a 125-Square-Foot Standalone Bathroom, Construct a 76-square foot Bathroom Addition to the Existing Guest House, and a New In-Ground Pool at an Existing Single-Family Residence on a
6.13-Acre Lot at 1350 Country Club Drive (Staff Contact: Jay Lee, Planning Director, 408-586-3077 and Lillian VanHua, Senior Planner, 408-586-3073) Category: Consent Calendar-Community Development
Meeting Date: 2/6/2024
Recommendation: Recommendation: Adopt a resolution approving Site Development Permit SD21-0002, subject to the Conditions of Approval (attached to resolution), to allow the development of a 1,200-square foot single-story pavilion with a 125-square foot standalone bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground pool at an existing single-family residence at 1350 Country Club Drive.
BACKGROUND:
On February 10, 2021, an application was submitted by Raj and Annu Navani (“Applicant”), for a development proposal to allow a 1,200-square foot single-story pavilion with a 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, a new in-ground pool, landscape renovations, and a realignment of the existing crushed gravel driveway to accommodate an overflow parking area at an existing single-family residence with an attached six-car garage on a 6.13-acre lot at 1350 Country Club Drive (APN: 029-03-020).
The Project site is zoned R1-H Single-family Residential-Hillside Zoning 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 and City Council. On January 10, 2024, the application received a recommendation by the Planning Commission to be approved by the City Council, as demonstrated in Resolution No. 24-005.
ANALYSIS:
Planning staff recommends that the City Council review and approve a resolution to allow the development of a 1,200-square foot single-story pavilion with a 125-square foot standalone bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground pool at an existing single-family residence.
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.
Based on the existing location and minimal scale of the home in consideration of its maximum allowable size outlined in Table 3 of the attached staff report, developing the 1,200-square foot pavilion, bathroom addition, and new in-ground pool and site improvements will not substantially interfere with views and privacy to adjacent lots. The existing residence exceeds all setback requirements, meets the maximum 17-foot, one-story height limit, and minimizes interference with views and privacy through substantial setbacks from adjacent residences to the north and south.
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 would remain unchanged or a new or revised project could be proposed, which could result in less disturbance of the natural landscape.
Cons: The applicant would need to either withdraw the application or resubmit revised plans for the development of an in-ground swimming pool 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 the 1,200-square foot pavilion, bathroom addition, and in-ground swimming pool 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 pavilion, bathroom addition, and in-ground swimming pool may 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 proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the scope of work includes a new 1,200-square foot single-story pavilion with a standalone 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, an inground swimming pool, and associated earth work in a residential zone. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land), as the scope of work also includes new landscaping across the site and will be minimally graded to facilitate the scope of work. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the Project scope involves the addition of 76-square feet to the existing guest house to facilitate a bathroom and a 125-square foot standalone bathroom within the pavilion on a site with an existing single-family residence. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), as the proposed Project is consistent with the established Milpitas 2040 General Plan and R1-H Single-Family Residential Hillside Zoning District.
RECOMMENDATION:
Adopt a resolution approving Site Development Permit SD21-0002, subject to the Conditions of Approval (attached to resolution), to allow the development of a 1,200-square foot single-story pavilion with a 125- square foot standalone bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground pool at an existing single-family residence at 1350 Country Club Drive.
Attachments:
(a) City Council Resolution
(b) Planning Commission Staff Report
(c) Planning Commission Resolution No. 24-005
(d) Project Plans
RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING OF SITE DEVELOPMENT PERMIT NO. SD21-0002 TO DEVELOP A 1,200-SQUARE FOOT SINGLE-STORY PAVILION WITH A 125-SQUARE FOOT BATHROOM, CONSTRUCT A 76-SQUARE FOOT
BATHROOM ADDITION TO THE EXISTING GUEST HOUSE, AND A NEW IN-GROUND SWIMMING POOL AT AN EXISTING SINGLE-FAMILY RESIDENCE ON 6.13-ACRE SITE AT 1350 COUNTRY CLUB DRIVE (APN: 029-03-020) AND MAKING CEQA FINDINGS OF EXEMPTION WHEREAS, on February 10, 2021, an application was submitted by Raj and Annu Navani, (“Applicant”), for a development proposal to 1,200-square foot single-story pavilion with a 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, a new in-ground pool, landscape renovations, and a realignment of the existing crushed gravel driveway to accommodate an overflow parking area (“Project”) on a 6.13-acre site with an existing single-family residence at 1350 Country Club Drive (APN: 029-03-020). The Project site is zoned R1-H Single-family Residential-Hillside Zoning District; and
WHEREAS, the Planning Department 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 15304 (Minor Alterations to Land) of the CEQA Guidelines; and, as a separate and independent basis, pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and, as a pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan, General Plan, or Zoning); and WHEREAS, on January 10, 2024, 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 (4-0) recommended approval of the Project to the City Council subject to Conditions of Approval per Planning Commission Resolution No. 24-005; 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: Record
The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based is within the Planning Department, City of Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035.
SECTION 3: California Environmental Quality Act (CEQA) Findings The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the scope of work includes a new 1,200-square foot single-story pavilion with a standalone 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, an inground swimming pool, and associated earth work in a residential zone. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land), as the scope of work also includes new landscaping across the site and will be minimally graded to facilitate the scope of work. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the Project scope involves the addition of 76-square feet to the existing guest house to facilitate a bathroom and a 125-square foot standalone bathroom within the pavilion on a site with an existing single-family residence. As a separate and
Resolution No. ____
2 independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), as the proposed Project is consistent with the established Milpitas 2040 General Plan and R1-H Single-Family Residential Hillside Zoning District.
SECTION 4: 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. SD21-0002:
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 Project’s architectural design and site planning are aesthetically compatible with the neighboring homes, emphasizing minimal changes to the natural topography and minimal visual impacts. The proposed pavilion, landscape renovations, and bathroom addition incorporate earth-tone colors that match the existing single-family residence and is sited so as not to draw attention when viewed from the valley floor.
2. The project is consistent with the Milpitas Zoning Ordinance.
As described in Table 1 below, the proposed development of a pavilion with a standalone bathroom, bathroom addition to the existing guest house, and an in-ground pool and site improvements will conform to the R1-H Single-Family Residential Hillside Zoning District standards for setbacks, height requirements, and landscaping.
Table 1:
Summary of Development Standards
Standards Hillside Requirements Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%; otherwise, a
40 ft. minimum
207’1” (e) Yes
Side Yard
Setback 40 ft. minimum West side – 159’3” (e)
East Side – 111’-7” Yes
Rear 40 ft. minimum 53’9” (e) Yes
Size of Main
Residence
10,000 sq. ft. maximum
(lots > 3 acres) 9,946 sq. ft. (e) Yes
Size of
Accessory
Structure
1,200 sq. ft, maximum
442 sq. ft. guest house
1,200 sq. ft. pavilion with a
125 sq. ft. bathroom
Yes
Height of
Retaining Wall 6 ft. maximum 3 ft. Yes
Impervious
Surfaces
30,000 sq. ft. maximum (lots
> 3 acres)
30,000 sq. ft. maximum (lots
> 3 acres)
22,295 sq. ft Yes
Resolution No. ____
3 Standards Hillside Requirements Proposed Complies
Building Height
(Max.) West of crestline – 17 ft. 17 ft Yes
Parking 4 spaces for 5 bedrooms 6 spaces in garage, 10 spaces on driveway Parking
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.
(e) West of the crestline
Crestline
Zone of
Protection
(e) = existing
Due to the subject property’s location, the project must also 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 their review. As described below, including in Table 2, the Project is consistent with the Hillside Architectural Guidelines.
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. Based on the existing location and
minimal scale of the home in consideration of the
maximum allowable size outlined in Table 1,
developing the 1,200-square foot pavilion,
bathroom addition, and a new in-ground pool and
site improvements will not substantially interfere
with views and privacy to adjacent lots. The
existing residence exceeds all setback
requirements, meets the maximum 17-foot, onestory height limit, and minimizes interference with views and privacy through substantial setbacks
from adjacent residences to the north and south.
(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 developed with a
few shrubs and trees on the higher-sloped northern
portions of the lot. The proposed project will not
remove any existing trees. As proposed, the
design of the pavilion, bathroom addition, and inground pool are carefully sited to be built on the flattest portions of the lot, following the existing
contours of the site to limit the amount of
imported soil.
(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 existing one-story residence,
proposed pavilion and bathroom addition are
predominantly horizontal in design and includes a
hip roof system, a clear delineation of different
colors and materials, and punctuation of certain
front and side-facing elevations to minimize the
Resolution No. ____
4 Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
perception of bulk within the main structure and
the detached guest house. Furthermore, as
described above and shown in Table 1, the scale
of the main residence and accessory structures are
similar to the immediate neighbors’ residences
built on similar lots greater than 3.0-acres in size.
(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 pavilion and bathroom
addition will not exceed maximum height limit of
17 feet for homes west of the crestline and
exceeds all minimum setbacks as required by the
Hillside development standards. As such, the
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. Although the aggregate volume of
proposed cut and fill grading for the original
house was 7,000 cubic yards, most of the grading
was necessary in order to accommodate the
driveway and vehicular turn-around in front of the
residence. The site of the house is gently sloped,
and the original plans called for the house to “step
down” the hillside to minimize grading for the
building pad. The various components of the
Project will be sited in a similar manner and the
finished grade will “step down” from the existing
contours of the hillside. Moreover, the siting of
the proposed pavilion, bathroom addition and inground pool is on a relatively flat portion of the existing lot. The new pavilion, bathroom addition,
and in-ground pool is limited to 255 cubic yards of
cut and 416 cubic yards of fill on the site.
Site & Architectural Design
The Project site has an existing single-family residence with various exterior materials and finishes, a palette of earth-tone colors, and a hip roof system with dark gray concrete ‘S’ tiles. The existing detached guest house (cabana/pool house) was designed with the same materials to complement the main residence. The design of the proposed pavilion and bathroom addition features a hip roof system with dark gray tiles, with a stucco finish in “Evening White” to match the existing singlefamily residence.
Recreation Courts
The Project also proposes a basketball court just south of the pavilion. Pursuant to MMC Section XI-10-45.14, grading for tennis courts and other recreation courts shall not exceed six feet of fill or twelve feet of cut and fill. The finished grade of the basketball court is at 206 feet, while the existing contours vary from 204 feet to 209 feet. Therefore, the proposed basketball court is in conformance with Section XI-10-45.14 as the maximum cut is three feet and maximum fill is two feet.
The basketball court will also be landscaped and screened pursuant to MMC Section XI-10-45.14-2. The proposed retaining wall on the lower side of the court will be two feet tall and shrubs are proposed to aid in screening. The other side of the court and the rear will also be screened with larger plants. Lastly, the surface of the court will be colored in natural tones pursuant to MMC Section XI-10-45.14-3. The Project proposes gray, mauve, and moss green colored pavers in conformance with above referenced section.
Outdoor Lighting
Resolution No. ____
5 Pursuant to MMC Section XI-10-45.15-1, no artificial lighting shall be permitted for tennis and other recreation courts. No lighting is proposed for the court.
Pursuant to MMC Section XI-10-45.15-2, artificial lighting of swimming pools and spas shall be permitted only under certain conditions:
(a) Light(s) are placed beneath the surface of water in the pool or spa to illuminate the water; (b) Other exterior lights used to illuminate the surrounding area; (c) Light(s) use the minimum wattage which will safely illuminate the area; (d) No direct light is cast beyond the immediate area of the pool or spa; and (e) No light sources are directly visible from off the site.
The Project only proposes pool lighting beneath the surface of the water. Other outdoor lighting will be located on steps for safety purposes and will use minimum wattage lights to safely illuminate the area.
Grading and Landscaping
Pursuant to MMC Section XI-10-45.18-4, where the aggregate volume of grading exceeds 1,500 cubic yards, the Planning Commission shall review the proposed grading plan and recommend approval or denial to the City council. Although the aggregate volume of proposed cut and fill grading for the original house is 7,000 cubic yards, most of the grading was necessary in order to accommodate the driveway and vehicular turn-around in front of the residence. The subject site consists of slopes ranging from 10 to 80 percent. A driveway was needed to provide access from the public street to the building site for construction purposes, residential daily access purposes, and for emergency response purposes. Moreover, the site of the house is gently sloped, and the original plans called for the house to “step down” the hillside to minimize grading for the building pad. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the Project on the flattest portion of the site, which will result in 255 cubic yards of cut and 416 cubic yards of fill on the site. The various components of the Project will be sited in a similar manner and the finished grade will “step down” from the existing contours of the hillside. No existing trees will be removed. Therefore, the Planning Commission recommends that the City Council approve the Project’s grading plan.
The Project’s landscape renovations include new landscaping throughout the property, grass flanking on both sides of the front entrance, and the realignment of a crushed gravel overflow parking area as required by the City’s Fire Department in order to facilitate additional parking and emergency vehicle access. A new walkway and stairs will be built leading the overflow parking area to the upper walkway surrounding the residence. Outdoor amenities include various seating areas, firepits, and patios. All plants will be drought-tolerant and water efficient and conditioned to comply with Resolution no. 6066.
Crestline Zone of Protection
To protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Pursuant to MMC Section XI-10-45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes 100 feet immediately below when viewed from the valley floor. The proposed Project is located over 900 feet west of the crestline and approximately 200 feet lower in elevation; the project is further restricted to a height of seventeen (17) feet and one (1) story (excluding basements) from the lowest finished grade to the highest ridgeline of the building. The Project conforms to these development standards outlined in Table 1.
3. The project is consistent with the Milpitas General Plan.
The proposed Project is consistent with the Milpitas General Plan, particularly with Policy CD 7-5, which states that new development in the Hillside Area should be limited to only very low density residential, open space, and park uses. The Project site is a legal lot with an approved single-family residence. The proposed Project is designed to fit in with the natural topographic features of the hillside property and reduce the visual impact as viewed from the valley floor as outlined in Table 3.
Table 3:
General Plan Consistency
Resolution No. ____
6 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 Project will not significantly impact
the visual character of the hillside from the valley
floor or other viewpoints, as the project site is located over 900 feet west of and approximately 200 feet
lower than the crestline.
CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.
Consistent. The Project will be situated at the flattest portion of the lot, along the same elevation as the
existing single-family residence and guest house to
minimize the disruption to the existing natural
topography by limiting the volume of grading to only
255 cubic yards of cut and 416 cubic yards of fill on
the site. This is designed to accommodate the footprint of the pavilion, bathroom addition, driveway
extension, and pool and meet the required grade at the
existing concrete retaining wall.
CD 7-3 Protect the natural character of
hillside areas by means of contour grading to
blend graded slopes and terraces with the
natural topography.
Consistent. Minimal contour grading will be
required to construct the pavilion, bathroom addition,
and in-ground pool due to its location on the flattest
areas of lot, along the same elevation as the existing
single-family residence and guest house. 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 Project is proposed at the flattest
portion of the lot and will only require 255 cubic yards of cut and 416 cubic yards of fill on the site. The house site is gently sloped, and the original plans called for the house to “step down” the hillside to minimize
grading for the building pad. The various components
of the Project will be sited in a similar manner and the finished grade will “step down” from the existing
contours of the hillside. The driveway extension
consists of an existing gravel area on the site and no
additional grading will be needed to accommodate the
new parking area. Grading has been substantially
minimized for the Project because the work follows
the site's natural contours to preserve the natural
terrain quality.
CD 7-5 Ensure that any change in hillside land
use is accompanied by appropriate safety
measures and that the environmental
constraints are adequately addressed
especially with respect to runoff and erosion.
Consistent. No change in land use is proposed; the
site will remain developed as a single-family
residence, with adequate fire safety measures to allow
fire apparatus access. The proposed landscaping
elements and patios are pervious to inhibit excess
runoff and erosion.
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 pavilion, bathroom addition, and in-ground pool
Resolution No. ____
7 are designed to fit in with the natural topographic features of the property and reduce the visual impact as viewed from the valley floor.
SECTION 5: City Council Approval
Based on the foregoing, the City Council hereby approves Site Development Permit No. SD21-0002 to allow the development of a 1,200-square foot single-story pavilion with a 125-square foot bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground swimming pool at an existing single-family residence in the R1-H Single-Family Residential Hillside Zoning District, based on the above findings and subject to the Conditions of Approval in the proposed Site Development Permit No. SD21-0002 attached hereto as Exhibit 1 and incorporated herein.
PASSED AND ADOPTED this _____ day of___________, 2024, 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-SD21-0002
1350 COUNTRY CLUB DRIVE (APN 029-03-020)
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD21-0002 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 a 1,200-square foot single-story pavilion with a 125- square foot bathroom, a 76-square foot bathroom addition to the existing guest house, and a new in ground swimming pool (“Project”) appurtenant to an existing single-family residence on a 6.13-acre site located in the R1-H Single-family Residential-Hillside Zoning District at 1350 Country Club Drive (APN 029-03-020), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits.
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
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. SD21-0002 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the belowenumerated 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 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.
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 submittal 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. (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 Permit. (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 Permit. (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. Development in Conformance with Approve Plans. Permittee shall develop the approved project in conformance with the approved plans dated August 24, 2023, approved by the Planning Commission on January 10, 2024, 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 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. The 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)
Resolution No. ____
10 18. Conditions of Approval. Prior to the issuance of a building permit, the owner or designee shall include, within the four first pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P)
PROJECT SPECIFIC CONDITIONS
Planning Department Conditions
19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill. Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)
20. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plant materials that require excessive water after becoming established should be avoided. (P)
21. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Planning Director. (P)
22. 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)
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. Hillside Landscaping Water Conservation Policy. Permittee shall submit a revised planting and landscape plan prior to building permit issuance that demonstrates compliance with the Hillside Landscape Water Conservation Policy (Resolution No. 6066). (P)
26. Recreation Court Color. All surface and retaining walls shall be colored in natural tones and screened as appropriate so that the court is not conspicuous when viewed from off-site. (P)
27. Outdoor Lighting. No artificial lighting shall be permitted for tennis and other recreation courts.
28. Outdoor Lighting. Artificial lighting of swimming pools and spas shall be permitted only under the following conditions:
a. Lights are placed beneath the surface of water in the pool or spa to illuminate the water; b. Other exterior lights used to illuminate the surrounding area; c. Lights use the minimum wattage which will safely illuminate the area; d. No direct light is cast beyond the immediate area of the pool or spa; and e. No light sources are directly visible from off the site.
29. Outdoor Lighting. Outdoor lighting should use the minimum wattage lights which will safely illuminate the area.
Outdoor light sources shall be shielded so as not to be directly visible from off-site.
Fire Department
The plans approved by the Planning Department process are not building plans and have not been reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). Do not consider this set of plans as final building plans approved by the Fire Department. Building plans must be submitted for review and approval before construction is to commence. The following notes are a general list of the
Resolution No. ____
11 applicable code requirements (2016) and are provided to assist with the building permit process. Please note that these are not all inclusive. All applicable Building, Fire and Municipal Code requirements must be met in advance of any building permit approvals or related construction.
30. Electronic documents. The fire code official may require electronic base documents for all construction documents and operational permits. The fire code official shall designate the software base format for the electronic documents.
CFC Section 105.4.2.2, added by MMC Section V-300-2.11, and CFC Section 102.9 Building Department
31. Compliance with California Code of Regulations. The Project shall comply with the requirements of the Building Safety and Housing Department and the California Code of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regulations Title 24 and Milpitas Municipal Code requirements applicable at the time of building permit application must be met in advance of any building permit approvals or related construction. Changes to the site plan and/or building plan require review and approval by the Building Safety and Housing Department (B)
Engineering Department
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)
32. Modifications: The Site Development Plan dated August 24, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.
33. 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 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)
34. Easements on the Building Permit Plans: Permittee shall depict all existing easements to remain based upon current preliminary title report and depict new easements on applicable building permit plans.
35. 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.
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)
36. 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.
37. 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.
Resolution No. ____
12 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.
38. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance. (P) = Planning
(B) = Building
(E) = Engineering
(F) = Fire Prevention
(CA) = City Attorney
ACCEPTANCE
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.
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.
Signature: ___________________________________________________ Printed Name: _______________________________________________ Relationship to Property: _______________________________________ Date:_______________
AGENDA IX-1
MILPITAS PLANNING COMMISSION
STAFF REPORT
January 10, 2024
APPLICATION: LANDSCAPE RENOVATION, NEW PAVILION,
BATHROOM AND NEW POOL - Site Development Permit No.
SD21-0002: A request for a Site Development Permit to develop a 1,200-square foot single-story pavilion with a 125-square foot bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground pool at an existing singlefamily residence on a 6.13-acre lot located in the R1-H Singlefamily Residential Hillside Combining District located at 1350 Country Club Drive.
RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 24-005, recommending City Council approve Site Development Permit No. SD21-0002, subject to the attached Conditions of Approval.
LOCATION:
Address/APN: 1350 Country Club Drive (APN: 029-03-020)
Area of City: Northeastern portion of the City of Milpitas in the hillside area PEOPLE:
Project Applicant/Owner: Raj and Annu Navani
Project Planner: Lillian VanHua, AICP, Senior Planner
LAND USE:
General Plan Designation: Hillside Low-Density (HLD)
Zoning District: Single-Family Residential-Hillside (R1-H) Site Area: 6.13 acres
ENVIRONMENTAL: Categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), Section 15301 (Existing Facilities), and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Map 1
Aerial Project Location
Map 2
Zoning Map
Project Site
Project Site
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
PROJECT DESCRIPTION
History
On March 19, 2002, the Milpitas City Council approved a Hillside Site and Architectural Review Permit and Variance (P-VA2002-1) to construct a one-story, single-family residence, six-car garage, and backyard amenities including pool, spa, patios, guest house (cabana/pool house), and solid roof arbor, and to grade on slopes in excess of 40 percent. On August 27, 2003, the Milpitas Planning Commission Subcommittee approved Hillside ‘S’ Zone Application P-SA2003-109, an application to review compliance with special conditions related to landscaping and the entry fence and gate of the previously approved Site and Architectural Review Permit.
Application
The applicant is requesting a Site Development Permit to develop a 1,200-square foot single-story pavilion with a 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, a new in-ground pool, landscape renovations, and a realignment of the existing crushed gravel driveway to accommodate an overflow parking area at an existing single-family residence with an attached six-car garage.
Context and Location
The Project site is a developed 6.13-acre parcel located off Country Club Drive, in the northeastern portion of the City of Milpitas, in the hillside area approximately a 0.15-mile northeast of the Country Club Drive/North Park Victoria Drive intersection. The project site is located on the west side of the crestline. A vicinity map of the subject site location is shown on Map 1. The property and neighboring properties are zoned Single-Family Residential – Hillside (R1-H). Map 2 on the previous page and Table 1 on the following page summarize the Zoning and Land Uses surrounding the site.
Process
In addition to satisfying the substantive and procedural requirements typically applicable to a Site Development Permit, 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.
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Table 1
Surrounding Zoning and Land Uses
General Plan Zoning Existing Use
Subject Site Hillside Low
Density (HLD)
Single-Family ResidentialHillside (R1-H) Single-family home North Hillside Low
Density (HLD)
Single-Family ResidentialHillside (R1-H) Single-family home South Hillside Low
Density (HLD)
Single-Family ResidentialHillside (R1-H) Single-family home East Hillside Low
Density (HLD)
Single-Family ResidentialHillside (R1-H) Single-family home West Hillside Low
Density (HLD)
Single-Family ResidentialHillside (R1-H) Single-family home
PROJECT ANALYSIS
Milpitas General Plan 2040
The General Plan designation for the project site is Hillside Low Density (HLD). The General Plan details the City's Hillside Area's goals, objectives, and policies. 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
off-site public views and the importance of
providing panoramic public views from and
of hillsides.
Consistent. The Project will not significantly
impact the visual character of the hillside from the
valley floor or other viewpoints, as the project site
is located over 900 feet west of and
approximately 200 feet lower than the crestline.
CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.
Consistent. The Project will be situated at the
flattest portion of the lot, along the same elevation
as the existing single-family residence and guest
house to minimize the disruption to the existing
natural topography by limiting the volume of
grading to only 255 cubic yards of cut and 416
cubic yards of fill on the site. This is designed to
accommodate the footprint of the pavilion,
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Policy Conformance
bathroom addition, driveway extension, and pool
and meet the required grade at the existing
concrete retaining wall.
CD 7-3 Protect the natural character of
hillside areas by means of contour grading
to blend graded slopes and terraces with the
natural topography.
Consistent. Minimal contour grading will be
required to construct the pavilion, bathroom
addition, and in-ground pool due to its location
on the flattest areas of lot, along the same
elevation as the existing single-family residence
and guest house. 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 Project is proposed at the
flattest portion of the lot and will only require255
cubic yards of cut and 416 cubic yards of fill on
the site. The house site is gently sloped, and the
original plans called for the house to “step down”
the hillside to minimize grading for the building
pad. The various components of the Project will
be sited in a similar manner and the finished
grade will “step down” from the existing
contours of the hillside. The driveway extension
consists of an existing gravel area on the site and
no additional grading will be needed to
accommodate the new parking area. Grading has
been substantially minimized for the Project
because the work follows the site's natural
contours to preserve the natural terrain quality.
CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the environmental
constraints are adequately addressed
especially with respect to runoff and
erosion.
Consistent. No change in land use is proposed;
the site will remain developed as a single-family
residence, with adequate fire safety measures to
allow fire apparatus access. The proposed
landscaping elements and patios are pervious to
inhibit excess runoff and erosion.
Development Standards
The site is in the R1-H Single-Family Residential - “H” - Hillside Combining District. The purpose of the R1-H District is to promote and encourage 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.
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Pursuant to MMC Section XI-10-45.17-4, the subject parcel is greater than 3.0 acres, which allows for the largest maximum size for the main residence (10,000 square feet) and the largest amount of impervious surface coverage on the site (30,000 square feet). Table 3 demonstrates the Project’s consistency with the applicable development standards of the R1-H zone. Figures 1 & 2 demonstrate the site plan and building configuration. Figures 3 and 4 demonstrate the floor plan and layout of the pavilion and bathroom addition.
Table 3
Summary of Development Standards
Standards Hillside Requirements Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%; otherwise,
a 40 ft. minimum
207’1” (e) Yes
Side Yard
Setback 40 ft. minimum West side – 159’3” (e) East Side – 111’-7” Yes Rear 40 ft. minimum 53’9” (e) Yes
Size of Main
Residence
10,000 sq. ft. maximum
(lots > 3 acres) 9,946 sq. ft. (e) Yes
Size of
Accessory
Structure
1,200 sq. ft, maximum
442 sq. ft. guest house
1,200 sq. ft. pavilion with a
125 sq. ft. bathroom
Yes
Height of
Retaining Wall 6 ft. maximum 5 ft. Yes
Impervious
Surfaces
30,000 sq. ft. maximum
(lots > 3 acres)
30,000 sq. ft. maximum
(lots > 3 acres)
22,295 sq. ft. Yes
Building Height
(Max.) West of crestline – 17 ft. 17 ft Yes
Parking 4 spaces for 5 bedrooms 6 spaces in garage, 10
spaces on driveway Yes
Crestline Zone
of Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
West of the crestline Yes
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Standards Hillside Requirements Proposed Complies
no structure extends above
the crestline site line.
(e) = existing
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Figure 1
Site Plan
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Figure 2
Enlarged Site Plan
Figure 3
Pavilion Floor Plan
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Figure 4
Bathroom Addition
Due to the subject property’s location, the Project must also 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 their 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
Consistent. Based on the existing location
and minimal scale of the home in
consideration of the maximum allowable size
outlined in Table 3, developing the 1,200-
square foot pavilion, bathroom addition, and a
new in-ground pool and site improvements
will not substantially interfere with views and
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
lots, will avoid unreasonable interference
with views and privacy.
privacy to adjacent lots. The existing
residence exceeds all setback requirements,
meets the maximum 17-foot, one-story height
limit, and minimizes interference with views
and privacy through substantial setbacks from
adjacent residences to the north and south.
(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 developed
with a few shrubs and trees on the highersloped northern portions of the lot. The proposed project will not remove any existing
trees. As proposed, the design of the pavilion,
bathroom addition, and in-ground pool are
carefully sited to be built on the flattest
portions of the lot, following the existing
contours of the site to limit the amount of
imported soil.
(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 existing one-story residence,
proposed pavilion and bathroom addition are
predominantly horizontal in design and
includes a hip roof system, a clear delineation
of different colors and materials, and
punctuation of certain front and side-facing
elevations to minimize the perception of bulk
within the main structure and the detached
guest house. Furthermore, as described above
and shown in Table 3, the scale of the main
residence and accessory structures are similar
to the immediate neighbors’ residences built
on similar lots larger than 3.0-acres in size.
(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 pavilion and
bathroom addition will not exceed the
maximum height limit of 17 feet for homes
west of the crestline and exceeds all minimum
setbacks as required by the Hillside
development standards. As such, the 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. Although the aggregate volume
of proposed cut and fill grading for the
original house was 7,000 cubic yards, most of
the grading was necessary in order to
accommodate the driveway and vehicular
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
turn-around in front of the residence. The site
of the house is gently sloped, and the original
plans called for the house to “step down” the
hillside to minimize grading for the building
pad. The various components of the Project
will be sited in a similar manner and the
finished grade will “step down” from the
existing contours of the hillside. Moreover,
the siting of the proposed pavilion, bathroom
addition and in-ground pool is on a relatively
flat portion of the existing lot. The new
pavilion, bathroom addition, and in-ground
pool is limited to 255 cubic yards of cut and
416 cubic yards of fill on the site.
Site & Architectural Design
The Project site has an existing single-family residence with various exterior materials and finishes, a palette of earth-tone colors, and a hip roof system with dark gray concrete ‘S’ tiles. The existing detached guest house (cabana/pool house) was designed with the same materials to complement the main residence. The design of the proposed pavilion and bathroom addition features a hip roof system with dark gray tiles, with a stucco finish in “Evening White” to match the existing single-family residence, as shown on Figure 5.
Figure 5
Elevation
Recreation Courts
The Project also proposes a basketball court just south of the pavilion. Pursuant to MMC Section XI-10-45.14, grading for tennis courts and other recreation courts shall not exceed six feet of fill or twelve feet of cut and fill. The finished grade of the basketball court is at 206 feet, while the existing contours vary from 204 feet to 209 feet. Therefore, the proposed basketball court is in
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
conformance with Section XI-10-45.14 as the maximum cut is three feet and maximum fill is two feet.
The basketball court will also be landscaped and screened pursuant to MMC Section XI-10-45.14-
2. The proposed retaining wall on the lower side of the court will be two feet tall and shrubs are proposed to aid in screening. The other side of the court and the rear will also be screened with larger plants. Lastly, the surface of the court will be colored in natural tones pursuant to MMC Section XI-10-45.14-3. The Project proposes gray, mauve, and moss green colored pavers in conformance with above referenced section.
Outdoor Lighting
Pursuant to MMC Section XI-10-45.15-1, no artificial lighting shall be permitted for tennis and other recreation courts. No lighting is proposed for the court.
Pursuant to MMC Section XI-10-45.15-2, artificial lighting of swimming pools and spas shall be permitted only under certain conditions:
(a) Light(s) are placed beneath the surface of water in the pool or spa to illuminate the water; (b) Other exterior lights used to illuminate the surrounding area; (c) Light(s) use the minimum wattage which will safely illuminate the area; (d) No direct light is cast beyond the immediate area of the pool or spa; and (e) No light sources are directly visible from off the site.
The Project only proposes pool lighting beneath the surface of the water. Other outdoor lighting will be located on steps for safety purposes and will use minimum wattage lights to safely illuminate the area.
Grading and Landscaping
Pursuant to MMC Section XI-10-45.18-4, where the aggregate volume of grading exceeds 1,500 cubic yards, the Planning Commission shall review the proposed grading plan and recommend approval or denial to the City council. Although the aggregate volume of proposed cut and fill grading for the original house is 7,000 cubic yards, most of the grading was necessary in order to accommodate the driveway and vehicular turn-around in front of the residence. The subject site consists of slopes ranging from 10 to 80 percent. A driveway was needed to provide access from the public street to the building site for construction purposes, residential daily access purposes, and for emergency response purposes. Moreover, the site of the house is gently sloped, and the original plans called for the house to “step down” the hillside to minimize grading for the building pad. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the Project on the flattest portion of the site, which will result in 255 cubic yards of cut and 416 cubic yards of fill on the site. The various components of the Project will be sited in a similar manner and the finished grade will “step down” from the existing contours of the hillside. No existing trees will be removed.
The Project’s landscape renovations include new landscaping throughout the property, grass flanking on both sides of the front entrance, and the realignment of a crushed gravel overflow parking area as required by the City’s Fire Department in order to facilitate additional parking and emergency vehicle access. A new walkway and stairs will be built leading the overflow parking area to the upper walkway surrounding the residence. Outdoor amenities include various seating
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
areas, firepits, and patios. All plants will be drought-tolerant and water efficient and conditioned to comply with Resolution no. 6066.
Crestline Zone of Protection
To protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Pursuant to MMC Section XI-10-
45.06,the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes 100 feet immediately below when viewed from the valley floor. The proposed Project is located over 900 feet west of the crestline and approximately 200 feet lower in elevation; the project is further restricted to a height of seventeen (17) feet and one (1) story (excluding basements) from the lowest finished grade to the highest ridgeline of the building. The Project conforms to these development standards outlined in Table 3.
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.
The Project’s architectural design and site planning are aesthetically compatible with the neighboring homes, emphasizing minimal changes to the natural topography and minimal visual impacts. The proposed pavilion and bathroom addition incorporate earth-tone colors that match the existing single-family residence and is sited so as not to draw attention when viewed from the valley floor.
2. The project is consistent with the Milpitas Zoning Ordinance in that:
As described within the staff report, the proposed development of a pavilion with a standalone bathroom, bathroom addition to the existing guest house, and an in-ground pool and site improvements will conform to the R1-H Single-Family Residential Hillside Zoning District standards for setbacks, height requirements, and landscaping.
3. The project is consistent with the Milpitas General Plan in that:
The proposed Project is consistent with the Milpitas General Plan, particularly with Policy CD 7-5, which states that new development in the Hillside Area should be limited to only very low density residential, open space, and park uses. The Project site is a legal lot with an approved single-family residence. The proposed Project is designed to fit in with the natural topographic features of the hillside property and reduce the visual impact as viewed from the valley floor.
ENVIRONMENTAL REVIEW
Agenda Item IX-1: Landscape Renovation, New Pavilion, Bathroom, and Swimming Pool – January 10, 2024
The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the scope of work includes a new 1,200-square foot single-story pavilion with a standalone 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, an in-ground swimming pool, and associated earth work in a residential zone. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land), as the scope of work also includes new landscaping across the site and will be minimally graded to facilitate the scope of work. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the Project scope involves the addition of 76-square feet to the existing guest house to facilitate a bathroom and a 125-square foot standalone bathroom within the pavilion on a site with an existing single-family residence. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), as the proposed Project is consistent with the established Milpitas 2040 General Plan and R1-H Single-Family Residential Hillside Zoning District.
PUBLIC COMMENT/OUTREACH
Staff provided public notice for the application in accordance with City and State public noticing requirements. A notice was published in the Milpitas Post on December 29, 2023. In addition, 22 notices were sent to owners and occupants within 300 feet of the project site. A public notice was also posted on the project site, on the City’s Website, www.milpitas.gov, and posted at City Hall.
At the time of writing this report, there have been no inquiries from the public.
RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:
1. Open the Public Hearing to receive comments;
2. Close the Public Hearing; and
3. Adopt Resolution No. 24-005, approving and recommending the City Council approve Site Development Permit No. SD21-0002, to allow the development of a 1,200-square foot single-story pavilion with a 125-square foot standalone bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground pool at an existing single-family residence in the R1-H Single-Family Residential Hillside Zoning District, subject to the findings and attached Conditions of Approval.
ATTACHMENTS
A: Resolution 24-005
B: Project Plans
RESO NO. 24-005
RESOLUTION NO. 24-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS
APPROVING AND RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT NO. SD21-0002 TO THE MILPITAS CITY COUNCIL TO DEVELOP A 1,200- SQUARE FOOT SINGLE-STORY PAVILION WITH A 125-SQUARE FOOT BATHROOM, CONSTRUCT A 76-SQUARE FOOT BATHROOM ADDITION TO THE
EXISTING GUEST HOUSE, AND A NEW IN-GROUND SWIMMING POOL AT AN EXISTING SINGLE-FAMILY RESIDENCE ON 6.13-ACRE SITE AT 1350 COUNTRY CLUB DRIVE (APN: 029-03-020)
WHEREAS, on February 10, 2021, an application was submitted by Raj and Annu Navani, the property owners (“Applicant”), for a development proposal to allow the development of a 1,200-square foot pavilion with a 125-square foot bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground swimming pool (“Project”) on a 6.13- acre site with an existing single-family residence at 1350 Country Club Drive (APN: 029-03-020).
The Project site is zoned R1-H Single-family Residential-Hillside Zoning District; and WHEREAS, the Planning Department 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 15304 (Minor Alterations to Land) of the CEQA Guidelines; and, as a separate and independent basis, pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and, as a pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan, General Plan, or Zoning); and WHEREAS, on January 10, 2024 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 the Project; and
WHEREAS, the Planning Commission has considered all of the written and oral testimony presented at the public hearing in making its decision; and NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines and resolves as follows:
SECTION 1: Recitals.
The Planning Commission has considered the full record before it, which may include, but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and incorporated herein by reference.
SECTION 2: Record
The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based is within the Planning Department, City of Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035 SECTION 3: CEQA Finding
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The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the scope of work includes a new 1,200-square foot single-story pavilion with a standalone 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, an in-ground swimming pool, and associated earth work in a residential zone. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land), as the scope of work also includes new landscaping across the site and will be minimally graded to facilitate the scope of work. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the Project scope involves the addition of 76-square feet to the existing guest house to facilitate a bathroom and a 125-square foot standalone bathroom within the pavilion on a site with an existing single-family residence. As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), as the proposed Project is consistent with the established Milpitas 2040 General Plan and R1-H SingleFamily Residential Hillside Zoning District.
SECTION 4: Site Development Permit (Section XI-10-57.03(F)(1)) The Planning Commission makes the following findings based on the evidence in the public record in approving Site Development Permit No. SD21-0002:
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 Project’s architectural design and site planning are aesthetically compatible with the neighboring homes, emphasizing minimal changes to the natural topography and minimal visual impacts. The proposed pavilion, landscape renovations, and bathroom addition incorporate earth-tone colors that match the existing single-family residence and is sited so as not to draw attention when viewed from the valley floor.
2. The project is consistent with the Milpitas Zoning Ordinance.
As described in Table 1 below, the proposed development of a pavilion with a standalone bathroom, bathroom addition to the existing guest house, and an in-ground pool and site improvements will conform to the R1-H Single-Family Residential Hillside Zoning District standards for setbacks, height requirements, and landscaping.
Table 1:
Summary of Development Standards
Standards Hillside Requirements Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%; otherwise,
a 40 ft. minimum
207’1” (e) Yes
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Standards Hillside Requirements Proposed Complies
Side Yard
Setback 40 ft. minimum West side – 159’3” (e)East Side – 111’-7” Yes Rear 40 ft. minimum 53’9” (e) Yes
Size of Main
Residence
10,000 sq. ft. maximum
(lots > 3 acres) 9,946 sq. ft. (e) Yes
Size of
Accessory
Structure
1,200 sq. ft, maximum
442 sq. ft. guest house
1,200 sq. ft. pavilion with a
125 sq. ft. bathroom
Yes
Height of
Retaining Wall 6 ft. maximum 3 ft. Yes
Impervious
Surfaces
30,000 sq. ft. maximum
(lots > 3 acres)
30,000 sq. ft. maximum
(lots > 3 acres)
22,295 sq. ft Yes
Building Height
(Max.) West of crestline – 17 ft. 17 ft Yes
Parking 4 spaces for 5 bedrooms 6 spaces in garage, 10
spaces on driveway 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.
(e) West of the crestline Yes
(e) = existing
Due to the subject property’s location, the project must also 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 their review. As described below, including in Table 2, the Project is consistent with the Hillside Architectural Guidelines .
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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. Based on the existing location
and minimal scale of the home in
consideration of the maximum allowable size
outlined in Table 1, developing the 1,200-
square foot pavilion, bathroom addition, and a
new in-ground pool and site improvements
will not substantially interfere with views and
privacy to adjacent lots. The existing
residence exceeds all setback requirements,
meets the maximum 17-foot, one-story height
limit, and minimizes interference with views
and privacy through substantial setbacks from
adjacent residences to the north and south.
(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 developed
with a few shrubs and trees on the highersloped northern portions of the lot. The proposed project will not remove any existing
trees. As proposed, the design of the pavilion,
bathroom addition, and in-ground pool are
carefully sited to be built on the flattest
portions of the lot, following the existing
contours of the site to limit the amount of
imported soil.
(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 existing one-story residence,
proposed pavilion and bathroom addition are
predominantly horizontal in design and
includes a hip roof system, a clear delineation
of different colors and materials, and
punctuation of certain front and side-facing
elevations to minimize the perception of bulk
within the main structure and the detached
guest house. Furthermore, as described above
and shown in Table 1, the scale of the main
residence and accessory structures are similar
to the immediate neighbors’ residences built
on similar lots greater than 3.0-acres in size.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
Consistent. The proposed pavilion and
bathroom addition will not exceed maximum
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Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
shall not unreasonably impair the light and
air of adjacent properties nor unreasonably
impair the ability of adjacent properties to
utilize solar energy.
height limit of 17 feet for homes west of the
crestline and exceeds all minimum setbacks as
required by the Hillside development
standards. As such, the 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. Although the aggregate volume
of proposed cut and fill grading for the
original house was 7,000 cubic yards, most of
the grading was necessary in order to
accommodate the driveway and vehicular
turn-around in front of the residence. The site
of the house is gently sloped, and the original
plans called for the house to “step down” the
hillside to minimize grading for the building
pad. The various components of the Project
will be sited in a similar manner and the
finished grade will “step down” from the
existing contours of the hillside. Moreover,
the siting of the proposed pavilion, bathroom
addition and in-ground pool is on a relatively
flat portion of the existing lot. The new
pavilion, bathroom addition, and in-ground
pool is limited to 255 cubic yards of cut and
416 cubic yards of fill on the site.
Site & Architectural Design
The Project site has an existing single-family residence with various exterior materials and finishes, a palette of earth-tone colors, and a hip roof system with dark gray concrete ‘S’ tiles. The existing detached guest house (cabana/pool house) was designed with the same materials to complement the main residence. The design of the proposed pavilion and bathroom addition features a hip roof system with dark gray tiles, with a stucco finish in “Evening White” to match the existing single-family residence.
Recreation Courts
The Project also proposes a basketball court just south of the pavilion. Pursuant to MMC Section XI-10-45.14, grading for tennis courts and other recreation courts shall not exceed six feet of fill or twelve feet of cut and fill. The finished grade of the basketball court is at 206 feet, while the existing contours vary from 204 feet to 209 feet. Therefore, the proposed basketball court is in conformance with Section XI-10-45.14 as the maximum cut is three feet and maximum fill is two feet.
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The basketball court will also be landscaped and screened pursuant to MMC Section XI-10-45.14-
2. The proposed retaining wall on the lower side of the court will be two feet tall and shrubs are proposed to aid in screening. The other side of the court and the rear will also be screened with larger plants. Lastly, the surface of the court will be colored in natural tones pursuant to MMC Section XI-10-45.14-3. The Project proposes gray, mauve, and moss green colored pavers in conformance with above referenced section
Outdoor Lighting
Pursuant to MMC Section XI-10-45.15-1, no artificial lighting shall be permitted for tennis and other recreation courts. No lighting is proposed for the court.
Pursuant to MMC Section XI-10-45.15-2, artificial lighting of swimming pools and spas shall be permitted only under certain conditions:
(a) Light(s) are placed beneath the surface of water in the pool or spa to illuminate the water; (b) Other exterior lights used to illuminate the surrounding area; (c) Light(s) use the minimum wattage which will safely illuminate the area; (d) No direct light is cast beyond the immediate area of the pool or spa; and (e) No light sources are directly visible from off the site.
The Project only proposes pool lighting beneath the surface of the water. Other outdoor lighting will be located on steps for safety purposes and will use minimum wattage lights to safely illuminate the area.
Grading and Landscaping
Pursuant to MMC Section XI-10-45.18-4, where the aggregate volume of grading exceeds 1,500 cubic yards, the Planning Commission shall review the proposed grading plan and recommend approval or denial to the City council. Although the aggregate volume of proposed cut and fill grading for the original house is 7,000 cubic yards, most of the grading was necessary in order to accommodate the driveway and vehicular turn-around in front of the residence. The subject site consists of slopes ranging from 10 to 80 percent. A driveway was needed to provide access from the public street to the building site for construction purposes, residential daily access purposes, and for emergency response purposes. Moreover, the site of the house is gently sloped, and the original plans called for the house to “step down” the hillside to minimize grading for the building pad. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the Project on the flattest portion of the site, which will result in 255 cubic yards of cut and 416 cubic yards of fill on the site. The various components of the Project will be sited in a similar manner and the finished grade will “step down” from the existing contours of the hillside. No existing trees will be removed. Therefore, the Planning Commission recommends that the City Council approve the Project’s grading plan.
The Project’s landscape renovations include new landscaping throughout the property, grass flanking on both sides of the front entrance, and the realignment of a crushed gravel overflow parking area as required by the City’s Fire Department in order to facilitate additional parking and emergency vehicle access. A new walkway and stairs will be built leading the overflow parking area to the upper walkway surrounding the residence. Outdoor amenities include various seating
RESO NO. 24-005
areas, firepits, and patios. All plants will be drought-tolerant and water efficient and conditioned to comply with Resolution no. 6066.
Crestline Zone of Protection
To protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Pursuant to MMC Section XI-10-45.06, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes 100 feet immediately below when viewed from the valley floor. The proposed Project is located over 900 feet west of the crestline and approximately 200 feet lower in elevation; the project is further restricted to a height of seventeen (17) feet and one (1) story (excluding basements) from the lowest finished grade to the highest ridgeline of the building. The Project conforms to these development standards outlined in Table 1.
3. The project is consistent with the Milpitas General Plan.
The proposed Project is consistent with the Milpitas General Plan, particularly with Policy CD 7- 5, which states that new development in the Hillside Area should be limited to only very low density residential, open space, and park uses. The Project site is a legal lot with an approved single-family residence. The proposed Project is designed to fit in with the natural topographic features of the hillside property and reduce the visual impact as viewed from the valley floor as outlined in Table 3.
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 Project will not significantly
impact the visual character of the hillside from the
valley floor or other viewpoints, as the project site
is located over 900 feet west of and
approximately 200 feet lower than the crestline.
CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.
Consistent. The Project will be situated at the
flattest portion of the lot, along the same elevation
as the existing single-family residence and guest
house to minimize the disruption to the existing
natural topography by limiting the volume of
grading to only 255 cubic yards of cut and 416
cubic yards of fill on the site. This is designed to
accommodate the footprint of the pavilion,
bathroom addition, driveway extension, and pool
and meet the required grade at the existing
concrete retaining wall.
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Policy Conformance
CD 7-3 Protect the natural character of
hillside areas by means of contour grading
to blend graded slopes and terraces with
the natural topography.
Consistent. Minimal contour grading will be
required to construct the pavilion, bathroom
addition, and in-ground pool due to its location
on the flattest areas of lot, along the same
elevation as the existing single-family residence
and guest house. 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 Project is proposed at the
flattest portion of the lot and will only require 255
cubic yards of cut and 416 cubic yards of fill on
the site. The house site is gently sloped, and the
original plans called for the house to “step down”
the hillside to minimize grading for the building
pad. The various components of the Project will
be sited in a similar manner and the finished
grade will “step down” from the existing
contours of the hillside. The driveway extension
consists of an existing gravel area on the site and
no additional grading will be needed to
accommodate the new parking area. Grading has
been substantially minimized for the Project
because the work follows the site's natural
contours to preserve the natural terrain quality.
CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the environmental
constraints are adequately addressed
especially with respect to runoff and
erosion.
Consistent. No change in land use is proposed;
the site will remain developed as a single-family
residence, with adequate fire safety measures to
allow fire apparatus access. The proposed
landscaping elements and patios are pervious to
inhibit excess runoff and erosion.
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 pavilion, bathroom addition, and in-ground pool are designed to fit in with the natural topographic features of the property and reduce the visual impact as viewed from the valley floor.
SECTION 5: The Planning Commission of the City of Milpitas hereby approves and recommends the City Council approve Site Development Permit No. SD21-0002 and adopt a resolution to allow the development of a 1,200-square foot single-story pavilion with a 125-square foot bathroom, construct a 76-square foot bathroom addition to the existing guest house, and a new in-ground swimming pool at an existing single-family residence in the R1-H Single-Family
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Residential Hillside Zoning District, based on the above findings and subject to the Conditions of Approval in the proposed Site Development Permit No. SD21-0002 attached hereto as Exhibit 1 incorporated herein.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on January 10, 2024.
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 January 10, 2024, and carried by the following roll call vote:
COMMISSIONER AYES NOES ABSENT ABSTAIN
Mercedes Albana
Dipak Awasthi
Bill Chuan
Larry Ciardella
Alexander Galang
Sonia Medina-Ashby
Parveen Gupta X
X
X
X
X
X
X
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EXHIBIT 1
SITE DEVELOPMENT PERMIT NO. P-SD21-0002
1350 COUNTRY CLUB DRIVE (APN 029-03-020)
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD21-0002 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 a 1,200-square foot single-story pavilion with a 125-square foot bathroom, a 76-square foot bathroom addition to the existing guest house, and a new in ground swimming pool (“Project”) appurtenant to an existing singlefamily residence on a 6.13-acre site located in the R1-H Single-family Residential-Hillside Zoning District at 1350 Country Club Drive (APN 029-03-020), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits.
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
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. SD21-0002 (“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
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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 submittal 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 Permit. (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 Permit. (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)
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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. Development in Conformance with Approve Plans. Permittee shall develop the approved project in conformance with the approved plans dated August 24, 2023, approved by the Planning Commission on January 10, 2024, 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 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. The 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. Conditions of Approval. 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)
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PROJECT SPECIFIC CONDITIONS
Planning Department Conditions
19. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill. Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)
20. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plant materials that require excessive water after becoming established should be avoided. (P)
21. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Planning Director. (P)
22. 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)
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. Hillside Landscaping Water Conservation Policy. Permittee shall submit a revised planting and landscape plan prior to building permit issuance that demonstrates compliance with the Hillside Landscape Water Conservation Policy (Resolution No. 6066). (P)
26. Recreation Court Color. All surface and retaining walls shall be colored in natural tones and screened as appropriate so that the court is not conspicuous when viewed from off-site. (P)
27. Outdoor Lighting. No artificial lighting shall be permitted for tennis and other recreation courts.
28. Outdoor Lighting. Artificial lighting of swimming pools and spas shall be permitted only under the following conditions:
a. Lights are placed beneath the surface of water in the pool or spa to illuminate the water;
b. Other exterior lights used to illuminate the surrounding area; c. Lights use the minimum wattage which will safely illuminate the area; d. No direct light is cast beyond the immediate area of the pool or spa; and e. No light sources are directly visible from off the site.
RESO NO. 24-005
29. Outdoor Lighting. Outdoor lighting should use the minimum wattage lights which will safely illuminate the area. Outdoor light sources shall be shielded so as not to be directly visible from off-site.
Fire Department
The plans approved by the Planning Department process are not building plans and have not been reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). Do not consider this set of plans as final building plans approved by the Fire Department. Building plans must be submitted for review and approval before construction is to commence. The following notes are a general list of the applicable code requirements (2016) and are provided to assist with the building permit process. Please note that these are not all inclusive. All applicable Building, Fire and Municipal Code requirements must be met in advance of any building permit approvals or related construction.
30. Electronic documents. The fire code official may require electronic base documents for all construction documents and operational permits. The fire code official shall designate the software base format for the electronic documents. CFC Section 105.4.2.2, added by MMC Section V-300-2.11, and CFC Section 102.9
Building Department
31. Compliance with California Code of Regulations. The Project shall comply with the requirements of the Building Safety and Housing Department and the California Code of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regulations Title 24 and Milpitas Municipal Code requirements applicable at the time of building permit application must be met in advance of any building permit approvals or related construction. Changes to the site plan and/or building plan require review and approval by the Building Safety and Housing Department (B) Engineering Department
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)
32. Modifications: The Site Development Plan dated August 24, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.
33. 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.
RESO NO. 24-005
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)
34. Easements on the Building Permit Plans: Permittee shall depict all existing easements to remain based upon current preliminary title report and depict new easements on applicable building permit plans.
35. 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.
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)
36. 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.
37. Construction Staging and Employee Parking: Permittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public right-of-ways or public easements.
PRIOR TO FIRST OCCUPANCY
The following conditions shall be met prior to first building occupancy on either lot, unless otherwise approved the Director of Engineering/City Engineer.
38. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance.
(P) = Planning
(B) = Building
(E) = Engineering
(F) = Fire Prevention
(CA) = City Attorney
ACCEPTANCE
Permittee/Property Owner
RESO NO. 24-005
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.
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.
Signature: ___________________________________________________ Printed Name: _______________________________________________ Relationship to Property: _______________________________________
Certificate Of Completion
Envelope Id: 40F2A33764EF4F60A45D6C1FF6B90140 Status: Completed Subject: Complete with DocuSign: Attachment A Resolution 24-005 docusign.pdf Source Envelope:
Document Pages: 16 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: 50.59.22.2
Record Tracking
Status: Original
January 11, 2024 | 10:12
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: January 11, 2024 | 10:16
Resent: January 17, 2024 | 09:53
Viewed: January 17, 2024 | 10:05
Signed: January 17, 2024 | 10:05
Electronic Record and Signature Disclosure:
Accepted: January 17, 2024 | 10:05
ID: 46be8141-b796-46c6-8089-2afd4fe84ed8
Raj Navani
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.95.237.42
Sent: January 17, 2024 | 10:05
Viewed: January 17, 2024 | 22:19
Signed: January 17, 2024 | 22:20
Electronic Record and Signature Disclosure:
Accepted: January 17, 2024 | 22:19
ID: f6dd865f-c609-422d-89bf-3c84862c1bca
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
Lillian VanHua
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: January 17, 2024 | 22:20
Viewed: January 22, 2024 | 09:54
Electronic Record and Signature Disclosure:
Accepted: August 23, 2023 | 13:20
ID: 4d6e252a-8d94-4474-ad63-25531d8ca251
Carbon Copy Events Status Timestamp
Liz Medina
[email protected]
Administrative Assistant
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: January 17, 2024 | 22:20
Resent: January 17, 2024 | 22:20
Viewed: January 19, 2024 | 08:49
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Raj Navani
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: January 17, 2024 | 22:20
Electronic Record and Signature Disclosure:
Accepted: January 17, 2024 | 22:19
ID: f6dd865f-c609-422d-89bf-3c84862c1bca
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted January 11, 2024 | 10:16 Certified Delivered Security Checked January 17, 2024 | 22:19 Signing Complete Security Checked January 17, 2024 | 22:20 Completed Security Checked January 17, 2024 | 22:20
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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U UNDER
U.B.C. UNIFORM BUILDING CODE
U.G. UNDERGROUND
U.L. UNDERWRITER'S LABORATORY
UNF. UNFINISHED
U.N.O. UNLESS NOTED OTHERWISE
UR. URINAL
V. VERTICAL
VENT. VENTILATING
VERT. VERTICAL
VER. VERIFY
V.T.R. VENT THROUGH ROOF
W. WEST, WIDE, WIDTH
W/. WITH
WD. WOOD
W.H. WATER HEATER
W.C. WATER CLOSET
W.I. WROUGHT IRON
WP. WATERPROOF
W.W.M. WELDED WIRE MESH
& AND
< ANGLE
@ AT
C CENTERLINE
∅ DIAMETER OR ROUND
PL PROPERTY LINE, PLATE
A.B. ANCHOR BOLT
ABV. ABOVE
A/C AIR CONDITIONING
A.C. ASPHALT CONCRETE
ACOUS. ACOUSTICAL
A.D. AREA DRAIN
ADH. ADHESIVE
ADJ. ADJUSTABLE
AL. ALUMINUM
ALT. ALTERNATE
ANOD. ANODIZED
A.P. ACCESS PANEL
APPX. APPROXIMATELY
APPV'D APPROVED
ARCH. ARCHITECTURAL
ASB. ASBESTOS
ASSY. ASSEMBLY
AUTO. AUTOMATIC
B. BATH
BD. BOADRD
BEL. BELOW
BET. BETWEEN
BITUM. BITUMINOUS
BLDG. BUILDING
BLK. BLOCK
BLK'G BLOCKING
BM. BEAM
B.O. BY OWNER/BY OTHERS
BOT. BOTTOM
BR. BEDROOM
B.W. BACK OF WALK/
BOT. OF WALL
CAB. CABINET
C.B. CATCH BASIN
CEM. CEMENT
C.G. CORNER GUARD
CHAN. CHANNEL
CHG. CHANGE
C.I. CAST IRON
C.J. CONTROL JOINT/
CONST. JOINT
CLG. CEILING/ CEILING JOIST
CLKG. CAULKING
CLR. CLEAR
CNTR. COUNTER
CONC. CONCRETE
COND. CONDITION
CONST. CONSTRUCTION
CONT. CONTRACTOR/ CONTINOUS
CORR. CORRIDOR, CORROSIVE
CTSK. COUNTERSUNK
CTR. CENTER
DBL. DOUBLE
DECO. DECORATIVE
DEPT. DEPARTMENT
DET. DETAIL
D.F. DRINKING FOUNTAIN/
DOUGLASS FIR
DIA. DIAMETER
DIAG. DIAGONAL
DIM. DIMENSION
DN. DOWN
DR. DOOR
D.S. DOWN SPOUT
D.S.P. DRY STAND PIPE
DWG. DRAWING
(E.) EXISTING/ EAST/
ENTRY/ EACH
E.J. EXPANSION JOINT
EL. ELEVATION
ELEC. ELECTRIC
ELEV. ELEVATOR
EMER. EMERGENCY
ENCL. ENCLOSURE
E.P. ELECTRIC PANEL
E.Q. EQUAL/
EQUIVALENT
EQPT/
EQPM EQUIPMENT
E.W. EACH WAY
EXST. EXISTING
EXH. EXHAUST
EXPO. EXPOSED
EXT. EXTERIOR
E.G. EXISTING GRADE
F. FIXED
F.A. FIRE ALARM
FAC. FACTORY
F.C.O. FLOOR CLEAN OUT
F.D. FLOOR DRAIN
FDN. FOUNDATION
F.E. FIRE EXTINGUISHER
F.E.C. FIRE EXTINGUISHER CABINET
F.G. FINISH GRADE
F.H. FLAT HEAD
FIN. FINISH
FIX/FIXT FIXTURE
F.J. FLOOR JOIST
F.L. FLOW LINE
FLASH. FLASHING
FLR. FLOOR
FLUOR. FLUORESCENT
F.O.C. FACE OF CONCRETE/
FACE OF CURB
F.O.F. FACE OF FINISH
F.O.S. FACE OF STUD/
FACE OF STRUCUTRE
F.O.M. FACE OF MASONRY
FP. FIREPLACE
F.S. FLOOR SINK
FT. FOOT OR FEET
FTG. FOOTING
FURR. FURRING
FUT. FUTURE
F.V. FIELD VERIFY
GA. GAUGE
GALV. GALVANIZED
G.B. GRAB BAR/GRADE BEAM
G.C. GENERAL CONTRACTOR
GEN. GENERAL
G.F.I. GROUND FAULT INTERRUPT
G.I. GALVANIZED IRON
G.L. GLASS
G.L.B. GLU-LAM BEAM
GND. GROUND
GR. GRADE
GYP. GYPSUM
G.P. GRADE PLANE
H. HIGH
H.B. HOSE BIB
H.C. HOLLOW CORE
HD. HARD
HDR. HEADER
HDWD. HARDWOOD
HDWR. HARDWARE
H.M. HOLLOW METAL
HORIZ. HORIZONTAL
HR. HOUR
HT./HGT. HEIGHT
HVAC HEATING VENTILATING/
AIR COND.
I.D. INSIDE DIAMETER/
INTERIOR DESIGNER
IN. INCH
INSUL. INSULATION
INT. INTERIOR
INV. INVERT/
INVERTED
JAN. JANITOR
JT. JOINT
JST. JOIST
KIT. KITCHEN
L. LOW/LINEN
L.A. LANDSCAPED AREA
LAB. LABORATORY
LAM. LAMINATE
LAV. LAVATORY
LBS. POUNDS
LFA. LOAD FROM ABOVE
L.H. LEFT HAND
LKR. LOCKER
LT. LIGHT
LUM. LUMINOUS
MAINT. MAINTENANCE
MAS. MASONRY
MAT. MATERIAL
MAX. MAXIMUM
M.B. METAL BOLT
M.C. MEDICINE CABINET
MECH. MECHANICAL
MEMB. MEMBRANE
MET/MTL. METAL
MFR/MFGR MANUFACTURER
M.H. MAN HOLE
MIN. MINIMUM
MIR. MIRROR
MISC. MISCELLANEOUS
M.O. MASONRY OPENING
MOS. MOSAIC
MTD. MOUNTED
MUL. MULLION
(N.) NEW
N. NORTH
NAT. NATURAL
N.I.C. NOT IN CONTRACT
N.G. NATURAL GRADE
NO. NUMBER
NOM. NOMINAL
N.T.S. NOT TO SCALE
O/. OVER
O.A. OVERALL
OBS. OBSCURE
O.C. ON CENTER
O.D. OUTSIDE DIAMETER/
DIMENSION
O.F.D. OVERFLOW DRAIN
OFF. OFFICE
OPNC. OPENING
OPP. OPPOSITE
PERIM. PERIMETER
PL. PLATE/PROPERTY LINE
P.LAM. PLASTIC LAMINTE
PLAS. PLASTER
PLUMB. PLUMBING
PLYWD PLYWOOD
PNT. PAINT
P.O.C. POINT OF CONNECTION
PR. PAIR
PROJ. PROJECTION
PSL. PARALLEL STRAND
LAMINATE
PT. POINT
R.A. RETURN AIR
RAD. RADIUS
R.D. ROOF DRAIN
R.D.L. ROOF DRAIN LEADER
RECPT. RECEPTACLE
RECT. RECTANGULAR
REF. REFERENCE
REFR/ R/F REFRIGERATOR
REG. REGISTER
REINF. REINFORCEMENT
REQ'D. REQUIRED
RESIL. RESILIENT'
RET. RETAIN(ING), RETURN
RM. ROOM
R.O. ROUGH OPENING
R.R. ROOF RAFTER
RWD. REDWOOD
S. SOUTH
S.A. SUPPLY AIR
S.C. SOLID CORE
S.C.D. SEAT COVER DISPENSER
SCHED. SCHEDULE
S.D. SUB DRAIN/
SOAP DISPENSER
SEC. SECTION
SEL. SELECTED
SH. SHELF
SHT. SHEET
SHT'G. SHEATHING
SIM. SIMILAR
SIMP. SIMPSON
S.J. SOFFIT JOIST
S.S. STAINLESS STEEL
S.SK. SERVICE SINK
STA. STATION
STD. STANDARD
STL. STEEL
STOR. STORAGE
STRUCT. STRUCTURAL
SUSP. SUSPENDED
SYM. SYMMETRICAL
T. TREAD
T.C. TOP OF CURB
T.CL. TIME CLOCK
TEL. TELEPHONE
TEMP. TEMPERED
TER. TERRAZZO
T.D. TOP OF FENCE
T.&G. TONGUE AND GROOVE
THK. THICK
T.P. TOP OF PAVING
T.PL. TOP OF PLATE
T.O.S. TOP OF STRUCTURE/SLAB
TRANS. TRANSFORMER
T.S. TOP OF STEP
T.W. TOP OF WALL
TYP. TYPICAL
OWNER
RAJ AND ANNU NAVANI
PROJECT LOCATION
1350 Country Club Dr, Milpitas, CA 95035
PROJECT DATA
ZONING: R1-H
APN: 029-003-020.
LOT AREA: 267,091 SQ.FT.
OCCUPANCY: R-2.
CONSTRUCTION TYPE: V-B.
EXISTING USED: SINGLE HOUSE.
STORY : 1 STORY.
EXISTING LOT COVERAGE: 10,312 SQ.FT. (3.8 %).
PROPOSED LOT COVERAGE: 11,588 SQ.FT.(4.3 %).
PROPOSED BUILDING HEIGHT: 17'-0"
EXISTING SPRINKLERED: YES.
APPLICABLE CODES
· NEW 1,200 SQ.FT 1 STORY PAVILION
· ADD 76 SQ.FT. BATH AT LEFT EXISTING CASITA
· NEW POOL
A0 TITLE SHEET.
A1-0 EXISTING SITE PLAN.
A1-1 PROPOSED SEPARATE SITE PLAN.
A1-2 PROPOSED SITE PLAN.
A1-3 ENLARGE PROPOSED SITE PLAN.
A2-1 PAVILION PLANS.
A2-2 PAVILION ELEVATIONS.
A2-3 PAVILION SECTION.
A3-1 EXISTING CABANA.
A3-2 PROPOSED BATH.
A4 ELECTRICAL FLOOR PLAN.
A5 ELECTRICAL FLOOR PLAN.
A6 WATER SUPPLY PLAN& SANITARY SEWER PLAN.
A7 WATER SUPPLY PLAN& SANITARY SEWER PLAN.
CG 2019 CALGREEN RESIDENTIAL MANDATORY MEASURES.
CB BLUE PRINT FOR A CLEAN BAY.
S-0 GENERAL NOTES & STRUCTURAL SPECS.
S-1.1 FOUNDATION PLAN & FOUNDATION NOTES-PAVILION
S-1.2 FRAMING PLAN & FRAMING NOTES-PAVILION
S-2.1 FOUNDATION PLAN & FOUNDATION NOTES-BATH ROOM
S-2.2 FRAMING PLAN & FRAMING NOTES-BATH ROOM
S-3 STRUCTURAL DETAILS.
S-4 STRUCTURAL DETAILS
S-5 STRUCTURAL DETAILS.
PROJECT INFORMATION
SHEET INDEX
SCOPE OF WORK
GENERAL NOTES:
1. DISCREPANCIES: DO NOT SCALE FROM DRAWINGS, WRITTEN DIMENSIONS HAVE PRECEDENCE OVER ALL ELSE. ANY DISCREPANCIES SHALL BE REPORTED TO THE PROJECT ENGINEER IMMEDIATELY PRIOR TO COMMENCING ANY WORK .
2. ALL CONSTRUCTION WORKMANSHIP AND MATERIALS SHALL CONFORM:
CALIFORNIA BUILDING CODE 2019 EDITION
CALIFORNIA MECHANICAL CODE 2019 EDITION
CALIFORNIA PLUMBING CODE 2019 EDITION
CALIFORNIA ELECTRIC CODE 2019 EDITION
ALONG WITH ANY OTHER APPLICABLE LOCAL & STATE LAWS AND REGULATIONS.
3. ALL ELECTRICAL, FIRE PROTECTION, MECHANICAL, PLUMBING AND STRUCTURAL
WORK SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH EACH FIELDS APPLICABLE CODES AND STANDARDS.
4. CONSTRUCTION DRAWING NOTES AND DETAILS TAKE PRECEDENCE OVER GENERAL
NOTES AND TYPICAL DETAILS, ALL DIMENSIONS TAKE PRECEDENCE OVER SCALE SHOWN ON PLANS, SECTIONS AND DETAILS.
5. CONTRACTORS SHALL VERIFY LOCATION AND ACCEPTABILITY OF EXISTING UTILITIES PRIOR TO START OF CONSTRUCTION.
6. ROOMS W/ FIXED GLASS SHALL HAVE A MIN.OF 2 AIR CHANGES PER HOUR WITH 1/5 FROM OUTSIDE AIR . BATHROOMS AND LAUNDRY ROOMS SHALL HAVE A MIN. OF 5 AIR CHANGES PER HOUR .
7. INTERIOR WALL COVERINGS SHALL BE MIN. 1/2" THK. GYPSUM BOARD FLAME SPREAD CLASS III UNLESS NOTED OTHERWISE .
8. WORK SHALL BE EXECUTED WITH THE LEAST POSSIBLE DISTURBANCE TO THE PUBLIC AND OCCUPANTS OF ADJACENT AREAS. THE CONTRACTOR SHALL KEEP DIRT, DUST AND NOISE TO A MINIMUM AND PROVIDE DUST SHEETS AS REQUIRED AND DIRECTED.
WORK SHALL BE SCHEDULED BY THE CONTRACTOR AND AGREED TO BY THE OWNER IN WRITING.
9. INSULATE ALL EXTERIOR WALLS WITH R-19 MIN. BATT INSULATION . AND CEILINGS WITH R-30 MIN. INSULATION, UNLESS NOTED OTHERWISE ON THESE PLANS AND DRAWINGS PER TITLE 24.
10. ALL HABITABLE ROOMS, SHALL HAVE COMFORT HEATING AT LEAST 68°F (20°C) AT A POINT 3'-0" ABOVE FLOOR.
11. PRIOR TO INSPECTION OF ROOF SHEATHING, THE APPLICANT'S REPRESENTATIVE
SHALL REQUEST AN INSPECTION OF THE RESIDENCE BY THE PROJECT ENGINEER IN
ORDER TO ENSURE COMPLIANCE WITH ALL OF THE ARCHITECTURAL DETAILING OF THE BUILDING AS SPECIFIED IN THE APPROVED DRAWINGS.
12. VERIFY EXCESS FLOW OR MOTION SENSOR AUTOMATIC SHUT-OFF VALVE IS AT (E) GAS METER IF IS NOT SHALL BE PROVIDED.
13. PROVIDE WATERPROOF GYPSUM BOARD AT TUBS AND SHOWERS WITH SELF-FURRED BLDG. PAPER BACKING BEHIND CERAMIC TILE.
14. WATER HAMMER ARRESTORS SHALL BE INSTALLED AT THE FOLLOWING QUICK-ACTING SHUT OFF VALVES. (CPC 609.10):
1. AUTOMATIC WASHING MACHINE HOT AND COLD WATER).
2. ICEMAKER.
3. DISHWASHER.
15.ATTIC ACCESS : THE ATTIC ACCESS SHALL BE WEATHERSTRIPPED, AND INSULATION
EQUIVALENT TO THAT OF THE CEILING SHALL BE INSTALLED ON THE ACCESS PANEL IN THE ATTIC SIDE OF CEILING .
16. DRYER VENT SHALL NOT EXCEED A COMBINED VERTICAL AND HORIZONTAL LENGTH OF 14' FEET INCLUDING 2 TWO 90 DEGREE ELBOWS .
17. ALL STAIR RISERS SHALL BE OF UNIFORM SIZE AND SHAPE EXCEPT THAT THE
LARGEST TREAD RISER IN ANY FLIGHT OF STAIRS CANNOT EXCEED THE SMALLEST BY MORE THAN 3/8" (CBC. 1003.3.3)
18. PROVIDE " TYPE "X" GYP. BD. THROUGHOUT THE ENCLOSED USABLE AREA.
19. PROVIDE FIREBLOCKING OF THE STUD WALL ADJACENT TO THE STAIR STRINGER. (CBC. 1003.3.3.9 & 708)
20. INSULATE ALL INTERIOR WALLS WITH R-11 MIN. BATT INSULATION UNLESS OTHERWISE NOTED ON THESE PLANS AND DRAWINGS.
21. SMOKE DETECTORS ARE REQUIRED TO BE INTER- CONNECTED AND BE EQUIPPED WITH A BATTERY BACKUP. DETECTORS MUST EMIT A SIGNAL WHEN BATTERIES ARE LOW .
22. TEST FOR RADON, IF THE LEVELS ARE STILL EQUAL OR EXCEED 4 PCI/L, THE PASSIVE
SYSTEM SHOULD BE ACTIVATED BRING IT TO THE ATTENTION OF THE PROJECT ENGINEER IMMEDIATELY, FOR REMEDIATION.
23. ROOF COVERAGE FIRE-RESISTANCE CLASS SHALL BE CLASS B.
NOTICE TO BUILDER:
IT IS THE INTENT OF THIS DESIGNER THAT THESE PLANS ARE
ACCURATE AND ARE CLEAR ENOUGH FOR THE LICENSED
PROFESSIONAL BUILDER TO CONSTRUCT THIS PROJECT. IN THE
EVENT THAT SOMETHING IS UNCLEAR OR NEEDS CLARIFICATION, STOP AND CALL THE DESIGNER LISTED ON THE TITLE SHEET. IT IS
THE RESPONSIBILITY OF THE LICENSED PROFESSIONAL TO FULLY
REVIEW THESE DOCUMENTS BEFORE CONSTRUCTION BEGINS SO
THAT THIS PROJECT IS CONSTRUCTED PROPERLY AND IF
NEEDED TO MAKE CORRECTIONS BEFORE ANY WORK BEGINS.
SITE PLAN NOTES:
1. THE GENERAL CONTRACTOR (GC) SHALL READ, EXAMINE AND
BE THOROUGHLY FAMILIAR WITH THESE DRAWINGS AND WITH
THE EXISTING SITE CONDITIONS PRIOR TO START WORK. IN THE
EVENT THERE ARE DISCREPANCIES OR OMISSIONS WITHIN THE
DRAWINGS AND/OR SPECIFICATIONS. THE GC. SHALL NOTIFY THE DESIGNER IMMEDIATELY.
2. THE GC. AND ALL SUBCONTRACTORS SHALL COMPLY WITH ALL APPLICABLE LAWS AND CODE REGULATIONS.
3. THE GC. SHALL VERIFY ALL GRADE ELEVATIONS PRIOR TO
CONSTRUCTION.
4. THE GC. AND ALL SUBS SHALL BE RESPONSIBLE FOR THE
PROTECTION OF NEW AND EXISTING CONSTRUCTION FROM
DAMAGE. ALL DAMAGED MATERIAL SHALL BE RESTORED/
REPAIRED TO ITS ORIGINAL CONDITION
5. THE GC. SHALL BE RESPONSIBLE FOR ALL ITEMS OF
EQUIPMENT, FIXTURES AND MATERIALS NOT SPECIFIED HEREIN
BUT NECESSARY FOR THE COMPLETION OF THE WORK AS
INDICATED ON THESE DRAWINGS. THE GC SHALL SUBMIT CUT
SHEET/SHOP DRAWINGS WHICH MEET THE QUALITY AND
FUNCTION DESIRED.
6. THE ARCHITECT RESERVES THE RIGHT TO REJECT ALL
MATERIALS AND WORK QUALITY WHICH ARE NOT IN
CONFORMANCE WITH THE SPECIFIED STANDARDS OF THE
VARIOUS TRADES INVOLVED. SUCH INFERIOR MATERIALS OR
WORK OR QUALITY SHALL BE REPAIRED OR REPLACED AS
DIRECTED BY THE OWNER OR DESIGNER.
7. THESE PLANS AND RELATED DOCUMENTS MUST BE AVAILABLE
AT THE JOB SITE AND AVAILABLE DURING INSPECTION ACTIVITY.
8. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR
CORRECTLY LOCATING ALL PROPERTY LINES AND GRADES
REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT.
9. THE BUILDING SITE SHALL BE CLEARED AND GRUBBED OF ALL STUMPS ROOTS OR OTHER FOREIGN MATTER TO A DEPTH OF 12
INCHES.
10. ALL FOOTINGS TRENCHES SHALL BE CLEANED AN GRUBBED
OF ALL ROOTS.
11. ALL FILL SHALL BE COMPACTED TO A MINIMUM OF 90 PERCENT RELATIVE COMPACTION OR MAXIMUM FIELD DENSITY. FIELD
DENSITY SHALL BE DETERMINED IN ACCORDANCE WITH THE 2012
INTERNATIONAL RESIDENTIAL CODE AND BY THE LOCAL BUILDING DEPARTMENT. ALL FILL MATERIAL USED TO SUPPORT THE
FOUNDATION SHALL BE PLACED IN ACCORDANCE WITH ACCEPTED
ENGINEERING PRACTICE AND SHALL HAVE NO MORE THAN MINOR
AMOUNT OF ORGANIC SUBSTANCES AND HAVE NO ROCK OR
SIMILAR IRREDUCIBLE MATERIAL WITH A MIN. DIMENSION
GREATER THAN 8"
ALL FILL MATERIAL SHALL BE PLACED IN LAYERS NOT TO EXCEED 6" WATER SHALL BE ADDED TO THE OPTIMUM LEVEL FOR THE
REQUIRED COMPACTION AND DENSITY PER LAYER FILL AND
COMPACTION SHALL MEET THE APPROVAL OF THE LOCAL
BUILDING DEPARTMENT.
12. ALL FINISH GRADES AROUND THE BUILDING SHALL BE
SLOPPED TO DRAIN WATER AWAY FROM THE BUILDING.
13. PROVIDE A MINIMUM SLOPE OF 5% AWAY FROM THE BUILDING FOR THE ENTIRE SITE.
14. NO DRAINAGE ONTO ADJACENT PROPERTIES SHALL BE
PERMITTED PROVIDE A MINIMUM OF 0.5% SLOPE FOR THE ENTIRE SITE.
15. PROPERTY SHALL NOT RETAIN DRAINAGE WATER UNLESS
PROVISIONS FOR SUCH ARE INDICATED ON THE DRAWINGS.
16. PROVIDE A CHEMICAL TOILET ON SITE PRIOR TO CALLING FOR THE FIRST INSPECTION.
17. INSTALL STREET ADDRESS NUMERALS, AT LEAST 4" HIGH WITH MINIMUM 1
2" STROKE, MOUNTED ON A CONTRASTING BLACK
GROUND CLEARLY VISIBLE FROM THE STREET.
18. FINISH FLOOR TO BE ABOVE CROWN OF EXISTING STREET.
PROVIDE A 2 PER CENT SLOPE AWAY FROM PROPOSED BUILDING
FOR A MINIMUM OF 5 FEET.
DIMENSION NOTES:
DO NOT SCALE THESE DRAWINGS, ALL WORK SHALL BE GOVERNED BY THE DIMENSIONS SHOWN ON THE DRAWINGS.
ALL DIMENSION ARE TO THE FACE OF THE STUD, UNLESS OTHERWISE NOTED.
THE GENERAL CONTRACTOR AND/OR SUBCONTRACTORS SHALL VERIFY ALL
DIMENSIONS, SPECIFICATIONS AND MANUFACTURERS INSTALLATION PROCEDURES PRIOR TO START OF ANY WORK.
DIMENSIONS REGARDING FRAMING ARE FROM FACE OF STUD TO FACE OF STUD.
DIMENSIONS NOTED 'CLEAR' ARE FROM FACE OF FINISH TO FACE OF FINISH AND MUST BE PRECISELY MAINTAINED. DIMENSIONS REGARDING FURNITURE, FIXTURES AND/OR EQUIPMENT ARE 'CLEAR' DIMENSIONS.
DIMENSIONS NOTED 'V.I.F.' SHALL BE VERIFIED IN THE FIELD BY THE GENERAL CONTRACTOR PRIOR TO THE START OF WORK BEING PERFORMED.
DIMENSIONS NOTED 'A.F.F.' ARE ABOVE FINISHED FLOOR. IN CARPETED AREAS, THE TOP OF THE CARPET IS CONSIDERED THE FINISH FLOOR.
DIMENSIONS IN THE PLAN PERTAINING TO DOORS AND WINDOWS ARE TO THE CENTER OF THE UNIT. ACCOMMODATIONS SHALL BE MADE FOR SHIMMING
NECESSARY TO ENSURE THE UNIT IS SQUARE, LEVEL AND OPERATES PROPERLY.
THESE PLANS ARE COPYRIGHTED AND ARE SUBJECT TO COPYRIGHT PROTECTION AS AN 'ARCHITECTURAL WORK' UNDER SECTION 102 OF THE COPYRIGHT ACT.17 U.S.C. AS AMENDED DECEMBER 1, 1990 AND KNOWN AS THE ARCHITECTURAL WORKS PROTECTION ACT OF 1990.
THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY
OF ASSOCIATE DESIGN PROFESSIONALS, ALL DESIGN AND OTHER
INFORMATION ON THESE DRAWINGS ARE FOR THE USE ON THIS SPECIFIC
PROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT WRITTEN PERMISSION OF ASSOCIATE DESIGN PROFESSIONALS.
WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB AND
ASSOCIATE DESIGN PROFESSIONALS SHALL BE NOTIFIED OF ANY VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN ON THESE DRAWINGS.
ABBREVIATIONS / DEFINITIONS:
00 A00
00 D00
W00
0 SECTION KEY
EXTERIOR ELEVATION KEY
INTERIOR ELEVATION KEY
DETAIL KEY
NOTE KEY
DOOR KEY
WINDOW KEY
REVISION
REFERENCE KEY
00 A00
0 2019 CALIFORNIA BUILDING CODE
2019 CALIFORNIA RESIDENTIAL CODE
2019 CALIFORNIA ADMINISTRATIVE CODE
2019 CALIFORNIA GREEN BUILDING STANDARDS CODE
2019 CALIFORNIA MECHANICAL CODE
2019 CALIFORNIA PLUMBING CODE
2019 CALIFORNIA ELECTRICAL CODE
2019 CALIFORNIA FIRE CODE
2019 INTERNATIONAL PROPERTY MAINTENANCE CODE
TITLE 24,PART 6, CALIFORNIA ENERGY CODE
TITLE 24 HANDICAPPED ACCESSIBILITY REGULATIONS
THE 2020 MILPITAS MUNICIPAL CODE
LEGEND
1350 COUNTRY CLUB DR, MILPITAS, CA 95035
NEW PAVILION & BATH
VICINITY MAP
1350 COUNTRY CLUB DR,
MILPITAS, CA 95035
PROJECT LOCATION
SQUARE FOOTAGE EXISTING PROPOSED
MAIN HOUSE
PROPOSED PAVILION 1,200 SQFT
76 SQFT
9,946 SQFT
PROPOSED BATH
CASITA 366 SQFT
DEFERRED SUBMITTAL
· AUTOMATIC FIRE SPRINKLERS FOR ALL
STRUCTURES, INCLUDING NEW THE PAVILION,
AND ADDITIONAL BATH
· POOL
* NOTE: DEFERRED SUBMITTAL SHALL BE
APPROVED PRIOR TO INSTALLATION OR
CONSTRUCTION OF ANY WORK IN THE DEFERRED
SUBMITTAL ITEMS.
PARKING SUMMARY TABLE
Residential Uses: REQ.
4 or more bedrooms
(5-bedroom)
3 per unit,
plus 1 per
each
additional
bedroom
(4-space for
5-bed)
Single Family PROV.
16-space
(6-space in
garage,
10-space
outdoor)
CHECK
DRAWN
JOB NO.
SHEET
REVISIONS
1ST BUILDING
SUBMITTAL
HIEN T. KIM NGUYEN
Professional Eng. Corp. 15 Duberstein Drive
San Ramon, CA 94583 408-893-690
[email protected]
RAJ AND ANNU NAVANI
NEW PAVILION, GAME ROOM &
BATH
1350 Country Club Drive
Milpitas, CA, 95035
1 PLAN CHECK 2/15/2022
2 PLAN CHECK 08/24/2023
TITLE SHEET
A0
2 2
2
0 (IN FEET)
50 100 200
SS
229.25'RIM
CO
230.03''RIM
SS 214.60'RIM
208.45'RIM
SS
SS 204.92'RIM
SS 179.49'RIM
W
W
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W
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W
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W W
W W
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W W
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W
W
EB EB
WM
CO
5"T
EC
EVCP
MB
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W PIPE
W
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12"WILLOW
CO
KEY PAD S79°29'09"W 291.90'
N32°46'06"W 435.90'
N40°40'49"E 133.32'
S73°16'46"W
40.00'
N15°52'12"W 140.12'
N42°46'00"E 300.00'
N25°45'05"W 365.73'
N12°02'24"E 170.25'
S57°45'30"E 262.82'
S49°14'00"E 291.23'
PIPE
E
EE
E
E
E
E E
E
E
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E E
E
E
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E E
E
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E
E
E
E
GM
EM
PIPE
PIPE
PORCH
L=42.59' R=976.00'
L=102.63' R=976.00'
N19°13'06"W 220.13'
L=74.60' R=266.00'
R=20.00'
L=198.63' R=190.00'
CONC
CONC
CONC
CONC
CONC
CONC
GRAVEL AREA
GRAVEL AREA
GRAVEL AREA
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
CONCRETE V-DITCH
CONC WALL
CONC WALL
205.51'
FF
225.06'
APEX
225.22'
APEX
225.34'
APEX
PIPE
PIPE
PIPE
PIPE
PIPE
PIPE
E
E E
E
E E
E E E
E E
EE
E E
E E E
E E
E
E
E
E
E
E
DG
SS
165.79'RIM
PORCH
N21°07'53"W 99.85'
CALAVERAS RIDGE DRIVE
(48.00' ROW)
COUNTRY CLUB DRIVE (80.00' ROW)
GEOLOGICAL HAZARD ZONE PER TRACT 7935
DG
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10' P.M.S.D.E.
10' P.M.S.U.E.
10' PS.U.E.
GROSS LOT AREA=6.13+- ACRES
NET LOT AREA=5.35+- ACRES
1220
1350
1027
971
191.67'
APEX
S57°45'30"E 262.84'
L=275.35' R=250.00' =63°06'04"
60.00'
60.00'
ABANBDONED 10' SEWER
EASEMENT (BK 1935 PG 493)
ABANDONED 10' SEWER
EASEMENT (BK 1935 PG 493)
29.00' N32°17'08"E
(BASIS OF BEARING)
EX. SLOPE EASEMENT
(BK 1935, PG 496)
(BK 1935, PG 496)
EX. SLOPE EASEMENT (BK 1935, PG 496) FOUND CITY MON
FOUND CITY MON
FOUND CITY MON
FOUND CITY MON
FOUND CITY MON
N32°17'08"E 29.00'
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N32°46'06"W
41.73'
(99.50')(1)
N40°40'49"E 64.62' N14°45'00"E 46.49'
ENTRANCE
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SD
1-STORY HOUSE
EXISTING
6.13 AC.
EXISTING 1-STORY CASITA
FOOTPRINT=366 SQ.FT.
(E)CASITA IS PERMITTED WITH PERMIT NUMBER B-BP2002-572.) GRASS
GRASS
GRASS
NATURAL GROUND
(PERVIOUS AREAS )
NATURAL GROUND
(PERVIOUS AREAS )
NATURAL GROUND
(PERVIOUS AREAS )
NATURAL GROUND
(PERVIOUS AREAS )
NATURAL GROUND (PERVIOUS AREAS )
NATURAL GROUND (PERVIOUS AREAS )
FOOTPRINT = 9,946 S.F.
· NEW 1,200 SQ.FT 1 STORY PAVILION
· ADD 76 SQ.FT. BATH AT LEFT EXISTING CASITA
· NEW POOL
SCOPE OF WORK
CHECK
DRAWN
JOB NO.
SHEET
REVISIONS
1ST BUILDING
SUBMITTAL
HIEN T. KIM NGUYEN
Professional Eng. Corp. 15 Duberstein Drive
San Ramon, CA 94583 408-893-690
[email protected]
RAJ AND ANNU NAVANI
NEW PAVILION, GAME ROOM &
BATH
1350 Country Club Drive
Milpitas, CA, 95035
1 PLAN CHECK 2/15/2022
2 PLAN CHECK 08/24/2023
EXISTING SITE PLAN
A1-0
2