Agenda packet — Milpitas City Council, February 20, 2024 (part 3 of 4)

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Resolution No. 22-015

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

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

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

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

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

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

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

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

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

Milpitas Municipal Code XI-10-45.11

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

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

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

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

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

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

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

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

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Resolution No. 22-015
Building Department

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

49. Private utilities shall run within their recorded easements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Resolution No. 22-015

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

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

Dated: _________________ ______________________________________ Signature of Permittee

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

Document Pages: 17 Signatures: 2 Envelope Originator:

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

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

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

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

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

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

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

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LOCATION MAP SHEET INDEX PROJECT TEAM

COVER SHEET
A0.0

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

ASSESSOR'S PARCEL MAP

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

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

BASEMENT LEVEL
C-2.1 GRADING AND DRAINAGE -

MAIN LEVEL
C-2.2 GRADING AND DRAINAGE -

SECTION AA
C-2.3 GRADING AND DRAINAGE -

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

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

APPLICABLE CODES

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

SCOPE OF WORK DEFERRED SUBMITTALS

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

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

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

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

SUCH AS WATER SOFTENERS, FILTRATION SYSTEMS AND AUTOMATIC SHUTOFF

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

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

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

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

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

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

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

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

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

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

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

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

1. WINDOW/DOOR PACKAGE

2. CABINET SHOP DRAWINGS AND FINISH SAMPLES

3. MECHANICAL DUCTING PLAN

4. STAIR AND RAIL SHOP DRAWINGS

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

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

1. LICENSE NUMBER

2. INSURANCE AND WORKER'S COMP POLICIES

3. CONSTRUCTION STAGING PLAN

4. CONSTRUCTION WASTE MANAGEMENT PLAN IN ACCORDANCE WITH CALGREEN 4.408.2

REQ'D CONTRACTOR

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

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

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

Page 254 of 382 ends

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

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

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

OPEN TO BELOW
NL 6

STAIRS AND ELEVATOR DON'T
COUNT TOWARDS FAR ST1
E1

STAIRS AND ELEVATOR

DON'T COUNT

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

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

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

TOTAL IMPERVIOUS AREA: 7339 S.F.

PATIOS: 579 S.F.

DRIVEWAY - PERMEABLE
PAVERS

PARKING STRIPS - PERMEABLE

CONCRETE

WOOD DECKING - ALLOWS

DRAINAGE OF WATER BETWEEN

PLANKS,

PERMEABLE

TILE OVER DYNAMEX PEDESTAL

SYSTEM - PAVER SYSTEM THAT

ALLOWS DRAINAGE TO BELOW -

PERMEABLE

AREA THAT IS OVERHANGING

GRASS AND PERMEABLE

SURFACE -- PEDESTAL SYSTEM

ALLOWS DRAINAGE

WOOD DECKING - ALLOWS

DRAINAGE OF WATER BETWEEN

PLANKS,

PERMEABLE
HVAC EQUIPMENT CONCRETE PADS: 43 S.F.

Page 255 of 382 ends

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

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

RESIDENCE

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

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

VIEWPOINTS

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

LINE OF SIGHT
VP4

PROPOSED LOCATION
VP3
VP2

LINE OF SIGHT

Page 256 of 382 ends

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

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

RESIDENCE

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

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

LINE OF SIGHT

LINE OF SIGHT
VP3
VP2

LINE OF SIGHT

PROPOSED STRUCTURE

OBSTRUCTED

PROPOSED STRUCTURE

LINE OF SIGHT

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

Page 257 of 382 ends

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

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

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

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

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

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

OF PROTECTION
VP2 -- SITE NOT VISIBLE

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

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

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

CRESTLINE VIEWPOINTS

MINOR PROTRUSION WELL

BEYOND CRESTLINE RIDGE AND

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

LINE OF SIGHT
VP4
VP3
VP2

LINE OF SIGHT

PROPOSED LOCATION

STORY POLES INSTALLED AT

SETBACK LINES AND ALONG

CRESTLINE ZONE OF PROTECTION

TO DETERMINE MAX EXTENTS OF
CONSTRUCTION. PROPOSED

DEVELOPMENT IS SETBACK

CONSIDERABLY FROM WHERE THE
STORY POLES WERE INSTALLED.

ONLY PORTION OF STORY POLES

VISIBLE REPRESENTED BY RED

DASHED LINE--HOUSE SETBACK

CONSIDERABLY FROM THIS LINE IN

ORDER TO NOT BE VISIBLE

Page 258 of 382 ends

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

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

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

PROPOSED LEFT SIDE SETBACK
40'-0"

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

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

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

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

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

ON THE BUILDING PERMIT FOR INFORMATION ONLY

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

COMPANY IF REQUIRED BY INCREASED FIXTURE LOAD

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

4. UFER GROUND CONNECTION PER CEC 250-52

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

FEET OF DRIVEWAY

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

COMPLY WITH JURISDICTION'S NOISE ORDINANCE

7. NOT USED

8. (N) DRIVEWAY, PERMEABLE PAVING

9. (N) WALKWAY , PERMEABLE CONCRETE

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

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

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

13. (N) PORCH COLUMNS

14. (N) UNCOVERED PARKING SPACE

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

16. (N) PLANTER

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

18. NOT USED

19. (N) FIRE PIT. XL1200 ETHANOL BURNER

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

21. (N) TRASH COLLECTION AREA

22. NOT USED

23. PARKING STRIPS -- PERMEABLE CONCRETE

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

25. (N) WOOD DECK.

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

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

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

NOT YET PLANTED ON SITE

29. (E) FIRE HYDRANT

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

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

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

33. (N) 42" HIGH METAL PEDESTRIAN GATE

34. (N) 42" HIGH FENCE MASONRY COLUMN

35. (N) BUILT-IN MAILBOX
#

SITE PLAN LEGEND -
NOTES:

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

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

SITE PLAN KEYNOTES -

REQUIRED YARD SETBACK/EASEMENT

NEW GARAGE AREA

NEW HARDSCAPE -- PERMEABLE CONCRETE

SPOT ELEVATION, SEE CIVIL DRAWINGS

XX FOR MORE INFO
+/-XX.XX'

PROPERTY LINE--SEE TOPO SURVEY FOR MORE INFO

TREE PROTECTION FENCING

NEW BUILDING AREA

NEW BUILDING AREA -- ADU

NEW HARDSCAPE
feet
2 4 8 16 24

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

FINISH GRADE : +/-430.23'

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

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

FINISH GRADE
(E) WATER METERS

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

SEWER MAIN
(N) SANITARY

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

SANITARY SEWER

LATERAL
(E) WATER MAIN
28 12

Page 259 of 382 ends

±80'-0"

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

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

PROPOSED LEFT SIDE SETBACK
40'-0"

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

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

ON THE BUILDING PERMIT FOR INFORMATION ONLY

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

COMPANY IF REQUIRED BY INCREASED FIXTURE LOAD

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

4. UFER GROUND CONNECTION PER CEC 250-52

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

FEET OF DRIVEWAY

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

COMPLY WITH JURISDICTION'S NOISE ORDINANCE

7. NOT USED

8. (N) DRIVEWAY, PERMEABLE PAVING

9. (N) WALKWAY , PERMEABLE CONCRETE

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

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

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

13. (N) PORCH COLUMNS

14. (N) UNCOVERED PARKING SPACE

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

16. (N) PLANTER

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

18. NOT USED

19. (N) FIRE PIT. XL1200 ETHANOL BURNER

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

21. (N) TRASH COLLECTION AREA

22. NOT USED

23. PARKING STRIPS -- PERMEABLE CONCRETE

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

25. (N) WOOD DECK.

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

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

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

NOT YET PLANTED ON SITE

29. (E) FIRE HYDRANT

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

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

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

33. (N) 42" HIGH METAL PEDESTRIAN GATE

34. (N) 42" HIGH FENCE MASONRY COLUMN

35. (N) BUILT-IN MAILBOX
#

SITE PLAN LEGEND -
NOTES:

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

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

SITE PLAN KEYNOTES -

REQUIRED YARD SETBACK/EASEMENT

NEW GARAGE AREA

NEW HARDSCAPE -- PERMEABLE CONCRETE

SPOT ELEVATION, SEE CIVIL DRAWINGS

XX FOR MORE INFO
+/-XX.XX'

PROPERTY LINE--SEE TOPO SURVEY FOR MORE INFO

TREE PROTECTION FENCING

NEW BUILDING AREA

NEW BUILDING AREA -- ADU

NEW HARDSCAPE
feet
2 4 8 16 24

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

TYP.
30

Page 260 of 382 ends

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

SPOT ELEVATION, SEE CIVIL DRAWINGS

XX FOR MORE INFO
+/-XX.XX'

PROPERTY LINE--SEE TOPO SURVEY FOR MORE INFO

NEW BUILDING AREA

NEW BUILDING AREA -- ADU

NEW HARDSCAPE

ROUTE OF FIRE HOSE
= NUMBER TO KEY NOTE BELOW

1. (E) FIRE HYDRANT

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

FIRE DEPARTMENT
ACCESS

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

Page 261 of 382 ends

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

A C D F G

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

SUBPANEL
200A

SUBPANEL
central vacuum
GM EM

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

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

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

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

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

Page 262 of 382 ends

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

A C D F G

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

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

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

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

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

Page 263 of 382 ends

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

ATTIC VENTILATION CALCULATIONS AND NOTES -

ROOF PLAN LEGEND

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

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

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

2. PAINT ALL ROOF PENETRATIONS TO MATCH ROOFING COLOR.

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

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

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

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

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

6. SEE ROOF PLAN FOR SLOPE.

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

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

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

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

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

LOCATION SPECIFIED BY CIVIL PLANS

ROOF GENERAL NOTES -
NOTE:

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

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

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

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

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

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

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

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

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

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

AND MUST TAKE INTO CONSIDERATION THE STRUCTURAL CAPABILITY

AND ADEQUACY OF THE STRUCTURE TO CARRY THE DEAD AND LIVE

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

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

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

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

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

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

SOLAR ZONE A

SOLAR ZONE C SOLAR ZONE B

Page 264 of 382 ends

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

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

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

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

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

EXTERIOR

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

ELEVATION GRID LINE KEY - -
NOTES:

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

KEYNOTES - -
feet
12 4 36
feet
12 4 36

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

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

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

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

Page 265 of 382 ends

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

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

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

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

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

EXTERIOR

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

ELEVATION GRID LINE KEY - -
NOTES:

KEYNOTES - -
feet
12 4 36
feet
12 4 36

MAX BUILDING HEIGHT MAX BUILDING HEIGHT
+/-430.13'

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

Page 266 of 382 ends

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

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

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

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

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

EXTERIOR

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

Page 267 of 382 ends

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

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

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

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

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

EXTERIOR

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

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

PERSPECTIVE

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

Page 268 of 382 ends

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

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

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

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

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

SECTIONS
A5.0

ELEVATION GRID LINE KEY --
NOTES:

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

SEE EXTERIOR ELEVATIONS FOR ELEVATION GRID LINE KEY

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

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

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

Page 269 of 382 ends

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

REVISION DATE DESCRIPTION
PLANNING DEPARTMENT SUBMITTAL 2022.11.30

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

Tran-Nguyen Residence

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

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

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

SECTIONS
A5.1

ELEVATION GRID LINE KEY - -
NOTES:

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

SEE EXTERIOR ELEVATIONS FOR ELEVATION GRID LINE KEY

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

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

FAMILY LIVING DINING KITCHEN PANTRY
CRAWLSPACE MIN. 18"

Page 270 of 382 ends

Page 271 of 382 ends

Page 272 of 382 ends

Page 273 of 382 ends

NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

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

CUBIC YARDS WITHIN BUILDING

FOOTPRINT

OUTSIDE

BUILDING

FOOTPRINT

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

Page 274 of 382 ends

” ”
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

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

Page 275 of 382 ends

” ”
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

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

Page 276 of 382 ends

Page 277 of 382 ends

DATUM ELEV
410.00

Page 278 of 382 ends

DATUM ELEV
410.00

Page 279 of 382 ends

DATUM ELEV
420.00

Page 280 of 382 ends

”
”
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

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

Page 281 of 382 ends

Page 282 of 382 ends

Page 283 of 382 ends

Page 284 of 382 ends

Page 285 of 382 ends

Page 286 of 382 ends

Page 287 of 382 ends

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

REVISION
21036

DESCRIPTION DATE

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

TRAN-NGUYEN RESIDENCE

NEW SINGLE FAMILY RESIDENCE

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

E S N LIC
RE
IN
AG

TEI H RC
1321 TERRA VISTA CT.

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

Page 288 of 382 ends

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

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

REVISION
21036

DESCRIPTION DATE

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

TRAN-NGUYEN RESIDENCE

NEW SINGLE FAMILY RESIDENCE

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

E S N LIC
RE
IN
AG

TEI H RC
1321 TERRA VISTA CT.

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

Page 289 of 382 ends

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

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

REVISION
21-036

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

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

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

Page 290 of 382 ends

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

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

REVISION
21-036

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

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

Page 291 of 382 ends

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

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

REVISION
21-036

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

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

Page 292 of 382 ends

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

REVISION
21-036

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

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

Page 293 of 382 ends

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

REVISION
21-036

NEW SINGLE FAMILY HOUSE

DRAWN BY
C STUDIO S SQUARED ARCHITECTURE, INC.

TRUE
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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: 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)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 2/20/2024
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.

Background:

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

Consistent with applicable State law and Council Resolution, on November 21, 2023, the Public Works Director declared an emergency and authorized the City to contract with local contractor, Able Construction Inc., for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek. Further, within the required timeframe the Public Works Director informed the City Council via the attached Information Memorandum on November 21, 2023 regarding the emergency authorization, the reasons for the authorization, and the cost for repair in the amount of $137,519.

Project Update(s):

Below is a current update on the status of the storm drain emergency repairs and improvements at Evans Road and Piedmont Creek.

The City entered into two agreements with Able Construction Group, Inc. (Contractor) on December 14, 2023 and December 18, 2023 for storm drain repairs and improvements at Evans Road and Piedmont Creek, respectively. Subsequently, the City issued a Notice to Proceed to the Contactor to commence work beginning December 18, 2023.

Prior to any field activities taking place and consistent with Public Works standard procedures, the Contractor is required to provide the City with a project schedule, submittals of approved materials and products to be used for the project as well as a traffic and pedestrian control plan, should any City right-of-way be impacted by the construction activities. The City and Contractor simultaneously conducted a project kick-off meeting.

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The City conducted a kick-off meeting with the Contractor on January 17, 2024. This project has no anticipated impact(s) to the right-of-way therefore a traffic or pedestrian control is not required at this time. The Contractor provided the City with submittals of products and materials to be used for both phases of the project, which the City has reviewed and approved. The contractor also provided the City with a preliminary schedule of construction activities for the Piedmont phase of the project, which commenced the week of February 12. 2024.

Staff anticipates construction activities will complete by March 2024.

Fiscal Impact:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 3715 - Storm Drain System Rehabilitation Project will fund $137,519 for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek. Funding source comes from the Storm Drain General Fund and Storm Drain Fund. As of February 8, 2024, the balance in CIP 3715 is $ 999,753.64.

California Environmental Quality Act:

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

Recommendations:

1. Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek.

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

Attachment:

None

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 239.8 to Amend Chapter 16 of Title XI of the Milpitas Municipal Code Relating to Storm Drainage Service Impact Fees (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 2/20/2024
Recommendation: (1) Waive the second reading of Ordinance No. 239.8. (2) Adopt Ordinance No. 239.8 to amend 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.

BACKGROUND:

On February 6, 2024, the City Council introduced Ordinance No. 239.8 to amend Chapter 16 of Title XI of the Milpitas Municipal Code to establish storm drainage impact fees. The current Section XI-16-16 of the Milpitas Municipal Code spells out the amounts that can be charged for this fee. Amending this provision of the code makes it so that the amount of the fee is set by resolution of the City Council so the City does not need to pass an ordinance every time a fee change is adopted. The ordinance will bring section XI-16-16 of the Milpitas Municipal Code into conformity with the way all development impact fees are adopted. No changes were made to the ordinance introduced on February 6, 2024. Ordinance No. 239.8 is ready for adoption
ANALYSIS:

Ordinance No. 239.8 would allow the City to establish storm drainage impact fees necessary to recover costs related to growth to be used specifically for storm drainage infrastructure. The newly adopted Storm Drain Nexus Study identified $2.94 million of storm drain improvements projects that are a result of impacts from new developments that need to be mitigated through a Strom Drainage Impact Fee. The newly adopted Storm Drainage Impact Fee was prepared in compliance with the Mitigation Fee Act and aligns with the Capital Improvement Projects identified in the 2021 Storm Drain Master Plan, and was adopted by the Council on February 6, 2024. The recommended fees will ensure the municipal code is consistent with the newly adopted storm drainage impact fees for the purpose of mitigating the impacts new development projects may have on existing infrastructure.

POLICY ALTERNATIVE(S):

Alternative: Do not adopt ordinance 239.8.

Pros: There are no identified benefits to this alternative.

Cons: Maintaining the current ordinance would result in the collection of fees that do not align with the guidelines outlined in the Mitigation Fee Act or newly adopted Storm Drainage Impact Fee resolution. Some developers may not pay their proportional share of necessary public improvements to mitigate impacts from their development on the system.

FISCAL IMPACT:

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The Storm Drain Nexus Study identified $2.94 million of storm drain improvements projects that are a result of impacts from new developments and therefore need to be mitigated through a Storm Drain Impact Fee. Upon completion of the projects, no additional Storm Drain Impact Fees will be collected.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The ordinance does not constitute a "Project" pursuant to CEQA Guidelines section 15378 (b), which excludes items involving the general creation of governmental funding mechanisms or fiscal activities. The proposed fee update and fee structure modification enables the collection and allocation of fees for the continued improvement and rehabilitation City storm drain facilities. The capital projects described in the Nexus Study will maintain the level of service currently provided by the City's existing storm drain infrastructure by ensuring that new development will not negatively impact existing service levels.

RECOMMENDATION:
(1) Waive the second reading of Ordinance No. 239.8.
(2) Adopt Ordinance No. 239.8 to amend 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.

ATTACHMENT(S):

Ordinance No. 239.8 (2nd Reading)

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1 Ordinance No. 239.8

REGULAR
NUMBER: 239.8
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE MILPITAS MUNICIPAL CODE TITLE XI (“ZONING, PLANNING AND ANNEXATION”), CHAPTER 16 (“STORMWATER AND
URBAN RUNOFF POLLUTION CONTROL”), SECTION 16 (“CONNECTION FEES”) RELATING TO THE STORM DRAINAGE SERVICE IMPACT FEES

CHARGED TO NEW DEVELOPMENTS OR REDEVELOPMENTS, AND

MAKING FINDINGS OF EXEMPTION FROM ENVIRONMENTAL REVIEW
PURSUANT TO CEQA GUIDELINES SECTIONS 15061(b)(3), 15183, 15305, 15308, AND 15378
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

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2 Ordinance No. 239.8
RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas (“City”) desires to change the Storm Drainage Impact Fees upon development projects to ensure that new development contributes its fair share to public facilities in the City consistent with the City’s standards; and
WHEREAS, the City contracted with West Yost to perform a nexus study analysis demonstrating the reasonable relationship between the need for each fee and the type of development on which each fee will be imposed and has determined amounts for each fee based on the reasonable relationship between each fee and the type of development project on which the fee will be imposed; and WHEREAS, West Yost prepared and submitted a Storm Drainage Impact Fee Analysis, dated June 2023, which is incorporated by reference (“Nexus Study”); and WHEREAS, the Nexus Study substantiates a methodology that will charge each new development project only for the costs necessary to mitigate the impacts expected to be caused by that development project; and
WHEREAS, there is a reasonable relationship between the Impact Fees and the development projects on which the Fees will be imposed because the Fees will only fund costs necessitated by each new development; and
WHEREAS, the Impact Fees will not exceed the estimated reasonable cost of providing the land and facilities for which the Fees are imposed; and
WHEREAS, the Impact Fees will not be levied, collected or imposed for general revenue purposes, but are levied specifically to fund facilities of the types set forth in the Nexus Study; and WHEREAS, the Nexus Study establishes proposed amounts and provides an evaluation of the need for new Impact Fees and establishes the nexus between the imposition of the new Fees and the estimated reasonable costs of providing the services for which the Fees are charged; and WHEREAS, the Nexus Study includes information that supports the City’s actions, as required by subdivision (a) of Section 66001 of the Government Code; and WHEREAS, revisions and updates to the Fees charged by the City of Milpitas (“City”) for the proportionate impact of new development on the City’s storm drain infrastructure and system are reasonable, necessary, and needed; and
WHEREAS, on June 5, 2012, when the City adopted Ordinance No. 239.7 and last changed these Fees, the City had not adopted the current version of its Development Impact Fee Program (Title VIII, Chapter 4 of the Milpitas Municipal Code); and
WHEREAS, consistent with Government Code section 66016(b), Title VIII, Chapter 4, Section

2.01 of the Milpitas Municipal Code confirms that the City Council may establish and amend development impact fees by resolution; and
WHEREAS, the City Council intends to confirm for the avoidance of doubt that the fee established in Milpitas Municipal Code section XI-16-16 is part of the City’s Development Impact Fee Program and may similarly be amended and modified from time to time by resolution of the City Council; and

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3 Ordinance No. 239.8
WHEREAS, the City Council finds, pursuant to Title 14 of the California Code of Regulations, Sections 15061(b)(3), 15183, 15305, 15308, and 15378, that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) in that it is not a project which has the potential for causing a significant effect on the environment, merely amends part of a regulatory process for the protection of the environment, does not alter the use of land from uses already authorized, prohibited, or regulated by law, and does not affect development density established by existing zoning and the City’s General Plan, for which an Environmental Impact Report was already certified; and NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

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

SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 16, SECTION 16
Title XI, Chapter 16, Section 16 of the Milpitas Municipal Code is hereby amended to read as follows:

XI-16-16 - Connection Fees
Prior to connection or discharge to any storm drain facility from a new development or a redevelopment project (directly or indirectly), connectors shall pay City a fee for connection/discharge to the City's storm drain system as set by resolution of the City Council pursuant to Title VIII, Chapter 4 of this Code.

The purpose of the fee imposed by this section is to fund facilities (whether presently in existence or not) necessary to provide storm drain services, and revenues derived from the fee imposed by this section shall be used solely for that purpose.

SECTION 3. UNCODIFIED AMENDMENT OF STORM DRAINAGE IMPACT FEES For the avoidance of doubt, the City Council hereby adopts by ordinance and incorporates by reference City Council Resolution No. __ and all findings, determinations, and resolutions therein, including the amended storm drainage impact fee therein, as if fully set forth here. This updated storm drainage impact fee shall be effective 60 days after adoption of this ordinance. The City Council intends to confirm by ordinance and not duplicate the fee set by City Council Resolution No. __.

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4 Ordinance No. 239.8
environment (Cal. Code Regs., tit. 14, § 15308), and by common sense can be seen with certainly that there is no possibility that the activity in question may have a significant effect on the environment particularly in consideration of the activities already permitted, prohibited, or regulated by law (Cal. Code Regs., tit. 14, § 15061(b)(3)). This amending ordinance is also exempt because it does not affect development density established by existing zoning and the City’s General Plan, for which an Environmental Impact Report was already certified, and does not have any project-specific significant environmental effects peculiar to the project or any site. (Cal. Code Regs., tit. 14, § 15183.) SECTION 5. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 6. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve Milpitas Arts and Culture Grant Request for Sunnyhills Neighborhood Association Juneteenth Event (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409; and Tegan McLane, Assistant Recreation and Community Services Director, 408-586-3212) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 2/20/2024
Recommendation: Approve Milpitas Arts and Culture In-kind Grant request from Sunnyhills Neighborhood Association for the use of Sunnyhills Albert Augustine Jr. Memorial Park for a Juneteenth Celebration on June 15, 2024.

BACKGROUND:

The Milpitas Arts and Culture Grant (formerly the Cultural Arts Support Program) was introduced in 2001 as a way for the City of Milpitas to support enriching and free or low-cost cultural arts programming for the community.

In recent years the program has functioned as an in-kind space grant, where Cultural Arts groups (nonprofit organizations, schools, clubs) and individuals may request free use of City of Milpitas’ rentable indoor or outdoor space to offer programming or, in the case of performing arts, to rehearse for free and low-cost programming to be offered in Milpitas. Groups are limited to two events per year, each event no more than two consecutive days.

The cumulative total of event hours, including set up and break down, is limited to 40 hours per organization per year or an in-kind grant value of $10,000; whichever comes first.

The Arts Commission’s FY2023-24 approved work plan included the revision of the Milpitas Arts and Culture Grants (MACG) program process to include both the Arts Commission recommendation for approval and the City Council final approval. At the January 22, 2024, Arts Commission meeting, the Commission reviewed new grant program materials that included structured in-kind grant application submittal deadlines, and subsequent Arts Commission and City Council meetings for review and approval. In-kind grant submittal deadlines for the remainder of the calendar year are:

Upcoming MACG Deadlines Fall/Winter Events
(September 1-January 31)
Spring Events
(February 1-May 31)
Summer Events
(June 1-August 31)
Application Deadline February 23, 2024 April 26, 2024 October 25, 2024 Arts Commission Review March 25, 2024 May or June 2024 TBD* November 25, 2024 Council Approval May 7, 2024 October 1, 2024 January 21, 2025 *Arts Commission’s Regular May Meeting falls on Memorial Day and will need to be rescheduled.

However, before the meeting where the new deadlines were discussed, the Commission had received and reviewed one MACG In-Kind Grant Application from the Sunnyhills Neighborhood Association, requesting to use open space at Sunnyhills Albert Augustine Jr. Memorial Park for its second annual Juneteenth celebration on June 15, 2024. This request was received on October 15, 2023.

Since Sunnyhills Neighborhood Association’s request is for park space for a June 15, 2024 event and was submitted prior to the approval and announcement of a new review schedule, the Arts Commission is requesting Council’s approval outside the normal review schedule. If City Council were to wait until its next normally scheduled approval date on May 7, 2024, organizers would have less than six weeks’ notice to plan and publicize their event, which could jeopardize their ability to produce a successful, well-organized Juneteenth Celebration.

In addition, a late approval on May 7, 2024 would preclude the City from listing this event in the Summer Activity Guide, an in-kind service the City provides as part of the grant.

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ANALYSIS:

On November 27, 2023, the Arts Commission reviewed and unanimously recommended approval of a MACG In-Kind Grant Application from the Sunnyhills Neighborhood Association, requesting to use open space at Sunnyhills Albert Augustine Jr. Memorial Park for its second annual Juneteenth celebration on June 15, 2024.

The grant applicant previously received a Milpitas Arts and Culture In-Kind Grant in 2023 to use Sunnyhills Albert Augustine Jr. Memorial Park and the Recreation mobile stage for a Juneteenth event, which included stage performances, a resource fair, and one food truck. That free event drew about 200 people.

As stated in their 2024 Grant Application (included in the agenda packet), the Sunnyhills Neighborhood Association is proposing a larger gathering than last year with performances, resources, multiple food vendors, and cultural vendors participating in the event.

The grant application requests the following allowable in-kind services and/or resources:
1) City Park/open space for event (identified as Sunnyhills Albert Augustine Jr. Memorial Park) 2) Inclusion of the event in City marketing channels (Activity Guide, City website, Recreation and Community Services social media pages, and e-blast to the Recreation customer list) The value of Sunnyhills Neighborhood Association’s MACG In-kind grant application, should it be approved, is $1,064. All required security deposits, liability insurance, and/or permits from the City or outside agency, i.e.

County of Santa Clara for this type of event are still required. As proposed, the event would require both a City of Milpitas Special Event Permit and Santa Clara County Event Organizer Permit. The cost for both these permits is the responsibility of the host organization and is not covered by this grant. Currently, staff receives less than six applications per year. If the number of applications dramatically increases in the future staff may have to recommend a limit on the number of annual awards that are recommended. As part of the ongoing evaluation of this program, staff will work with the Arts Commission to ensure that the number of award recommendations that are brought forward to the City Council annually do not have a significant impact on City resources and/or revenue and to discuss a potential future limit on the number of annual awards.

The award of MACG in-kind grant is not a guarantee that the City special event permit or County event organizer permit will be granted. Should the Sunnyhills Neighborhood Association not be able to secure all the required permits, their event would need to be either scaled back, postponed, or cancelled.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve Sunnyhills Neighborhood Association’s grant request to use Sunnyhills Albert Augustine Jr. Memorial Park for its Juneteenth celebration.

Pros: If the request is not approved, the park remains open for rentals. The City could generate rental income should Sunnyhills Neighborhood Association choose to rent open space for its event or if picnic customers rent picnic areas.

Cons: Not approving the request may make it cost-prohibitive for Sunnyhills Neighborhood Association to host a Juneteenth event.

Reason for Not Recommending: Sunnyhills Neighborhood Association had a successful first Juneteenth celebration last year, networking to involve many Milpitas residents and businesses in celebrating black culture. This proposal allows Milpitas residents to learn about and celebrate black culture. This enriches and adds to the City’s own efforts to provide events to Milpitas residents and to celebrate diversity.

FISCAL IMPACT:

There is no impact to the general fund. The value of Sunnyhills Neighborhood Association’s grant request is $1,064, the combined value of the resident nonprofit organization rate for an open space rental and the application fee.

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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

RECOMMENDATION:

Approve Milpitas Arts and Culture In-Kind Grant request from Sunnyhills Neighborhood Association for use of Sunnyhills Albert Augustine Jr. Memorial Park on Saturday, June 15, 2024, for a Juneteenth Celebration.

ATTACHMENT(S):
(a) Milpitas Arts and Culture Grant Application from Sunnyhills Neighborhood Association for a Juneteenth Celebration

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Attachment A

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CITY OF MILPITAS

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

13.15 (“Cannabis Uses”) to Prohibit and Regulate Cannabis Uses, Establishments, and Operations to the Fullest Extent Allowed by State Law (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Category: Public Hearings-Public Safety
Meeting Date: 2/20/2024
Recommendation: Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce Ordinance 298.1, which would amend Subsection XI10-13.15 of the Milpitas Municipal Code consistently with Senate Bill 1186 by regulating the delivery of medicinal cannabis and cannabis products and otherwise preserve the City’s prohibition against commercial cannabis to the fullest extent allowed after this change in State law.

Make findings of exemption from environmental review pursuant to CEQA Guidelines Sections 15061(b)(3), 15183, 15305, and 15378.

BACKGROUND:

To the fullest extent allowed by State law, Subsection XI-10-13.15 of the Milpitas Municipal Code (“MMC”) prohibits the establishment and operation of all commercial cannabis uses within the City, including delivery.

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

On November 7, 2023, the City Council deferred introduction of this ordinance and directed staff to bring the ordinance back for Council consideration in conjunction with a proposal to tighten enforcement on illegal cannabis distribution and delivery within Milpitas.

The City Attorney’s Office and Police Department, in consultation with other departments, have developed an education first and enforcement second approach to address illegal cannabis deliveries systemically over time.

The proposed ordinance has also been clarified and strengthened to prohibit both unlawful deliveries as well as attempts or offers to deliver. The City can begin education, and if necessary enforcement, before any future unlawful delivery is complete. The State has also recently begun requiring cannabis delivery services to report deliveries by city, not just by county. The proposed ordinance has been modified to take advantage of this change in the law and use other reporting this ordinance requires to establish a rebuttable presumption of violations through required documentation, which will allow for more efficient enforcement if education is unavailing. Finally, besides the strictest penalties allowed by state law, the proposed ordinance confirms that prior violations by persistent bad actors can be used to prohibit, suspend, or condition delivery privileges.

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The proposed amending ordinance with changes redlined is Attachment A hereto. Changes to the proposed ordinance after the November 7, 2023, meeting have been highlighted in blue in Attachment B hereto. The City’s current ordinance, Ordinance 298, including the current text of Subsection XI-10-13.15 is Attachment C hereto. The text of Senate Bill 1186 with its changes to State law highlighted or otherwise notated is Attachment D hereto.

Overview of Enforcement Plan and Changes to Originally Proposed Ordinance When this item last came before the Council on November 7, 2023, councilmembers expressed concern over the possibility of undetected illegal cannabis deliveries. Council directed staff to bring the proposed ordinance back for consideration together with recommendations to tighten enforcement on illegal cannabis activity.

Since then, staff has contacted the California Department of Cannabis Control (“DCC”), which maintains the track-and-trace program where cannabis delivery services log all deliveries throughout California. DCC disclosed that historically it has only required deliveries to be reported by county, not by city, and that there was consequently no way to confirm the extent of previous unlawful deliveries within Milpitas. DCC has now been prevailed upon and enacted new regulations that require cannabis delivery services to report deliveries by city, county, and zip code besides specifying if each delivery was to an adult-use customer, a medicinal cannabis patient, or a patient’s primary caregiver. In conjunction with the record keeping, reporting, and registration required by the proposed ordinance, the City can use these required records to hold illegal delivery services accountable in the future. The proposed ordinance has been revised to make such reports prima facie evidence of any unlawful delivery evidenced therein.

Staff also contacted multiple cannabis businesses in nearby cities that are now advertising delivery within Milpitas after the passage and effective date of SB 1186. Each business that responded confirmed its willingness to deliver to Milpitas under the new State law.

If the City Council adopts the proposed ordinance, staff recommends an education first and enforcement second approach. Businesses advertising cannabis delivery services to Milpitas will be sent an educational letter from the Police Department outlining local law, including the requirement to register with the Milpitas Police Department. Businesses that fail to register with the Police Department or otherwise continue to unlawfully deliver will be subject to appropriate enforcement action, including administrative citations or civil penalties likely issued through Code Enforcement. These penalties have been set at the highest amount allowed by State law. While education is not mandatory prior to enforcement, this approach will help distinguish between persistent violators and those that are simply ignorant of local law. If approved by Council, staff will also work to educate the community at large through traditional and social media about SB 1186 and the City’s adoption of reasonable regulations that maintain its prohibitions to the fullest extent allowed by State law.The proposed ordinance has also been clarified to prohibit attempted deliveries as well as advertising or otherwise offering to unlawfully deliver within the City’s jurisdiction. If a new unregistered cannabis delivery service is identified through advertising or other means, it will be similarly sent an educational letter about the City’s law.

If the business continues to unlawfully deliver or offer to deliver within Milpitas, then appropriate enforcement action can be taken. Through a combination of education and enforcement, the City over time can bring cannabis delivery services into compliance with the law.

In addition, the proposed ordinance has been clarified to expressly state that violations of the City’s current cannabis ordinance are not excused. These violations may be the basis for future enforcement actions. The Police Department can also deny, condition, or suspend a delivery service’s ability to deliver even medicinal cannabis within the City on the basis of prior or future violations. In this way, persistent bad actors can be held fully accountable for any misconduct both under the current law and the proposed update to the ordinance.

Summary of Proposed Changes to Existing Ordinance in Light of Council Direction Consistent with the change in law under SB 1186, the proposed amendments to Subsection XI-10-13.15 maintain the City’s current ban on commercial cannabis activities to the fullest extent allowed by State law

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while regulating the medicinal cannabis deliveries now permitted under SB 1186. As previously explained, the local regulations proposed in this ordinance include:
• Requiring all deliveries be made to a specifically and individually identified medicinal cannabis patient or their primary caregiver;
• Requiring delivery services to obtain written documentation required by State law showing that the individual ultimately receiving the cannabis or cannabis products is a qualifying medicinal cannabis patient;
• Requiring that all deliveries be to a fixed address of either the patient’s residence or the primary business address for his or her primary caregiver;
• Requiring deliveries be made to and signed by a person 18 years of age or older; • Requiring all deliveries be limited to medicinal cannabis or medicinal cannabis products and not include other items, such as accessories or promotional materials; • Requiring all deliveries be made between the hours of 6 a.m. and 10 p.m. without disturbing the peace of the neighborhood, as recommended by the Milpitas Police Department; • Requiring delivery services register with the Milpitas Police Department; • Requiring delivery services to maintain their business license with the City and pay all applicable local taxes and fees for deliveries within the City’s jurisdiction; and • Requiring delivery services keep documentation for all deliveries and make such documentation available for inspection upon request to law enforcement officers.

Consistent with the City Council’s November 7, 2023, direction to tighten enforcement against unlawful deliveries, the proposed ordinance has been strengthened, including with the following improvements:
• Clearly prohibiting both unlawful deliveries and attempts or offers to deliver; • Creating a rebuttable presumption of violations from reports required by the State and the proposed local law to support efficient enforcement;
• Confirming that a cannabis delivery service’s ability to deliver can be conditioned, suspended, or prohibited based upon both past and future violations;
• Creating a one year cooling off period before prohibited cannabis delivery services may re-register; • Holding successor businesses responsible for past violations even after sale or reorganization; and • Confirming that prior violations of the City’s current ordinance may still be the basis for future enforcement action, including prohibition or suspension of a cannabis delivery service’s registration under the proposed ordinance.

The City Attorney’s Office and Police Department, in collaboration with other departments, have also developed the aforementioned education first and enforcement second model to guide enforcement under the proposed ordinance in a way that will help distinguish between knowing and unknowing violators. This will both address one systemic cause of prior violations and allow enforcement resources to be dedicated appropriately.

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

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

ANALYSIS:

This overview will be abbreviated as the City Council is well-advised of the developments in this area of the law and justification and need for an updated ordinance from the prior City Council meeting on November 7, 2023.

Those prior materials and discussions are incorporated into the record by this reference.

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Effective January 1, 2024, SB 1186 now prohibits local jurisdictions from adopting or enforcing any regulation that would directly or effectively prohibit the delivery of medicinal cannabis within a jurisdiction to a qualified patient or their primary caregiver. SB 1186 also prohibits regulations that would effectively prohibit those medicinal cannabis deliveries. Finally, SB 1186 lists five non-exclusive categories of regulation that could be prohibited if they have the effect of prohibiting the retail sale by delivery of medicinal cannabis to qualifying patients or their primary caregivers. (See generally Bus. & Prof. Code, § 26322.) SB 1186 clearly states that it shall not “be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.” (Bus. & Prof. Code, § 26322(c).) Even for retail delivery to patients and primary caregivers, SB 1186 clearly states that it shall not “be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis.” (Bus. & Prof. Code, § 26322(b).) Thus, SB 1186 curtails but does not eliminate the power of local jurisdictions to create reasonable regulations on the delivery of medicinal cannabis to qualified patients and primary caregivers.

SB 1186 does not change the authority of local jurisdictions to regulate or even prohibit the delivery of commercial, adult-use cannabis.

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

POLICY ALTERNATIVE(S):

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

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

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

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

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

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

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

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

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

FISCAL IMPACT:

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

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

Make findings of exemption from environmental review pursuant to CEQA Guidelines Sections 15061(b)(3), 15183, 15305, and 15378.

ATTACHMENT(S):
(a) [Proposed] Ordinance 298.1, an Ordinance of the City Council of the City of Milpitas Amending Subsection

13.15 (“Cannabis Uses”) of Section 13 (“Special Uses”) of Chapter 10 (“Zoning”) of Title XI (“Zoning, Planning and Annexation”) of the Milpitas Municipal Code (b) Redlined [Proposed] Ordinance 298.1, highlighting changes from November 7, 2023 (c) Milpitas City Council Ordinance 298 (2019)
(d) 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST)

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1 Ordinance No. 298.1

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

THE PROHIBITION AND REGULATION OF CANNABIS USES,

ESTABLISHMENTS, AND OPERATIONS TO THE FULLEST EXTENT

ALLOWED BY STATE LAW, AND MAKING FINDINGS OF EXEMPTION

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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RECITALS AND FINDINGS:

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

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

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

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SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI (“ZONING, PLANNING AND ANNEXATION”), CHAPTER 10 (“ZONING”), SECTION 13 (“SPECIAL USES”), SUBSECTION 13.15 (“CANNABIS USES”)
Title XI, Chapter 10, Section 13, Subsection 13.15 of the Milpitas Municipal Code is hereby amended to read as follows:

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

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

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

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

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

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

3. “Cannabis delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Cannabis delivery” also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. Whether made directly by the individual or entity or indirectly through a third-party service or other intermediary, an offer to deliver includes any communication, action, or conduct that could be reasonably understood to convey a willingness to engage in cannabis delivery irrespective of the person or entity’s actual or specific intent and includes advertisements, websites, or other media making the same suggestion.

3.4. “Cannabis delivery service” or “delivery service” means any person or entity engaged in cannabis delivery or attempting or offering to engage in cannabis delivery.

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

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

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

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

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

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

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

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

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

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

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

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

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

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caregiver that are exempt from State licensure pursuant to Business and Professions Code, Section 26033.

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

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

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

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

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

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

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

13.23. “Primary caregiver” means the primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code, Section 11362.7.

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

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

E.D. Personal Cultivation of Cannabis.

1. Indoor Personal Cultivation. The indoor personal cultivation of cannabis is prohibited except in compliance with the following:
a. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence. b. Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence. c. Persons engaging in indoor cultivation must comply with all State and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, and with Health and Safety Code Sections 11362.1 and 11362.2.
d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the City of Milpitas.
e. The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.
f. All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure. "Fully enclosed and secure structure" means a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

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

F.E. Commercial Cannabis Uses.

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

G.F. Cannabis Deliveries.

1. Deliveries Generally Prohibited. To the fullest extent allowed by State lawExcept as set forth in Subsection XI-10-13.15(F)(2), the ban on commercial cannabis uses also prohibits the operation of a cannabis delivery service to customers in the City of Milpitas, including those deliveries originating from a physical location outside of the City. A cannabis delivery service may not deliver, attempt to deliver, or offer to deliver cannabis or cannabis products in violation of this Subsection. Nothing in this Subsection is intended to, nor shall it be construed to, permit and/or legalize any delivery operation, use, and/or activity that is otherwise prohibited under this Subsection and/or any other law. Rather, this Subsection is intended to

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prohibit the delivery of commercial cannabis to the fullest extent allowed by state law, including by entirely prohibiting the delivery of non-medicinal cannabis.

2. Direct Deliveries to Medicinal Cannabis Patients or Primary Caregivers Excepted. The direct delivery of medicinal cannabis to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient within the City’s jurisdictional limits from a location outside the City’s jurisdictional limits is not prohibited by this Subsection only if such deliveries fully comply with each and every one of the following operating conditions:
a. All deliveries must be made directly to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient by a duly licensed cannabis delivery service. Prior to delivery, the delivery service must obtain a copy of written documentation for the identified medicinal cannabis patient proving the patient possess a physician’s recommendation for medicinal cannabis that is valid at the time of delivery.
i. For deliveries to a medicinal cannabis patient, that written documentation must include either a currently valid copy of a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code or a currently valid identification card issued in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code. ii. For deliveries to a primary caregiver for a medicinal cannabis patient, that written documentation must include either a currently valid identification card for the identified patient issued to the primary caregiver in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or both a currently valid copy of a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code and proof that primary caregiver has consistently assumed responsibility for the housing, health, or safety of the identified patient. iii. Written documentation received by a delivery service for this purpose shall be maintained confidentially and only disclosed in compliance with all applicable laws.
b. All deliveries must be to a fixed address for a specifically identified medicinal cannabis patient.
i. For deliveries to a medicinal cannabis patient, that fixed address must be the patient’s private residence.
ii. For deliveries to a primary caregiver for a medicinal cannabis patient, that fixed address must be the primary caregiver’s primary business address. iii. Deliveries cannot be to a post office box, any other form of mail, package, or parcel pickup location or locker, or to a mail, package, or parcel receiving agency or business.
iv. Delivery must be to a person 18 years of age or older. The delivery service must record the name of the person receiving the delivery.

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v. Upon delivery, and prior to completing delivery, the delivery must be signed for by the identified medicinal cannabis patient or the primary caregiver for the identified medicinal cannabis patient.
c. All deliveries must occur between the hours of 6:00 a.m. Pacific Time and 10:00 p.m.

Pacific Time. Deliveries may not occur in a manner that would tend to disturb the peace, quiet, and/or enjoyment of a reasonable person of normal sensitivity residing nearby. d. The cannabis delivery service must maintain a log or other record stating the date, time, quantities, and products for each delivery as well as the name of the identified medicinal cannabis patient and the name of any primary caregiver for the delivery. e. The cannabis delivery service must retain for a period of at least two years copies of all records, documentation, signatures, permits, and licenses required by this Subsection and present them to a law enforcement officer upon demand.
f. The cannabis delivery service must fully comply with all applicable laws, including this Subsection and Division 10 of the Business and Professions Code, all rules and regulations promulgated by the Department of Cannabis Control, including in Title 4, Division 19 of the California Code of Regulations, and all guidelines, procedures, and regulations promulgated pursuant to this Subsection by the City Manager and/or his or her designee. a.g. Deliveries of medicinal cannabis may not include anything other than medicinal cannabis and medicinal cannabis products. Specifically, deliveries of medicinal cannabis may not include delivery of cannabis accessories or promotional materials, as defined by Section 15000 of Title 4, Division 19, Chapter 1, Article 1 of the California Code of Regulations, or branded merchandise of any kind.

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

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

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e. Any other information required by the Chief of Police.

The delivery service must update its registration annually and within 72 hours of any change to the information contained in its registration or its cessation or suspension of medicinal cannabis delivery services within the City’s jurisdiction. Registration may be conditioned, suspended, refused, or revoked under the procedure specified in Subsection XI-10-13.15(F)(7). A cannabis delivery service may not re-register, and no registration will be accepted, within one (1) year after its registration is revoked. Where a cannabis delivery service is sold, transferred, merged, acquired, or any person or entity otherwise succeeds in whole or in part to any of the assets, liabilities, facilities, employees, managers, or officers of a cannabis delivery service, the registration of the successor business may be condition, suspended, refused, or revoked upon the same or similar terms as the previous business as the interests of justice require.

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

6. Rebuttable Presumption. If a cannabis delivery service reports or otherwise discloses to a state, local, or federal governmental entity that it has delivered cannabis or cannabis products, whether for taxation, licensing, tracking, or other purposes, that report or disclosure shall create a rebuttable presumption for the facts and circumstances of each delivery referenced, including a prima facie case for any violation of this Subsection evidenced thereby.

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

Within twelve (12) calendar days of being mailed notice of the hearing officer’s decision pursuant to the same notice procedure, the delivery service may appeal the hearing officer’s decision to the City Council pursuant to the procedure provided in Title I, Chapter 20, Section 5 of this Code.

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

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

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

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

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

SECTION 3. CONSISTENCY AND ENFORCEABILITY OF PRIOR LAW
Repeal or amendment of any provision of the Milpitas Municipal Code herein does not affect any penalty, forfeiture, or liability incurred before this ordinance’s effective date or preclude prosecution and imposition of penalties for any violation occurring before this ordinance’s effective date. Any such repealed or amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance.

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

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SECTION 5. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

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THE PROHIBITION AND REGULATION OF CANNABIS USES,

ESTABLISHMENTS, AND OPERATIONS TO THE FULLEST EXTENT

ALLOWED BY STATE LAW, AND MAKING FINDINGS OF EXEMPTION

AYES:

NOES:

ABSENT:

ABSTAIN:

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RECITALS AND FINDINGS:

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

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

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SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI (“ZONING, PLANNING AND ANNEXATION”), CHAPTER 10 (“ZONING”), SECTION 13 (“SPECIAL USES”), SUBSECTION 13.15 (“CANNABIS USES”)
Title XI, Chapter 10, Section 13, Subsection 13.15 of the Milpitas Municipal Code is hereby amended to read as follows:

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

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

3. “Cannabis delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Cannabis delivery” also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. Whether made directly by the individual or entity or indirectly through a third-party service or intermediary, an offer to deliver cannabis or cannabis products includes any communication, action, or conduct that could be reasonably understood to convey a willingness to engage in cannabis delivery irrespective of the person or entity’s actual or specific intent and includes advertisements, websites, or other media making the same suggestion.

3.4. “Cannabis delivery service” or “delivery service” means any person or entity engaged in cannabis delivery or attempting or offering to engage in cannabis delivery.

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

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

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

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

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

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

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caregiver that are exempt from State licensure pursuant to Business and Professions Code, Section 26033.

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

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

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

13.23. “Primary caregiver” means the primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code, Section 11362.7.

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

C.D. Personal Cultivation of Cannabis

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

D.E. Commercial Cannabis Uses.

E.F. Cannabis Deliveries

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c. All deliveries must occur between the hours of 6:00 a.m. Pacific Time and 10:00 p.m.

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

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delivery services within the City’s jurisdiction. Registration may be conditioned, suspended, refused, or revoked under the procedure specified in Subsection XI-10-13.15(F)(7). A cannabis delivery service may not re-register, and no registration will be accepted, within one (1) year after its registration is revoked. Where a cannabis delivery service is sold, transferred, merged, acquired, or any person or entity otherwise succeeds in whole or in part to any of the assets, liabilities, facilities, employees, managers, or officers of a cannabis delivery service, the registration of the successor business may be condition, suspended, refused, or revoked upon the same or similar terms as the previous business as the interests of justice require.

2.6.Rebuttable Presumption. If a cannabis delivery service reports or otherwise discloses to a state, local, or federal governmental entity that it has delivered cannabis or cannabis products, whether for taxation, licensing, tracking, or other purposes, that report or disclosure shall create a rebuttable presumption for the facts and circumstances of each delivery referenced, including a prima facie case for any violation of this Subsection evidenced thereby.

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

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

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The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

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REGULAR
NUMBER: 298
TITLE: A ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING SUBSECTION XI-10-13.15 ENTITLED “CANNABIS USES” AND AMENDING SUBSECTION XI-10-13.05 ENTITLED “HOME OCCUPATION” OF THE MILPITAS MUNICIPAL CODE, TITLE XI, CHAPTER 10, SECTION 13, TO REGULATE CANNABIS CULTIVATION FOR

PERSONAL USE AND TO PROHIBIT ALL COMMERCIAL CANNABIS USES, AND MAKING

FINDINGS OF EXEMPTION FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTIONS 15060(C)(3) AND 15061(b)(3)
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of December 19, 2018, upon motion by Councilmember Montano, and was adopted (second reading) by the City Council at its meeting of January 15, 2019, upon motion by Councilmember Nuñez. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES: (5) Mayor Tran, Vice Mayor Dominguez, Councilmembers Montano, Nuñez, and Phan

NOES: (0) None

ABSENT: (0) None

ABSTAIN: (0) None
ATTEST:
______________________________ ________________________ Mary Lavelle, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
______________________________
Christopher J. Diaz, City Attorney

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RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and WHEREAS, in 1996, the voters of the State of California approved the Compassionate Use Act of 1996 (“CUA”) (codified as Health and Safety Code, § 11362.5 et seq.) to enable seriously ill Californians to legally possess, use, and cultivate marijuana for personal medical use free from prosecution under enumerated provisions of State law; and WHEREAS, in 2003, the California Legislature adopted the Medical Marijuana Program Act (“MMP”) (codified as Health and Safety Code, § 11362.7 et seq.), which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under State law, however certain exemptions from criminal prosecution will expire on or about January 9, 2019 (Health & Safety Code, § 11362.775); and
WHEREAS, in 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, holding that nothing in the CUA or MMP preempted cities’ authority to regulate or ban outright medical marijuana land uses; and WHEREAS, in 2015, the California Legislature enacted the Medical Cannabis Regulation and Safety Act (MCRSA), which for the first time in the State’s history adopted comprehensive regulations and licensing for medical marijuana businesses; and
WHEREAS, in 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), which legalized the non-medical use of marijuana by adults over 21 years of age, and provides for State licensing of adult-use marijuana businesses; and
WHEREAS, Senate Bill 94 (“SB 94”), signed by the Governor on June 27, 2017 to take effect immediately, repealed the MCRSA, and amended AUMA to consolidate the State licensing scheme applicable to both medical and adultuse commercial cannabis activity under a new law entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA); and
WHEREAS, MAUCRSA recognizes, preserves and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that regulate licensed cannabis businesses, including, but not limited to, completely prohibiting the establishment or operation of one or more types of businesses licensed under MAUCRSA within the local jurisdiction (Business and Professions Code, § 26200); and WHEREAS, AUMA, as amended by MAUCRSA, legalizes cultivation of not more than six living cannabis plants per property by persons 21 years of age or older for personal use; and WHEREAS, AUMA, as amended by MAUCRSA, provides that a city shall not completely prohibit personal cultivation of cannabis inside a private residence or inside an accessory structure to a private residence that is fully enclosed and secure, but that a city may completely prohibit personal cultivation of cannabis outdoors (Health and Safety Code, § 11362.2); and
WHEREAS, on January 17, 2017, the City Council adopted Urgency Ordinance No. 291 pursuant to Government Code Section 65858, establishing a forty-five (45) day moratorium on all marijuana uses to the extent allowed by law in light of the passage of Proposition 64 in the State of California; and

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WHEREAS, on February 21, 2017, the City Council adopted Urgency Ordinance No. 291.1 pursuant to Government Code Section 65858, extending the moratorium on all marijuana uses for a period of 10 months and 15 days; and
WHEREAS, in January 2017, the City Council adopted Urgency Ordinance No. 291.2 pursuant to Government Code Section 65858, extending the moratorium for an additional 12-month period for the full two years authorized under State law, to allow the City to complete its study of potential cannabis regulations; and WHEREAS, a City Council subcommittee, City staff and the City Council have conducted numerous meetings, community outreach, polling and analysis to determine what types of regulations, if any, the City would like to impose on marijuana/cannabis uses in light of the passage of AUMA and MAUCRSA in the State of California; and WHEREAS, as a result of that study, and in accordance with Business and Professions Code, Section 26200, this Ordinance effects zoning limitations that prohibit the physical establishment or operation of all commercial cannabis uses within Milpitas, including all commercial cultivators, manufacturers, testing laboratories, retailers/dispensaries, delivery services, distributors and microbusinesses that are or will be licensed by the State of California pursuant to the MAUCRSA, as the best course of action for the City’s citizens and the community at large.

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

SECTION 2. MUNICIPAL CODE AMENDMENT
The City Council hereby adds Subsection XI-10-13.15 entitled “Cannabis Uses” to the Milpitas Municipal Code, Title XI, Chapter 10, Section 13, as set forth on Exhibit A, attached hereto and incorporated herein by this reference.

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

SECTION 4. MUNICIPAL CODE AMENDMENT

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

SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly, and therefore is exempt from environmental review pursuant to CEQA Guidelines, Section 15060(c)(3). The City Council further finds that if this Ordinance is deemed to be a project, it is nonetheless exempt from further environmental review under the general rule stated in CEQA Guidelines, Section 15061(b)(3), that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Ordinance prohibits commercial cannabis businesses and outdoor personal cannabis cultivation from establishing or occurring in the City and therefore will maintain current development levels.

Accordingly, the City Council finds that this Ordinance is categorically exempt from further CEQA review because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 6. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 7. CUSTODIAN OF RECORDS
The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 455 East Calaveras Blvd., Milpitas, CA 95305. The custodian of these records is the City Clerk.

SECTION 8. RESTATEMENT OF EXISTING LAW
The adoption of this Ordinance shall not in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof.

SECTION 9. EFFECTIVE DATE
Pursuant to Government Code, Section 36937, this Ordinance shall take effect thirty (30) days after its final passage.

SECTION 10. CERTIFICATION
The City Clerk shall certify as to the adoption of this Ordinance and shall cause it to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.

SECTION 11. FILING WITH STATE
The City Clerk shall submit a copy of this Ordinance to the Bureau of Cannabis Control as provided by Business and Professions Code, Section 26055.

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EXHIBIT A
XI-10-13.15 - Cannabis Uses
A. Purpose. The purpose of this Subsection is to prohibit the establishment and operation of all commercial cannabis uses within the City of Milpitas, including all cannabis dispensaries, cannabis retailers, cannabis manufacturers, cannabis microbusinesses, cannabis testing laboratories, cannabis distribution, cannabis cultivation, and delivery of cannabis. It is also the intent of this Subsection to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers.

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

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

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

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

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

7. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include “cannabis products” as defined in Business and Professions Code, Section 26001.

8. “Cannabis retailer” means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. The term “cannabis retailer” includes any nonprofits that may be licensed under Business and Professions Code, Section 26070.5. For purposes of this Chapter, “cannabis retailer” also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, § 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, § 11362.7 et seq.), as may be amended.

9. “Cannabis testing laboratory” means a facility, entity, or site in the State that offers or performs tests of cannabis

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or cannabis products.

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

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

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

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

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

C. Personal Cultivation of Cannabis.

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

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

D. Commercial Cannabis Uses.

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

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

E. Public Nuisance; Effect of State Law.

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

Vetoes are indicated by Text ;
stricken material by Text .

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

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

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

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

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

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 2 jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.

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

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

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

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

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

SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
<< CA BUS & PROF § 26200 >>
26200. (a)(1) * * * Except as set forth in the Medicinal Cannabis Patients' Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) * * * Except as set forth in the Medicinal Cannabis Patients' Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 3 (c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030).
(d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state.

Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e)(1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.
(C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses.
(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.
(3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately.
(4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490)

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 4 of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5.
(f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.

SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
<< CA BUS & PROF § 26200 >>
26200. (a)(1) * * * Except as set forth in the Medicinal Cannabis Patients' Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) * * * Except as set forth in the Medicinal Cannabis Patients' Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements. (c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 5 shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030).
(d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state.

Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e)(1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.
(C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.
(3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately.
(4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 6 (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5.
(6)(A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee's retail premises.
(B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act. (A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises.

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 7 (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.

SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:
d. 10 ch. 26 pr. § 26320
Chapter 26. Medicinal Cannabis Patients' Right of Access Act << CA BUS & PROF § 26320 >>
26320. The Legislature finds and declares as follows:
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.
(b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. << CA BUS & PROF § 26321 >>
26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients' Right of Access Act. (b) For purposes of this chapter:
(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
(4) “Regulation” means a local ordinance, regulation, policy, or practice. << CA BUS & PROF § 26322 >>

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 8 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction. (2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established.
(b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement. (2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d) This section shall become operative on January 1, 2024. << CA BUS & PROF § 26323 >>

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CA LEGIS 395 (2022), 2022 Cal. Legis. Serv. Ch. 395 (S.B. 1186) (WEST) © 2023 Thomson Reuters. No claim to original U.S. Government Works. 9 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter.

The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2024. << CA BUS & PROF § 26324 >>
26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200.
<< CA BUS & PROF § 26325 >>
26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.

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

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

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012) Category: Leadership and Support Services
Meeting Date: 2/20/2024
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items (3) Approve recommendations on certain Group 3 items as outlined in the Analysis section of this report.

BACKGROUND:

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

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

The last prioritization was held on November 14, 2023. Links to prior prioritization reports and minutes are included under Attachments.

ANALYSIS:

Staff is now bringing forward the next prioritization of items that were requested by Council between November 14, 2023 and February 6, 2024, including the status on items approved previously by Council.

As shown in Attachment 1, a total of 32 items, some of which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:

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

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

Group 3 – Items that are currently underway and/or already included in workplan (19 items).

Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (8 items).

Prioritization Process
There are a total of 5 new items since November 14, 2023. Of these 5 items, 1 item is in Group 1, 4 items are in Group 2, and 0 items are in Group 3.

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

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

For the one Group 1 item, the total annual costs are estimated as follows:

Potential Ongoing Costs Potential One Time Costs
Item
Low Range High Range Low Range High Range
CC01 – Affordable Housing
Ordinance Change $0 $0 $50,000 $75,000
Since Group 2 items (see Attachment 1) require less than four hours of staff time, these items can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on this item. For Group 3 items, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. A list of Items completed, postponed indefinitely or withdrawn, are presented as a separate attachment (Attachment 3).

Voting Process
In accordance with the adopted City Council Prioritization Policy, existing staff workload and the number of Group 1 items, staff proposes that the Council prioritize no more than two items. The typical voting process for prioritization is summarized below. However, since there is only one new item for discussion at this time, staff suggests only holding one vote for consensus on the item. If majority consensus is received then that item will be added to the staff workplan.

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

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

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

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

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Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion tentatively scheduled for June 2024.

Group 4 Items
As discussed above, there are 7 items that have been moved to “Group 4” in this update for various reasons as outlined in Attachment 1 and summarized below:
• Item #25: Evaluation of Milpitas Sports Center for additional indoor pickleball location: The further evaluation of pickleball opportunities in Milpitas is being tracked as part of Group 3, item 17; • Item #26: Evaluation of Facilities that are not named and CIP Program Update: The further evaluation of facility naming is being tracked as part of Group 2, Item 4; • Item #27: Retail Theft: Provide review of what is being worked on locally versus State & Item #31: Explore an ordinance or policy to reduce thefts and increase security in the commercial retail parking areas: Retail theft education is now being tracked as part of Group 2, Item 3; • Item #28 Provide Information on City's Gray Water Rebate Program and Options & Item #29:

Police Substation Feasibility Analysis in Metro Area: The requested information has been provided on these two items;
• Item #30: Create a plan for future solar paneling at City facilities: Continued evaluation of potential solar alternatives is part of the core functions of our public works department. • Item #32: Staff to create a plan on how to increase the number of local businesses doing business with the City: Continued tracking of this initiative is part of Group 3, Item 15.

POLICY ALTERNATIVE:

Not applicable
FISCAL IMPACT:

For one Group 1 item, the total annual ongoing costs are estimated to be $0 and one-time costs would range from $50,000 to $75,000. A breakdown of costs is included in the analysis section of this report. Based on Council direction, staff will consider prioritized items that require new funding as part of the FY 2024-2025 budget process.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

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

RECOMMENDATION:

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

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

ATTACHMENTS:

1. List of Councilmember Agenda Item Requests

2. Information on Group 1 items

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

4. Links to Prior Prioritization Reports and Minutes
• March 16, 2021 Agenda and Minutes
• August 9, 2021 Agenda and Minutes
• January 11, 2022 Agenda and Minutes
• May 3, 2022 Agenda and Minutes
• September 6, 2022 Agenda and Minutes
• February 7, 2023 Agenda and Minutes
• June 20, 2023 Agenda and Minutes
• November 14, 2023 Agenda and Minutes

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

Ordinances and Policies
Projects and Programs
1 20% BMR Ordinance Montano 12/5/2023 Yes Housing February 2024 Update: See attached Miscellaneous
Group 2 – items that have not been initiated but will require less than 4 hours of staff time 2 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024 No City Clerk Governenace &
Administration
February 2024 Update: an update to the Commissioner handbook will be brought to the City Council in Spring 2024 incorporating this change. 3 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions
Chua 1/23/2024 No Police
Public Safety February 2024 Update: Staff met with Vice Mayor Chua and Councilmember Barbadillo on February 6, 2024 to clarify the intent of this request and discuss options. Based on this discussion, staff feels that this request is in alignment with the current business outreach program within the Milpitas Police Department and can be incorporated into the existing staff workplan. The team will host this event in the next few months at the Seafood City shopping center on Landess Avenue.
4 Explore possibility of naming the County library on
Main Street
Phan 1/23/2024 No
Recreation & Community
Services
Community
Wellness & Open
Space
February 2024 Update: Staff will reach out to the County in February 2024 to determine the process for a potential name change. It is possible that this could turn into a work effort in excess of 4 hours in the future pending the results of this discussion. If it does, staff will bring this item back to council for a discussion regarding prioritization. 5 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 No
Recreation & Community
Services
Community
Wellness & Open
Space
February 2024 Update: During February or March 2024, staff will request that the Arts Commission have a discussion about potential alternatives for the statue in front of City Hall. It is possible that this could turn into a work effort in excess of 4 hours in the future pending the results of this discussion. If it does, staff will bring this item back to council for a discussion regarding prioritization.

Group 3 - Items that are currently underway and/or already included in workplan 6 Charter City Evaluation Phan 9/5/2023 Yes City Manager, City Attorney
Governenace &
Administration
February 2024 Update: At the January 30, 2024 Operating budget study session consensus was received to allocate funding towards this effort as part of the Fiscal Year 2024-2025 Operating budget. Further work on this item is pending budget allocation.

November 2023 update: see attached writeup
7 Main Street International Festival Lien 10/3/2023 Yes Recreation & Community Services
Community
Wellness & Open
Space
February 2024 Update: At the January 30, 2024 operating budget study session consensus was received to continue to discuss this item as part of the reorganization of the events calendar that the Recreation & Community Services department is reviewing with the City Council.

November 2023 update: see attached writeup
8 Explore Ordinance for Residential Home Solicitors Barbadillo 10/3/2023 No City Attorney Public Safety February 2024 update: The City Attorney's Office has researched the issue and is preparing to bring forth a model ordinance for council's consideration in spring of 2024.

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Milpitas City CouncilFebruary 20, 2024

Milpitas City Council
February 20, 2024