Agenda packet — Milpitas City Council, April 2, 2024 (part 1 of 2)

April 2, 2024 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL
AGENDA
TUESDAY, APRIL 2, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

Councilmember Barbadillo will participate remotely from:

The Westin Palace, Madrid
Plaza de las Cortes,7
Madrid, Spain 28014
Pursuant to California Government Code Section 54953
You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected].

The meeting will be streamed via Zoom for viewing purposes only. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_Fwz7kwu9QZesNCVKEyKSsA NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

MILPITAS CITY COUNCIL CODE OF CONDUCT
•Be respectful and courteous (words, tone, and body language). •Model civility.
•Avoid surprises.
•Praise publicly and criticize privately.
•Focus on the issue, not the person.
•Refrain from using electronic devices while on the Council dais. •Disclose conflicts of interest and affiliations related to agenda items. •Separate governing from campaigning.
•The Council speaks with one voice after making policy on issues. •Respect the line between policy and administration.
•Council will hold one another accountable to comply with this Code of Conduct.

Page 1 of 196 ends

April 2, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 PM)

PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Montano)
PRESENTATIONS (5:35 PM)
● Black April (Proclamation)
● Fair Housing Month (Proclamation)
● Cesar Chavez Day (Proclamation)
● Milpitas Concert Band Certificates of Recognition

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Rick Bolanos, LCW
Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA RECESS TO SPECIAL JOINT SESSION (7:00 PM)
● See Separate Joint Session Agenda
CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

PUBLIC FORUM (7:30 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record. As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:35 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive City Council Calendar of Meetings for April 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for April 2024.

Page 2 of 196 ends

April 2, 2024 Milpitas City Council Agenda Page 3
C2. Approve City Council City Council Meeting Minutes of March 19, 2024 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Meeting minutes of March 19, 2024.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C5. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions.

C6. Adopt a Resolution Releasing Unclaimed Checks with a Value Less than $15.00 in the Aggregate Amount of $141.91 (Staff Contact: Gabrielle Tsang, Acting Finance Director/Risk Manager, 408-586-3131)
Recommendation: Adopt a resolution releasing unclaimed checks with a value less than $15.00 and transfer a total of $141.91 in unclaimed checks to the General Fund.

C7. Adopt a Resolution Approving a Site Development Permit to Develop a New Two-Story Single-Family Residence on a Vacant 2.3-Acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 500 Vista Spring Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: Consider the exemption in accordance with CEQA and adopt a resolution approving Site Development Permit No. SD23-0005 to allow the development of a new single-family residence at 500 Vista Spring Court, subject to the attached Conditions of Approval.

C8. Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

C9. Approve and Authorize the City Manager to Execute a Software License and Professional Services Agreement with CivicPlus LLC for SeeClickFix Subscription Services (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Approve and authorize the City Manager to execute a software license and

Page 3 of 196 ends

April 2, 2024 Milpitas City Council Agenda Page 4
professional services agreement with CivicPlus, LLC, for SeeClickFix subscription services for a total amount not-to-exceed $121,048.24, subject to the annual appropriation of funds.

C10. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to McKim Corporation for Street Resurfacing 2024 Project No. 4283, 4304, 4305; and Approve Budget Change Form (Staff Contact: Matt Cano, Assistant City Manager 408-586- 3012: and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Recommendation: Adopt a resolution to approve project plans & specifications; Award the construction contract to the lowest responsible, and responsive bidder, McKim Corporation, in the amount of $3,328,125.94 for the Street Resurfacing 2024 Project No. 4283, 4304, 4305; authorize the City Manager to execute the construction contract with McKim Corporation; authorize the City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount not to exceed $499,218.90 for the project; and approve the Budget Change Form to appropriate funding for CIP 4304 and CP 4305.

C11. Adopt a Resolution Granting Acceptance of the Street Resurfacing 2023 Project, Project No. 4283, 4303, & 4304, Authorizing the City Engineer to file a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Matt Cano, Assistant City Manager 408-586-3012; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: Adopt a resolution granting acceptance of the Street Resurfacing 2023 Project, Project No. 4283, 4303, & 4304, authorizing the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty.

C12. Adopt a Resolution to Approve Project Plans & Specifications, Award the Construction Contract with Mark Lee and Yong Kay, Inc., Dba Bay Construction Co., Authorize Design Services Agreement Amendment No. 1 to the with Callander Associates Landscape Architecture, Inc. for ARPA Parks Rehabilitation, Project Nos. 3500, 3501, 5110 (Staff:

Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: (1) Adopt a Resolution to approve project plans & specifications; (2) award the construction contract to the lowest responsible bidder submitting a responsive bid, Mark Lee and Yong Kay Inc, Dba Bay Construction Co., in a total amount of $2,532,000; (3) authorize the City Manager to execute the construction contract with Mark Lee and Yong Kay Inc, Dba Bay Construction Co., (4) authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $380,000; and (5) approve and authorize the City Manager to execute Amendment No. 1 to the Design Services Agreement with Callander Associates Landscape Architecture, Inc. for Sinnott Park Playground design in the amount of $75,000 for ARPA Parks Rehabilitation Phase 2, Project Nos. 3500, 3501, 5110.

PUBLIC HEARINGS (8:00 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

13. Conduct a Public Hearing and Adopt a Resolution for the Summary Vacation of a Portion of the Existing Public Right-of-Way on Houret Court for the Benefit of a Residential Project Located at 1752 Houret Court (Staff Contact: Matt Cano, Assistant City Manager 408-586- 3012; and Arthur Valderrama, Principal Civil Engineer, 408-586-3355)

Page 4 of 196 ends

April 2, 2024 Milpitas City Council Agenda Page 5
Recommendation: Conduct a public hearing; and adopt a resolution for the summary vacation of a portion of the existing Public Right-of-Way on Houret Court.

LEADERSHIP AND SUPPORT SERVICES (8:30 PM)

14. Introduce Ordinance 314, Adding Chapter 15 (“Residential Trespass, Canvassing and Solicitation”) to Title V (“Public Health, Safety and Welfare”) of the Milpitas Municipal Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Recommendation: (1) Following the City Attorney reading aloud the title, move to waive the reading beyond the title and introduce Ordinance 314, which would add Chapter 15 to Title V of the Milpitas Municipal Code to prohibit the trespass of canvassers, solicitors and others on residential property; and (2) Make findings of exemption from environmental review pursuant to CEQA Guidelines Sections 15061(b)(3), 15183, 15305, and 15378.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:00 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT (9:05 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040 The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

Page 5 of 196 ends

Milpitas City Council Calendar
April 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Cesar Chavez Day– City
Observed Holiday
City Hall Closed
2 5:30 PM- Closed Session
7:00 PM-Special Joint Closed Session
with other Jurisdictions followed by
Council Meeting (Public Business)
3 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
4 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5 6
7 8
4:30 PM-Economic Development and
Trade Commission (CM)
9 10
12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
11 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC JPA
Board of Directors (CM
12 13
14 15
7:00 PM-Science, Technology, and
Innovation Commission (GB)
16 6:00 PM-Closed Session
7:00 PM-City Council
17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
18 10:00 AM-VTA Congestion
Management Program & Planning
Committee (CM)
10:30 AM-South Bay Odor
Stakeholders Group Meeting (CM)
3:00 PM-Cities Assoc of SCC
Recycling and Waste Reduction
Commission (CM)
19 9:00 AM-VTA Board of
Directors Workshop (CM)
3:30 PM- 4:00 PM- Teen
Civic Leadership Academy
Graduation (Milpitas
Community Center)
20 10:00 AM-12:00 PM-
Earth Day (Calle Oriente
Mini Park)
21 22 23
1:30 PM-Senior Advisory Commission
(CM)
24 7:00 PM-Planning Commission
25 12:00 PM-SCC Library JPA Board of
Directors Meeting (CM) (Campbell)
6:00-8:00 PM- Commissioners’
Recognition Celebration (Community
Center Auditorium)
26 9:00 AM-VTA Board
Workshop (CM)
27 28 29 30
March 2024

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 May 2024

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31

Page 6 of 196 ends

March 19, 2024 Milpitas City Council Minutes Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, MARCH 19, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the City Council meeting day in a Regular Meeting of the Milpitas City Council March 19, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan (6:06 PM)
ABSENT: None.

The City Council adjourned to Closed Session at 6:01 PM.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Mutalipassi noted there was nothing to report.

PLEDGE OF ALLEGIANCE
Councilmember Lien lead the Pledge of Allegiance.

INVOCATION
There was no invocation.

PRESENTATIONS
Mayor Montano presented a proclamation in recognition of National Endometriosis Month.

PUBLIC FORUM
There were the following public speakers:

1. Voltaire Montemayor

2. Karina Dominguez

Page 7 of 196 ends

March 19, 2024 Milpitas City Council Minutes Page 2

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Chua read the Code of Conduct.

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

Motion/Second: Vice Mayor Chua/Councilmember Lien
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

CONSENT CALENDAR
Vice Mayor Chua asked to pull item C6 from the Consent Calendar.

There were the following public speakers:

1. Ha Phan
After discussion, motion: to approve the Consent Calendar, pulling Item C6.

Motion/Second: Councilmember Lien/Vice Mayor Chua
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

1. Receive City Council Calendar of Meetings for March and April 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for March and April 2024.

2. Approve City Council City Council Meeting Minutes of March 5, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of March 5, 2024.

3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.

Page 8 of 196 ends

March 19, 2024 Milpitas City Council Minutes Page 3

5. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received Mayor Montano's recommendation and confirmed the following appointments:

Senior Advisory Commission

1. Appointed Barbara Jo Navarro to an unexpired term ending December 2024.

7. Designation of Community Development Block Grant Program Certifying Officer for the National Environmental Policy Act (Staff Contact: Alex Andrade, Director of Economic Development, 408- 586-3046; and Robert Musallam, Housing Division Manager, 408-586-3275) Adopted Resolution No. 9308 designating the City Manager as the “Certifying Officer” as defined in 24 CFR Part 58 for the Housing Division of the City of Milpitas for purposes of compliance with the National Environmental Policy Act under the Community Development Block Grant Program.

8. Receive the 2023 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Received the 2023 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorized the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).

9. Receive the 2023 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor’s Office of Planning and Research (Staff Contact: Jay Lee, Planning Director, 408- 586-3077; and Lillian VanHua, Principal Planner, 408-586-3073) Received the 2023 General Plan Annual Progress Report and authorize the submittal of the report to the Governor’s Office of Planning and Research (OPR).

10. Approve and Authorize the City Manager to Execute a Five-Year Professional Services Agreement with Precision K9 for Canine Acquisition and Training (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
Approved and authorized the City Manager to execute a five-year professional services agreement with Precision K9 for canine acquisition and training in a total not-to-exceed amount of $195,000.00 over the five-year term.

11. 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) (1) Received an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.

12. Approve and Authorize the City Manager to Execute a Design Services Agreement with Callander Associates Landscape Architecture, Inc., for Metro Tango Subdistrict Park, Project No. 2023 (Staff Contact: Michael Silveira, Public Works - Engineering Division Manager, 408-586- 3303)
Approved and authorized the City Manager to execute a Design Services Agreement with Callander

Page 9 of 196 ends

March 19, 2024 Milpitas City Council Minutes Page 4
Associates Landscape Architecture, Inc (CALA) in the amount of $420,237.00 for Metro Tango Subdistrict Park, Project No. 2023.

13. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P., for the Affordable Housing Project at 308 Sango Ct. (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Arthur Valderrama, Principal Civil Engineer, 408-586- 3355)
Approved and authorized the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P., for the affordable housing project at 308 Sango Ct.

14. Adopt a Resolution to Supersede Resolution 9145 to Update City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Adopted Resolution No. 9309 to supersede Resolution No. 9145 updating City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.

PUBLIC HEARINGS

15. Conduct a Public Hearing on the Request for a Bingo License for St. John the Baptist Catholic Church to Hold a Regular Bingo Game on Church Grounds (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
City Manager Thomas introduced the item and City Clerk Guzzetta presented the report Mayor Montano opened the public hearing.

There were the following public speakers:

1. Voltaire Montemayor

2. Rizalina Santoro

3. Cecille Sevila

4. Lucy Gallian
Mayor Montano closed the public hearing.

After discussion, motion: to approve a Bingo License for St. John the Baptist Catholic Church to hold a regular bingo game on church grounds.

Motion/Second: Vice Mayor Chua / Mayor Montano
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

COMMUNITY DEVELOPMENT

16. Receive Presentation from Staff and Applicant and Provide Direction Regarding Conceptual Plans for Proposed Mixed-Use Development at 1851 McCarthy Boulevard (Staff Contact: Jay Lee, Planning Director, 408-586-3077, Michael Fossati, Senior Planner, 408-586-3274) City Manager Thomas introduced the item and Senior Planner Fossati and the applicant presented the report.

Page 10 of 196 ends

March 19, 2024 Milpitas City Council Minutes Page 5
There were the following public speakers:

1. Voltaire Montemayor
Vice Mayor Chua questioned retail space size and the percentage of employment lands. Economic Development Director Andrade discussed the city's economic development strategy, mentioning the ongoing loss of industrial space and the conversion of some areas into residential zones. He also shared a breakdown of commercial inventory in Milpitas. He noted that the requested redevelopment would be 1% or less of the existing space.

Councilmember Barbadillo questioned the effects on the Milpitas economic development strategy and concerns about rezoning and spot zoning. Director Andrade noted a shift towards Business Park Research and Development zoning and highlighted the area's significance for sales tax revenue. Senior Planner Fossati and Planning Director Lee spoke about the potential requirement for amendments to the general plan and zoning due to the project. They noted that while the project might necessitate an environmental impact report, it wouldn't significantly alter the ongoing comprehensive zoning update.

They also addressed concerns about "spot zoning," emphasizing that decisions are carefully considered to align with the city's long-term goals and zoning integrity.

Councilmember Lien asked after parking requirements and usage of the proposed commercial retail space. She voiced a desire to see businesses the served the community. The developer highlighted existing programs at other Milpitas facilities and a commitment to continuing to serve the community.

Mayor Montano asked staff to explain community benefits, which are extra contributions to the city beyond zoning requirements. The Strategic Property Acquisition Revenue Fund (SPAR) was mentioned, with its use dependent on the project. The City council discussed potential benefits for the project, such as supporting Main Street revitalization and providing space for shuttle services. Staff assured that these concerns would be addressed.

No action was taken.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

17. Consider Approval of a Permanent Pickleball Site and Provide Feeback on Future Programming Plan (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586- 3409)
City Manager Thomas introduced the item and Recreation and Community Services Director Lorentzen presented the report.

There were the following public speakers:

1. Selena Bolyard

2. Melissa Pereira

3. Maria Pereira

4. Ana Melo

5. Hai Vo

6. Hung Vo

7. Jorge Melo

8. Kimberly Vo

9. Vishnu Dave'

10. Vikas Seth

11. Thuong Tran

12. Jim Louie

Page 11 of 196 ends

March 19, 2024 Milpitas City Council Minutes Page 6

13. Stephen Balsbaugh

14. Rohit

15. Aravind

16. Payal P.

17. Mei Goh

18. Steven

19. Voltaire Montemayor

20. Sunil
Vice Mayor Chua questioned staff on resident concerns include traffic, illegal parking, noise, and loitering. Recreation and Community Services Director Lorentzen spoke on potential solutions. The Vice Mayor suggested other options include reducing hours for the tennis and pickleball courts. Director Lorentzen responded with required next steps to establish the reduced hours. Vice Mayor Chua followed questioning City Attorney Mutalipassi on the legality of limiting park use to residents. He indicated he would look into the matter.

Councilmember Barbadillo inquired after the community surveys, feedback, and questioned outreach efforts. After response by Director Lorentzen, he suggested the program wasn't ready for a final decision.

Mayor Montano raised concern about the traffic impact to the surrounding neighborhood and suggested options to alleviate the situation. She also questioned the effectiveness of windscreens asking about evidence of their efficacy. The Mayor suggested curfews on the courts and needing a plan to spread pickleball courts throughout the city.

Councilmember Lien questioned how the approved budget would be spent. Director Lorentzen detailed the plans including resurfacing the courts, repainting court lines, installing net systems, safety fences, and sound dampening windscreens. She also noted that this was time when staff was asking for feedback from the City Council.

Vice Mayor Chua noted that now would be a good time to address the issues raised and proposed limiting pickleball hours and enforcing parking immediately. She added that the Pickleball Club should sponsor events with the price of entry being quiet paddles and balls.

Mayor Montano requested a safety fence between pickleball and tennis courts, to develop a comprehensive plan for pickleball sites throughout the city, and add parking.

City Attorney Mutalipassi summarized the motion including an immediate limitation on pickleball hours, immediate parking enforcement on the streets adjacent to the park, use current CIP funds for noise dampening and for a safety fence between the pickleball and tennis courts.

Vice Mayor Chua followed up asking to see if the unused building at the Milpitas Sports Center could be converted to indoor pickleball use. She also asked for the 1851 McCarthy Blvd developer to include pickleball in their design.

After discussion, motion: to limit the pickleball court time immediately, work on parking enforcement, use some of the CIP budget for sound dampening nets and a safety fence between tennis and pickleball, and then bring back to the council a more comprehensive plan that includes indoor building at the sports center that's not currently being used for indoor pickleball, and potentially asking developers to include pickleball in some of their open spaces in future developments

Page 12 of 196 ends

March 19, 2024 Milpitas City Council Minutes Page 7
Motion/Second: Vice Mayor Chua/Mayor Montano
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Lien, Councilmember Phan NOES: Councilmember Barbadillo

ITEMS PULLED FROM CONSENT CALENDAR

6. Approve the Proposed Edits to the Commissioner Handbook (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Vice Mayor Chua asked to add language regarding Outgoing Commissioner Presentations of "Before the term, the Commissioner" ...

There were the following public speakers:

1. Voltaire Montemayor
After discussion, motion: to approve the proposed edits to the Commissioner Handbook adding language to the Section, Outgoing Commissioner Presentations, of "Before the end of their term..." Motion/Second: Vice Mayor Chua/Councilmember Lien
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Thomas announced the upcoming Community Forum on Retail Theft.

Vice Mayor Chua proposed honoring military residents by selecting several at one month during the year for recognition with banners displayed on Main Street. There was unanimous consensus in support of placing the item on the prioritization list. She also implementing a "walking in the park with council" program where council members walk in a park for one hour monthly, providing residents an opportunity for informal interaction. The Council agreed to skip the item due to time constraints in individual councilmember schedules.

ADJOURNMENT
Mayor Montano adjourned the meeting at 10:14 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

Page 13 of 196 ends

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 3/28/2024
April 16, 2024 – Regular Meeting

CLOSED SESSION
•Labor Relations
INVOCATION (Mayor Montano)

PRESENTATION
- Earth Day (Proclamation)
- Arbor Day (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for April and May 2024 (City Clerk)

2. Approve City Council Meeting minutes of April 2, 2024 (City Clerk)

3. Preview list of items for May 7, 2024 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

6. ARPA Program Update (City Manager / Finance)

7. Project Management Consultant Agreement (Finance)

8. Ascent Professional Services Agreement Amendment for Gateway Plan (Planning)

9. Storm Drain System Emergency Repairs and Improvements (Public Works)

PUBLIC HEARINGS

10. CIP Budget Adoption (Public Works / Engineering)

11. 1300 S. Main Street (Planning)

COMMUNITY SERVICES

12. Bay Area Air Quality Management District Presentation (Public Works)

13. Community Heroes Policy (Recreation)

Page 14 of 196 ends

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS

OPEN ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Honor military residents by selecting several at one
given month during the year for recognition with
banners displayed on Main Street Chua 3/19/2024
An update will be included in the next City
Council prioritization discussion
2 Explore options for revisions to ADU ordinance Chua 3/5/2024 An update will be included in the next City
Council prioritization discussion
3 Explore an Arts Month Event where commissioners
can exhibit their Art Chua 3/5/2024
An update will be included in the next City
Council prioritization discussion

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
4 Recognize and issue a proclamation declaring
March as National Endometriosis Month. Phan 3/5/2024
The proclamation appears on the March 19,
2024 City Council agenda.
5 Request that the Arts Commission explore
alternatives for future of statue in front of City Hall Phan 1/30/2024 An update was included in the February 20th
Council prioritization reprt.
6 Update the Commissioner Handbook to include an
option for outgoing commissioners to make
presentations to other commissions Chua 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
7 Workshop for retailers focusing on best practices
and safety with plans for quarterly sessions Chua 1/23/2024 An update was included in the February 20th
Council prioritization reprt.
8 Explore possibility of naming the County library on
Main Street Phan 1/23/2024
An update was included in the February 20th
Council prioritization reprt.
9 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item was approved to move forward as
part of the February 20th Council
prioritization
10 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
An update was included in the February 20th
Council prioritization reprt.
11 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update was included in the February 20th
Council prioritization reprt.
12 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
13 Main Street International Festival Lien 10/3/2023
An update was included in the February 20th
Council prioritization reprt.
14 Have the Police Chief direct staff to complete an
analysis in partnership with the County to
determine if it would be beneficial to have a
location where residents can pickup Narcan
Chua 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
15 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
An update was included in the February 20th
Council prioritization reprt.
16 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the February 20th
Council prioritization reprt.
17 Pickleball Pilot Project Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
18 Main Street Infrastructure Projects Montano 2/28/2023 An update was included in the February 20th
Council prioritization reprt.
19 Main Street Flooding at Library Chua 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
20 Satellite Consulate Office Montano 2/28/2023
An update was included in the February 20th
Council prioritization reprt.
21 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the February 20th
Council prioritization reprt.
22 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center
Chua 9/20/2022
An update was included in the February 20th
Council prioritization reprt.
23 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
An update was included in the February 20th
Council prioritization reprt.

NOTE: Deferred and Completed Items are not listed

Page 15 of 196 ends

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
24 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update was included in the February 20th
Council prioritization reprt.
25 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
26 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the February 20th
Council prioritization reprt.
27 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update was included in the February 20th
Council prioritization reprt.
28 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the February 20th
Council prioritization reprt.
29 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the February 20th
Council prioritization reprt.
30 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the February 20th
Council prioritization reprt.
31 Consider Community Museum and Park on Main
St. Phan 8/20/2019
to Rules Subcommittee 8/23/2019. Moved
to Specific Plan Community Conversation
events.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

NOTE: Deferred and Completed Items are not listed

Page 16 of 196 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider the Recommendation from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/2/2024
Recommendation: Receive the recommendation from Mayor Montano and approve appointments to City Commissions
Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for her consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.

Analysis:

Mayor Montano is making the following recommendations for appointment:

Senior Advisory Commission:

1. Appoint Hui Chen as Alternate No. 2 with an unexpired term ending December 2026.

All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.

Fiscal Impact:

There is no fiscal impact associated with this item.

CEQA:

The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.

Recommendation:

Receive the recommendation from Mayor Montano and approve appointments to City Commissions.

Attachments:

Commissioner Application

Page 17 of 196 ends

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Saturday, January 20, 2024 6:53:22 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Senior Advisory Commission
First Name Hui
Last Name Chen
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer
Self-employed
Other Phone Field not completed.

Business Address
(Optional)
Field not completed.

City Field not completed.

State Field not completed.

Zip Code Field not completed.

Occupation Field not completed.

Education: If Youth Field not completed.

Page 18 of 196 ends

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
Stanford University
Major Subject Statistics
Degree Ph.D.

List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization South Bay Eco Citizens
Member Secretary
Name of Organization FC Milpitas
Member Team Manager
Name of Organization Field not completed.

Member Field not completed.

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

I have genuine interest in the well-being of our community, having been nominated as "Community Hero" in 2016. I have also taken active roles in fighting special interest from invading our city. I have led with compassion and withstood personal sacrifice for the community. The seniors are one of the most vulnerable population and they need someone with compassion and strong responsibility to look out for them. I would be the right person to serve on the Senior Advisory Commission.

Upload a File Field not completed.

Date 1/20/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Page 19 of 196 ends

Name Hui Chen
Email not displaying correctly? View it in your browser.

Page 20 of 196 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Releasing Unclaimed Checks with a Value Less than $15.00 in the Aggregate Amount of $141.91 (Staff Contact: Gabrielle Tsang, Acting Finance Director/Risk Manager, 408-586-3131)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/2/2024
Recommendation: Adopt a resolution releasing unclaimed checks with a value less than $15.00 and transfer a total of $141.91 in unclaimed checks to the General Fund.

BACKGROUND:

According to the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055, unclaimed checks, and credits of less than $15, or any amount if the depositor’s name is unknown, which remain unclaimed for more than one year may be transferred to the General Fund by authorization of the City Council.

ANALYSIS:

The City has 16 unclaimed checks of less than $15 in the aggregate amount of $141.91 related to Refund of overpayment of Business License or Recreation Activity Fees on classes offered by Recreation Community Services Department. All the funds listed in Exhibit A of the attached resolution are older than February 2023 and remained unclaimed for more than one year. Consistent with SOP No. 26-1, staff recommends that Council adopt a resolution authorizing the transfer of the unclaimed checks amount to the General Fund.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the proposed recommendation to release Unclaimed Checks.

Pros: None
Cons: Compliance the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which in turn conforms with California Government Code Section 50055.

Reason for Not Recommending: Considering the transfer to the General Fund of the Unclaimed Checks which remain unclaimed for more than one year is in accordance with the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055.

FISCAL IMPACT:

The recommended action will increase the General Fund revenues by $141.91 in FY23-24.

California Environmental Quality Act (CEQA):

The action being considered is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity without a commitment to any project that would result in a potentially significant impact on the environment.

RECOMMENDATION:

Adopt a Resolution Releasing Unclaimed Checks with a Value less than $15 and Transfer a total of $141.91 in Unclaimed Checks to the General Fund.

Attachment(s):
(a) Resolution;
(b) Exhibit A – Finance Operation Accounts Unclaimed Checks of less than $15 and one year or older

Page 21 of 196 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

RELEASING UNCLAIMED CHECKS AND CREDITS
WHEREAS, the checks and credits on the list attached hereto as Exhibit A have been outstanding and unclaimed for more than one year; and
WHEREAS, the amounts on the checks and credits on the list attached hereto as Exhibit A are each less than $15, or for an amount in which the depositor’s name is unknown.

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

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

2. The total amount of $141.91 of the unclaimed checks on the list attached hereto as Exhibit A shall be transferred to the General Fund in FY23-24, in accordance with Section 50055 of the California Government Code.

PASSED AND ADOPTED this on ______ day of ________, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

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

Michael Mutalipassi, City Attorney

Page 22 of 196 ends

Check No.

Date
Amount
408061
12/2/2022

5.49 $

406541
8/26/2022

6.30 $

404774
5/20/2022

6.50 $

406906
9/16/2022

6.64 $

404889
5/27/2022

7.40 $

407444
10/21/2022

8.11 $

407779
11/10/2022

8.11 $

404772
5/20/2022

8.70 $

404875
5/20/2022

10.00 $

404574
5/6/2022

10.15 $

406947
9/23/2022

10.25 $

407004
9/23/2022

10.25 $

407048
9/23/2022

10.25 $

405452
6/30/2022

10.86 $

404235
4/15/2022

11.08 $

405717
7/15/2022

11.82 $

TOTAL
141.91
$

- Amount Less Than $15.00
- No Later than February 2023
Exhibit A

UNCLAIMED CHECKS

Page 23 of 196 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Site Development Permit to Develop a New Two-Story Single-Family Residence on a Vacant 2.3-Acre Lot Located in the R1- H Single-family Residential Zoning District with a Hillside Combining District at 500 Vista Spring Court (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Category: Consent Calendar-Community Development
Meeting Date: 4/2/2024
Recommendation: Consider the exemption in accordance with CEQA and adopt a resolution approving Site Development Permit No. SD23-0005 to allow the development of a new single- family residence at 500 Vista Spring Court, subject to the attached Conditions of Approval.

BACKGROUND:

On October 13, 1982, “Tract No. 6744” was filed for recordation in the Office of the Recorder of the County of Santa Clara, State of California. Tract Map No. 6744 created 26 lots, known as the Spring Valley Heights subdivision, with Lots 1-25 ranging in size from approximately 1.0 acre to 5.0 acres. Lot 26 was designated as a “Common Area” and contains approximately 45.6 acres. Subsequently, Tract Map 6744 was amended twice.

On February 27, 1986, a lot line adjustment altered the boundaries of lots 1, 4, 5, 16, and 26. On April 8, 1988, Tract Map 6744 was further amended to include the elimination of all building envelopes previously recorded on lots 1-25, modifications to easements on lots 7, 18, and 20, and the requirement for a geologic considerations analysis for all future developed lots. Lot 24 is addressed as 500 Vista Spring Court. The lot has remained vacant since the subdivision was approved in 1982. Lot 21 in this Hillside subdivision is currently undeveloped but was recently approved through Planning Commission Resolution No. 23-019.

On February 14, 2023, Michael R. Tom, of Phantom Architecture, submitted a Site Development Permit to develop a new 5,963-square foot, two-story single-family residence on a vacant 2.3-acre lot located at 500 Vista Spring Court. The zoning designation for this property is Single-Family Residential (R1) with a Hillside (H) Combining District. Per Milpitas Municipal Code (MMC) Section XI-10-45.09-2, no building permit shall be issued for the construction or expansion of a single-family structure in the Hillside (H) Combining District until such structure has received a site and architectural review approval by the Planning Commission and City Council.

On February 28, 2024, the Planning Commission held a duly noticed public hearing on this item and voted unanimously (6-0, one absent) to recommend that the City Council approve the project. A copy of Planning Commission Resolution No. 24-008 is attached to this report.

ANALYSIS:

Planning staff recommends that the City Council review and approve a resolution to allow the development of a single-family residence, attached garages, and associated improvements on a vacant lot located at 500 Vista Spring Court. The project site is located near the southeastern edge of the City of Milpitas, adjacent to properties with the same single-family hillside zoning designation. Unincorporated Santa Clara County properties are located further south.

The project design was influenced by incorporating western country living with the natural hillside vista, in consideration of the existing natural slope constraints of the lot, described further under the Grading and Landscaping subsections of Attachment b. The architectural design adds to the neighborhood’s diversity of housing stock and received preliminary approval by the Spring Valley Heights Architectural Review Committee in January of 2024. The home incorporates a mixture of high-quality, rustic board and batten siding and earth tone materials including stone and window wall accents. Articulating the architectural forms and blending them with various finishes creates an attractive, modern exterior façade. Large windows are provided throughout the residence to frame views and provide opportunities for extensive natural lighting.

Page 24 of 196 ends

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

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

The incorporation of sloped rooflines has minimized the perception of excessive bulk, a clear delineation of colors and materials, and the punctuation of walls along the front and side elevations. The proposed maximum height of the residence at 27 feet is within the 27-feet height limit, and all required building setbacks will meet or exceed the minimum standards to help mitigate potential impairment of light and air. Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the driveway is proposed on stilts, which requires considerably less grading than having the driveway on finished grade. The Project is therefore anticipated to result in approximately 465 cubic yards of excavation.

Approximately 416 cubic yards of fill will be reused for the area outside the building footprint, and only 49 cubic yards will be exported offsite. As noted earlier in the report, the Planning Commission recommended Council approval of the project based on the required findings for approval.

POLICY ALTERNATIVE(S):

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

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

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

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

FISCAL IMPACT:

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

Page 25 of 196 ends

California Environmental Quality Act (CEQA):

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

As a separate and independent basis, the project is exempt from further CEQA review pursuant to Section 15183 of the CEQA Guidelines for projects consistent with a community plan, General Plan, or zoning. The project is consistent with the General Plan and the applicable zoning, and there are no significant environmental impacts peculiar to the project or its site.

RECOMMENDATION:

Consider the exemption in accordance with CEQA and adopt a resolution approving Site Development Permit No. SD23-0005 to allow the development of a new single-family residence at 500 Vista Spring Court, subject to the attached Conditions of Approval.

Attachments:
(a) Draft City Council Resolution
(b) Planning Commission Staff Report dated February 28, 2024 (c) Planning Commission Resolution No. 24-008
(d) Project Plans

Page 26 of 196 ends

RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD23-0005 TO DEVELOP A NEW HILLSIDE HOME LOCATED ON A VACANT 2.3-ACRE SITE AT 500 VISTA SPRING COURT (APN: 042-30- 021) AND MAKING CEQA FINDINGS OF EXEMPTION
WHEREAS, on February 14, 2023, an application was submitted by Michael R. Tom of Phantom Architecture (“Applicant”), for a development proposal to allow the development of a 5,963 square-foot, two- story single-family residence (“Project”) on a vacant 2.3-acre site at 500 Vista Spring Ct. (APN: 042-30-021).

The Project site is zoned Single Family Residential - Hillside; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and
WHEREAS, on February 28, 2024, the City of Milpitas Planning Commission held a duly-noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project, and the Planning Commission unanimously (6-0, one absent) recommended approval of the Project to the City Council subject to Conditions of Approval per Planning Commission Resolution No. 24-008; and NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:

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

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

SECTION 3: Site Development Permit Findings (Section XI-10-57.03(F)(1)) The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD23-0005:

Page 27 of 196 ends

Resolution No. ____
2 1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

As described within the staff report, the development’s architectural design and site planning are aesthetically compatible with the neighboring properties, and the on-site grading plan minimizes changes to the natural topography. The proposed single-family residence incorporates earth tone colors and materials that complement both the site and existing neighborhood. The new residence will be located on a pentagonal, down sloping lot where the primary structure is situated on the flattest portion of the lot. The Project will have two floor and outdoor amenities including an in-ground pool that are terraced down into the hillside towards the middle-rear portion of the lot. The layout of the residence, together with the natural sloped topography of the lot, maximizes privacy for the homeowners and minimizes views into adjacent properties. The home will also be built within its size limitations per the Hillside Zoning Ordinance.

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

Table 1 demonstrates the Project’s consistency with the applicable development standards of the R1-H Zoning District per Section XI-10-45 – “H” Hillside Combining District of the Milpitas Zoning Ordinance, including setbacks, height requirements, maximum impervious surface coverage, and parking. The Project will be consistent with fencing and grading requirements with Planning Commission approval of the fence exceptions per MMC XI-10-54.10(D)(4)(a) and the grading plan per MMC XI-10-45.18(b).

Table 1: Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%. Otherwise,
40 ft. minimum
47 ft. 9 in. (Avg. slope
of lot is 30%) Yes
Side Yard Setback 40 ft. minimum 44 ft. 7 in. Yes
Rear 40 ft. minimum >131 ft. Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 5,963 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum (lots
< 3 acres) 9,369 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
< 27 ft. Yes
Parking Four spaces required Six spaces (four inside
garage & two outside) Yes
Fence Height and
Materials
Height: 54 inches (4.5 ft.)
Material: Wood
(exceptions allowed for
metal fences)
Height: 3.5-ft along
driveway
Material: metal
guardrails with metal
posts
Yes, Approved
by Planning
Commission per
MMC XI-10-

54.10(D)(4)(a)
Grading
Grading plans greater than
500 cubic yards (cy), but
less than 1,500 cy requires
Cut: 465 cy
Fill: 416 cy
Export: 39 cy
Yes, approved
by Planning
Commission per

Page 28 of 196 ends

Resolution No. ____
3 Standards Hillside & PUD 68
Requirements
Proposed Complies
Planning Commission
approval
MMC XI-10-

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

Table 2: Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
(a) Avoid unreasonable
interference with Views and
Privacy. The height, elevations and
placement on the site of the
proposed main or accessory
structure, when considered with
reference to the nature and location
of residential structures on
adjacent lots, will avoid
unreasonable interference with
views and privacy.

Consistent. Due to the proposed location and minimal
scale of the home in consideration of its maximum
allowable size outlined in Table 4, the development will not substantially interfere with views and privacy to
adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story height limit at 27 feet at its tallest point, and substantially setback from adjacent residences to the south, east, and west, which minimizes interference with views and privacy. Project plan sheet A10 shows the proximity of the subject lot in relationship to adjacent lots and residential structures.

Additionally, the subject property is located on a 2.3-acre interior lot and adjacent residences are also setback from the street and have privacy landscaping surrounding the lots. New proposed landscaping and metal fencing for the Project if the Planning Commission approves the fence
material exception per MMC XI-10-54.10(D)(4)(a) will
also provide additional privacy screening.
(b) Preserve Natural Landscape.

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

Consistent. The Project site is currently vacant and
contains a few trees and is covered with low lying grass and a few shrubs. The existing trees will remain and the house is designed to follow the natural downsloping
contour of the lot and step down into the hillside. As a result, the approximate amount of excavation is minimized to 465 cubic yards. Approximately 416 cubic yards of this excavated soil will be repurposed, and the remaining 49 cubic yards of the soil will be exported.
(c) Minimize Perception of
Excessive Bulk. The design of the
proposed main and /or accessory
structure(s) in relation to the
immediate neighborhood should
minimize the perception of
excessive bulk.

Page 29 of 196 ends

Resolution No. ____
4 Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
windows, and a gray composite asphalt shingle roof. As demonstrated by Materials Sheet A09 in Attachment B
(Project Plans), the 3D renderings show the new residence with its earth-toned proposed colors and materials that brings together the natural hillside topography of the lot. (d) Impairment of Light and Air.

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

Furthermore, the lot to the north is on a lower elevation than the subject lot, and the residences to the south are on a higher elevation as demonstrated on Project plan sheet A10. All neighboring residences are setback substantially from the proposed new residence. As such, the proposed Project will not cause an impairment to the adjacent
properties access to light and air.
(e) Grading. All grading shall be
kept to an absolute minimum and
shall comply with the grading
ordinance criteria.

Consistent. As design, the proposed location of the new residence will have both floors and associated accessory structures step down into the downsloping lot around the middle portion of the lot, which minimized grade and
complies with the Hillside grading criteria. This design minimized grading to 465 cubic yards of excavation and
416 cubic yards of fill, for a net 49 cubic yards of exported grading.

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

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

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

Consistent. The proposed Project will not impact the visual character of the hillside from the valley floor or other viewpoints as the Project site is located over a half mile east of the crestline and the new residence will be shielded by an existing hill when viewed from the valley floor. Project plan sheets A06, A07, and A08 illustrate how the proposed
residence will not obstruct panoramic public views from and of the hillsides.

CD 7-2 Minimize the alteration of
existing landforms and maintain the
Consistent. The proposed Project is designed to terrace down with the existing slope of the lot, rather than create a new mass

Page 30 of 196 ends

Resolution No. ____
5 natural topographic characteristics
of the hillside areas, allowing only
minimal disruption.
graded flat pad site. As viewed from Vista Spring Ct. and demonstrated with renderings on Project plan sheet A30
(Attachment B), the new residence and roof lines will visually appear as sloping downward with the lot. This proposed design, considering the steep downhill nature of the existing topography, will limit the excavation to 465 cubic yards and fill to 416 cubic yards, with 49 cubic yards to be exported offsite. As such, the proposed Project is consistent with Policy CD 7-2, as the new two-story residence and accessory
structures are designed to step-down and flow with the
existing downsloping topography of the lot and does not require mass alteration of the existing landform.

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

Consistent. The proposed new residence is designed to
protect the natural character of the steeply sloped lot by having two floors blend with the natural topography. All new contours will be designed to blend with the natural existing site contours as demonstrated in the civil drawings in the plan set. By designing the driveway on stilts, no additional grading is required, while maintaining the natural contours of the existing lot.

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

Grading has been substantially minimized in the Project as a result, in that the siting follows the site’s natural contours to preserve the natural terrain quality.

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

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

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

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

SECTION 4: City Council Approval
Based on the foregoing, the City Council hereby approves Site Development Permit No. SD23-0005 to allow the construction of a new single-family residence in the R1-H Single-family Residential Zoning

Page 31 of 196 ends

Resolution No. ____
6 District with an H Hillside Combining District located at 500 Vista Spring Court, based on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 and incorporated herein.

PASSED AND ADOPTED this 2nd day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

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

Michael Mutalipassi, City Attorney
EXHIBIT 1
SITE DEVELOPMENT PERMIT NO. P-SD23-0005
500 VISTA SPRING CT (APN 042-30-021)
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD23-0005 in accordance with Section X1-10-45.09 and XI-10-57.03 of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Site Development Permit entitlement is to allow the issuance of building permits for the proposed development of a 5,963-square foot, two- story residence, up to two stories in height, with a 1,130-square foot attached garage (“Project”) on a vacant 2.3-acre hillside lot located within the R1-H Single-family Residential Hillside Zoning District at 500 Vista Spring Court (APN: 042-30- 021), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

1. General Compliance. The applicant and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD23-0005 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below- enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office. (P)

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

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

Page 32 of 196 ends

Resolution No. ____
7 a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

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

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

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

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

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

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

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

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

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

Page 33 of 196 ends

Resolution No. ____
8 14. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)

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

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

17. Development in Conformance with Approved Plans: Permittee shall develop the approved project in conformance with the approved plans approved by the Planning Commission on February 28, 2024, in accordance with these Conditions of Approval. (P)
Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

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

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

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

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

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

23. The proposed home is located east of the Crestline and is subject to a maximum height of 2 stories or 27 feet. (P)

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

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

26. 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)
Fire Department
The plans approved by the Planning Department process are not building plans and have not been reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). Do not consider this set of plans as final building plans approved by the Fire Department. Building plans must be submitted for review and approval before construction is to commence. The following notes are a general list of the applicable code requirements (2022) and are provided to assist with the building permit process. Please note that these

Page 34 of 196 ends

Resolution No. ____
9 are not all inclusive. All applicable Building, Fire and Municipal Code requirements must be met in advance of any building permit approvals or related construction.

27. 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 106.2.1, added by MMC Section V-300-2.28, and CFC Section 106.1.1

28. Automatic Fire Sprinkler Requirements. An automatic sprinkler system shall be provided throughout the new dwellings (main and guest), inclusive of basements and garages. Milpitas Municipal Code Section V-300-2.69, CFC Section 903.2.8

29. Fire Department Access. Sheets A11 show an acceptable Fire Dept. apparatus access. Driveway is not part of the fire apparatus access road. 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. 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 75,000 lbs bearing capacity for the fire apparatus. CFC Section 503.2.3, D102.1
c. 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 d. 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 506

30. 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

31. Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B.
a. Fire flow data based on the 5,963 square foot type VB building total area provided, a minimum requirement of 1,000gpm at a minimum 20 psi for a 1 hour flow duration. Table B105.1(1) and B105.1(2) for hydrant. Available fire flow shall be taken into consideration when designing the fire sprinkler system.

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 m) 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. While in the plans the hydrant is still not shown in its actual location, on building permitting site plans shall show the correct location. a. 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.

34. R Occupancy – Smoke Alarm. Single- and multiple-station smoke alarms. Listed single- and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.7 and NFPA

72. a. Exception: For Group R occupancies. A fire alarm system with smoke detectors located in accordance with this section may be installed in lieu of smoke alarms. Upon actuation of the detector, only those notification appliances in the dwelling unit or guest room where the detector is actuated shall activate. [Ref.: CFC 907.2.10]

Page 35 of 196 ends

Resolution No. ____
10 Building Department

35. 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)

36. Modifications: The Site Development Plan dated November 30, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

37. 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.

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

PRIOR TO BUILDING PERMIT ISSUANCE
The following conditions shall be addressed 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. Easements on the Building Permit Plans: Permittee shall depict all existing easements to remain based upon current preliminary title report and depict new easements on applicable building permit plans.

40. 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.

41. 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.

42. Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “h” are based upon current fee rates; however, those fee rates are subject to change. The exact fee amount shall be determined at the time of building permit fee payment.
a. Water connection fee at $1,164/unit for residential, based upon increased water usage. b. 3.8% of applicable fees in accordance with City Resolution No. 8969 as Permitting Automation Fee.

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

DURING CONSTRUCTION

Page 36 of 196 ends

Resolution No. ____
11 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)

44. 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.

45. 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.

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.

46. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance. (P) = Planning
(B) = Building
(E) = Engineering
(F) = Fire Prevention
(CA) = City Attorney

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

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

Dated: _________________ ______________________________________ Signature of Permittee

Page 37 of 196 ends

AGENDA X-1

MILPITAS PLANNING COMMISSION

STAFF REPORT
February 28, 2024
APPLICATION: NEW HILLSIDE RESIDENCE – Site Development Permit No. SD23-0005 – A Site Development Permit to develop a 5,963- square foot, single-family residence, up to two stories in height, with a 1,130-square foot attached garage on a vacant 2.3-acre hillside lot located in the R1-H Single-family Residential Hillside Zoning District at 500 Vista Springs Ct. The project includes a detached 183-square foot pool house, in-ground pool, landscaping, and associated site improvements.

RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 24-008, approving and recommending approval of Site Development Permit SD23-0005 to the City Council, subject to the attached Conditions of Approval.

LOCATION:

Address/APN: 500 Vista Springs Ct. (APN 042-30-021)
Area of City: North of Vista Springs Court
PEOPLE:

Project Applicant: Michael R Tom, Phantom Architecture
Property Owner(s): Sokmean Nuon
Project Planner: Randy Baez, Associate Planner
LAND USE:

General Plan Designation: Hillside Low-Density (HLD)
Zoning District: Single Family Residential-Hillside (R1-H) Site Area: 2.3 acres

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

EXECUTIVE SUMMARY
The applicant is requesting a Site Development Permit to construct a 5,963-square foot, two-story single-family residence with a 1,130-square foot attached garage on a 2.3-acre vacant hillside lot (the “Project”). The proposed Project includes a detached 183-square foot pool house, in-ground pool, landscaping, and associated site improvements. Map 1 demonstrates the location of the vacant lot, and Map 2 demonstrates the subject site and neighboring zoning designation.

Page 38 of 196 ends

Page 2 of 15 ends

Map 1 - Project Location

Map 2 - Zoning Map
Project Site
Project Site

Page 39 of 196 ends

Page 3 of 15 ends

BACKGROUND
History
On October 13, 1982, “Tract No. 6744” was filed for recordation in the Office of the Recorder of the County of Santa Clara, State of California. Tract Map No. 6744 created 26 lots, known as the Spring Valley Heights subdivision, with Lots 1-25 ranging in size from approximately 1.0-acre to

5.0-acres. Lot 26 was designated as a “Common Area” and contains approximately 45.6 acres.

Subsequently, Tract Map 6744 was amended twice. On February 27, 1986, a lot line adjustment altered the boundaries of lots 1, 4, 5, 16, and 26. On April 8, 1988, Tract Map 6744 was further amended to include the following:
•the elimination of all building envelopes previously recorded on lots 1-25, •modifications to easements on lots 7, 18, and 20, and
•requiring a geologic considerations analysis for all future developed lots.

Lot 24 is addressed as 500 Vista Springs Ct. The lot has remained vacant since the subdivision was approved in 1982. Lot 21 in this Hillside subdivision is currently undeveloped but was recently approved through Planning Commission Resolution No. 23-019.

The Application
The following is a summary of the applicant’s request:
•Site Development Permit: To allow the development of a 5,963-sq. ft., two-story single- family residence with a 1,130-square foot attached garage on a 2.3-acre vacant lot within the hillside. The proposal also includes a 183-square foot detached pool house, in-ground pool, landscaping, and associated site improvements.

Process
In addition to satisfying the substantive and procedural requirements typically applicable to a Site Development Permit, the application must be considered by both the Planning Commission and the City Council due to the Project’s location within the Hillside Combining District (“H”) (Milpitas Municipal Code Section XI-10-45.09) for conformance with the Hillside Site and Architectural Guidelines.

PROJECT DESCRIPTION
Overview
The applicant is requesting a Site Development Permit to construct a two-story, single-family residence with six bedrooms, an office/den, and six and a half bathrooms. The proposed Project also includes a detached, 183-square foot pool house. In total, the new residence will have 4,833 - sq. ft. of habitable space.

The first floor, totaling approximately 3,252 square feet will include the following: mud room, pantry, living room, dining room, kitchen, three bedrooms, three and a half bathrooms, and two attached two-car garages. Four additional onsite uncovered parking stalls will be located on the primary driveway. In total, eight onsite parking stalls are proposed.

Page 40 of 196 ends

Page 4 of 15 ends

The second floor will contain three bedrooms, two and a half bathrooms, and a 122-sq. ft. deck.

An interior staircase and elevator will provide access between both floors. Other proposed accessory structures include a deck and in-ground pool in the rear yard, and a 183-sq. ft. detached pool house. A permeable patio area will be provided just southwest of the main residence.

Fence Height and Material Exception Request per MMC XI-10-54.10(D)(4)(a) Per MMC XI-10-54.10(D), fences and walls within the Hillside District that do not require additional City review must meet all of the following requirements:
•Height: Limited to 54-inches (4.5-feet)
•Design: Must be an openwork design, comprised of materials which results in a minimum of 75% visual transparency within every square foot area, posts excluded. Chain link fences and cyclone type fences are not considered an approved material in the area. •Materials: All fence post and supporting framework material to be wood.

However, applicants can obtain an exception to the aforementioned requirements as outlined per MMC XI-10-54.10(D)(4)(a), which allows the Planning Commission to approve fences beyond the 4.5-feet height limit at the side and rear yards, or fences of a different material or design with a Site Development Permit in the Hillside District.

As part of this Site Development Permit (P-SD23-0005) application, the applicant is requesting the Planning Commission consider a fence exception for the Project regarding the proposed materials. The proposed fence includes a driveway guard railing with unique patterned metal panels at a maximum of 3.5-feet in height. The proposed railing will still be a minimum of 75% transparency within every square foot area, posts excluded. The material exception is requested due to the extreme slope of the site, which requires the proposed driveway to be above grade. The proposed railing will serve as a necessary safety precaution for vehicles accessing the site. See Sheet A09 of Attachment B for fence details. All other Hillside District fencing requirements are met.

Location and Context
The Project site is in the eastern portion of the hillside area of the City on an undeveloped 2.3-acre parcel along Vista Spring Court. The subject property and all neighboring properties are zoned Single-Family Residential-Hillside. Unincorporated Santa Clara County properties are located further from the Project site to the north and east. The following table provides a summary of the Zoning and Land Uses surrounding the site.

Table 1:

Surrounding Zoning and Land Uses
General Plan Zoning Existing Use
Subject
Site
Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Vacant
North Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Single-family home

Page 41 of 196 ends

Page 5 of 15 ends

South Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Single-family home
East Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Single-family home
West Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Single-family home
Site & Architectural Design
The Project design was influenced by incorporating western country living with the natural hillside vista, in consideration of the existing natural slope constraints of the lot, described further under the Grading and Landscaping subsection below. The architectural design adds to the neighborhood’s diversity of housing stock and received preliminary approval by the Spring Valley Heights Architectural Review Committee in January of 2024.

The new residence will be located on a pentagonal, downsloping lot where the primary structure is situated on the flattest portion of the lot. The Project will have two floors and outdoor amenities, including an in-ground pool that is terraced down into the hillside towards the middle-rear portion of the lot. The layout of the residence, together with the natural sloped topography of the lot, maximizes privacy for the homeowners and minimizes views into adjacent properties.

The home incorporates a mixture of high-quality, rustic board and batten siding and earth tone materials including stone and window wall accents. Articulating the architectural forms and blending them with various finishes creates an attractive, modern exterior facade. Large windows are provided throughout the residence to frame views and provide opportunities for extensive natural lighting.

The overall color scheme of the residence will have shades of beige and gray. The exterior materials include painted cement stucco with “Hewn Stone” brick veneer along portions of the home, gray board and batten wood siding accents, and bronze colored fiberglass window frames with insulated glass. The roof material will also match the gray brick veneer with composite asphalt shingles. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials proposed are complementary to the character of the rural, neighboring residences. A visual rendering with the materials and colors is demonstrated on Sheet A09 in Attachment B (Project Plans).

Grading and Landscaping
The existing lot has an average slope of 30 percent. Due to the steep slopes and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In order to limit the amount of grading, the applicant designed the two-story residence to have two terraced floors stepping down into the existing downhill topography. The Project is anticipated to result in approximately 465 cubic yards of excavation.

Approximately 416 cubic yards of fill will be reused for the area outside the building footprint, and 49 cubic yards will be exported offsite. Attachment B (Project Plans) demonstrates the preliminary grading plan on Sheet C-1.0 and is consistent with the grading requirements within

Page 42 of 196 ends

Page 6 of 15 ends

the Hillside Ordinance. Specifically, the design standards and requirements outlined in MMC

45.18-3 as demonstrated in Table 2 below:

Table 2:

Hillside Combining District Grading Requirements
Design Standards and Requirements Conformance
a. Grading will "blend" in with the natural land
forms and native vegetation to the maximum extent
feasible.

Consistent. The proposed grading will
blend with the natural grading on-site
where structures and impervious surfaces
are proposed.
b. No grading cut or embankment with a slope
greater than three (3) feet horizontal to one (1)
foot vertical shall be located adjacent to a publicly
maintained right-of-way. The applicant shall
provide suitable guarantees, satisfactory to the
Planning Commission, for landscaping and
perpetual maintenance, at no cost to the City, of
all slopes greater than fifteen (15) feet in total
elevation.

Consistent. No grading cut or
embankment with a slope greater than
three (3) feet horizontal to one (1) foot
vertical is proposed adjacent to a publicly
maintained right-of-way.
c. Within six (6) 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.

Consistent. Will be added as a condition
of approval and will be considered during
Building plan check review of the grading
permit and final inspections by the
Planning Department.
d. Landscaping coverage and stabilization of
graded slopes shall be selected and designed to be
compatible with surrounding natural vegetation or
to replace removed natural vegetation and should
recognize climatic, soil and ecologic
characteristics of the region. Plant materials that
require excessive water after becoming
established should be avoided. (Refer to
illustrations.)
Consistent. All proposed landscaping is
selected and designed to be compatible
with surrounding natural vegetation and
has been approved by the local
Homeowner’s Association for
compatibility. The proposed landscaping
will also be drought-tolerant and will be
compatible with City Council Resolution
6066.
e. Trees which have a six (6) inch or greater
diameter trunk size at a point three (3) feet above
grade should not be removed. The location of all
such trees shall be shown on all plans submitted
for approval. The Planning Commission, upon
review of an "S" Zone application approval, shall
have the power to authorize removal, relocation or
replacement if the applicant can show that such
Consistent. No trees which have a six (6)
inch or greater diameter trunk size will be
removed.

Page 43 of 196 ends

Page 7 of 15 ends

Design Standards and Requirements Conformance
requirement is unreasonable as applied to the
particular property. If the removal is permitted,
the replacement of any trees removed pursuant to
this Section shall be at a five to one (5:1) ratio.
f. The overall shape, height, grade or any cut-or-
fill slopes shall be developed in concert with
existing natural contours and scale of the natural
terrain of a particular site. (Refer to illustrations.) Consistent. The overall shape, height,
grade or any cut-or-fill slopes shall be
developed in concert with existing natural
contours and scale of the natural terrain of
the project site.
g. Where two cut-or-fill slopes intersect, the
intersection shall be horizontally rounded and
blended. (Refer to illustrations.)
Consistent. The project site slopes
downward throughout the site and all
slopes shall be rounded and blended.
h. Where any cut-or-fill slopes intersect the
natural grade, the intersection of each slope shall
be vertically and/or horizontally rounded and
blended with the natural contours so as to present
a natural slope appearance. (Refer to
illustrations.)
Consistent. Staff has reviewed the
preliminary grading plan and has
conditioned the project to have rounded
and blended slopes to match the natural
contours of the site.
i. Provide sites which fit into the terrain and allow
for minimal amount of grading. Grading of any
area of a site with a natural slope greater than
forty (40) percent shall be prohibited.

Consistent. The project site has a slope
no greater than forty (40) percent.
j. Stepped building foundations shall be required
to minimize grading on building pads. (Refer to
illustrations.)
Consistent. The project site has stepped
foundations into the hillside and will limit
cut and fill to a net export of 39 cubic
yards.
k. Streets shall be designed to generally follow the
natural contours and land form in order to
minimize cut and fill. Exposed walls and fences
facing roadways and retaining walls shall be no
greater than six (6) feet in height. Crib walls
fencing roadways shall be no greater than fifteen
(15) feet in height. (Refer to illustrations.)
Consistent. The project site does not
contain any public or private streets.

Furthermore, the tallest retaining wall on-
site is no more than five (5) feet in height.
z. Structures shall be designed to fit with the
contours of the hillside and relate to overall form
of the terrain. Structures shall be designed to fit
into the hillside rather than altering the hillside to
fit the structure. (Refer to illustrations.)
Consistent. The project structures are
stepped into the hillside to limit grading.

The proposed driveway stilts will also
limit grading otherwise significant fill
and retaining walls would be required.

Page 44 of 196 ends

Page 8 of 15 ends

Due to the significant slope of the site, the driveway is proposed to be built on stilts and will have a steel guard rail along the edges. The driveway is approximately 90-feet long, 39 feet and 4 inches wide at the widest point, and follows the downhill sloped terrain leading to the two attached two- car garages. The applicant worked closely with the Milpitas Fire Department to find alternatives for adequate firetruck access for the new residence, as the slope of the primary driveway is too steep for firetrucks. Through collaborative meetings with City staff, the applicant was able to identify alternatives including a fire access path along the northeastern and southeastern edge of the project site. The Fire Department reviewed the proposed site plan on Sheet A11 of the Project plans (Attachment B) and provided preliminary approval with conditions of approval, which have been incorporated into the proposed Project’s resolution (Attachment A).

The existing lot contains a few trees and is covered with low lying grass and a few shrubs. The Project will incorporate landscaping improvements throughout the site with drought tolerant and low-water use plants from the Hillside Landscaping Ordinance and a California native erosion control seed mix to further stabilize the hillside lot, in conformance with the grading/landscaping requirements within the Hillside Ordinance. Five new trees and a mix of shrubs are proposed, as shown in the landscaping plans (Sheet L01) of the Project plan (Attachment B). The proposed landscaping improvements will also provide additional privacy screening for the new residence.

PROJECT ANALYSIS
General Plan and Zoning Conformance
Milpitas General Plan 2040
The General Plan land use designation of the Project site is Hillside Low Density (HLD).

Topography within this designation is characterized by gentle to steep slopes, grassy terrain with some chaparral trees, wildlife, and geologically unstable areas. The HLD designation was created to ensure safe, appropriate development that preserves the natural hillside ambiance. All development in the hillside area is low-density, in scale with other single-family residences, and rural in nature. As designed, the Project is in conformance with the policies and standards in the City’s General Plan, as demonstrated in the following table.

Table 3:

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

Consistent. The proposed Project will not impact
the visual character of the hillside from the valley
floor or other viewpoints as the Project site is
located over a half mile east of the crestline and
the new residence will be shielded by an existing
hill when viewed from the valley floor. Project
plan sheets A06, A07, and A08 illustrate how the
proposed residence will not obstruct panoramic
public views from and of the hillsides.

Page 45 of 196 ends

Page 9 of 15 ends

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

Consistent. When designing the new residence,
the applicant considered the existing site
constraints and the City’s Hillside regulations in
order to minimize significant grading on the lot.

The new residence and accessory structures are
designed to terrace down with the existing slope
of the lot, rather than create a new mass graded flat
pad site. As viewed from Vista Springs Ct. and
demonstrated with renderings on Project plan
sheet A30 (Attachment B), the new residence and
roof lines will visually appear as sloping
downward with the lot. This proposed design,
considering the steep downhill nature of the
existing topography, will limit the excavation to
465 cubic yards and fill to 416 cubic yards, with
49 cubic yards to be exported offsite. As such, the
proposed Project is consistent with Policy CD 7-
2, as the new two-story residence and accessory
structures are designed to step-down and flow
with the existing downsloping topography of the
lot and does not require mass alteration of the
existing landform.

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

Consistent. The proposed new residence is
designed to protect the natural character of the
steeply sloped lot by having two floors blend with
the natural topography. All new contours will be
designed to blend with the natural existing site
contours as demonstrated in the civil drawings in
the plan set. By designing the driveway on stilts,
no additional grading is required, while
maintaining the natural contours of the existing
lot.

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

Consistent. The subject lot contains steep slopes
and the Project does not propose mass graded flat
pads to accommodate the new residence. The
applicant chose to design the new two-story
residence on the flattest portion of lot to match the
existing natural topography of the lot. Grading has
been substantially minimized in the Project as a
result, in that the siting follows the site's natural
contours to preserve the natural terrain quality.

CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the
environmental constraints are adequately
Consistent. No changes are proposed to the
existing land use and zoning designation for the
subject site to be used as a single-family residence.

Page 46 of 196 ends

Page 10 of 15 ends

Policy Conformance
addressed especially with respect to
runoff and erosion.

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

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

Consistent. The proposed Project’s building
design and earth tone materials and colors will
blend into the rural environment and includes a
roof design that follows the existing slope of the
lot, thereby reducing the massing and scale of the
new two-story residence. The exterior facade will
include materials such as gray board and batten
siding, beige stone veneer, bronze fiberglass
windows, and a gray composite asphalt shingle
roof. As demonstrated by Materials Sheets A09 in
Attachment B (Project Plans), the 3D renderings
show the new residence with its earth-toned
proposed colors and materials that bring together
the natural hillside topography of the lot.

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

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

Per Milpitas Municipal Code Section XI-10-45.17-3, the subject parcel is less than 3.0-acres, which allows for the smallest maximum size for the main residence and the least amount of impervious surface coverage compared to parcels over this acre threshold. The Project applicant chose to conform to development standards within its maximum limitations. Table 4 demonstrates the Project’s consistency with the applicable development standards of the R1-H zone.

Page 47 of 196 ends

Page 11 of 15 ends

Table 4:

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

Otherwise, 40 ft.
minimum
47 ft. 9 in. (Avg.
slope of lot is
30%)
Yes
Side Yard Setback 40 ft. minimum 44 ft. 7 in. Yes
Rear Yard Setback 40 ft. minimum > 131 ft. Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 5,963 sq. ft. Yes
Impervious Surfaces 10,000 sq. ft. maximum
(lots < 3 acres) 9,369 sq. ft. Yes
Building Height
(maximum) 27 ft. east of crestline 27 ft. Yes
Parking Main Residence - Five
spaces required
Six spaces (four
inside garage &
two outside)
Yes
Fence Height and
Materials
Height: 54 inches (4.5 ft.)
Material: Wood
(exceptions allowed for
metal fences)
Height: 3.5-ft
along driveway
Material: metal
guardrails with
metal posts
Yes, with Planning
Commission
approval of a fence
exception per MMC
XI-10-

54.10(D)(4)(a)
Grading
Grading plans greater than
500 cubic yards (cy), but
less than 1,500 cy requires
Planning Commission
approval
Cut: 465 cy
Fill: 416 cy
Export: 39 cy
Yes, with Planning
Commission
approval per MMC
XI-10-45.18(b)
Due to the subject property’s location, the Project is required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7, the Planning Commission and City Council shall consider the following guidelines in its review. Staff recommends that the proposed design is consistent with the Hillside Architectural Guidelines as shown in Table 5 below.

Page 48 of 196 ends

Page 12 of 15 ends

Table 5:

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

Consistent. Due to the proposed location and
minimal scale of the home in consideration of its
maximum allowable size outlined in Table 4, the
development will not substantially interfere with
views and privacy to adjacent lots. In addition, the
proposal exceeds all setback requirements, is
within its 27-foot, two-story height limit at 27 feet
at its tallest point, and substantially setback from
adjacent residences to the south, east, and west,
which minimizes interference with views and
privacy. Project plan sheets A10 shows the
proximity of the subject lot in relationship to
adjacent lots and residential structures.

Additionally, the subject property is located on a

2.3-acre interior lot and adjacent residences are
also setback from the street and have privacy
landscaping surrounding the lots. New proposed
landscaping and metal fencing for the Project if
the Planning Commission approves the fence
material exception per MMC XI-10-

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

Consistent. The Project site is currently vacant
and contains a few trees and is covered with low
lying grass and a few shrubs. The existing trees
will remain and the house is designed to follow
the natural downsloping contour of the lot and
step down into the hillside. As a result, the
approximate amount of excavation is minimized
to 465 cubic yards. Approximately 416 cubic
yards of this excavated soil will be repurposed,
and the remaining 49 cubic yards of the soil will
be exported.
(c) Minimize Perception of Excessive Bulk.

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

Consistent. The proposed Project’s building
design and earth tone materials and colors will
blend into the rural environment and includes a
roof design that is parallel to the existing slope of
the lot, thereby reducing the massing and scale of
the new two-story residence. The exterior facade
will include materials such as gray board and

Page 49 of 196 ends

Page 13 of 15 ends

Site and Architectural Guidelines
Section XI-10-45.09-7 Consistency Finding
batten siding, beige stone veneer, bronze
fiberglass windows, and a gray composite asphalt
shingle roof. As demonstrated by Materials Sheets
A09 in Attachment B (Project Plans), the 3D
renderings show the new residence with its earth-
toned proposed colors and materials that bring
together the natural hillside topography of the lot.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light
and air of adjacent properties nor
unreasonably impair the ability of
adjacent properties to utilize solar
energy.

Consistent. The proposed home will not exceed
the maximum height limit for homes east of the
crestline, has two floor levels that will step down
into the downsloping lot, and meets or exceeds all
minimum setbacks as required by the Hillside
development standards. The proposed home has a
pitched roof that slopes with the natural contour of
the site and will include solar panels. Furthermore,
the lot to the north is on a lower elevation than the
subject lot, and the residences to the south are on a
higher elevation as demonstrated on Project plan
sheet A10. All neighboring residences are setback
substantially from the proposed new residence. As
such, the proposed Project will not cause an
impairment to the adjacent properties access to
light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with
the grading ordinance criteria.

Consistent. As designed, the new residence and
associated accessory structures will step down into
the downsloping lot to minimize grading and
comply with the Hillside grading criteria. Grading
is limited to 465 cubic yards of excavation and
416 cubic yards of fill, for a net 49 cubic yards of
exported grading.

Crestline Zone of Protection
Per MMC Section XI-10-45.06, the purpose of the Crestline Zone of Protection is to preserve the crestline's natural quality and the slopes immediately below when viewed from the valley floor.

To demonstrate compliance, the applicant took pictures from the three nearest vantage viewpoints established by the City from the crestline. As demonstrated in Sheets A06, A07, and A08 of Attachment B (Project Plans), the Project site will not be visible from the valley floor, and is obstructed from views by an existing hill, and is therefore, compliant with the Crestline Zone of Protection.

Page 50 of 196 ends

Page 14 of 15 ends

Fence Materials Exception
Per MMC Sec. XI-10-54.10(D)(4)(a), alternative materials for fences may be considered for approval by the Planning Commission within the “H” Combining District. Due to the significant slope of the site (30%), the driveway is proposed to be built on stilts and will have a steel guard rail along the edges. The driveway is approximately 90-feet long, 39 feet and 4 inches wide at the widest point, and follows the downhill sloped terrain leading to the two attached two-car garages.

The metal guardrails were deemed necessary due to safety concerns. The fence deviation of construction materials from all-wood requires the Planning Commission’s approval of this Site Development Permit. Otherwise, the fence conforms to the height limit of 54-inches and the required open work design, which results in a minimum of seventy-five percent (75%) visual transparency within every square foot area, posts excluded.

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

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

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

As described within the staff report, the development's architectural design and site planning are aesthetically compatible with the neighboring properties, and the on-site grading plan minimizes changes to the natural topography. The proposed single-family residence incorporates earth tone colors and materials that complement both the site and existing neighborhood. The new residence will be located on a pentagonal, downsloping lot where the primary structure is situated on the flattest portion of the lot. The Project will have two floors and outdoor amenities including an in-ground pool that are terraced down into the hillside towards the middle-rear portion of the lot. The layout of the residence, together with the natural sloped topography of the lot, maximizes privacy for the homeowners and minimizes views into adjacent properties. The home will also be built within its size limitations per the Hillside Zoning Ordinance.

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

As described within the staff report and demonstrated in Table 4 of the staff report, the proposed single-family residence is consistent with the development standards of the Milpitas Zoning Ordinance for the R1-H Single-Family Residential-Hillside Zoning District for setbacks, height requirements, and landscaping. The Project will be consistent with fencing and grading requirements with Planning Commission approval of the fence exceptions per MMC XI-10-54.10(D)(4)(a) and the grading plan per MMC XI-10-45.18(b).

Page 51 of 196 ends

Page 15 of 15 ends

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

As demonstrated in Table 3 of the staff report, the Project is consistent with the existing Hillside General Plan policies of the City of Milpitas. The proposed residence is designed to fit in with the existing natural topographic features of the property with minimized grading and a terraced design. The proposed residence will have little to no visual impact as viewed from the valley floor as it will be shielded by an existing hill and is located on the eastern edge of the City. The scale, mass, building form, and overall design of the new Hillside residence will be similar to other single-family residences in the Hillside and will utilize earth toned colors and features.

ENVIRONMENTAL REVIEW
The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning) as it involves the construction of a single-family residence that is consistent with the General Plan and R1-H Zoning District.

PUBLIC COMMENT/OUTREACH
Staff provided public notice for the application per City and State public notice requirements. At the time of writing this report, there have been no inquiries from the public. A notice was published in the Milpitas Post on March 1, 2024. In addition, 649 notices were sent to owners and occupants within 1,000 feet of the project site. A public notice was also provided on the project site, on the City’s Website, www.milpitas.gov, and posted at City Hall.

RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing; and

3. Adopt Resolution 24-008, approving and recommending that the City Council approve Site Development Permit No. SD23-0005, to allow development of a single-family residence in the R1-H Single-family Residential Hillside Zoning District, subject to the findings and attached Conditions of Approval.

ATTACHMENTS
A: Resolution 24-008
B: Project Plans

Page 52 of 196 ends

RESOLUTION NO. 24-008

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS APPROVING AND RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT NO. SD23-0005 TO THE MILPITAS CITY COUNCIL TO DEVELOP A NEW HILLSIDE HOME ON A VACANT 1.3-ACRE SITE LOCATED AT 500 VISTA SPRINGS DRIVE
(APN: 042-30-021)

WHEREAS, on February 14, 2023, an application was submitted by Michael R. Tom of Phantom Architecture (“Applicant” or “Permittee”), for a Site Development Pe rmit (SD23-0005) entitlement to allow development of a 5,963- square foot, single-family residence up to 27 feet (two stories) in height, with a 1,130-square foot attached garage, in-ground pool, landscaping, and associated site improvements on a vacant 2.3-acre site at 500 Vista Springs (APN: 042-30-021) (the “Project”). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and WHEREAS, on February 28, 2024, a duly noticed public heari ng was held by the City of Milpitas Planning Commission on the subject application, at which time all t hose in attendance were given the opportunity to speak on the Project; and
WHEREAS, the Planning Commission has considered all of the written and oral testimony presented at the public hearing in making its decision; and
NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines and resolves as follows:

SECTION 1: Recitals
The Planning Commission has considered the full record be fore it, which may include, but is not limited to such things as the staff report, testimony by staff and the public, a nd other materials and evidence submitted or provided to it.

Furthermore, the recitals set forth above are found to be true and correct and incorporated herein by reference.

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

SECTION 3: Site Development Permit Findings (Section XI-10-57.03(F)(1)) - The Planning Commission makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD23- 0005:

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

Page 53 of 196 ends

Resolution No. 24-008

2 As described within the staff report, the development's architectural design and site planning are aesthetically compatible with the neighboring properties, and the on-site grading plan minimizes changes to the natural topography.

The proposed single-family residence incorporates earth tone colors and materials that complement both the site and existing neighborhood. The new residence will be located on a pentagonal, downsloping lot where the primary structure is situated on the flattest portion of the lot. The Projec t will have two floors and outdoor amenities including an in- ground pool that are terraced down into the hillside towards the middle-rear portion of the lot. The layout of the residence, together with the natural sloped topography of the lot, maximizes privacy for the homeowners and minimizes views into adjacent properties. The home will also be built within its size limitations per the Hillside Zoning Ordinance.

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

Table 1 demonstrates the Project’s consistency with the applicable development standards of the R1-H Zoning District per Section XI-10-45 - "H" Hillside Combining District of the Milpitas Zoning Ordinance, including setbacks, height requirements, maximum impervious surface coverage, and parking. The Project will be consistent with fencing and grading requirements with Planning Commission approval of the fence exceptions per MMC XI-10-

54.10(D)(4)(a) and the grading plan per MMC XI-10-45.18(b).

Table 1 :

Summary of Development Standards

Standards Hillside Requirements Proposed Complies
Front Yard Setback
25 ft. minimum when avg.
slope is <16%.

< 27 ft.

Yes
Parking Main Residence - Five
spaces required
Six spaces (four
inside garage &
two outside)
Yes
Fence Height and
Materials
Height: 54 inches (4.5 ft.)

Material: Wood
(exceptions allowed for
metal fences)
Height: 3.5-ft
along driveway

Material: metal
guardrails with
metal posts
Yes, with Planning
Commission
approval of a fence
exception per MMC
XI-10-

Page 54 of 196 ends

Resolution No. 24-008

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

Table 2:

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

Consistent. Due to the proposed location and minimal
scale of the home in consideration of its maximum
allowable size outlined in Table 4, the development
will not substantially interfere with views and privacy to adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27
-foot, two-story
height limit at 27 feet at its tallest point, and
substantially setback from adjacent residences to the
south, east, and west, which minimizes interference
with views and privacy. Project plan sheets A10 shows
the proximity of the subject lot in relationship to
adjacent lots and residential structures. Additionally, the subject property is located on a 2.3
-acre interior lot
and adjacent residences are also setback from the street and have privacy landscaping surrounding the lots.

New proposed landscaping and metal fencing for the
Project if the Planning Commission approves the fence
material exception per MMC XI
-10-54.10(D)(4)(a)
will also provide additional privacy screening.
(b) Preserve Natural Landscape. The natural
landscape will be preserved insofar as
practicable by designing structures to follow
the natural contours of the site and
minimizing tree and soil removal.

Approximately 416 cubic yards of this excavated soil
will be repurposed, and the remaining 49 cubic yards
of the soil will be exported.
(c) Minimize Perception of Excessive Bulk. The
design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.

Consistent. The proposed Project’s building design
and earth tone materials and colors will blend into the rural environment and includes a roof design that
slopes parallel to the existing slope of the lot, thereby reducing the massing and scale of the new two
-story
residence. The exterior facade will include materials
such as gray board and batten siding, beige stone
veneer, bronze fiberglass windows, and a gray
composite asphalt shingle roof. As demonstrated by
Materials Sheets A09 in Attachment B (Project Plans),
the 3D renderings show the new residence with its
earth
-toned proposed colors and materials that brings
together the natural hillside topography of the lot.

Page 55 of 196 ends

Resolution No. 24-008

4 Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
(d) Impairment of Light and Air. The proposed
main or accessory structure(s) shall not
unreasonably impair the light and air of
adjacent properties nor unreasonably impair
the ability of adjacent properties to utilize
solar energy.

0. All
neighboring residences are setback substantially from
the proposed new residence. As such, the proposed
Project will not cause an impairment to the adjacent
properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. As designed, the proposed location of the
new residence will have both floors and associated
accessory structures step down into the downsloping
lot around the middle portion of the lot, which
minimized grade and complies with the Hillside
grading criteria. This design minimized grading to 465
cubic yards of excavation and 416 cubic yards of fill,
for a net 49 cubic yards of exported grading.

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

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

Table 3:

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

Consistent. The proposed Project will not impact the
visual character of the hillside from the valley floor or other viewpoints as the Project site is located over a
half mile east of the crestline and the new residence
will be shielded by an existing hill when viewed from
the valley floor. Project plan sheets A06, A07, and
A08 illustrate how the proposed residence will not
obstruct panoramic public views from and of the
hillsides.

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

Consistent. considered the existing site constraints
and the City’s Hillside regulations in order to
minimize significant grading on the lot. The new
residence and accessory structures are designed to
terrace down with the existing slope of the lot, rather than create a new mass graded flat pad site. As viewed
from Vista Springs Ct. and demonstrated with
renderings on Project plan sheet A30 (Attachment B),

Page 56 of 196 ends

Resolution No. 24-008

5 the new residence and roof lines will visually appear as sloping downward with the lot. This proposed
design, considering the steep downhill nature of the
existing topography, will limit the excavation to 465
cubic yards and fill to 416 cubic yards, with 49 cubic
yards to be exported offsite. As such, the proposed
Project is consistent with Policy CD 7 -2, as the new
two-story residence and accessory structures are
designed to step -down and flow with the existing
downsloping topography of the lot and does not
require mass alteration of the existing landform.

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

Consistent. The proposed new residence is designed
to protect the natural character of the steeply sloped lot by having two floors blend with the natural
topography. All new contours will be designed to
blend with the natural existing site contours as
demonstrated in the civil drawings in the plan set. By
designing the driveway on stilts, no additional grading is required, while maintaining the natural contours of
the existing lot.

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

Consistent. The subject lot contains steep slopes and
the Project does not propose mass graded flat pads to
accommodate the new residence. The applicant chose
to design the new two -story residence on the flattest
portion of lot to match the existing natural topography of the lot. Grading has been substantially minimized in the Project as a result, in that the siting follows the site's natural contours to preserve the natural terrain quality.

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

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

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

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

The exterior facade will include materials such as gray board and batten siding, beige stone veneer, bronze
fiberglass windows, and a gray composite asphalt
shingle roof. As demonstrated by Materials Sheets

Page 57 of 196 ends

Resolution No. 24-008

6 A09 in Attachment B (Project Plans), the 3D
renderings show the new residence with its earth-toned
proposed colors and materials that bring together the
natural hillside topography of the lot. Additionally, the proposed landscaping materials are consistent with the
Hillside Landscaping Ordinance.

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

SECTION 4: Per MMC Sec. XI-10-54.10(D)(4)(a), exceptions may be made for fences within the “H” Combining District by the Planning Commission. Due to the significant slope of the site (30%), the driveway is proposed to be built on stilts and will have a steel guard rail along the edges. The driveway is approximately 90-feet long, 39 feet and 4 inches wide at the widest point, and follows the downhill sloped terrain leading to the two attached two-car garages.

The metal guardrails were deemed necessary due to safety concerns, but will still be 75% transparent to meet the intent of the openwork design requirements.

SECTION 5: The Planning Commission of the City of Milpitas hereby approves and recommends the City Council approve Site Development Permit No. SD23-0005 to allow the development of a single-family residence in the R1- H Single-Family Residential-Hillside Zoning District at 500 Vista Springs Court, based on the above findings and subject to the Conditions of Approval in the proposed Site Development Permit No. P-SD23-0005 attached hereto as Exhibit 1 and incorporated herein.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on February 28, 2024.

Chair

TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on February 28, 2024, and carried by the following roll call vote:

COMMISSIONER AYES NOES ABSENT ABSTAIN
Mercedes Albana
Dipak Awasthi
Michael Caulkins
Chia Ling Kong
Alexander Galang
Sonia Medina-Ashby
Parveen Gupta

X
X
X
X
X
X
X

Page 58 of 196 ends

Resolution No. 24-008

7 EXHIBIT 1

SITE DEVELOPMENT PERMIT NO. P-SD23-0005
500 VISTA SPRINGS COURT (APN 042-30-021)

The City of Milpitas Planning Commission approves Site Development Permit No. SD23-0005 in accordance with Section X1-10-45.09 and XI-10-57.03 of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Site Development Permit entitlement is to allow the proposed development of a 5,963-square foot, single-family residence, up to two stories in height, with a 1,130-square foot attached garage (“Project”) on a vacant 2.3-acre hillside lot located within the R1-H Single-family Residential Hillside Zoning District at 500 Vista Springs Court (APN: 042-30-021), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

1. General Compliance. The applicant, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD23-0005 (“Permit”) shall have no force or effect and no building permit shall be issued unl ess and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office and a copy shall be provided to the Planning Department. (P)

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

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

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

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

Page 59 of 196 ends

Resolution No. 24-008

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

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

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

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

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

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

17. Development in Conformance with Approved Plans: Permittee shall develop the approved Project in conformance with the plans dated November 30, 2023 and approved by the City Council on the date of the signed City Council Resolution, in accordance with these Conditions of Approval. Any deviat ion from the approved site plan, elevations, materials, colors, landscape plan or other approved submittal shall requ ire that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is

Page 60 of 196 ends

Resolution No. 24-008

9 significant, the owner or designee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

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

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

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

21. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climate, soil, and ecological characteristic of the region. Plant materials that require excessiv e water after becoming established should be avoided. (P)

23. The proposed home is located east of the Crestline and is subject to a maximum height of 2 stories or 27 feet. (P)

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

26. 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)

FIRE DEPARTMENT CONDITIONS
The plans approved by the Planning Department process are not building plans and have not been reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). Do not consider this set of plans as final building plans approved by the Fire Department. Building plans must be submitted for review and approval before construction is to commence. The following notes are a general list of the applicable code requirements (2022) and are provided to assist with the building permit process. Please note that these are not all inclusive. All applicable Building, Fire and Municipal Code requirements must be met in advance of any building permit approvals or related construction.

CFC Section 106.2.1, added by MMC Section V-300-2.28, and CFC Section 106.1.1

29. Fire Department access. Sheets A11 shows an acceptable Fire Dept. apparatus access. Driveway is not part of the fire apparatus access road. Fire apparatus access roads shall be provided for every building hereafter constructed

Page 61 of 196 ends

Resolution No. 24-008

10 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. 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 75,000 lbs bearing capacity for the fire apparatus. CFC Section 503.2.3, D102.1

c. 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

d. 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 506

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

34. R Occupancy - Smoke Alarm. Single- and multiple-station smoke alarms. Listed single- and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.7 and NFPA 72.

Exception: For Group R occupancies. Afire alarm system with smoke detectors located in accordance with this section may be installed in lieu of smoke alarms. Upon actuation of the detector, only those notification appliances in the dwelling unit or guest room where the detector is actuated shall activate. [Ref.: CFC 907.2.10]

ENGINEERING DEPARTMENT CONDITIONS

Page 62 of 196 ends

Resolution No. 24-008

11 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 appr oved 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 November 30, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

31. Stormwater Control Plan: Permittee shall submit City approv ed 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.

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

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

33. Easements on the Building Permit Plans: Permittee shall de pict all existing easements to remain based upon current preliminary title report and depict new easements on applicable building permit plans.

34. 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.

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

36. Development Fees: Permittee shall pay the following devel opment fees. The information listed in items “a” through “h” are based upon current fee rates; however, those fee rates are subject to change. The exact fee amount shall be determined at the time of building permit fee payment.

a. Water connection fee at $1,164/unit for residential, based upon increased water usage. b. 3.8% of applicable fees in accordance with City Resolution No. 8969 as Permitting Automation Fee.

37. Mailboxes: The Permittee shall coordinate with US Postal Services regarding placement of required mailboxes.

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)

38. 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.

39. 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.

Page 63 of 196 ends

Resolution No. 24-008

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

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

BUILDING DEPARTMENT CONDITIONS

41. Compliance with California Code of Regulations. The Project shall comply with the requirements of the Building Safety and Housing Department and the California Code of Regulations Title 24 and the Milpitas Municipal Code as adopted by the City. Building permits shall be submitted to and approved by the Building Safety and Housing Department prior to start of construction. All California Code of Regula tions 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 pl an require review and approval by the Building Safety and Housing Department.

LEGEND
(P) = Planning Department
(B) = Building Department
(E) = Engineering Department
(F) = Fire Department
(CA) = City Attorney’s Office
ALL = All Reviewing Departments

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

Page 64 of 196 ends

Certificate Of Completion
Envelope Id: D63F92B56F8D4E0B9E5A8B8CE7FDA7C9 Status: Completed Subject: Complete with DocuSign: Reso No. 24-008_500 Vista Ridge for DocuSign.pdf Source Envelope:

Document Pages: 12 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Liz Medina
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
Record Tracking
Status: Original
February 29, 2024 | 10:56
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 Mercedes Albana
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.222.229.150
Sent: February 29, 2024 | 11:03
Viewed: February 29, 2024 | 12:50
Signed: February 29, 2024 | 12:50
Electronic Record and Signature Disclosure:

Accepted: February 29, 2024 | 12:50
ID: e72f13b8-c60f-4251-8f41-ede59243e8d0
Michael Tom
[email protected]
Michael Renjie Tom Architect
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 70.236.209.19
Sent: February 29, 2024 | 11:03
Resent: February 29, 2024 | 12:50
Viewed: February 29, 2024 | 13:35
Signed: February 29, 2024 | 13:36
Electronic Record and Signature Disclosure:

Accepted: February 29, 2024 | 13:35
ID: 4ca9c599-cd7b-4a61-ab96-2ebe0d9c6dcd
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
Randy Baez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: February 29, 2024 | 11:03
Viewed: February 29, 2024 | 11:16
Electronic Record and Signature Disclosure:

Accepted: February 27, 2024 | 08:42
ID: c91e8f46-885a-4b46-b4d3-2dba7ac5ba81

Page 65 of 196 ends

Carbon Copy Events Status Timestamp
Randy Baez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: February 29, 2024 | 13:36
Electronic Record and Signature Disclosure:

Accepted: February 27, 2024 | 08:42
ID: c91e8f46-885a-4b46-b4d3-2dba7ac5ba81
Michael R Tom, AIA - Applicant/Architect
[email protected]
Michael Renjie Tom Architect
Security Level: Email, Account Authentication
(None)
Sent: February 29, 2024 | 13:36
Viewed: February 29, 2024 | 13:37
Electronic Record and Signature Disclosure:

Accepted: February 29, 2024 | 13:35
ID: 4ca9c599-cd7b-4a61-ab96-2ebe0d9c6dcd
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted February 29, 2024 | 11:03 Envelope Updated Security Checked February 29, 2024 | 11:07 Envelope Updated Security Checked February 29, 2024 | 11:07 Envelope Updated Security Checked February 29, 2024 | 11:07 Certified Delivered Security Checked February 29, 2024 | 13:35 Signing Complete Security Checked February 29, 2024 | 13:36 Completed Security Checked February 29, 2024 | 13:36
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

Page 66 of 196 ends

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO City of Milpitas (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically &$"!
"$!

!&'$
%"%'$$&"!
!'$(*

$&
%
$&"

$$%
!

" !(
)!(
)

"

##
!&
$

Page 67 of 196 ends

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.

How to contact Carahsoft OBO City of Milpitas:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise Carahsoft OBO City of Milpitas of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO City of Milpitas To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Page 68 of 196 ends

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
x You can access and read this Electronic Record and Signature Disclosure; and x You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
x Until or unless you notify Carahsoft OBO City of Milpitas as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of Milpitas during the course of your relationship with Carahsoft OBO City of Milpitas.

Page 69 of 196 ends

Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

NOT FOR CONSTRUCTION
Owner
409 Heath Street
Milpitas, CA 95035
Contact: John Pol & Sokmean Nuon
Phone: 650.823.5883
e-mail: [email protected]
Geotechnical Engineer
Achievement Engineering Corp
2455 Automnvale Drive, Unit E
San Jose, CA 95131
Contact: Sadaf M Safaai
Phone: 408.217.9174
email: [email protected]
11/29/2023 3:52:43 PM
A00
COVER
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021

DRAWING INDEX
SHEET

NUMBER SHEET NAME
A00 COVER
A01 SURVEY
A02 MANDATORY RESIDENTIAL REQUIREMENTS
A04 SITE PLAN AREA DIAGRAM
A05 AREA PLANS
A06 CRESTLINE KEY PLAN
A07 CRESTLINE VIEW DIAGRAMS
A08 SITE VIEWPOINT SECTION
A09 MATERIAL BOARD
A10 NEIGHBORHOOD CONTEXT
A11 SITE PLAN
A12 SITE SECTIONS
A13 PERMEABLE IMPERMEABLE DIAGRAM
A18 CONDITIONS OF APPROVAL
A19 SITE LIGHTING AND FIRE ACCESS PLAN
A21 FLOOR PLANS
A22 FLOOR PLAN
A23 ROOF PLAN
A30 ELEVATIONS
A31 ELEVATIONS
C-1.0 CIVIL NOTES
C-2.0 GRADING AND DRAINAGE PLAN
C-3.0 EROSION CONTROL PLAN
C-4.0 EROSION CONTROL DETAILS
L01 LANDSCAPE PLAN

VISTA SPRING

RESIDENCE
500 VISTA SPRINGS CT
MILPITAS, CA 95035

VICINITY MAP
OCCUPANCY TYPE: R-3

CONSTRUCTION TYPE VB
SPRINKLERED: YES, WET PIPE DEFERRED SUBMITTAL

BUILDING CODES
CALIFORNIA RESIDENTIAL BUILDING CODE 2022
CALIFORNIA BUILDING CODE 2022
CALIFORNIA MECHANICAL CODE 2022
CALIFORNIA PLUMBING CODE 2022
CALIFORNIA ELECTRICAL CODE 2022
CALIFORNIA ENERGY CODE 2022
NFPA 13D

LOCAL AMENDMENTS

CODE SUMMARY

ZONING SUMMARY

NEW SINGLE FAMILY MILPITAS HILLSIDE RESIDENCE

DESCRIPTION OF WORK
ZONING TYPE R1-H HILLSIDE RESIDENTIAL
EXISTING USE: EMPTY LOT
OPEN SPACE REQUIREMENTS: NO
PARKING SPACES PROPOSED: 4-GARAGE STALLS
2- UNCOVERED STALLS
SEE SHEET A11 FOR ADDITIONAL INFORMATION
APN 4230021
PROPOSED HOUSE AREA: SEE SHEET A05
EXISTING LOT AREA: 103,219 SF
• FIRE SPRINKLER SYSTEM
• PREFRABRICATED TRUSS FRAMING

DEFERRED SUBMITTAL

1. CONSTRUCTION DOCUMENTS AND SPECIFICATIONS ARE COMPLIMENTARY.

WHAT IS SHOWN ON ONE SHALL BE BIDING AS IF REQUIRED BY ALL..

2. INVALIDITY OF ANY PROVISIONS IN THE CONTRACT DOCUMENTS DOES NOT INVALIDATE THE REMAINING ELEMENTS OF THE CONTRACT.

3. DIGITAL TRANSMISSION OF CAD DRAWINGS OR MODEL, IF REQUESTED, IS FOR REFERENCE ONLY. DESIGN TEAM SHALL BE HELD INDEMNIFIED FOR ALL BUILDING

INFORMATION MODEL USE OR RELIANCE

4. CONTRACTOR SHALL REVIEW AND BECOME FAMILIAR WITH THE SITE

CONDITIONS, FIELD DIMENSION AND COORDINATE WORK AS NEEDED WITH CONTRACT DOCUMENTS.

5. CONTRACTOR SHALL ALERT ARCHITECT TO ANY DISCREPANCY IN FIELD CONDITIONS OR AS DEFINED IN DRAWINGS.

6. CONTRACTOR IS SOLELY RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES.

7. CONTRACTOR IS RESPONSIBLE TO OWNER FOR ERRORS OR OMISSIONS OF

THEIR SUBCONTRACTORS, AGENTS OR EMPLOYEES

8. CONTRACTOR SHALL BE RESPONSIBLE FOR INSPECTION OF WORK PROGRESS

AND SCHEDULE AND DETERMINE IF SPACE IS IN PROPER CONDITION TO RECEIVE

SUBSEQUENT WORK

9. CONTRACTOR SHALL PAY FOR LABOR, MATERIALS, EQUIPMENT, TOOLS,

CONSTRUCTION EQUIPMENT AND MACHINERY, WATER, HEAT, UTILITIES,

TRANSPORTATION AND OTHER FACILITIES NECESSARY FOR PROPER EXECUTION AND COMPLETION OF WORK.

10. CONTRACTOR MAY SUBSTITUTE MATERIALS ONLY WITH EXPRESSED CONSENT

OF THE OWNER

11. CONTRACTOR WARRANTEES WORK WILL BE FREE OF DEFECTS EXCEPT FOR

THOSE INHERENT IN THE QUALITY OF THE WORK

12. CONTRACTOR SHALL COMPLY WITH ALL LOCAL LAWS.

13. CONTRACTOR SHALL PROVIDE NOTICE TO OWNER AND DESIGN TEAM IF

CONCEALED OR UNKNOWN CONDITIONS ARE ENCOUNTERED THAT DIFFER FROM THOSE IN CONTRACT DOCUMENTS.

14. CONTRACTOR SHALL SUSPEND OPERATIONS SHOULD THEY ENCOUNTER

HUMAN REMAINS, BURIAL MARKERS, ARCHAEOLOGICAL SITES OR WETLANDS NO INDICATED IN CONTRACT DOCUENTS. OWNER SHALL PROMPTLY TAKE ACTION AS NEEDED FOR GOVERMENTAL AUTHORIZATION REQUIRED TO RESUE WORK.

15. CONTRACTOR SHALL FURNISH CONSTRUCTION SCHEDULE PROMPTLY AFTER BEING AWARDED THE CONTRACT.

16. CONTRACTOR SHALL CONFINE OPERATIONS TO THE SITE AND SITE AREAS AS PERMITTED BY LOCAL CODE.

17. CONTRACTOR SHALL CUT, FIT OR PATCH AS NEEDED TO COMPLETE WORK AND

ALLOW COMPONENT ASSEMBLIES TO FIT TOGETHER PROPERLY

18. CONTRACOR SHALL NOT CUT OR ALTER CONSTRUCTION BY THE OWNER OR A

SEPARATE CONTRACTOR WITHOUT WRITTEN CONSENT

19. CONTRACTOR SHALL KEEP THE PREMISES AND SURROUNDING AREAS CLEAN AND REMOVE WASTE OR RUBBISH AS NEEDED TO ALLOW PROPER OPERATIONS.

20.CONTRACOR SHALL ALLOW ACCESS TO THE WORK IN PREPARATION AND IN PROGRESS.

21. CONTRACTOR INDEMNIFIES OWNER, ARCHITECT AND ENGINEERING

CONSULTANTS AGAINST CLAIMS, DAMAGES, LOSES AND EXPENSES ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK.

GENERAL NOTES

ELECTRICAL NOTES

1. ALL OUTLETS AFCI UNLESS NOTED AS GFCI. ALL 120-VOLT, SINGLE PHASE, 15- AND 20-AMPERE BRANCH CIRCUITS SUPPLYING OUTLETS OR DEVICES

INSTALLED IN DWELLING UNIT BEDROOMS, SUNROOMS, CLOSETS,

HALLWAYS, OR SIMILAR ROOMS OR AREAS SHALL BE PROTECTED BY A

LISTED ARC-FAULT CIRCUIT INTERRUPTER, COMBINATION-TYPE, INSTALLED TO PROVIDE PROTECTION OF THE BRANCH CIRCUIT. [CEC 210.12(A)]

2. ALL NON-LOCKING TYPE 125-VOLT, 15- AND 20-AMPERE RECEPTACLES SHALL BE LISTED TAMPER-RESISTANT RECEPTACLES. [CEC 406.12]

3. 20-AMPERE DEDICATED BRANCH CIRCUIT SHALL BE PROVIDED TO SUPPLY BATHROOM RECEPTACLE OUTLET(S). SUCH CIRCUITS SHALL HAVE NO OTHER OUTLETS. [CEC 210.11(C)(3)]

PLUMBING NOTES

GC TO CONFIRM ALL PLUMBING FIXTURE WITHIN THE DWELLING UNIT TO BE REPLACED WITH MODERN WATER CONSERVING FIXTURES. [CALGREEN 301.1.1]

NONCOMPLIANT PLUMBING FIXTURE MEANS ANY OF THE FOLLOWING [CALIFORNIA CIVIL CODE. 1101.3(C)]:
(1) ANY TOILET MANUFACTURED TO USE MORE THAN 1.28 GALLONS OF WATER PER FLUSH.
(2) ANY URINAL MANUFACTURED TO USE MORE THAN ONE GALLON OF WATER PER FLUSH.
(3) ANY SHOWERHEAD MANUFACTURED TO HAVE A FLOW CAPACITY OF MORE THAN 1.8 GALLONS OF WATER PER MINUTE @ 80 PSI. W/ MULTIPLE

SHOWERHEADS, CONFIGURE VALVES TO ALLOW ONLY ONE SHOWER OUTLET

TO BE IN OPERATION AT AT TIME
(4) ANY LAVATORY FAUCET TO NOT EXCEED 1.2 GPM @ 60PSI.
(5) ANY KITCHEN FAUCET TO HAVE TEMPORARY MAX FLOW CAPACITY NO MORE THAN 2.2 GPM @ 60 PSI AND DEFAULT MAXIMUM FLOW RATE 1.8 GPM @ 60 PSI

1. ALL LIGHTS THROUGHOUT THE RESIDENCE, INCLUDING THE GARAGE AND EXTERIOR, SHALL BE HIGH EFFICACY. [CENC 150.0(K)1A]

2. LIGHTS OVER TUBS AND SHOWERS TO BE MARKED FOR DAMP OR WET LOCATIONS WHERE SUBJECT TO SHOWER SPRAY. [CEC 410.10(D)]

LIGHTING NOTES

FIRE DEPARTMENT NOTES

1. BEARING CAPACITY FOR THE DRIVEWAY AND ENTRY DRIVE COURT TO PRIVDE MIN 50,000 LBS BEARING CAPACITY FOR FIRE APPARATUS

2. REQUIRED WATER SUPPLY (HYDRANTS THAT MEET THE MINIMUM CITY ENGINEERING DIVISION DESIGN STANDARDS). AN APPROVED WATER

SUPPLY CAPABLE OF SUPPLYING THE REQUIRED FIRE FLOW FOR FIRE

PROTECTION SHALL BE PROVIDED TO PREMISES UPON WHICH FACILITIES,

BUILDINGS OR PORTIONS OF BUILDINGS ARE HEREAFTER CONSTRUCTED OR MOVED INTO OR WITHIN THE JURISDICTION.
3 REPORT TO BE PROVIDED SHOWING A MINIMUM FIRE FLOW OF 1,000 GPM AT A MINIMUM OF 20PSI FOR 2-HOUR DURATION BASED ON THE TYPE V-B SPRINKLERED BUILDING WITH A TOTAL FIRE AREA OF 5,946 SQUARE FEET, TABLE B105.1(2).

4. AN APPROVED AUTOMATIC FIRE SPRINKLER SYSTEM (NFPA 13D

MINIMUM) SHALL BE PROVIDED FOR ALL STRUCTURES (LIVING SPACE,

GARAGE, OUTDOOR SPACES ATTACHED TO THE HOME, POOL CABANA, ETC.), CALIFORNIA FIRE CODE SECTION 903.2, AMENDED BY MILPITAS MUNICIPAL CODE V-300-2.69.

5. FIRE DEPARTMENT PERMIT – REQUIRED THE MILPITAS FIRE

DEPARTMENT SHALL APPROVE NEW INSTALLATION AND/OR MODIFICATIONS TO EXISTING FIRE PROTECTION, ALARM OR MONITORING SYSTEM(S). A

SEPARATE SUBMITTAL IS REQUIRED TO THE MILPITAS FIRE DEPARTMENT,

FOR REVIEW AND APPROVAL, PRIOR TO THE COMMENCEMENT OF ANY WORK. CFC SECTION 901.2

6. WATER SUPPLY SERVICE TO THE HOME THE WATER SUPPLY SERVICE

TO THE HOME SHALL BE ABLE TO SERVE THE AUTOMATIC FIRE SPRINKLER SYSTEM AND TO THE DOMESTIC WATER SUPPLY. ALL NEW WATER

SERVICES SHALL BE DONE AS REQUIRED BY THE CITY OF MILPITAS ENGINEERING DIVISION.

No. Description Date
PLANNING PREAPPLICATION 03/25/2022
PLANNING 10/11/2022
PLANNING 02/22/2023
PLANNING 04/07/2023
PLANNING 11/02/2023
PLANNING 11/30/2023

Page 70 of 196 ends

Page 71 of 196 ends

101 DOOR TAG
A101
1 Ref
1 Ref
1 Ref
1 Ref ELEVATION
A101
1 Ref
1 Ref 1
Ref
1 Ref

INTERIOR ELEVATION
0 REFERENCE GRID
Name
Elevation

ELEVATION MARKER
Distance

90.00N E PROPERTY LINE NOTATION
1 REVISION TAG
Room name
101
150 SF

ROOM NAME/ NUMBER AND
AREA
1 A101

SIM SECTION REFERENCE NUMBER

AND SHEET REFERENCE

SPOT ELEVATION

OR TILE SET OUT
1 View Name
1/8" = 1'-0"

VIEW LABEL
1i WALL TAG WHERE MULTIPLE

TYPES SHOWN
1t WINDOW TAG

GRAPHIC SYMBOLS
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

MANDATORY RESIDENTIAL

REQUIREMENTS
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021

ABBREVIATIONS

ALUM ALUMINUM

APPROX APPROXIMATE

ARCH ARCHITECTURE

BD BOARD

BLDG BUILDING

BLKG BLOCKING

BLTIN BUILT-IN

BM BEAM
B.O. BOTTOM OF

BOT BOTTOM

CEM CEMENT

CL CENTERLINE

CLG CEILING

CLO CLOSET

CLR CLEAR

CMU CONCRETE MASONRY UNIT

COL COLUMN

CONC CONCRETE

DET DETAIL

DIA DIAMETER

DIM DIMENSION

DN DOWN

DOC DOCUMENT

DWG DRAWING
(E) EXISTING

EL ELEVATION

ELEV ELEVATOR

ELEC ELECTRICAL

EQ EQUAL

EQPM EQUIPMENT

EST ESTIMATE
FD FLOOR DRAIN; FIRE DETECTOR

FDC FIRE DEPARTMENT CONNECTION
FE FIRE EXTINGUISHER; FLAT ENAMEL

FEC FIRE EXTINGUISHER CABINET

FR FIRE RATED

FURN FURNITURE
FT FOOT; FEET

FURR FURRING

GA GAGE

GALV GALVANIZED

KIT KITCHEN

LAV LAVATORY

LBS POUND(S)

MAX MAXIMUM

MECH MECHANICAL

MFR MANUFACTURER

MIN MINIMUM

MIR MIRROR

MISC MISCELLANEOUS
(N) NEW

NA NOT APPLICABLE

NIC NOT IN CONTRACT
NO. NUMBER

NOM NOMINAL

NTS NOT TO SCALE

O/ OVER, ON

OC ON CENTER

OFCI OWNER FURNISHED/ CONTRACTOR

INSTALLED

OPP OPPOSITE

PL PLATE

PLAM PLASTIC LAMINATE

PLMB PLUMBING (ANSI)

PLYWD PLYWOOD

PSF POUNDS PER SQUARE FOOT

PSI POUNDS PER SQUARE INCH

PTD PAINTED

PVC POLYVINYL CHLORIDE

QTY QUANTITY

RCP REFLECTED CEILING PLAN

RD ROOF DRAIN

REF REFER/ REFRIGERATOR

REV REVISION

RM ROOM

RO ROUGH OPENING

SD SMOKE DETECTOR

SECT SECTION

SF SQUARE FEET

SIM SIMILAR
STD STANDARD; SLOPE TO DRAIN

STL STEEL

STOR STORAGE

STRUCT STRUCTURAL

THK THICK

TYP TYPICAL

UON UNLESS OTHERWISE NOTED

UTIL UTILITY

VIF VERIFY IN FIELD

WD WOOD
WT WEIGHT; WOOD THRESHOLD; WALL TYPE
No. Description Date
PLANNING PREAPPLICATION 03/25/2022
PLANNING 10/11/2022
PLANNING 02/22/2023
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 72 of 196 ends

DN
DN
4"SD
4"SD
4"SD
4"SD
4"SD
LOT 25
TRACT 6744
588-M-01
LOT 23
TRACT 6744
588-M-01
LOT 22
TRACT 6744
588-M-01
LOT 20
TRACT 6744
588-M-01

PARCEL ONE
DOC: 22030870
TC 933.12FL 932.65
TC 932.65FL 932.20
TC 932.10
FL 931.62
TC 931.75
FL 931.30
TC 931.72
FL 931.24
TC 931.88
FL 931.36
10 20 40
1"=20'
10' S.E.

PER 588-M-01
5' S.D.E.

PER 588-M-01
S.E.

S.D.E.

G.H.Z. "B"
PER 588-M-01
G.Z. "A"
PER 588-M-01
G.H.Z. "B"
PER 588-M-01
P.S.E.

PER 588-M-01
P.S.E.

PER 588-M-01
10' P.S.E.1870 O.R. 263
5' P.S.E.
1870 O.R. 263
5' P.S.E.
1870 O.R. 263

LANDSCAPE AND

OPEN SPACE EASEMENT
L211 O.R. 1347

APPROXIMATE CENTERLINE
LOCATION 20' S.D.E.

PER 588-M-01
7 TW 917.000
BW 915.500
NG 916.000
TF 914.500
7 TW 920.750
BW 915.750
NG 924.357
TF 914.500
7 TW 920.750
BW 916.042
NG 927.600
TF 915.000
7 TW 920.750
BW 916.140
NG 925.960
TF 915.000
7 TW 920.750
BW 916.600
NG 918.232
TF 915.600
5 TG 915.500
IE 914.5000
IE 901.1300
8 PIER
TOP 909.00
BOTTOM 894.75
PIER
TOP 908.64
BOTTOM 895.88
PIER
TOP 913.00
BOTTOM 901.30
PIER
TOP 919.85
BOTTOM 904.50
PIER
TOP 922.97
BOTTOM 910.50

1.5:1 GRADING

FILL SLOPES
2:1
D Y
H
W
SDDI RIM 931.46

FULL OF DEBRIS
SDMH RIM 931.66
INV 18"CPP OUT (NE) 927.66

OPEN THROAT

CATCHBASIN
SDDI RIM 888.18
INV 18"CPP IN (SE) 883.38
INV 18"CPP IN (SW) 883.38
INV 24"CPP OUT (NW) 883.28
4"CPP INV 927.12
24"CPP INV 841.80
18"CPP INV 829.40
INVERT

INACCESSIBLE
CONC

BLOCK WALL
VGUT
S D
30'
TV
FOUND 3/4" IP

WITH CAP AND PUNCH,
STAMPED "PLS 7393"
PER 588-M-01
FOUND 3/4" IP

WITH PLASTIC PLUG,
STAMPED "LS 4234"
PER 588-M-01
FOUND 3/4" IP

WITH PLASTIC PLUG,
STAMPED "LS 4324"
PER 588-M-01
N59°43' 56" W 3 26. 69'
N
19°53' 01"E 399.31'
N32°44' 30"W 420.00'
N
10°32' 26"E 169.82'
R=50 .00'
Δ=6 4°4 8'56 "
L=5 6.56 '
N54°15'10"W

50.00'
N
10°33'46"E

50.00'
LANDS OF JAMES C. WU
LOT 24
TRACT 6744
588-M-01
APN:042-30-021
AREA= 2.370 AC±
DWY
VLT
5'IF5'IF
4' WIRE FNC
4' WIRE FNC
4' WIRE FNC
DIRT

DIRTDIRTDIRT
DIRT
DIRT
DIRT
DIRT
DIRT

DENSE TREES

ASPHALT

ASPHALT
24"CPP
18"CPP
18"CPP
18"CPP
910.497
800.000
800.000
810.000
820.000
830.000
840.000
850.000
860.000
870.000
880.000
890.000
900.000
910.000
920.000
802.000
804.000
806.000
808.000
812.000
814.000
816.000
818.000
822.000
824.000
826.000
828.000
832.000
834.000
836.000
838.000
842.000
844.000
846.000
848.000
852.000
854.000
856.000
858.000
862.000
864.000
866.000
868.000
872.000
874.000
876.000
878.000
882.000
884.000
886.000
888.000
892.000
894.000
896.000
898.000
902.000
904.000
906.000
908.000
912.000
914.000
916.000
918.000
922.000
924.000
( SCALE IN FEET )
0 VISTA

SPRINGS
CT

SINGLE FAMILY RESIDENCE
3252 SF
GARAGE
442 SF
37° 53' 08"

53.60'
N
E
POOL
HOUSE
183 SF

SITE LEGEND
SINGLE FAMILY HOUSE 3252 SF
ACCESSORY NON OCCUPIED 625 SF

DETACHED STRUCTURES
SITE IMPERVIOUS SURFACING 5492 SF
SITE PERVIOUS SURFACING 4574 SF

DECOMPOSED GRANITE
TOTAL SITE LOT AREA: 103219 SF
10% TOTAL SITE LOT AREA: 10,322 SF
PROPOSED IMPERVIOUS SURFACES COMBINED 9369 SF
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

SITE PLAN AREA DIAGRAM
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
8' 16'0'
N
10' 20'
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023
PLANNING 11/30/2023

Page 73 of 196 ends

688 SF
GROSS

NON-OCCUPIED
GARAGE
3252 SF

GROSS OCCUPIABLE
442 SF
GROSS

NON-OCCUPIED

BUILDING AREA LEGEND

GROSS NON-OCCUPIED

GROSS OCCUPIABLE
GARAGE
1581 SF

GROSS OCCUPIABLE
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

AREA PLANS
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1" = 10'-0"1 GARAGE
1" = 10'-0"2 FIRST FLOOR
1" = 10'-0"3 SECOND FLOOR

GROSS BUILDING AREA SCHEDULE
Level Name Area
GARAGE GROSS NON-OCCUPIED 688 SF
FIRST FLOOR GROSS OCCUPIABLE 3252 SF
FIRST FLOOR GROSS NON-OCCUPIED 442 SF
SECOND FLOOR GROSS OCCUPIABLE 1581 SF
5963 SFTOTAL AREA
TOTAL OCCUPIED HOUSE AREA 4833 SF
No. Description Date
PLANNING 10/11/2022
PLANNING 02/22/2023
PLANNING 04/07/2023
PLANNING 11/02/2023
PLANNING 11/30/2023

Page 74 of 196 ends

VP7/A08
VP8/A08
VP9/A08
VP9/A08
VP8/A08
VP7/A08
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

CRESTLINE KEY PLAN
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
0' 480' 960'

CRESTLINE
500 VISTA SPRINGS CT

PROJECT SITE
P-SD23-0005
N
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 75 of 196 ends

CRESTLINE VIEW DIAGRAMS
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021

PROPOSED BUILDING

SCREENED BEHIND HILL

PROPOSED BUILDING

SCREENED BEHIND
HILL

PROPOSED BUILDING

SCREENED BEHIND HILL
VP7 PERSPECTIVE @CORNER DEMPSEY RD & YOSEMITE DRIVE
VP8 PERSPECTIVE @ CORNER DEMPSEY RD & MT SHASTA AVE
VP9 PERSPECTIVE @ CORNER DEMPSEY RD & LANDESS AVE
VIEWPOINT VP7 - DISTANCE AND TOPOGRAPHY DIAGRAM
VIEWPOINT VP8 - DISTANCE AND TOPOGRAPHY DIAGRAM
VIEWPOINT VP9 - DISTANCE AND TOPOGRAPHY DIAGRAM

CRESTLINE

CRESTLINE
N
N
N
500 VISTA SPRINGS CT

PROJECT SITE
P-SD23-0005
500 VISTA SPRINGS CT

PROJECT SITE
P-SD23-0005
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 76 of 196 ends

STRUCTURE NOT VISIBLE FROM VIEWPOINT
12116

CRESTLINE
920
800
600
400
900 40

PROJECT SITE

ROOF CRESTLINE
200
90 60
VP7

LINE OF SIGHT
VP7- VIEWPOINT 7 SITE SECTION
400
600
800
1013
940

STRUCTURE NOT VISIBLE FROM VIEWPOINT
13076

LINE OF SIGHT
VP8- VIEWPOINT 8 SITE SECTION

CRESTLINE
200

PROJECT SITE
ROOF

CRESTLINE
VP8
65 80
120

CRESTLINE
940
1020
1000
800
600
400
200

STRUCTURE NOT VISIBLE FROM VIEWPOINT
12814
VP9- VIEWPOINT 9 SITE SECTION

LINE OF SIGHT

PROJECT SITE
ROOF

CRESTLINE
VP9
80 120
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

SITE VIEWPOINT SECTION
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
0' 480' 960'
0' 480' 960'
0' 480' 960'
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 77 of 196 ends

MATERIAL BOARD
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021

VIEW FROM STREET

VIEW FROM POOL DECK

COMPOSITE ASPHALT SHINGLE
ROOF

GRAY PAINTED BOARD AND

BATTEN SIDING

PAINTED CEMENT STUCCO SIDING

OLD PARCHMENT

STONE VENEER WALL

HEWN STONE

BRONZE COLOR FIBERGLASS

WINDOW FRAME
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023
PLANNING 11/30/2023

VIEW TOWARDS STREET

DRIVEWAY GUARD RAILING TO BE
PATTERNED METAL PANELS - 75%

TRANSPARENCY

COMPLIANT W/ OPENWORK DESIGN

PERFORATED METAL

GUARD RAILING

Page 78 of 196 ends

PROPOSED SINGLE

FAMILY HOUSE

VISTA SPRING CT

VISTA RIDGE DR

VISTA RIDGE DR
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

NEIGHBORHOOD CONTEXT
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1" = 50'-0"1 SITE PLAN OVERALL N
25' 50'0'
No. Description Date
PLANNING 04/07/2023

Page 79 of 196 ends

DN
DN
DN
4"SD
4"SD
4"SD
4"SD
4"SD
LOT 23
TRACT 6744
588-M-01
LOT 22
TRACT 6744
588-M-01
LOT 20
TRACT 6744
588-M-01
TC 933.12FL 932.65
TC 932.65FL 932.20
TC 932.10
FL 931.62
TC 931.75
FL 931.30
TC 931.72
FL 931.24
TC 931.88
FL 931.36
10 20 40
1"=20'
10' S.E.

PER 588-M-01
5' S.D.E.

PER 588-M-01
S.E.

S.D.E.

G.H.Z. "B"
PER 588-M-01
G.Z. "A"
PER 588-M-01
G.H.Z. "B"
PER 588-M-01
P.S.E.

PER 588-M-01
P.S.E.

PER 588-M-01
10' P.S.E.1870 O.R. 263
5' P.S.E.
1870 O.R. 263
5' P.S.E.
1870 O.R. 263

LANDSCAPE AND

OPEN SPACE EASEMENT
L211 O.R. 1347

APPROXIMATE CENTERLINE
LOCATION 20' S.D.E.

1.5:1 GRADING

FILL SLOPES
2:1
D Y
H
W
SDDI RIM 931.46

FULL OF DEBRIS
SDMH RIM 931.66
INV 18"CPP OUT (NE) 927.66

OPEN THROAT

CATCHBASIN
SDDI RIM 888.18
INV 18"CPP IN (SE) 883.38
INV 18"CPP IN (SW) 883.38
INV 24"CPP OUT (NW) 883.28
4"CPP INV 927.12
CONC

BLOCK WALL
VGUT
S D
30'
TV
FOUND 3/4" IP

WITH CAP AND PUNCH,
STAMPED "PLS 7393"
PER 588-M-01
FOUND 3/4" IP

WITH PLASTIC PLUG,
STAMPED "LS 4324"
PER 588-M-01
N59°43'56"W 326.69'
N10°32' 26"E 169.82'
R= 50 . 00'
Δ= 6 4°48 '5 6" L
=5 6. 56 '
N54°15'10"W

50.00'
N10°33'46"E

50.00'
LANDS OF JAMES C. WU
LOT 24
TRACT 6744
588-M-01
APN:042-30-021
AREA= 2.370 AC±
DW
Y
VLT
5'IF5'IF
4' WIRE FNC
DIRT

DIRTDIRTDIRT
DIRT
DIRT
DIRT
DIRT

DENSE TREES

ASPHALT

ASPHALT
24"CPP
18"CPP
18"CPP
910.497
850.000
860.000
870.000
880.000
890.000
900.000
910.000
920.000
848.000
852.000
854.000
856.000
858.000
862.000
864.000
866.000
868.000
872.000
874.000
876.000
878.000
882.000
884.000
886.000
888.000
892.000
894.000
896.000
898.000
902.000
904.000
906.000
908.000
912.000
914.000
916.000
918.000
922.000
924.000
( SCALE IN FEET )
0 FRONT SETBACK
40' - 0"

SIDE YARD SETBACK
40' - 0" POOL HOUSE EAVE PROJECTION

SETBACK
40' - 0"

REAR LOT SETBACK
16' - 10"

REAR LOT SETBACK
40' - 0"
VISTA

SPRINGS
CT
1 A12

PROPERTY LINE

PROPERTY LINE
3 A12

PROPOSED SINGLE

FAMILY RESIDENCE

SINGLE FAMILY RESIDENCE
3252 SF

DRIVEWAY
2196 SF
2 A12

POOL DECK
2378 SF
A D E
1 6
GARAGE
425 SF
PAVED

FRONT YARD
1118 SF

33.4%
FRONT

SETBACK

PROPERTY LINE
POOL
HOUSE
183 SF
4 A12
5 A12
30' - 0"
15' - 0"

SETBACK TO REAR YARD
131' - 1 1/2" POOL HOUSE EAVE PROJECTION 12' - 0" 47' - 2 3/4" 101' - 9" 34' - 7" 53' - 7"44' - 7"
20' - 5"

TREE SCREENING-

SEE LANDSCAPE
PLAN- SHEET L01

SWIMMING POOL
450 SF
32%

AVERAGE SLOPE
30' - 0"
40' - 0"

UNPAVED

FRONT YARD
2225 SF
37° 53' 08"

53.60'
N
E
GARAGE
19' - 1"
6 A12

EXISTING TREE CANOPY TO

REMAIN, NO TREES ARE

TO BE REMOVED OVER COURSE

OF THIS PROJECT
500 GAL

SEPTIC TANK
(E) WATER METER- POINT OF WATER

SERVICE

NOTE UPGRADE AS NEEDED TO

ACCOMMODATE HOUSE DOMESTIC

WATER AND HOUSE SPRINKLER FIRE

PROTECTION
(E) ELECTRICAL VAULT

POINT OF SERVICE FOR

ELECTRICAL POWER

STAINED STAMPED

CONCRETE
(E) FIRE HYDRANT. VERIFY FIRE

FLOW WATER SUPPLY AS NEEDED

AN APPROVED WATER SUPPLY

CAPABLE OF SUPPLYING THE

REQUIRED FIRE FLOW FOR FIRE

PROTECTION

SHALL BE PROVIDED TO PREMISES

UPON WHICH FACILITIES, BUILDINGS

OR PORTIONS OF BUILDINGS ARE

HEREAFTER

CONSTRUCTED OR MOVED INTO OR
WITHIN THE JURISDICTION. CFC
SECTION 507.1
82' - 9 3/4"

DECOMPOSED

GRANITE FIRE

ACCESS PATH

FIRE ACCESS PATH STAIR

ON GRADE DECOMPOSED

GRANITE TREADS, CAST

IN PLACE CONCRETE
RISERS

DECOMPOSED

GRANITE FIRE

ACCESS PATH

FIRE ACCESS PATH STAIR ON

GRADE DECOMPOSED GRANITE

TREADS, CAST IN PLACE

CONCRETE RISERS
50' - 1 1/4"
39' - 4"
15' - 2 1/4"
• FIRE APPARATUS

ACCESS ROADS TO BE

MAINTAINED TO

SUPPORT THE IMPOSED

LOADS OF FIRE

APPARATUS ANDS

SHALL BE SURFACED SO

AS TO PROVIDE ALL-

WEATHER CAPABILITIES
• DRIVE SURFACE TO
SUPPORT 50,000 LBS

LOAD CAPACITY

EXISTING NATURAL

HILLSIDE FLORA TO
REMAIN
STEEL GUARD RAIL 42" ABOVE RAMP
SURFACE MIN.
-
---
-
---

EXISTING NATURAL

HILLSIDE FLORA TO
REMAIN

SIDE YARD SETBACK
44' - 7" MAIN HOUSE

FRONT SETBACK
47' - 8 3/4" MAIN HOUSE

SIDE SETBACK
56' - 1 1/2" MAIN HOUSE

TRASH CART

STORAGE

IN GARAGE

1.5'H RETAINING WALL
5'H RETAINING
WALL

4.7'H CRIB
WALL

4.6'H CRIB
WALL
920.75
920.75
920.75
ZONING TYPE R1-H HILLSIDE RESIDENTIAL
EXISTING USE: EMPTY LOT
OPEN SPACE REQUIREMENTS: NO
ADDITIONAL PARKING : 6-POTENTIAL BEDROOMS
6 CAR STALLS REQUIRED
PARKING SPACES PROPOSED: 4-GARAGE STALLS
2- UNCOVERED STALLS

BUILDING INFORMATION
APN 4230021
PROPOSED HOUSE AREA:

SUB FLOOR GARAGE 688 SF
MAIN FLOOR 3252 SF
• FLOOR GARAGE 442 SF
UPPER FLOOR 1581 SF
TOTAL 5,963 SF (<6,000 SF MAX)
SEE AREA PLANS SHEET A05
EXISTING LOT AREA: 103,219 SF
LOT SITE COVERAGE: (3252 SF + 442 SF + 183 SF) =3,877 SF HOUSE (3.8%)

FRONT YARD COVERAGE
FRONT YARD LINE (AT PROPERTY LINE) 53'-7" +/-
GARAGE WIDTH 24'-9"
PAVED DRIVE AISLE WIDTH AT PUBLIC ROW 23'-8"
TOTAL REAR YARD SQUARE FOOTAGE 96286 SF
PROPOSED ACCESSORY STRUCTURE AREA 183 SF
PERCENT OF YARD 183 SF / 96286 SF= 1%

ACCESSORY STRUCTUREZONING DESIGNATION SLOPE DENSITY
AVERAGE LAND AREA PER DWELLING (a) = 3749 SF
AVERAGE SLOPE (S) = 30%
(a) = 1/0.121875 - 0.0021875(S)
(S) = 30%
(a) = 1/0.121875 - 0.0021875(30%)
= 8.21 - 0.00065625
= 8.20 acres
EXISTING LOT AREA 2.36 acres
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

SITE PLAN
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1/16" = 1'-0"1 SITE PLAN
8' 16'0'
N
No. Description Date
PLANNING PREAPPLICATION 03/25/2022
PLANNING 10/11/2022
PLANNING 02/22/2023
PLANNING 04/07/2023
PLANNING 11/02/2023
PLANNING 11/30/2023

Page 80 of 196 ends

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
3 A12
GARAGE
909' - 0"

A C D E
4 A12
5 A12
6 A12

POOLPOOL
HOUSE
-
---
-
---

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
3 A12
GARAGE
909' - 0"

A C D E
4 A12
5 A12
-
---
-
---

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
1 A12
GARAGE
909' - 0"
2 A12
15 9' - 0"10' - 0"8' - 0"

MAX HEIGHT
27' - 0"
32% SLOPE 895.44

FLOOR CLR
10' - 4" UNDER

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
1 A12
GARAGE
909' - 0"
2 A12
15 MAX HEIGHT
27' - 0"
899.98
922.91
32% SLOPE

FLOOR CLR
15' - 10 1/4" UNDER

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
GARAGE
909' - 0"
15 MAX HEIGHT
27' - 0"
895.44
914.71
32% SLOPE
916.00
924.36
17' - 0"
14' - 6 1/2"
9' - 6 3/4"
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

SITE SECTIONS
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1/16" = 1'-0"1 SITE SECTION
1/16" = 1'-0"2 SITE SECTION 02
1/16" = 1'-0"3 CROSS SECTION
8' 16'0'
8' 16'0'
8' 16'0'
1/16" = 1'-0"4 CROSS SECTION @ GRID LINE C
1/16" = 1'-0"5 CROSS SECTION @ GRID LINE D
8' 16'0' 1/16" = 1'-0"6 CROSS SECTION @ POOL HOUSE
8' 16'0'
8' 16'0'
No. Description Date
PLANNING 10/11/2022
PLANNING 02/22/2023
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 81 of 196 ends

DN
DN
4"SD
4"SD
4"SD
4"SD
4"SD
LOT 25
TRACT 6744
588-M-01
LOT 23
TRACT 6744
588-M-01
LOT 22
TRACT 6744
588-M-01
LOT 20
TRACT 6744
588-M-01

PARCEL ONE
DOC: 22030870
TC 933.12FL 932.65
TC 932.65FL 932.20
TC 932.10
FL 931.62
TC 931.75
FL 931.30
TC 931.72
FL 931.24
TC 931.88
FL 931.36
10 20 40
1"=20'
10' S.E.

PER 588-M-01
5' S.D.E.

PER 588-M-01
S.E.

S.D.E.

G.H.Z. "B"
PER 588-M-01
G.Z. "A"
PER 588-M-01
G.H.Z. "B"
PER 588-M-01
P.S.E.

PER 588-M-01
P.S.E.

PER 588-M-01
10' P.S.E.1870 O.R. 263
5' P.S.E.
1870 O.R. 263
5' P.S.E.
1870 O.R. 263

LANDSCAPE AND

OPEN SPACE EASEMENT
L211 O.R. 1347

APPROXIMATE CENTERLINE
LOCATION 20' S.D.E.

1.5:1 GRADING

FILL SLOPES
2:1
D Y
H
W
SDDI RIM 931.46

FULL OF DEBRIS
SDMH RIM 931.66
INV 18"CPP OUT (NE) 927.66

OPEN THROAT

CATCHBASIN
SDDI RIM 888.18
INV 18"CPP IN (SE) 883.38
INV 18"CPP IN (SW) 883.38
INV 24"CPP OUT (NW) 883.28
4"CPP INV 927.12
24"CPP INV 841.80
18"CPP INV 829.40
INVERT

INACCESSIBLE
CONC

BLOCK WALL
VGUT
S D
30'
TV
FOUND 3/4" IP

WITH CAP AND PUNCH,
STAMPED "PLS 7393"
PER 588-M-01
FOUND 3/4" IP

WITH PLASTIC PLUG,
STAMPED "LS 4234"
PER 588-M-01
FOUND 3/4" IP

WITH PLASTIC PLUG,
STAMPED "LS 4324"
PER 588-M-01
N59°43' 56" W 326. 69'
N
19°53' 01"E 399.31'
N32°44' 30"W 420.00'
N
10°32' 26"E 169.82'
R= 50. 00'
Δ= 64°48' 56"
L= 56. 56'
N54°15'10"W

50.00'
N
10°33'46"E

50.00'
LANDS OF JAMES C. WU
LOT 24
TRACT 6744
588-M-01
APN:042-30-021
AREA= 2.370 AC±
DWY
VLT
5'IF5'IF
4' WIRE FNC
4' WIRE FNC
4' WIRE FNC
DIRT

DIRTDIRTDIRT
DIRT
DIRT
DIRT
DIRT
DIRT

DENSE TREES

ASPHALT

SPRINGS
CT

IMPERMEABLE SURFACES
9352 SF
37° 53' 08"

53.60'
N
E
IMPERMEABLE SURFACES 9352 SF
PERMEABLE 4574 SF
(DECOMPOSED GRANITE SURFACES)
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

PERMEABLE IMPERMEABLE

DIAGRAM
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1" = 20'-0"1

SITE PLAN AREA DIAGRAM PERMEABLE

IMPERMEABLE
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 82 of 196 ends

CONDITIONS OF APPROVAL
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
No. Description Date
PLANNING 11/02/2023

Page 83 of 196 ends

DN
4"SD
4"SD
4"SD
4"SD
4"SD
LOT 20
TRACT 6744
588-M-01
TC 932.10
FL 931.62
TC 931.75
FL 931.30
TC 931.72
FL 931.24
5' S.D.E.

PER 588-M-01
10' P.S.E.1870 O.R. 263
5' P.S.E.
1870 O.R. 263
5' P.S.E.
1870 O.R. 263
7 TW 917.000
BW 915.500
NG 916.000
TF 914.500
7 TW 920.750
BW 915.750
NG 924.357
TF 914.500
7 TW 920.750
BW 916.042
NG 927.600
TF 915.000
7 TW 920.750
BW 916.140
NG 925.960
TF 915.000
5 TG 915.500
IE 914.5000
IE 901.1300
PIER
TOP 909.00
BOTTOM 894.75
PIER
TOP 908.64
BOTTOM 895.88
PIER
TOP 913.00
BOTTOM 901.30
PIER
TOP 919.85
BOTTOM 904.50
PIER
TOP 922.97
BOTTOM 910.50

1.5:1 GRADING
SDDI RIM 931.46

FULL OF DEBRIS
4"CPP INV 927.12
SD
FOUND 3/4" IP

WITH CAP AND PUNCH,
STAMPED "PLS 7393"
PER 588-M-01
N10°32'26"E 169.82'
R=50.00'
Δ=64°48'56" L=56.56'
N10°33'46"E

50.00'
LANDS OF JAMES C. WU
LOT 24
TRACT 6744
588-M-01
APN:042-30-021
AREA= 2.370 AC±
DWY
VLT
5'IF5'IF
DIRT

DIRTDIRT
DIRT
18"CPP
18"CPP
910.497
L56 L56
L56
L56
L56
L56
L56
L56
L56
L56
L56
L56
L56
L56
L56L56
L56L56L56L56L56L56L56L56L56L56L56L56
L56L56L56L56
L8
L8
L5L8
L8L8
L5
L5
L5
FIRE
HOSE
102'
FIRE
HOSE
64'
FIRE
HOSE
27'
FIRE
HOSE
26'FIRE
HOSE
106'
FIRE
HOSE
27'FIRE
HOSE
8'
FIRE
HOSE
29'
FIRE
HOSE
6'
FIRE
HOSE
7'

FIRE TRUCK

POSITION
L54 - 18" SURFACE LIGHT
L5 WALL SCONCE- EXTERIOR

SWITCH INTEGRAL MOTION &

DAYLIGHT SENSOR ACTIVATED
L8 SECURITY FLOOD LIGHT-

MOTION SENSOR ACTIVATED

SITE LIGHTING LEGEND
L55 - 18" POLE LIGHT
L56 - BOLLARD LIGHT
OUTDOOR LIGHTING TO HAVE MINIMUM WATTAGE TO SAFELY ILLUMINATE THE AREA. OUTDOOR LIGHT SOURCES TO BE SHIELDED AND TO NOT BE VISIBLE OFF-SITE. THIS DOES NOT PERTAIN TO MOTION-INDUCED/ACTIVATED OR MOTION-SENSOR SECURITY-TYPE LIGHTS.

SITE LIGHTING AND FIRE

ACCESS PLAN
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
3/32" = 1'-0"1 SITE LIGHTING AND FIRE ACCESS
0' 4' 8' 16'
N
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 84 of 196 ends

A301
A31 1
A31
2 1
A12
3 A12
414 SF
GARAGE
125 SF

MUD ROOM
317 SF

BEDROOM
166 SF
BEDROOM 2
158 SF
BEDROOM 1
2 A12

A B C D E
1 2
3 4
5 6
3' - 6 1/2" 22' - 1 1/2" 42' - 6" 33' - 7"
101' - 9"
3' - 1" 17' - 7" 3' - 11 1/4" 9' - 10 3/4" 19' - 1"
53' - 7"
164 SF
BATH
9' - 8 3/4" 3' - 10 1/2" 6' - 10 1/2" 19' - 3" 11' - 10" 10' - 10 1/2" 18' - 2 3/4" 123 SF
WIC
20' - 8"
290 SF
FOYER
98 SF
PANTRY291 SF

KITCHEN
324 SF
DINING
218 SF
LIVING
185 SF

OFFICE/DEN
25 SF
POWDER
6' - 6 1/4"
DECK
225 SF
POOL
4 A12
5 A12
12' - 10 3/4"
15' - 5 1/2"
6 A12
149 SF

POOL HOUSE
-
---
-
---
-
---
20' - 0"
2 A12
463 SF
GARAGE
C D E
1 2
3 4
41' - 6" 4"
1' - 0" 4' - 0" 19' - 7 1/2"
24' - 7 1/2"
7' - 11 1/2" 4' - 0"
20' - 0"
5 A12
42' - 6"
3' - 11 1/4" 9' - 10 3/4" 19' - 1"
-
---
-
---

PROJECT BOUNDARY

SINGLE FAMILY HOUSE

ACCESSORY NON OCCUPIED

DETACHED STRUCTURES
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

FLOOR PLANS
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1/8" = 1'-0"1 MAIN FLOOR PLAN
1/8" = 1'-0"2 GARAGE
0' 4' 8'
0' 4' 8'
N
N
No. Description Date
PLANNING 10/11/2022
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 85 of 196 ends

A301
A31 1
A31
2 1
A12
3 A12
307 SF

PRIMARY BEDROOM
166 SF
BEDROOM 4
166 SF
BEDROOM 3
2 A12
4' - 11 1/4" 9' - 9 1/2" 3' - 10 1/2" 12' - 0 3/4" 19' - 11 3/4" 5' - 11" 16' - 7 1/4" 33' - 7"

A B C D E
1 2
3 4
5 6
OPEN
TO
BELOW
3' - 6 1/2" 22' - 1 1/2" 42' - 6" 33' - 7"
101' - 9"
3' - 1" 17' - 7" 3' - 11 1/4" 9' - 10 3/4" 19' - 1"
53' - 7"
DECK
122 SF
60 SF

LAUNDRY RAFTER STOR

OPEN TO

GARAGE BELOW
90 SF
WIC
4 A12
5 A12
-
---
164 SF
BATH
-
---
-
---

PROJECT BOUNDARY

SINGLE FAMILY HOUSE

ACCESSORY NON OCCUPIED

FLOOR PLAN
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1/8" = 1'-0"1 SECOND FLOOR PLAN
0' 4' 8'
N
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 86 of 196 ends

A301
A31 1
A31
2 1
A12
3 A12
2 A12

A B C D E
1 2
3 4
5 6ASPHALT SHINGLE

ROOF, TYP

ASPHALT SHINGLE

ROOF, TYP
3' - 6 1/2" 22' - 1 1/2" 42' - 6" 33' - 7"
101' - 9"
3' - 1" 17' - 7" 3' - 11 1/4" 9' - 10 3/4" 19' - 1"
53' - 7"
9:12
9:12
4:129:12
4:12
4 A12
5 A12
4:12
9:12
4:12
4:12
4:12
9:12
31' - 5 1/2" 35' - 11 3/4"
5' - 0" 29' - 6" 49' - 6 3/4" 23' - 8"
4:12
4:12
6 A12
-
---
20' - 5"
12' - 0"
-
---
-
---
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

ROOF PLAN
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1/8" = 1'-0"1 ROOF PLAN
0' 4' 8'
N
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 87 of 196 ends

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
9' - 0"10' - 0"
ROOF
936' - 0"
1 A12
GARAGE
909' - 0"
2 A12
123456

MAX HEIGHT
27' - 0"

ASPHALT SHINGLE

ROOF, TYP

PROPOSED BOARD

AND BATTEN VERTICAL
SIDING

ADHERED

MANUFACTURED

STONE VENEER
NOTE:

CAR RAMP IN FOREGROUND

IS NOT SHOWN FOR CLARITY

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
3 A12
GARAGE
909' - 0"
ABCDE
8' - 0" 10' - 0" 9' - 0"

ASPHALT SHINGLE

ROOF, TYP

PROPOSED BOARD

AND BATTEN VERTICAL
SIDING

ADHERED MANUFACTURED

STONE VENEER

SWIMMING
POOL
4 A12
5 A12
6 A12
-
---
STEEL GUARD RAIL 42" ABOVE
RAMP SURFACE MIN.
-
---
-
---
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

ELEVATIONS
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1/8" = 1'-0"1 EAST ELEVATION
1/8" = 1'-0"2 NORTH ELEVATION
0' 4' 8'
0' 4' 8'
No. Description Date
PLANNING PREAPPLICATION 03/25/2022
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 88 of 196 ends

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
1 A12
GARAGE
909' - 0"
2 A12
1 2 3 4 5 6
9' - 0"10' - 0"8' - 0"

ASPHALT SHINGLE

ROOF, TYP

PROPOSED BOARD

AND BATTEN VERTICAL
SIDING

BALCONY

AIRCRAFT

TENSION CABLE

RAILING

BALCONY AIRCRAFT

TENSION CABLE RAILING

FIRST FLOOR
917' - 0"

SECOND FLOOR
927' - 0"
ROOF
936' - 0"
3 A12

A B C D E
9' - 0"10' - 0"

ASPHALT SHINGLE

ROOF, TYP

PROPOSED BOARD

AND BATTEN VERTICAL
SIDING
4 A12
5 A12
STEEL GUARD RAIL 42" ABOVE
RAMP SURFACE MIN.
3"2' - 1 1/4"3 1/2"2 3/4"8' - 2"
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

ELEVATIONS
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
1/8" = 1'-0"1 WEST ELEVATION
1/8" = 1'-0"2 SOUTH ELEVATION
0' 4' 8'
0' 4' 8'
No. Description Date
PLANNING PREAPPLICATION 03/25/2022
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 89 of 196 ends

C-1.0

GRADING PLAN

IN THE TOWN OF MILPITAS
STATE OF CALIFORNIA General Notes

1.A copy of the grading permit and
approved grading plans shall be in the
possession of a responsible person and
available at the site at all times.

2.Any modifications of, or changes to,
approved grading plans shall be
approved by the City Engineer prior to
implementation in the field.

3.All graded sites shall have drainage
swales, berms and other drainage
devices approved at the rough grading
stage.

4.The Field Engineer shall set drainage
stakes for all drainage devices.

5.All storm drain work shall be done under
continuous inspection by the Field
Engineer. Weekly status reports shall be
submitted by the Field Engineer to the
Engineering Services Division.

6.Final grading shall be approved before
occupancy of buildings will be allowed.

7.Construction of the retaining wall(s)
shown on these plans requires a
separate permit from the Building &
Safety Division.

8.All subdrain outlets shall be surveyed for
line and elevation. This shall be shown on
the as-built grading plan included in the
final geotechnical and geology report.

9.The faces of cut and fill slopes shall be
prepared and maintained to control
erosion. This control shall consist of jute
netting and effective planting, or other
devices satisfactory to the City Engineer.

10.A preventive program to protect the
slopes from potential damage from
burrowing rodents is required. Owner
shall inspect slopes periodically for
evidence of burrowing rodents and at first
evidence of their existence shall employ
an exterminator for their removal.

11.Where necessary, check dams, cribbing,
riprap, or other devices or methods shall
be employed for erosion control. Jute
netting shall be immediately installed on
any slopes having a vertical height of
seven feet or more and steeper than 3:1
(H:V) to minimize or control erosion
problems.

12.Roof drainage shall be diverted from
graded slopes.

13.All construction and grading within Storm
Drain easement shall be per approved
Storm Drain plan.

Additional Grading Notes
All grading slopes shall be planted and sprinkled.

A.Standard 12 inch high berm is required at top of all
graded slopes.

B.No fill to be placed, until the city grading inspector has inspected and approved the bottom excavation.

C.Man-made fill shall be compacted to a minimum
relative compaction of 90% max. dry density within 40
feet below finish grade and 93% of max. dry density
deeper than 40 feet below finish grade, unless a lower
relative compaction (not less than 90% of max. dry
density) is justified by the soils engineer.

D.Temporary erosion control to be installed between
October 1 and April 15. Obtain Grading Inspector’s and
Department of Public Works approval of proposed
procedures. [>200 CY]
Inspection Notes

1.The permittee or their agent shall notify the
Engineering Services Division at least one working day
in advance of required inspections at following stages
of the work:
a.Pre-grade item.
b.Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched
or otherwise prepared for fill. No fill shall be placed prior to this inspection.
c.Rough. When approximate final elevations have been
established; drainage terraces, swales and berms
installed at the top of the slopes;
d.Final. When grading has been completed; all drainage
devices installed; slope planting established, irrigation systems installed and the Record Drawings (As-Built
Plans), required statements, and reports have been
submitted.

2.In addition to the inspection required by the
Engineering Services Division for Regular Grading,
reports and statements shall be submitted to the City
Engineer Geology and Soils Notes

3.All recommendations included in the consultant's soil and geology reports shall be complied with and are a
part of the grading specifications.

4.Grading operations shall be conducted under periodic
geologic inspection with monthly inspection reports to
be submitted to the Engineering Services Division.

5.The Consulting Geologist shall approve rough grading
by final report prior to approval by the City Engineer.

The final report shall include an as-built Geologic Map.

Address:
500 Vista Spring Ct, MILPITAS, CA, 95035
Assessor's Parcel Number
4230021
Property Owner
ADU Concepts
Owner's or Responsible Agent's Signature
______________________
LEGAL DESCRIPTION:

MANSFIELDS LINCOLN TRACT LOTS 157 AND
LOT 158
BENCHMARK:

THE BENCHMARK USED FOR THIS SURVEY IS

A SANTA CLARA VALLEY WATER DISTRICT
BENCHMARK, BM061, DESCRIBED AS BRASS
DISK (STAMPED S.C.V.W.D. BM-61) ON

CONCRETE BASE OF SIDEWALK'S
GUARDRAIL; AT THE SOUTHWEST CORNER

OF MARYLINN DRIVE BRIDGE OVER
PENITENCIA CREEK. CITY OF MILPITAS.

ELEV = 18.44 FEET (NAVD88 DATUM)BASIS OF BEARING:

THE CALCULATED BEARING OF N67°57'54"W,

BETWEEN FOUND MONUMENTS, AS SAID

MONUMENTS ARE SHOWN ON THAT

CERTAIN AMENDED FINAL MAP ENTITLED
“TRACT 6744” RECORDED ON JUNE 29, 1988
IN BOOK 588 OF MAPS AT PAGES 1
THROUGH 9, SANTA CLARA COUNTY

RECORDS, WAS TAKEN AS THE BASIS OF
BEARINGS FOR THIS SURVEY.

CUTFILLIMPORTEXPORT
465 CY416 CY0 CY49 CY

OVER-EX
0 CY

REGISTERED ENGINEER RCE NUMBER
PREPARED BY: NAZARETH CIVIL
445 S FIGUEROA ST, STE 3137
LOS ANGELES, CA 90071
(818) 399-9135
YONAS MISGINA 90746

Page 90 of 196 ends

DN
DN
DN
LANDS OF JAMES C. WU
LOT 24
TRACT 6744588-M-01
APN:042-30-021
AREA= 2.370 AC±
C-2.0

1.ALL DIMENSIONS ARE IN FEET UNLESS NOTED
OTHERWISE.

NOTES:

CONSTRUCTION NOTES:

GRADING PLAN

IN THE TOWN OF MILPITAS

STATE OF CALIFORNIA
LEGEND

PROPERTY LINE

ADJACENT PROPERTY LINE

CENTERLINE

EASEMENT
EASEMENT E.A.E.

EASEMENT OPEN SPACE

HARDSCAPE

BUILDING LINE

BENCHMARK

CLEAN OUT

GAS METER

UTILITY POLE W/ GUY WIRE
VALVE

CATCH BASIN / DROP INLET

WATER METER

UTILITY BOX (SIZE VARIES)
SIGN

TREE W/ SIZE AND ELEVATION
POST

EXISTING SPOT ELEVATION

CONCRETE
FENCE

EDGE OF PAVEMENT

EDGE DIRT ROAD

SINGLE TREE

TREES AND BRUSH

SANITARY SEWER

STORM DRAIN
WATER

JOINT TRENCH

NEW CONSTRUCTION LINE

NEW BACKYARD PAVING

1.NEW BUILDING FOOTPRINT, PAD AND FINISH FLOOR

ELEVATIONS PER PLANS

2.NEW DRIVEWAY, 6" CONC. ON 4" C.A.B.

3.ROOF DOWNSPOUT LOCATIONS, CONNECT TO 4" PVC

UNDERGROUND DRAINAGE PIPE

4.CONCRETE DRAINAGE SWALE, FLOWLINE PER PLANS

5.9X9" NDS GRATED INLET OR EQUIVALENT, CONNECT TO
4" PVC UNDERGROUND DRAINAGE PIPE

6.12" WIDE GRATED TRENCH DRAIN INLET, CONNECT TO
4" UNDERGROUND DRAINAGE PIPE

7.CONCRETE BLOCK RETAINING WALL, HEIGHTS PER
PLANS

8.ROCK RIP RAP ENERGY DISSIPATOR, INVERT

ELEVATION OF PIPE PER PLANS

PROPOSED SPOT ELEVATION
Feet
04080
EXISTING IMPERVIOUS AREA = 0 SF
PROPOSED IMPERVIOUS AREA = 9,458 SF < 10,000 SF

NOT A REGULATED PROJECT
SITE DESIGN FEATURES:
-CLUSTER STRUCTURES AND PAVEMENT
-DIRECT ROOF RUNOFF TO VEGETATED AREAS
-PROTECT OPEN SPACE

SOURCE CONTROL FEATURES
-COVERED TRANS ENCLOSURE
-CONNECTION OF DISCHARGES FROM INDOOR WASH

WATER, DUMPSTER DRIPS FROM COVERED TRASH

ENCLOSURE, SWIMMING POOL WATER AND FIRE

SPRINKLER TEST WATER TO THE SEWER SYSTEM

REGISTERED ENGINEER RCE NUMBER
PREPARED BY: NAZARETH CIVIL
445 S FIGUEROA ST, STE 3137
LOS ANGELES, CA 90071
(818) 399-9135
YONAS MISGINA 90746

Page 91 of 196 ends

DN
DN
DN
LANDS OF JAMES C. WU
LOT 24
TRACT 6744588-M-01
APN:042-30-021
AREA= 2.370 AC±
C-3.0

EROSION CONTROL PLAN

IN THE TOWN OF MILPITAS

STATE OF CALIFORNIA
Temporary Sediment Control
SE1 – Silt Fence
SE2 – Sediment Basin
SE3 – Sediment Trap
SE4 – Check Dam
SE5 – Fiber Rolls
SE6 – Gravel Bag Berm
SE7 – Street Sweeping and Vacuuming
SE8 – Sandbag Barrier
SE9 – Straw Bale Barrier
SE10 – Storm Drain Inlet Protection
Wind Erosion Control
WE1 – Wind Erosion Control
Equipment Tracking Control
TC1 – Stabilized Construction Entrance/Exit
TC2 – Stabilized Construction Roadway
TC3 – Entrance / Outlet Tire Wash
Non-Stormwater Management
NS1 – Water Conservation Practices
NS2 – Dewatering Operations
NS3 – Paving and Grinding Operations
NS4 – Temporary Stream Crossing
NS5 – Clear Water Diversion
NS6 – Illicit Connection / Discharge
NS7 – Potable Water / Irrigation
NS8 – Vehicle and Equipment Cleaning
NS9 – Vehicle and Equipment Fueling
NS10 – Vehicle and Equipment Maintenance
NS11 – Pile Driving Operations
NS12 – Concrete Curing
NS13 – Concrete Finishing
NS14 – Material and Equipment Use
NS15 – Demolition Adjacent to Water
NS16 – Temporary Batch Plants
Erosion Control
EC1 – Scheduling
EC2 – Preservation of Existing Vegetation
EC3 – Hydraulic Mulch
EC4 – Hydroseeding
EC5 – Soil Binders
EC6 – Straw Mulch
EC7 – Geotextiles & Mats
EC8 – Wood Mulching
EC9 – Earth Dikes and Drainage Swales
EC10 – Velocity Dissipation Devices
EC11 – Slope Drains
EC16 - Non-Vegetative Stabilization
Waste Management & Material Pollution Control
WM1 – Material Delivery and Storage
WM2 – Material Use
WM3 – Stockpile Management
WM4 – Spill Prevention and Control
WM5 – Solid Waste Management
WM6 – Hazardous Waste Management
WM7 – Contamination Soil Management
WM8 – Concrete Waste Management
WM9 – Sanitary / Septic Waste Management
WM10 – Liquid Waste Management
Stormwater Pollution Prevention Plan Notes

1.Every effort shall be made to eliminate the
discharge of non-stormwater from the project site at all times.

2.Eroded sediments and other pollutants shall be
retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage
courses, or wind.

3.Stockpiles of earth and other construction-related
materials shall be protected from being transported from the site by the forces of wind or water.

4.Fuels, oils, solvents, and other toxic materials
shall be stored in accordance with their listing and shall not contaminate the soil and surface waters. All approved storage containers shall be protected from the weather.

Spills shall be cleaned up immediately and disposed of in a proper manner. Spills shall not be washed into the
drainage system.

5.Excess or waste concrete shall not be washed into
the public right-of-way or any other drainage system.

Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste.

6.Trash and construction-related solid wastes shall
be deposited into a covered receptacle to prevent
contamination of rainwater and dispersal by wind.

7.Sediments and other materials may not be tracked
from the site by vehicle traffic. The construction entrance roadways shall be stabilized so as to inhibit sediments from being deposited into the public right-of-way.

Accidental depositions shall be swept up immediately and shall not be washed down by rain or other means.

8.Any slopes with disturbed soils or denuded of
vegetation shall be stabilized so as to inhibit erosion by wind and water.

9.The following BMP's as outlined in, but not limited
to, the “Best Management Practice Handbook, California
Stormwater Quality Task Force,
Sacramento, California, the latest revised edition, may apply during the construction of this project (additional measures may be required if deemed appropriate by City
inspectors)Feet
1:120
20 10 0 5
SE-5
TC-1
SE-5
SE-1

REGISTERED ENGINEER RCE NUMBER
PREPARED BY: NAZARETH CIVIL
445 S FIGUEROA ST, STE 3137
LOS ANGELES, CA 90071
(818) 399-9135
YONAS MISGINA 90746

Page 92 of 196 ends

C-4.0

EROSION CONTROL DETAILS

IN THE TOWN OF MILPITAS

STATE OF CALIFORNIA
≥

REGISTERED ENGINEER RCE NUMBER
PREPARED BY: NAZARETH CIVIL
445 S FIGUEROA ST, STE 3137
LOS ANGELES, CA 90071
(818) 399-9135
YONAS MISGINA 90746

Page 93 of 196 ends

DN
DN
4"SD
4"SD
4"SD
4"SD
4"SD
LOT 23
TRACT 6744
588-M-01
LOT 22
TRACT 6744
588-M-01
TC 932.65FL 932.20
TC 931.75
FL 931.30
5' S.D.E.

PER 588-M-01
G.Z. "A"
PER 588-M-01
G.H.Z. "B"
PER 588-M-01
10' P.S.E.1870 O.R. 263
5' P.S.E.
1870 O.R. 263
5' P.S.E.
1870 O.R. 263

LANDSCAPE AND

OPEN SPACE EASEMENT
L211 O.R. 1347
7 TW 917.000
BW 915.500
NG 916.000
TF 914.500
7 TW 920.750
BW 915.750
NG 924.357
TF 914.500
7 TW 920.750
BW 916.042
NG 927.600
TF 915.000
7 TW 920.750
BW 916.140
NG 925.960
TF 915.000
7 TW 920.750
BW 916.600
NG 918.232
TF 915.600
5 TG 915.500
IE 914.5000
IE 901.1300
8 PIER
TOP 909.00
BOTTOM 894.75
PIER
TOP 908.64
BOTTOM 895.88
PIER
TOP 913.00
BOTTOM 901.30
PIER
TOP 919.85
BOTTOM 904.50
PIER
TOP 922.97
BOTTOM 910.50

1.5:1 GRADING

FILL SLOPES
2:1
W
SDDI RIM 931.46

FULL OF DEBRIS
SDDI RIM 888.18
INV 18"CPP IN (SE) 883.38
INV 18"CPP IN (SW) 883.38
INV 24"CPP OUT (NW) 883.28
4"CPP INV 927.12
N59°43'56"W 326. 69'
N10°32'26"E 169.82'
Δ=64°48'56" L=56.56'
LANDS OF JAMES C. WU
LOT 24
TRACT 6744
588-M-01
APN:042-30-021
AREA= 2.370 AC±
5'IF5'IF

DIRTDIRT
DIRT
DIRT
DIRT
18"CPP
18"CPP
910.497
890.000
900.000
910.000
920.000
888.000
892.000
894.000
896.000
898.000
902.000
904.000
906.000
908.000
912.000
914.000
916.000
918.000
922.000
924.000
VISTA

SPRINGS
CT

PROPERTY LINE
931.67

EXISTING NATURAL

HILLSIDE FLORA TO
REMAIN

PLANTING LEGEND

SCRUB OAK

QUERCUS

BERBERIDIFOLIA

DECOMPOSED GRANITE

PERMEABLE PATHWAY

COYOTE BUSH

BACCHARIS

PILULARIS

CARAMEL CREEPER

CEANOTHUS GRISEUS

HORIZONTALIS

RED BUCKWHEAT

ERIOGONUM GRANDE

RUBESCENS

FLATTOP BUCKWHEAT

ERIOGONUM

FASCICULATUM

POLIFOLIUM
Scale
Project number
Date
Architect
PhanTom Architecture Studio
740 Mandana Blvd
Oakland, CA 94610
Contact: Michael R Tom, AIA
Phone: 415.857.5592
e-mail: [email protected]
Civil Engineer
Nazareth Engineering
17821 Lassen St #242
Los Angeles, CA 91325
Contact: Yonas Misgina, PE
Phone: 818.399.9135
email: [email protected]
www.phantomarchitecture.com

LANDSCAPE PLAN
P-SD23-0005

VISTA SPRING RESIDENCE
02/02/2021
3/32" = 1'-0"1 LANDSCAPE PLAN
0' 4' 8' 16'
N
No. Description Date
PLANNING 04/07/2023
PLANNING 11/02/2023

Page 94 of 196 ends

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-Leadership and Support Services Meeting Date: 4/2/2024
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 th, 2023 and December 18 th, 2023 for storm drain repairs and improvements at Evans Road and Piedmont Creek, respectively. Subsequently, the City issued a Notice to Proceed to the Contractor to commence work beginning December 18th, 2023.

The contractor substantially completed improvements at Piedmont Creek, per project plans and specifications, the week of February 20 th. The first progress payment for improvements at Piedmont Creek was submitted the week of March 4 th. Work on storm drain improvements at Evans Road commenced the week of February 20th and was substantially completed the week of March 18th.

Upon completion of the Evans Road improvements, the City will perform a site walkthrough to ensure the improvements at both project locations have been completed per project plans and specifications and the project

Page 95 of 196 ends

site(s) are satisfactorily restored to pre-project conditions. The City will subsequently issue a punch-list for any outstanding items prior to deeming the project complete. Both projects are anticipated to be deemed complete the week of April 8th.

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 March 20, 2024, the balance in CIP 3715 is $1,460,724.

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

Page 96 of 196 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute a Software License and Professional Services Agreement with CivicPlus LLC for SeeClickFix Subscription Services (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/2/2024
Recommendation: Approve and authorize the City Manager to execute a software license and professional services agreement with CivicPlus LLC. for SeeClickFix subscription services for a total amount not-to-exceed $121,048.24, subject to the annual appropriation of funds.

BACKGROUND:

On May 31, 2019, the City entered into a Professional Services Agreement with SeeClickFix, Inc., now CivicPlus LLC, for SeeClickFix subscription for only 20 user licenses, training, and Apple/Android apps to be provided to the City, with a term period of June 1, 2019, through May 31, 2024, and a maximum compensation amount of $90,000.00. SeeClickFix powers the City’s MyMilpitas App, which provides online access to public issue reporting and data analysis. This application can be accessed online or through mobile apps and is the City’s service request tool.

On April 9, 2021, the City entered into an Assignment and Assumption of Contract agreement due to the merger of SeeClickFix Inc. and Civic Plus, LLC. Amendment No. 1 was executed on April 16, 2021, to increase the compensation by $6,000.00 to purchase an upgrade to provide SeeClickFix-hosted integration with Lucity (TriTech Software Systems, Inc.) with Service Requests and Work Orders.

On October 29, 2021, the City executed Amendment No. 2 to provide SeeClickFix unlimited annual licenses for the period of September 30, 2021, through May 31, 2024, and increase total compensation by $13,969.18 for a total maximum compensation of $109,969.18.

ANALYSIS:

Prior to the implementation of SeeClickFix/My Milpitas App, work requests came through from phone calls or emails to the Public Works Department. Information Services also developed a web portal and Apple only app for residents to submit work requests. Work requests received through this portal and app would be screened by staff in the Information Services Department and then forwarded in an email to the Public Works Department. All work requests received by the Public Works Department would then be manually entered as work orders in Maintenance Connect, the City’s previous work management system.

With the implementation of SeeClickFix/My Milpitas App, residents are able to initiate work requests online or through an app, follow the status of the work request, and be notified when the work has been completed. The launch of the new online tools in November 2019 included a new website and mobile applications that enhanced customer service, providing easier access through smartphones, tablets, and greater online access to City services and information. Residents can easily provide City staff with pictures, videos, specific descriptions, and other valuable information needed to get their concerns submitted efficiently. Once logged, a request is assigned to the proper department or employee to take care of it, improving the efficiency in responding to issues that are being reported. This utilization of the application has reduced the need for staff to input information from online forms and has allowed for more effective response time and tracking of issues.

Additionally, community members are also able to follow the progress of their request and see what types of

Page 97 of 196 ends

issues are being reported citywide and staff can follow-up directly with the requestor and ask for clarification and provide status updates.

Staff is recommending approval of a new five-year subscription service with CivicPlus, LLC for a not-to-exceed contract amount of $121,048.24 for the contract period of June 1, 2024, through May 31, 2029.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve and authorize the City Manager to execute the software license and professional services agreement with CivicPlus LLC.

Pros: None.

Cons: The City would not be able to continue responding to service requests submitted through SeeClickFix/MyMilpitas App, leading to loss of productivity for staff.

Reason for Not Recommending: The deployment of SeeClickFix/MyMilpitas App has improved customer service delivery to residents and increased productivity for the staff. Since its inception, the City has received and responded to over 20,000 service requests.

FISCAL IMPACT:

Sufficient funding is available in the Public Works Department operating budget. Ongoing renewal costs will need to be approved and appropriated by City Council on an annual basis, subject to the appropriation of funds.

Contract Term Amount
Year 1 6/1/24-5/31/25 $ 22,799.99
Year 2 6/1/25-5/31/26 $ 23,483.99
Year 3 6/1/26-5/31/27 $ 24,188.51
Year 4 6/1/27-5/31/28 $ 24,914.16
Year 5 6/1/28-5/31/29 $ 25,661.59
Not-to-Exceed Amount $121,048.24
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

By the definition provided in the California Environmental Quality Act Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Approve and authorize the City Manager to execute a software license and professional services agreement with CivicPlus LLC for SeeClickFix subscription services for a total amount not-to-exceed $121,048.24, subject to the annual appropriation of funds.

ATTACHMENT(S):
(a) Agreement

Page 98 of 196 ends

38077.00180\29167975.12 C2
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE
CITY OF MILPITAS AND CIVICPLUS, LLC.

This Agreement is made and entered into as of __________________, (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and CivicPlus, LLC, a limited liability company with its principal place of business at 302 S. 4th Street, Ste. 500, Manhattan, KS 66502 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

SeeClickFix Subscription Renewal
(hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Hundred Twenty-One Thousand Forty-Eight Dollars and Twenty-Four Cents ($121,048.24). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes

Page 99 of 196 ends

38077.00180\29167975.12 C2
2 in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.

5. Term.

The term of this Agreement shall be from June 1, 2024 to May 31, 2029, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon the Effective Date.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

Page 100 of 196 ends

38077.00180\29167975.12 C2
3 9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall

Page 101 of 196 ends

38077.00180\29167975.12 C2
4 defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for

Page 102 of 196 ends

Milpitas City CouncilApril 2, 2024

Milpitas City Council
April 2, 2024