Agenda packet — Milpitas City Council, April 16, 2024 (part 3 of 6)

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving Site Development Permit, Density Bonus Permit and Environmental Assessment and Allow the Development of Two MultiFamily Residential Buildings at 1300 South Main Street (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Public Hearings-Community Development
Meeting Date: 4/16/2024
Recommendation: (1) Conduct a public hearing on the development of two multi-family residential buildings with 118 below-market rate (100% affordable); (2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section §15332 (Class 32: In-Fill Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and, (3) Adopt a resolution to approve Site Development Permit No. SD22-0015, Density Bonus Permit No. DB23-0011 and Environmental Assessment No. EA23-0015, subject to the findings and Conditions of Approval.

BACKGROUND:

The City of Milpitas received an application from AMG & Associates, LLC (applicant) requesting a Site Development Permit, Density Bonus Permit, and Environmental Assessment to allow the development of two separate multi-family residential buildings, consisting of 118 below-market-rate dwelling units, up to 77 feet and 8 inches (six stories), 39 vehicular parking spaces, community garden, and associated site improvements on a

0.966-acre site at 1300 South Main Street in the McCandless District of the Milpitas Metro Specific Plan.

The Project consists of 15 studios, 39 one-bedroom, 34 two-bedroom, and 30 three-bedroom apartment units.

All of the units, with the exception of two manager’s units, will be reserved for lower income households (94 units – low income & 22 – moderate income) and the Project will fully comply with the City’s Affordable Housing Ordinance (AHO). Since the applicant proposes to dedicate more than 10 percent of the units as low-income, the Project also qualifies for concessions, waivers, and parking reductions under the State Density Bonus Law.

The proposed Project requires two entitlements, as follows:

1. Site Development Permit No. SD22-0015: To allow the development of two separate multi-family residential buildings consisting of 118 below-market-rate dwelling units, up to 77 feet in height, 39 vehicular parking spaces, a community garden, and associated site improvements on a 0.966-acre (42,079 sf) parcel; and,

2. Density Bonus Permit No. DB23-0001: To ensure compliance with State Density Bonus Law (Gov. Code § 65915 et seq)
Although not an entitlement, Environmental Assessment No. EA23-0015 was prepared to establish CEQA compliance.

At its March 27, 2024 meeting the Planning Commission voted (6-1) to adopt Resolution No. 24-011 recommending that the City Council approve Site Development Permit No. SD22-0015, Density Bonus No.

DB23-0011, and Environmental Assessment No. EA23-0015, based on the Findings and subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit 1, the CEQA Exemption

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Memorandum attached hereto as Exhibit 2, and the CEQA Exemption Supporting Technical Studies attached hereto as Exhibit 3, subject to the Conditions of Approval. With a recommendation that the Applicant explore all available opportunities to provide alternative sources of parking. Including parking agreements with other nearby entities.

Staff has found that the required entitlements comply with the policies, standards, and processes outlined in the State Density Bonus Law, the City of Milpitas 2040 General Plan, the Milpitas Metro Specific Plan (MMSP), the Zoning Ordinance, Objective Design Standards (ODS), and other provisions of the Milpitas Municipal Code (MMC), and recommends that the Planning Commission open and close the public hearing, consider the exemptions in accordance with CEQA, and adopt Resolution No. 24-011, recommending approval of the Project to the Milpitas City Council, subject to the conditions of approval. The balance of this report provides specific details regarding the Project.

History
On May 19, 1983, the Planning Commission approved a Conditional Use Permit (No. 591) for a tool rental business as required by the zoning ordinance for a “Contractors yard and office.” As of October 2018, Arena Stuart Rentals, Inc. has been operating out of the existing 1,300-square-foot office building onsite.

On June 3, 2008, the City Council adopted the Transit Area Specific Plan (TASP or Plan). The Plan encompassed 437 acres and envisioned the development of 7,109 dwelling units, 287,075 square feet of retail space, 993,843 square feet of office and industrial park space, and 350 hotel rooms. The Plan included development standards, goals, and policies to guide development within the Plan area. Because of the unique physical characteristics of various portions of the TASP, the Plan also established seven subdistricts, each with specific goals and policies to accommodate those unique characteristics.

On February 8, 2021, AMG & Associates, LLC. (applicant) submitted a Notice of Intent (NOI) informing the Planning Department of their intent to seek streamlined ministerial approval under SB 35.

On November 23, 2021, AMG & Associates (AMG) submitted a formal planning application (File No. P-PP21- 0013) to develop two multi-family residential buildings AMG claimed the project qualified for Senate Bill 35 (SB35) status. SB35 is a statute streamlining housing construction in California counties and cities that fail to build enough housing to meet state mandated housing construction requirements.

On February 1, 2022, the City of Milpitas (City) conducted a Public Oversight Meeting to discuss the Project. At that meeting, it was determined the project is SB35 compliant, but requested AMG consider modifying the project to incorporate the following:
• Adding some on-site parking.
• Creating a ride-share drop-off vehicle parking space. • Installing digital surveillance (i.e., security cameras) within the project site. • Provide some open space.
• Consider a portion of property to be used as a community garden.

On January 25, 2023, the applicant submitted a formal application for the subject Project which added 39 onsite parking spaces.

On February 7, 2023, the City adopted the Milpitas Metro Specific Plan (MMSP) to replace the TASP. The MMSP increases the Plan Area from approximately 437 acres to approximately 510 gross acres and includes annexations on the east and west sides of the original Plan Area. The long-term focus of this work is to continue and accelerate the transformation of this area from industrial and auto-oriented to a vibrant, connected, and fully developed transit-oriented neighborhood.

At the Planning Commission meeting of March 27, 2024, the Applicant confirmed that digital surveillance (i.e., security cameras) will be installed within the project site, and buildings, garages, laundry rooms and stairwells.

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Additionally, the Project provides some open space along S Main Steet, for both residents and guests of the property and a private Community Garden has been added to the north end of the project site, along S Main Street.

ANALYSIS:

This analysis will evaluate elements of the proposed Project for conformance with the Milpitas 2040 General Plan, the Zoning Ordinance, and other provisions of the Milpitas Municipal Code and the State Density Bonus Law.

This section will evaluate elements of the proposed Project for conformance with the Milpitas 2040 General Plan, the Milpitas Metro Specific Plan (MMSP), the Zoning Ordinance, Objective Design Standards (ODS), other provisions of the Milpitas Municipal Code, and the State Density Bonus Law.

General Plan Conformance
The General Plan designation for the project site is the Milpitas Metro Specific Plan – MMSP. The designation is intended to create a framework for a walkable, transit-oriented area with a mix of land uses, which encourages walking, biking, and transit trips and minimizes vehicle trips and reduces vehicle miles traveled (VMT).

The project is consistent with the applicable policies and standards in the City’s General Plan, as outlined in Table 1.

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

Consistent. The Project provides 118 new
housing units, resulting in a housing density of
122.15 dwelling units per acre. Of the 118 units,
94 would be rental units offered at 80-percent
area median income (low income), and 22 would
be rental units offered at 110-percent area
median income (moderate income). By providing
this type of housing at this density, Milpitas can
accommodate residents from various income
levels, age groups, and with special needs,
fostering a more vibrant and sustainable
community.

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

Consistent. The Project maintains the existing
sidewalks and provides long and short-term bike
racks on-site to accommodate pedestrians and
gives bicyclists unobstructed access to a major
transit stop (VTA Great Mall Light Rail Station),
which is located within one-half mile of the site.

Policy CD 2-7: Include design elements during the
development review process that address security,
aesthetics, and safety. Safety issues include, but are not limited to, minimum clearance around buildings, fire
protection measures such as peak load water
requirements, construction techniques, and minimum
standards for vehicular, bicycle, and pedestrian facilities and other standards set forth in local, state, and federal regulations.

Consistent. The proposed apartment parking
structure provides adequate and safe circulation
for vehicles. The proposed apartment complex
also provides adequate site illumination by
installing wall-mounted lighting. Furthermore, the
Milpitas Fire Department (MFD) and the Milpitas
Police Department (MPD) have reviewed the site
plans for the Project to ensure adequate
protection measures are implemented.

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Policy Conformance
Policy LU 2-3: Allow densities and intensities which
exceed the generally allowed ranges defined by the
underlying land use for projects utilizing Density Bonus provisions (included within the Milpitas Affordable
Housing Ordinance Title XII - HOUSING Chapter 1 -
AFFORDABLE HOUSING ORDINANCE) including
bonuses for senior housing, affordable housing, and for projects within designated overlay districts included in Milpitas Municipal Code Section 12 - Overlay Districts
and Standards.

Consistent. Through State Density Bonus Law,
the Project provides a density of 122 dwelling
units per gross acre, which exceeds the generally
allowed density range in general plan the
underlying zoning district.

Policy CD-10: Design multi-family residential, mixed
use, commercial, and employment-generating
development in neighborhoods, districts, and centers to:
a.) Include open space and/or recreational amenities to provide visual relief from development, form pedestrian and bicyclist linkages to adjacent uses and other
portions of the neighborhood, district, or center, and
serve as buffers between uses, where necessary;
b.) Locate building access points along sidewalks,
pedestrian areas, and bicycle routes, and include
amenities that encourage pedestrian activity;
c.) Create a human-scale ground-floor environment that
includes public open areas that separate pedestrian
space from auto traffic or where these intersect, give
special regard to pedestrian safety; and
d.) Provide comfortable pedestrian amenities, such as
quality seating areas, lighting, and wide, shaded paths, along with specialized and engaging design features,
such as interesting fountains or public art to draw and maintain people's attention.

Consistent. The Project provides open space
and recreational amenities on-site, including an
outdoor recreational area that consists of an
outdoor playground on turf areas, a bench, and
bike racks.

The proposed outdoor recreational area will be
visible to pedestrians, bicyclists, and motorists
traveling along South Main Street. Pedestrian
and bicycle access to the Project Site will be
provided along South Main Street. Pedestrian
access on-site will be provided to each apartment
building. Additionally, pedestrian and bicycle
routes will be provided via walkways and
sidewalks.

Refer to response to Policy CD 2-7 regarding the
proposed lighting fixtures for the Project. The
Project will include a direct connection to an
existing pedestrian sidewalk on S Main.

The Project also provides an entrance plaza for
Building B, which creates a separate pedestrian
space from the auto traffic.

The site includes a community garden area,
benches, and bike parking along South Main
Street.

Milpitas Metro Specific Plan (MMSP) Conformance
The MMSP land use designation for the Project is Multi-Family Very High Density Residential (VHD). This designation allows high-density residential development, such as multi-story apartments and condos. As demonstrated in Table 2, the Project is consistent with the applicable MMSP land use policies.

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Table 2: MMSP Consistency
Policy Conformance
LU 3. Housing Diversity and Affordability.

Provide transit-oriented housing that is accessible
and affordable for a range of household types and
income levels.

Consistent. The Project provides 118 new
housing units, resulting in a housing density of
122.15 dwelling units per acre. Of the 118 units, 94
units would be rental units offered at 80 percent
area median income (low income) and 22 units
would be rental units offered at 110 percent area
median income (moderate income). By providing
this type of housing at this density, Milpitas can
accommodate residents from various income
levels, age groups, and with special needs,
fostering a more vibrant and sustainable
community.

PPS 6. Community Gardens. Include
Community Gardens for community
wellness and benefit.

Consistent. The Project provides a private
community garden that will allow residents to grow
local flowers, fruits, vegetables, and herbs.

LU 2. Transit Orientation. Capitalize on the transit
orientation of the Plan Area to support transit
ridership, reduce traffic congestion and greenhouse
gas emissions, and support livability.

Consistent. The Project maintains the existing
sidewalks and provides long and short-term bike
racks on-site to accommodate pedestrians and
provide bicyclists unobstructed access to a major
transit stop (VTA Great Mall Light Rail Station),
which is located within one-half mile of the site.

PA 4.1. Citywide Objective Design Standards.

Follow Citywide Objective Design Standards for
multi-family and mixed-use buildings, when
applicable.

Consistent. As demonstrated in the attached
Objective Standards Checklist, the project is
consistent with most of the applicable Objective
Design Standards (ODS). Where the project is not
in compliance with objective standards, the State
Density Bonus Law requires the City to grant
appropriate concessions and waivers for qualifying
projects.

PA 3.4. Landmark Building Design. Design and
build new signature, landmark buildings to reflect
Milpitas Metro’s regional connectivity within Silicon
Valley as a place for innovation, and to create a
memorable skyline. Buildings are encouraged to
have their own identity and use contemporary
methods to define the character of the district.

Consistent: The Project’s contemporary flat iron
architectural design visually separates its typology
from other suburban housing offerings while
complementing the adjacent townhome projects
along South Main Street. Grouped into small
blocks that are stacked and glued together, the
articulated façades foster a dynamic vertical play
between space and void with layers of light and
color.

However, the Project site has not been rezoned yet. As such, the current zoning designation Multiple-Family Very High Density with Transit Oriented Development Overlay (R4-TOD) and its standards remain in place wherever the MMSP is silent for development standards. The purpose of this overlay district is to provide for land uses, land densities and intensities and development standards that act to enhance and support transit and to locate such uses near rail transit stations. These provisions allow for a mix of goods and services within a convenient walk of the transit stations, encourage the creation of stable, attractive residential, commercial, and industrial environments within the District, and provide for a desirable transition to the surrounding conventional areas. The project, as proposed, with the approval of Density Bonus concessions and waivers, meets the development standards of the Multiple Family – Very High Density Residential (R4) zoning district.

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As demonstrated in Table 3, the project is consistent with most of the applicable development standards for the Metro - Multiple Family – Very High Density Residential (R4) Zoning District. Where the project is not in compliance with objective standards, the State Density Bonus Law requires the City to grant appropriate concessions and waivers for qualifying projects. In addition, the City of Milpitas Affordable Housing Ordinance (AHO) provides waivers for qualifying projects.

Table 3: Summary of MMSP and R4-TOD - Development Standards Development
Standard Required Proposed Complies?
Density (Objective
Zoning Standard)
40-85 dwelling units/acre (base
density under MMSP)
72 – 153 dwelling units/acre (with
an 80% density bonus allowed
for 100% affordable projects
under the State Density Bonus
Law 65915(f)(3)(D)(i).
122.15
dwelling
units/acre
Yes, because the project
complies with State Density
Bonus Law
Building Height,
maximum
75 feet, an increase of up to
three additional stories, or 33
feet are allowed with the State
Density Bonus Law
77 feet, 8
inches
Yes, because the project
complies with State Density
Bonus Law and is located
within ½-mile of the VTA
Great Mall light rail station
Front Yard Setback
8 feet min,
20 feet max
from the back
of the sidewalk
6 feet Yes, with approval of a
waiver under the AHO
Side Yard Setback
(street side),
minimum
8 feet min,
15 feet max
from the back
of the sidewalk
32 feet, 11
inches
Yes, with approval of a
waiver under the AHO
Side Yard Setback
(interior) Minimum 10 feet
6 feet, 9
inches
Yes, with approval of a
waiver under the AHO
Rear Yard Setback,
Minimum 10 feet 6 feet Yes, with approval of a
waiver under the AHO
Projections into
Required Yards
Porches, stairs, balconies, bay
windows, and awnings may
project up to six feet into required
setbacks.

The project
includes no
projections
into required
yards
Yes
Building Orientation
and Entrances
Buildings must face the street;
and primary building entrances
must be oriented toward the
street.

Buildings
entrances
face S. Main
Street
Yes

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Development
Standard Required Proposed Complies?
Private development must
provide on-site open
space at a rate of 100 square
feet of private or
common space per unit.
118 Units x 100 sq ft = 11,800 sq
ft required delta of 2,386 sq ft
9,414 sq ft
Yes, with approval of a
waiver under the State
Common Open Space Density Bonus Law.
(MMSP)
• Courtyards
• Gardens
• Play areas
• Outdoor dining
• Recreation amenities
• Rooftop amenities
• Landscaping
Common Shared
Space Minimum of 30% of
total open space
.30 X 11,800 = 3,540 sq ft
required
3,975 sq ft
Yes
Publicly accessible
• Park
• Plaza
• Garden
• Public sitting area
Accessible to the
Public Minimum of 5% of
total open space
.05 X 11,800 = 590 sq ft required
+590 sq ft Yes
Off-Street Parking,
minimum
Minimum parking requirements
are no longer applicable to 100%
affordable projects of this kind
with unobstructed access to a
major transit stop within ½ mile.
(Gov. Code, § 65915(p)(3)(A).)
39 Yes, this project is located
within one-half mile of the
VTA Great Mall light rail
station.

Bicycle Parking
Long-Term Parking Requirement

0.5 spaces per bedroom, 197
bedrooms/2= 98.5
Short-Term Parking
Requirement

0.1 spaces per bedroom,
197/10=19.7~
Long
Term:26
Short
Term:20
Yes, with approval of a
waiver under the AHO
Tree Removal
If any protected trees are
proposed for removal, they must
be replaced by a 2:1 ratio.

None Yes
State Density Bonus Law
To encourage affordable housing production, the State Density Bonus Law (Gov. Code § 65915 et seq.) allows developers to receive a density bonus and other incentives, such as concessions, waivers, and parking reductions, when affordable housing is incorporated within a project. The Density Bonus is a state mandate, and any Project that meets the requirements of the state law is entitled to receive the incentives associated with it.

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shall be an increase of 80 percent over the maximum allowable residential density (85 units/ac) under the Metro Specific Plan. The applicant may also request waivers and concessions under the State Density Bonus Law. For a project of this kind, the applicant is entitled to 5 concessions. There is no limit to the waivers an applicant may request to reduce additional development standards, but waivers must be justified by showing that they eliminate a physical impediment to the construction of a development the applicant would otherwise be permitted to build. The Project includes 94 apartment units at the lower-income rental level and 22 apartment units at the moderate-income level, which satisfies the 15 percent total units required under the City’s Affordable Housing Ordinance. The City must grant appropriate waivers and concessions requested by the applicant for a qualifying project under the State Density Bonus Law, unless there are unmitigable specific, adverse health or safety impacts.

Table 4 outlines the density bonus, waivers, requested for the proposed Project.

Table 4: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant Request Justification Discretion Concession(s)
ODS Standard 3.4.1
Active Frontage: This
development standard
requires active
frontages with active
uses at the ground
level.

Not provide an
active frontage
The City Council On
February 1,2022 requested
parking within the
development project, and
due to the site
constraints, the project
was unable to meet this
standard as the podium
parking configuration was
the only way to provide
adequate parking
This
Concession is
allowed under
State Density
Bonus Law and
must be granted
by the City
unless it finds,
based upon
substantial
evidence, that
the waiver
would have a
specific adverse
impact on public
health or safety
Concession(s)
ODS Standard 5.5.1
Allowed Building
Materials: This
development standard
requires a variation in
building materials.

Secondary materials
shall cover the
remainder of each
facade (excluding
windows, doors,
garage doors, and
building trim) from 25
to 35% (of the total
facade).

Not to provide a
secondary
material
The applicant estimates
that secondary materials
can cost an additional $10
per sq ft. For Building A
alone, the facades
roughly total 171,162 sf.
ft. in area, of which an
estimated 42,790 sq. ft.
will need to feature a
secondary material. With
the above estimates, the
applicant calculates an
additional cost of
$427,905 for the budget
of Building A alone
This
Concession is
allowed under
State Density
Bonus Law and
must be granted
by the City
unless it finds,
based upon
substantial
evidence, that
the waiver
would have a
specific adverse
impact on public
health or safety

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Type of
Modification Standard Applicant Request Justification Discretion Concession(s)
ODS Standard 5.3.1
Fenestration Design:

This development
standard requires
windows to be
recessed a minimum
of 2 inches or for flat
windows to provide a
recessed facade
modulation with a
minimum of 4 inches in
depth.

Not provide the
required
recessed at a
minimum of 2
inches.

Applicant estimates the
implementation of the
recessed facade
modulation to cost an
additional $30 per window
for the additional material
and labor for the
installation. The project
proposes 427 windows on
the residential floors. This
amounts to an additional
cost of $12,810
to the project
This
Concession is
allowed under
State Density
Bonus Law and
must be granted
by the City
unless it finds,
based upon
substantial
evidence, that
the waiver
would have a
specific adverse
impact on public
health or safety
Concession(s)
ODS Standard 4.3.2
Base/Middle/Top: This
development standard
requires buildings
three stories or taller
and a building length
greater than 50 feet to
be designed to
differentiate a defined
base, middle,
or top.

Not provide a
defined upper
floor or TOP
differentiation
design/material
The introduction of upper
floor setbacks will
eliminate units, thus
increasing the land basis
for each unit
This
Concession is
allowed under
State Density
Bonus Law and
must be granted
by the City
unless it finds,
based upon
substantial
evidence, that
the waiver
would have a
specific adverse
impact on public
health or safety
Concession(s)
ODS Standard 5.1.2
Ground Floor
Facades: This
development standard
requires facades to
have a
minimum 50%
transparent glazing
between 3 and 7.5 feet
in height above
finished floor.

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Type of
Modification Standard Applicant Request Justification Discretion Waivers(s) Common Open Space
(MMSP)
Not meet the
total sq ft
amount
required
This standard is eligible
as a waiver because
including the delta in
private/ common open
space would require the
reconfiguration of units on
the higher floors to
accommodate the
additional on-site open
space, which would result
in the loss of units and
residential floor area.

This Waiver is
allowed under
the State
Density Bonus
Law if it
physically
prevents
development
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
unmitigable
adverse impact
on public health
or safety and
welfare
Waivers(s)
ODS Standard 3.2.2
Pedestrian
Connections: This
development standard
is found in section

3.2.2 of
the Milpitas Objective
Design Standard. This
standard requires
entrances serving
more than 20 units
to be 8 feet.

Not provide
entrance at a
minimum of 8
feet in width
The Applicant requests
relief from this
requirement because of
the site’s unusual
triangular shape.

Pedestrian pathways are
provided to the main
entrance of each building.

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Type of
Modification Standard Applicant Request Justification Discretion Waivers(S)
ODS Standard 3.5.1
Vehicle Access +
Parking: This
development standard
requires above grade
structured parking
levels facing a public
right-of-way to be lined
with commercial or
habitable uses with a
minimum depth of 20
feet.

Not provide
commercial or
habitable use
along the public
right-of-way
The site is unusually
shaped and physically
constrained from adding
the required uses to the
ground floor, as this
would place the structure
well beyond the minimum
setback area. Adding
these uses within the
existing footprint would
eliminate parking spaces
and require the relocation
of some equipment and
utility rooms to upper
floors. As a result,
residential units will be
eliminated
This Waiver is
allowed under
the State
Density Bonus
Law if it
physically
prevents
development
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
unmitigable
adverse impact
on public health
or safety and
welfare
Waivers(S)
ODS Standard 3.7.1
Service Areas,
Storage, Utilities, and
Equipment: This
development standard
requires utilities and
equipment, service,
storage, and nonpassenger loading
areas to be located
inside buildings or on
facades other than the
Primary Building
Frontage, along alleys,
parking areas, and/or
at the rear or side of
building.

Provide Service
Areas, Storage,
Utilities, and
Equipment
along the
façade of the
Primary
Building
Frontage
The project site is
uniquely shaped and
narrow. It is physically
impossible to relocate the
mentioned rooms and
equipment without placing
those items on residential
floors. Additionally, some
of these rooms, like the
fire command room, must
be accessible from Main
Street. Thus, this
standard is eligible to be
waived because it would
have the effect of
physically precluding
construction of the project
at the proposed density
This Waiver is
allowed under
the State
Density Bonus
Law if it
physically
prevents
development
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
unmitigable
adverse impact
on public health
or safety and
welfare
Affordable Housing Ordinance
According to MMC Section XII-1-3.00 (Affordable Housing), the Applicant must reserve 15 percent of the total number of dwelling units within the development as affordable units.

The project will meet the City of Milpitas’s Affordable Housing Ordinance by reserving 94 units for lower income and 22 units for moderate income, as shown in Table 5 and Figures 11 and 12 below. The Project has been

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conditioned to execute an agreement imposing appropriate ownership controls on the affordable units and all other requirements per MMC Section XII-1-3.04 (Design and distribution of affordable units).

Table 5 shows the project’s proposed unit type and affordability, and Figures 11 and 12 show the distribution of affordable units.

Table 5: Summary of Unit Type/Configuration and Affordably Levels The Housing Division reviewed the proposed Project for compliance with the City’s Affordable Housing Ordinance. In accordance with the distribution of the unit types shown in Table 5 above, the Applicant has agreed to distribute the number of affordable unit types as outlined below and as shown to be dispersed throughout the Project as identified in Figures 11 & 12:

Figure 11 – Project Affordable Unit Distribution Building A

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Figure 11 – Project Affordable Unit Distribution Building B Since the Project reserves 100 percent of the total housing units for lower income households, the Applicant shall receive incentives as specified in Section 7 - Incentives to Encourage On-Site Construction of Affordable Units XII-1-7.00. In addition to waivers, incentives and/or concessions that may be provided pursuant to Density Bonus Law, as outlined in MMC Section XI-10-54.15, if the Applicant provides affordable units in excess of 20 percent of the total number of units in the development, the Director of Planning shall grant up to two of the waivers listed in MMC Section XII-1-7.00 that can help increase the feasibility of the construction of affordable units. The Applicant will receive an additional two waivers from the list for every additional five percent of affordable units provided above the 20 percent. The Applicant has chosen the following five waivers outlined in Table 6 below.

Table 6: AHO Waivers
Type of Modification Standard Applicant Request Discretion Waivers(s)
Front Setback – This
development standard is found in
Table 2-2 of the Milpitas Metro
Specific Plan.

This standard requires a setback
of 8 to 20 feet.

The project will provide a
front yard setback of 6 feet.

MMC Section XII-1-7.00
(A)(2) of the Milpitas
Municipal Code allows for a
50 percent reduction of the
required minimum setback
Approved by
the Planning
Director

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Type of Modification Standard Applicant Request Discretion Waiver(s)
Side Setback – This development
standard is found in Table 2-2 of
the Milpitas Metro Specific Plan.

This standard requires a setback
of 10 feet
The project will provide a
side yard setback of 6 feet
and 9 inches.

Section XII-1-7.00 (A)(2) of
the Milpitas Municipal Code
allows for a 50 percent
reduction of the required
minimum setback
Approved by
the Planning
Director
Waiver(s)
Rear Setback – This
development standard is found in
Table 2-2 of the Milpitas Metro
Specific Plan.

This standard requires a setback
of 10 feet
The project will provide a
rear yard setback of 6 feet.

Section XII-1-7.00 (A)(2) of
the allows for a 50 percent
reduction of the required
minimum setback
Approved by
the Planning
Director
Waiver(s)
Long-Term Parking Requirement

0.5 spaces per bedroom, 197
bedrooms/2= 98.5
Short-Term Parking
Requirement

0.1 spaces per bedroom,
197/10=19.7~ Long Term:26
Short Term:20
Long Term:26
Short Term:20
Approved by
the Planning
Director
Objective Design Standards
The development of residential multi-family projects and mixed-use projects in the City of Milpitas is regulated by a variety of documents including the General Plan, Zoning Ordinance, Specific Plans, and other topic specific ordinances. Following the passage of California State Senate Bill 330 (SB 330), the City of Milpitas is required to adopt objective design standards and streamline its housing development and review process to ensure high quality design and facilitate the efficient delivery of new residential units.

Senate Bill 330 (SB 330) defines objective design standards as any standard that: “[Involves] no personal or subjective judgment by a public official and that is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.” (SB 330, Section 66300.7) These standards contain concise and quantifiable language that are designed for consistent interpretation by applicants, reviewers, and approval bodies alike.

These Objective Design Standards (ODS) apply to all new construction projects that meet the following criteria:
• Multi-family projects. Defined as a project consisting of multifamily residential uses only with 2 or more Dwelling Unit or,
• Mixed-use projects, featuring a combination of residential and other uses. Defined as a project consistent of a mix of multifamily residential and nonresidential uses, where at least two-thirds of the square footage of the development is designated for residential use.

The Project was considered a (L) Large – Mid-Rise Building type due to the size of the building. Staff reviewed the project’s conformance against several different quantifiable design standards, including Site Planning, Site Design, Building Design, Building Elements, and Usable and Open Space.

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As demonstrated in the attached Objective Standards Checklist, the project is consistent with most of the applicable Objective Design Standards (ODS). Where the project is not in compliance with objective standards, the State Density Bonus Law requires the City to grant appropriate concessions and waivers for qualifying projects. These are outlined in Table 4: State Density Bonus – Concessions, Waivers, and Incentives.

In conclusion, the project is considered compliant because it conforms to all of the ODS applicable standards, other than those that the Applicant has requested be waived by way of the State Density Bonus Law.

Figures 7 and 8 show the rendering of the apartment building, and Figure 9 shows the colors and materials board.

Figure 7 – Apartment Building 3D Renderings
Figure 8 – Apartment Building 3D Renderings

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Figure 9 – Apartment Colors and Materials Board
Figure 10 – Landscape Plan

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Other Project Details
Specific information regarding project details is provided below to aid the Planning Commission in making its recommendation:

Vehicle Miles Traveled Analysis
The City has adopted a new transportation analysis policy that specifies vehicle miles traveled as the new metric for evaluating transportation impacts, and therefore a project’s effect on automobile delay shall no longer constitute a significant impact. Because VMT is a relatively new method for measuring transportation impacts under CEQA, less data exists to estimate VMT than trip generation based on use and location. VMT is typically estimated using an area-wide travel demand model from a regional transportation agency that calculates VMT based on the number of vehicles multiplied by the typical distance traveled by each vehicle originating from or driving to a certain area.

The City’s adopted Transportation Analysis Policy (dated May 18, 2021) describes the VMT screening process which specifies that “All land-use projects located within one half mile of a major transit stop, or a stop along a high-quality transit corridor, pursuant to State definitions for such facilities; provided the projects include all the following characteristics: minimum Floor Area Ratio (FAR) of 0.75; or minimum residential density of 35 dwelling units/acre except in the Milpitas Metro Specific Plan area which requires a minimum residential density of 50 dwelling units/acre, and the Serra Center which requires a minimum residential density of 40 dwelling units per acre.” The policy also states that in order for a project to be considered exempt, it must also be “Consistent with the applicable Sustainable Communities Strategy (SCS); does not provide more parking than required by the jurisdiction; and does not replace affordable housing with a fewer number of moderate or high- income residential units.” The project meets all these conditions and therefore, subject to City approval, this project would be considered to have a less than significant impact on the VMT in the area.

Traffic and Access
A study was conducted in accordance with the requirements and methodologies set forth by the City of Milpitas, the Valley Transportation Authority (VTA), Caltrans, and the applicable provisions of CEQA. Based on the project’s design and the required transportation impact analysis guidelines, there would be no significant impacts to traffic operations according to established traffic engineering standards and no off-site traffic or transportation mitigations would be required.

The project would have one access driveway from South Main Street for passenger loading and deliveries only.

Staff has determined that the site circulation’s functionality would not cause any safety or operational problems.

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Open Space and Landscaping
The landscape plan includes approximately 9,414 sq ft square feet of open space, providing a lush and inviting environment for residents and visitors alike. It consists of a community garden at the north end of the property, an enclosed outdoor play area in front of building B, six ‘U’ style bike racks, an entrance plaza with accent paving, two benches, and two tables. Seven existing street trees will line the street frontage along S Main Street, and ten new Princeton Sentry Gingkos and 12 Elegant Water Gum trees will be plated between the buildings to soften the exterior along with shrubs and ground cover. Refer to Figure 10 – Landscape Plan for location details.

Grading
The proposed Project would result in the demolition of all existing structures, paving, and landscaping on the subject site. Minimal grading is required to prepare the site for the new building pad.

Utilities
The project site is in an urban area and is currently served by existing utilities, including water, sanitary sewer, storm drainage, electricity, and telecommunications infrastructure. All public utilities will be provided to the Project site.

Climate Action Plan
The City of Milpitas Climate Action Plan (CAP) was adopted in 2013, updated in 2022, and included Greenhouse Gas (GHG) reduction goals, policies, and actions for new and existing development projects. The Project would support these goals and policies by locating future residents near public transportation, jobs, restaurants, and services. In addition, the Project would incorporate green building measures in compliance with CAL Green standard building measures for residential buildings and Title 24 requirements to reduce energy usage.

Applicants requested revision to the Planning Commission CONDITIONS OF APPROVAL.

In response to the Applicant’s request for modification to the conditions of approval, the Planning staff has prepared attachment (J), which outlines the requested revision focusing on delaying payment of certain applicable development fees prior to the issuance of any certificates of occupancy (Tentative or Final).

Development Impact Fees
POLICY ALTERNATIVE(S):

Alternative 1: Deny the applicant’s request for a Site Development Permit, Density Bonus Permit, and Environmental Assessment.

Pros: Denial of the Project would allow the existing 0.97-acre site to continue to operate as Arena Stuart Rental Inc.

Cons: Denial of the Project would deprive the City of 118 new residential units, 116 of which are reserved for below market rate households. The Project would further support affordable housing needs within the region, including the City’s Regional Housing Needs Allocation (RHNA). Denial of the Project would also be contrary to the goals and objectives of State and local density bonus laws.

Reason for Not Recommending: The proposed project, is consistent with the City’s General Plan and Zoning, all of which support the development of affordable housing. The Project includes 94 apartment rental units reserved for lower-income households and 22 apartment rental units reserved for moderate-income households, increasing the number of affordable units in the City of Milpitas, and providing more options of housing for its residents. The project complies with the affordability provisions of the State Density Bonus Law and qualifies for the concessions and waivers requested by the applicant. The project complements nearby residential projects.

Development Impact Fees
The project is subject to the Transit Area Specific Plan Development Impact Fee (TADIF) and the Public Art Fee. The Applicant qualifies for a waiver of the Public Art Fee pursuant to MMC section XI-10-14.03. Given this waiver, the Council need not undertake a Nolan/Dolan analysis regarding the Public Art Fee. The Council will, however, need to make specific findings that there is (1) an essential nexus between the TADIF fees and the

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Project, and (2) that the TADIF fees are roughly proportional to the Project’s impact on the City’s land use interest.

The purpose of the TADIF fees, as adopted on March 4, 2014 by Resolution No. 8344 of the Milpitas City Council, is to finance basic public infrastructure facilities, as identified in the Basic Infrastructure Program, as amended, that are needed to provide essential public services and assure public safety for new development within the Transit Area Specific Plan (TASP) area. The Project will be supported by the basic infrastructure facilities financed by the TADIF. An essential nexus exists between the basic public infrastructure facilities financed by the TADIF and the Project, which those facilities will support.

In adopting the TADIF, the City relied on a nexus study to ensure that each project within the TASP area would pay only its fair share of the basic public infrastructure facilities. The nexus study relied on the uses and densities of the parcels within the plan area in calculating the TADIF fee to be applied. The Project has the same use as contemplated in the nexus study. The Project’s density is slightly higher than that contemplated in the nexus study. As such, the TADIF fees owed by the project will be roughly proportional to, though slightly less than, the basic public infrastructure facilities that the project will require. The TADIF fee is roughly proportional to the Project’s impact on the City’s land use interest.

FISCAL IMPACT:

The Project is subject to the following impact fees:

Transit Area Specific Plan Development Impact Fee (TADIF) The TADIF is currently set at $50,056 per residential unit for Fiscal Year 2023-2024, but the exact TASP fee will not be calculated until the building permit is ready for issuance. Based on approval for the development of 118 units, the estimated TADIF for this project is $5,906,608. The TADIF fee accounts for a percentage of the Park Land Fee, and because the Applicant is paying this fee, no additional Parkland Fee is required. This fee is automatically adjusted each fiscal year in conjunction with the City’s annual budget process. The Applicant must pay the fee before the issuance of building permits.

Public Art Fee
Per Milpitas Municipal Code Section XI-10-14, private developments must include publicly accessible works of art for placement on the development site or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. The Applicant is seeking a Public Art Exclusion, as specified in Milpitas Municipal Code Section XI-10-14.03(E), which states that Section 14 shall not apply to an affordable housing development with a minimum of 20 percent affordable housing units if the developer and/or owner demonstrates to the satisfaction of the City Council that said requirements would cause the development project not to be economically feasible. The fee is currently set at one-half of one percent of building development costs, which would result in a fee payment of $91,983.45 based on the estimated building development costs of $18,396,690. The Applicant has demonstrated in Attachment Hthat the Public Art Program In-Lieu Fee would make the development project economically infeasible due to a funding gap of $91,983.45.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The City conducted an environmental assessment in accordance with the California Environmental Quality Act (“CEQA”), as amended. The project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section §15332 (Class 32: In-Fill Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). This exemption is the appropriate CEQA determination for the proposed Project as it meets the Class 32 eligibility criteria. For additional details, see Exhibit 2 of the Resolution (Attachment B) for the proposed Project memorandum demonstrating compliance with CEQA Guidelines Section 15332. Exhibit 3 of the Resolution (Attachment C) includes the supporting technical reports as substantial evidence for the CEQA memorandum.

RECOMMENDATIONS:
(1) Conduct a public hearing on the development of two multi-family residential buildings with 118 belowmarket rate (100% affordable); (2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section §15332 (Class

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32: In-Fill Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and, (3) Adopt a resolution to approve Site Development Permit No. SD22-0015, Density Bonus Permit No. DB23-0011 and Environmental Assessment No. EA23-0015, subject to the findings and Conditions of Approval.

ATTACHMENT(S):
(a) City Council Resolution, including Exhibit 1 to the Resolution: Conditions of Approval (b) Planning Commission Staff Report dated April 27, 2025 (c) Planning Commission Resolution No. 24-011
(d) Exhibit 2 to the Resolution: CEQA Exemption Memorandum (e) Exhibit 3 to the Resolution: CEQA Exemption Supporting Technical Studies (f) Project Plans
(g) Request for Development Incentives
(h) Public Art Contribution Exclusion Memo
(i) Objective Standards Checklist
(j) Applicants requested revision to the Planning Commission CONDITIONS OF APPROVAL

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD22-0003, DENSITY BONUS PERMIT NO. DB23-0003, AND ENVIRONMENTAL ASSESSMENT NO. EA22-0002 TO ALLOW THE DEVELOPMENT OF TWO MULTI-FAMILY RESIDENTIAL BUILDINGS, UP TO 77 FEET AND 8 INCHES (SIX STORIES) IN HEIGHT, WITH 118 BELOW-MARKET-RATE (100% AFFORDABLE) DWELLING UNITS, 39 VEHICULAR PARKING SPACES, A COMMUNITY GARDEN, AND ASSOCIATED SITE IMPROVEMENTS ON A 0.966-ACRE (42,079-SQUARE FOOT) PARCEL IN THE MULTI-FAMILY VERY HIGH DENSITY RESIDENTIAL (R4) ZONING DISTRICT AT 1300 SOUTH MAIN STREET (APN 083-36- 002), MILPITAS METRO SPECIFIC PLAN (METRO) AND MAKING FINDINGS OF CEQA

EXEMPTION
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City of Milpitas is the lead agency for the proposed project described below; and
WHEREAS, on June 3, 2008, the City Council of the City of Milpitas certified an Environmental Impact Report (State Clearinghouse No. 2006032091) prepared to analyze the environmental impacts associated with the proposed Transit Area Specific Plan, and subsequently adopted the Transit Area Specific Plan (TASP); and
WHEREAS, the Transit Area Specific Plan encompasses some 437 acres and envisions the development of 7,109 dwelling units, 287,075 square feet of retail space, and 993,843 square feet of office space and industrial, and includes development standards, goals and policies guiding development within the Plan area. Due to the physical characteristics of the area, including major streets, railroads and creeks, the Transit Area Specific Plan also established sub-districts with specific goals and policies to accommodate those unique characteristics; and WHEREAS, on January 25, 2023, AMG & ASSOCIATES, INC. (the “Applicant”) submitted an application to the City of Milpitas for the entitlements necessary to allow the development of two multi-family residential buildings, up to 77 feet and 8 inches (six stories) in height, with up to 118 below-market-rate (100% affordable) dwelling units at 1300 south main street (APN 083-36-002), within the Milpitas metro specific plan (metro) (the “Project”) The Project requires approvals of the following entitlements:

1. Site Development Permit No. SD22-0015: To allow the development of two separate multi-family residential buildings consisting of 118 below-market-rate dwelling units, up to 77 feet in height, 39 vehicular parking spaces, community garden, and associated site improvements on a 0.966-acre (42,079 sf) parcel; and,

2. Density Bonus Permit No. DB23-0001: To ensure compliance with State Density Bonus Law (Gov.

Code § 65915 et seq)
Although not an entitlement, Environmental Assessment No. EA23-0015 was prepared to establish CEQA compliance.

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WHEREAS, the Planning Department completed Environmental Assessment No. EA23-0015 for the Project in accordance with the CEQA, and recommends that the Planning Commission determine this Project is covered under CEQA Guidelines Section 15332 (In-fill Development Projects) as discussed within a memorandum (the “Memorandum,”), a true and correct copy of which is attached hereto and incorporated herein, as Exhibit 2 to the Resolution. Exhibit 3 to the Resolution includes the CEQA Memorandum supporting technical studies), and the Project is located within the Milpitas Metro Specific Plan area and is therefore exempt from further environmental review pursuant to CEQA Guidelines Section 15168 (Program EIR); and
WHEREAS, the Planning Department recommends the Planning Commission find that this Project is consistent with the goals, policies, and regulations of the California Density Bonus Law (Government Code sections 65915 et seq.), Milpitas 2040 General Plan, Milpitas Metro Specific Plan, and Milpitas Zoning Ordinance, specifically Milpitas Municipal Code Section XI-10-54.15 (Density Bonus for Affordable Housing Developments), which permits waivers and concessions to development standards, as analyzed and documented in the staff report; and WHEREAS, the Planning Commission is an advisory body to the City Council pursuant to Milpitas Municipal Code Section XI-10-64.03 (Consideration of Concurrent Applications), where, as here, due to the application for a density bonus pursuant to Milpitas Municipal Code Section XI-10-

54.15, the City Council is the highest review authority for the Project and, accordingly, all review by other bodies with approval authority over the application shall be in the form of a recommendation to the City Council; and
WHEREAS, on March 27, 2024, the Planning Commission held a duly-noticed public hearing, during which meeting the Planning Commission considered the CEQA exemption findings as well as Site Development Permit No. SD22-0015, Density Bonus Permit No. DB23-0001 and Environmental Assessment No. EA23-0015 for 1300 South Main Street, heard a presentation from staff, offered the applicant the opportunity to present evidence, and had the opportunity to hear from members of the public; and
WHEREAS, by adoption of Resolution No. 24-011, the Planning Commission recommended (6-1) that the City Council approve Site Development Permit No. SD22-0015, Density Bonus Permit No. DB23-0001 and Environmental Assessment No. EA22-0015 for 1300 S Main Street, with a recommendation that the Applicant explore all available opportunities to provide alternative sources of parking. Including parking agreements with other nearby entities.; and WHEREAS, the City Council received in evidence a plan for the subject property titled “1300 S Main Street”, dated February, and said plans are on file in the Planning Department and are available for inspection by anyone interested herein, and said plans are incorporated herein by this reference, the same as if it were fully set forth herein; and
WHEREAS, the documents and other materials which constitute the record of proceedings upon which the City Council bases the recommendation and the findings contained within this Resolution are available and may be reviewed at Milpitas City Hall, located at 455 E. Calaveras Boulevard, Milpitas, California 95035; and
WHEREAS, on April 16, 2024, the City Council held a duly-noticed public hearing, during which meeting the City Council considered the categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects) as well as Site Development Permit No. SD22-0015, Density Bonus Permit No. DB22-0015 and Environmental

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Assessment No. EA22-0015 for 1300 S Main Street, heard a presentation from staff, and had the opportunity hear from members of the public; and
WHEREAS, the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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 includes, but is not limited to, such things as all published staff reports, oral and written testimony by staff, the Planning Commission, City Council and the public, and all other relevant 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
The City conducted an environmental assessment (memorialized in the attached memorandum, dated March 7, 2024) for the proposed Project in accordance with the California Environmental Quality Act (CEQA).

The proposed Project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects) in that the Project is consistent with the General Plan and zoning designation while invoking the State Density Bonus Law waivers from development standards and reduced parking requirements, is located in an urban area that has either been previously developed or adjoins existing qualified urban uses on all of the site’s perimeter and is under five-acres in size, has no value to endangered, rare, or threatened species, would not result in any significant effects related to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. A CEQA Exemption Memorandum demonstrating compliance with the categorical exemption is included as Exhibit 2 of the Resolution (EA23-0015) and the CEQA Exemption Supporting Technical Studies is included as Exhibit 3 of the Resolution. The analysis in these exhibits is hereby approved, adopted, and incorporated by reference.

As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15168 (Program EIR) per the Metro Specific Plan EIR (State Clearinghouse No. 2006032091) adopted by the City Council in February 2023, as amended.

SECTION 3. Site Development Permit Findings (Milpitas Municipal Code Section XI-10-57.03(F))
The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD22-0015, as referenced as “1300 S Main Street”, dated February 14, 2024 on file with the Planning Department:
a. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

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The Project is split between two buildings consisting of 118 apartment units and associated site amenities on a 0.97-acre site. Overall, the Project’s contemporary flat iron architectural design visually separates its typology from other suburban housing offerings while complementing the adjacent townhome projects along South Main Street. Grouped into small blocks that are stacked and glued together, the articulated façades foster a dynamic vertical play between space and void, layers of light and color. The proposed six-story multi-family residential building maintains a strong relationship to the street in that its primary entrances are oriented toward the street. The building’s design features exterior stucco walls, vinyl windows, accented with metal frame awnings along the ground floor, along with an aluminum storefront window systems at entrances. The Project, as designed, will further strengthen the identity of the existing neighborhood, and achieve compatibility and aesthetic harmony with the surrounding development. b. The Project is consistent with the Milpitas Zoning Ordinance.

The proposed Project is generally consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 1. Where exceptions from the Milpitas Metro Specific Plan Area (MMSP), Multiple-Family Very High Density (R4) standards, and Objective Design standards are needed, the Applicant has requested waivers and concessions pursuant to the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and concessions will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard.

Table 1: Summary of MMSP and R4-TOD - Development Standards Development
Standard Required Proposed Complies?
Density
(Objective
Zoning
Standard)
40-85 dwelling units/acre (base
density under MMSP)
72 – 153 dwelling units/acre (with
an 80% density bonus allowed
for 100% affordable projects
under the State Density Bonus
Law 65915(f)(3)(D)(i).
122.15
dwelling
units/acre
Yes, because the project
complies with State
Density Bonus Law
Building Height,
maximum
75 feet, an increase of up to three
additional stories, or 33 feet are
allowed with the State Density
Bonus Law
77 feet, 8
inches
Yes, because the project
complies with State
Density Bonus Law
and is located within
½-mile of the VTA
Great Mall light rail
station
Front Yard
Setback
8 feet min,
20 feet max
from the back
of the sidewalk
6 feet
Yes, with approval of a
waiver under the
AHO

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Development
Standard Required Proposed Complies?
Side Yard
Setback
(street side),
minimum
8 feet min,
15 feet max
from the back
of the sidewalk
32 feet, 11
inches
Yes, with approval of a
waiver under the
AHO
Side Yard
Setback
(interior)
Minimum
10 feet 6 feet, 9 inches
Yes, with approval of a
waiver under the
AHO
Rear Yard
Setback,
Minimum
10 feet 6 feet
Yes, with approval of a
waiver under the
AHO
Projections into
Required
Yards
Porches, stairs, balconies, bay
windows, and awnings may
project up to six feet into
required setbacks.

The project
includes
no
projections
into
required
yards
Yes
Building
Orientation
and
Entrances
Buildings must face the street; and
primary building entrances must
be oriented toward the street.

Buildings
entrances
face S.

Main
Street
Yes
Common Open
Space
(MMSP)
• Courtyards
• Gardens
• Play areas
• Outdoor dining
• Recreation
amenities
• Rooftop
amenities
• Landscaping
Private development must provide
on-site open
space at a rate of 100 square feet of
private or
common space per unit.
118 Units x 100 sq ft = 11,800 sq ft
required
9,414 sq ft
Yes, with approval of a
waiver under the State
Density Bonus Law.

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Development
Standard Required Proposed Complies?
Common Shared
Space Minimum of 30% of
total open space
.30 X 11,800 = 3,540 sq ft required
3,975 sq ft
Yes
Publicly
accessible
• Park
• Plaza
• Garden
• Public sitting
area
Accessible to the
Public Minimum of 5% of
total open space
.05 X 11,800 = 590 sq ft required
+590 sq ft Yes
Off-Street
Parking,
minimum
Minimum parking requirements are
no longer applicable to 100%
affordable projects of this kind
with unobstructed access to a
major transit stop within ½ mile.
(Gov. Code, § 65915(p)(3)(A).)
39 Yes, this project is located
within one-half mile
of the VTA Great
Mall light rail station.

Bicycle Parking
Long-Term Parking Requirement

0.5 spaces per bedroom, 197
bedrooms/2= 98.5
Short-Term Parking
Requirement

0.1 spaces per bedroom,
197/10=19.7~
Long Term:26
Short Term:20
Yes, with approval of a
waiver under the
AHO
Tree Removal
If any protected trees are proposed
for removal, they must be
replaced by a 2:1 ratio.

None Yes
c. The Project is consistent with the General Plan.

The proposed Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2.

Table 2: General Plan Consistency

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

Consistent. The Project provides 118 new housing
units, resulting in a housing density of 122.15
dwelling units per acre. Of the 118 units, 94
would be rental units offered at 80-percent area
median income (low income), and 22 would be
rental units offered at 110-percent area median
income (moderate income). By providing this
type of housing at this density, Milpitas can
accommodate residents from various income
levels, age groups, and with special needs,
fostering a more vibrant and sustainable
community.

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

Consistent. The Project maintains the existing
sidewalks and provides long and short-term
bike racks on-site to accommodate pedestrians
and gives bicyclists unobstructed access to a
major transit stop (VTA Great Mall Light Rail
Station), which is located within one-half mile
of the site.

Policy CD 2-7: Include design elements during the
development review process that address
security, aesthetics, and safety. Safety issues
include, but are not limited to, minimum
clearance around buildings, fire protection
measures such as peak load water
requirements, construction techniques, and
minimum standards for vehicular, bicycle, and
pedestrian facilities and other standards set
forth in local, state, and federal regulations.

Consistent. The proposed apartment parking
structure provides adequate and safe
circulation for vehicles. The proposed
apartment complex also provides adequate site
illumination by installing wall-mounted
lighting. Furthermore, the Milpitas Fire
Department (MFD) and the Milpitas Police
Department (MPD) have reviewed the site
plans for the Project to ensure adequate
protection measures are implemented.

AFFORDABLE HOUSING ORDINANCE)
including bonuses for senior housing,
affordable housing, and for projects within
designated overlay districts included in
Milpitas Municipal Code Section 12 - Overlay
Districts and Standards.

Consistent. Through State Density Bonus Law,
the Project provides a density of 122 dwelling
units per gross acre, which exceeds the
generally allowed density range in general plan
the underlying zoning district.

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Policy Conformance
Policy CD-10: Design multi-family residential,
mixed use, commercial, and employmentgenerating development in neighborhoods, districts, and centers to:
a.) Include open space and/or recreational
amenities to provide visual relief from
development, form pedestrian and bicyclist
linkages to adjacent uses and other portions of
the neighborhood, district, or center, and
serve as buffers between uses, where
necessary;
b.) Locate building access points along sidewalks,
pedestrian areas, and bicycle routes, and
include amenities that encourage pedestrian
activity;
c.) Create a human-scale ground-floor
environment that includes public open areas
that separate pedestrian space from auto
traffic or where these intersect, give special
regard to pedestrian safety; and
d.) Provide comfortable pedestrian amenities,
such as quality seating areas, lighting, and
wide, shaded paths, along with specialized and
engaging design features, such as interesting
fountains or public art to draw and maintain
people's attention.

Consistent. The Project provides open space and
recreational amenities on-site, including an
outdoor recreational area that consists of an
outdoor playground on turf areas, a bench, and
bike racks.

The proposed outdoor recreational area will be
visible to pedestrians, bicyclists, and motorists
traveling along South Main Street. Pedestrian
and bicycle access to the Project Site will be
provided along South Main Street. Pedestrian
access on-site will be provided to each
apartment building. Additionally, pedestrian
and bicycle routes will be provided via
walkways and sidewalks.

Refer to response to Policy CD 2-7 regarding the
proposed lighting fixtures for the Project. The
Project will include a direct connection to an
existing pedestrian sidewalk on S Main.

The Project also provides an entrance plaza for
Building B, which creates a separate
pedestrian space from the auto traffic.

The site includes a community garden area,
benches, and bike parking along South Main
Street.
d. The Project is consistent with the Metro Specific Plan.

The proposed Project is consistent with the Metro Specific Plan, as demonstrated and outlined in Table

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Table 3: MMSP Consistency
Policy Conformance
LU 3. Housing Diversity and Affordability.

Provide transit-oriented housing that is
accessible and affordable for a range of
household types and income levels.

Consistent. The Project provides 118 new housing
units, resulting in a housing density of 122.15
dwelling units per acre. Of the 118 units, 94 units
would be rental units offered at 80 percent area
median income (low income) and 22 units would be
rental units offered at 110 percent area median
income (moderate income). By providing this type
of housing at this density, Milpitas can
accommodate residents from various income levels,
age groups, and with special needs, fostering a more
vibrant and sustainable community.

PPS 6. Community Gardens. Include
Community Gardens for community
wellness and benefit.

Consistent. The Project provides a community garden
that will allow residents to grow local flowers,
fruits, vegetables, and herbs.

LU 2. Transit Orientation. Capitalize on the
transit orientation of the Plan Area to
support transit ridership, reduce traffic
congestion and greenhouse gas emissions,
and support livability.

PA 4.1. Citywide Objective Design
Standards. Follow Citywide Objective
Design Standards for multi-family and
mixed-use buildings, when applicable.

Consistent. As demonstrated in the attached Objective
Standards Checklist, the project is consistent with
most of the applicable Objective Design Standards
(ODS). Where the project is not in compliance with
objective standards, the State Density Bonus Law
requires the City to grant appropriate concessions
and waivers for qualifying projects.

PA 3.4. Landmark Building Design. Design
and build new signature, landmark
buildings to reflect Milpitas Metro’s
regional connectivity within Silicon
Valley as a place for innovation, and to
create a memorable skyline. Buildings are
encouraged to have their own identity and
use contemporary methods to define the
character of the district.

Consistent: The Project’s contemporary flat iron
architectural design visually separates its typology
from other suburban housing offerings while
complementing the adjacent townhome projects
along South Main Street. Grouped into small blocks
that are stacked and glued together, the articulated
façades foster a dynamic vertical play between
space and void with layers of light and color.

SECTION 3. Density Bonus Permit (Milpitas Municipal Code Section XI-10-

54.15(D))
The City Council makes the following findings based on the evidence in the public record in support of Density Bonus Permit No. DB22-0002, as referenced as “1300 S Main Street”, dated February 14, 2024, on file with the Planning Department:

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1. The maximum allowable base density specified in the General Plan, including any other permitted increases to density.

The proposed Project includes 118 apartments, equal to 122.15 dwelling units per acre, exceeding the General Plan density allowed in the immediate area.

2. All affordable units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-affordable units in the project, and shall be comparable with the non-affordable units in terms of appearance, materials, and finished quality. The Planning Commission may recommend to the City Council and/or Redevelopment Agency modifying the requirements as to unit size or type, if it is found that such a modification would better serve the affordable housing need of Milpitas.

The Applicant has proposed 30 three-bedroom, 34 two-bedroom, 39 one-bedroom, and 15 studio units as affordable units reserved for low and moderate-income households to meet the requirement to develop fifteen percent (15%) of the total residential units into affordable units. The Housing Division has identified and approved the affordable unit locations as meeting the intent of the Affordable Housing Ordinance (AHO).

3. Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder's Office the City's Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation.

The Project has been conditioned to provide an agreement to the City of Milpitas explaining the affordability requirements, processes, and procedures, to the satisfaction of the Milpitas City Attorney prior to the release of any Certificate of Occupancy.

4. Retaining Affordability. A developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for fifty-five (55?) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

Prior to final building inspection and occupancy for the Project containing affordable units, the Applicant shall execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements, including continued affordability for moderate-income households. The agreement shall be approved by the Milpitas City Attorney prior to recordation.

5. Affordable Rents. Those units targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income. Those units targeted for very lowincome households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income. 94 of the Project’s units will be targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code, which states that lower-income households shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income.

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6. Relation to Statute. Density bonus requirements not specified in these regulations shall be governed by the State Density Bonus Law, Government Code section 65915, et seq.

The developer has identified and requested bonus incentives held within the State Density Bonus Law, and the Planning Department supports this request.

Density Bonus Concessions, Incentives and Waivers
In accordance with California Government Code Section 65915 and MMC Section X-10-54.15, the City must grant the requested incentives/concessions unless the City can make either of the following findings in writing and based on substantial evidence:
a. The concession is not required in order to provide for affordable housing costs as defined in State Health and Safety Section 50052.2 or for rents for the affordable units pursuant to Section XI-10-54.15(D)(5), Standards, of Chapter 10 (Zoning) of the Milpitas Municipal Code.
b. The concession would have a specific adverse impact as defined in State Government Code Section 65589.5(d) (2) upon the public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

If findings cannot be made, then the proposed concessions/incentives and waivers must be granted, based on the requirements of the City’s Municipal Code and California Government Code Sections 65915 – 65918.

The City does not have substantial evidence to demonstrate that the concessions/incentives and waivers described in Table 4 would fail to result in actual and identifiable cost savings, and/or that these savings are unnecessary to provide the level of affordability proposed. Moreover, the City has no substantial evidence that any of the requested concessions, incentives or waivers would result in any specific, adverse impacts to public health, safety, the physical environment, or historical resources. Accordingly, the City Council hereby approves such requested concessions/incentives and waivers.

Table 4: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant Request Justification Discretion Concession(s)
ODS Standard 3.4.1
Active Frontage:

This development
standard requires
active frontages
with active uses
at the ground
level.

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Type of
Modification Standard Applicant Request Justification Discretion the podium
parking
configuration
was the only
way to provide
adequate
parking
substantial
evidence,
that the
waiver
would have
a
specific adverse
impact on
public
health or
safety
Concession(s)
ODS Standard 5.5.1
Allowed Building
Materials: This
development
standard requires
a variation in
building
materials.

Secondary
materials shall
cover the
remainder of each
facade (excluding
windows, doors,
garage doors, and
building trim)
from 25 to 35%
(of the total
facade).

Not to provide a
secondary
material
The applicant
estimates that
secondary
materials can
cost an
additional $10
per sq ft. For
Building A
alone, the
facades
roughly total
171,162 sf. ft.
in area, of
which an
estimated
42,790 sq. ft.
will need to
feature a
secondary
material. With
the above
estimates, the
applicant
calculates an
additional cost
of $427,905 for
the budget of
Building A
alone
This Concession
is allowed
under State
Density
Bonus Law
and must be
granted by
the City
unless it
finds, based
upon
substantial
evidence,
that the
waiver
would have
a
specific adverse
impact on
public
health or
safety

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Type of
Modification Standard Applicant Request Justification Discretion Concession(s)
ODS Standard 5.3.1
Fenestration
Design: This
development
standard requires
windows to be
recessed a minimum
of 2 inches or for
flat windows to
provide a
recessed facade
modulation with a
minimum of 4 inches
in depth.

Not provide the
required
recessed at a
minimum of 2
inches.

Applicant
estimates the
implementation
of the recessed
facade
modulation to
cost an
additional $30
per window for
the additional
material and
labor for the
installation.

The project
proposes 427
windows on
the residential
floors. This
amounts to an
additional cost
of $12,810
to the project
This Concession
is allowed
under State
Density
Bonus Law
and must be
granted by
the City
unless it
finds, based
upon
substantial
evidence,
that the
waiver
would have
a
specific adverse
impact on
public
health or
safety
Concession(s)
ODS Standard 4.3.2
Base/Middle/Top:

This development
standard requires
buildings three
stories or taller
and a building
length greater
than 50 feet to be
designed to
differentiate a
defined base,
middle,
or top.

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Type of
Modification Standard Applicant Request Justification Discretion Concession(s)
ODS Standard 5.1.2
Ground Floor
Facades: This
development
standard requires
facades to have a
minimum 50%
transparent
glazing between 3
and 7.5 feet in
height above
finished floor.

Not provide
ground floor
façade glazing
Additional
glazing is
estimated to be
at least $25 per
square foot.

The frontage
facing Main
Street is an
estimated
520 ft., therefore
260 linear feet
must meet the
glazing
requirements.

This equates to
an estimated
minimum
additional cost
of $29,250 to
the project
This Concession
is allowed
under State
Density
Bonus Law
and must be
granted by
the City
unless it
finds, based
upon
substantial
evidence,
that the
waiver
would have
a
specific adverse
impact on
public
health or
safety
Waivers(s) Common Open Space
(MMSP)
Not meet the total
sq ft amount
required
This standard is
eligible as a
waiver because
including the
delta in private/
common open
space would
require the
reconfiguration
of units on the
higher floors to
accommodate
the additional
on-site open
space, which
would result in
the loss of
units and
residential
floor area.

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Type of
Modification Standard Applicant Request Justification Discretion impact on
public
health or
safety and
welfare
Waivers(s)
ODS Standard 3.2.2
Pedestrian
Connections:

This development
standard is found
in section 3.2.2 of
the Milpitas
Objective Design
Standard. This
standard requires
entrances serving
more than 20
units
to be 8 feet.

Not provide
entrance at a
minimum of 8
feet in width
The Applicant
requests relief
from this
requirement
because of the
site’s unusual
triangular
shape.

Pedestrian
pathways are
provided to the
main entrance
of each
building.

Should these
pathways be
widened to 8
ft., the
developable
area of the site
will be greatly
reduced, and
an estimated 30
units would be
eliminated
This Waiver is
allowed
under the
State
Density
Bonus Law
if it
physically
prevents
development
and must be
granted by
the City
unless it
finds, based
upon
substantial
evidence,
that the
waiver
would have
a specific
unmitigable
adverse
impact on
public
health or
safety and
welfare
Waivers(S)
ODS Standard 3.5.1
Vehicle Access +
Parking: This
development
standard requires
above grade
structured parking
levels facing a
public right-ofway to be lined
with commercial
or habitable uses
Not provide
commercial or
habitable use
along the
public right-ofway
The site is
unusually
shaped and
physically
constrained
from adding
the required
uses to the
ground floor,
as this would
place the
structure well
beyond the
This Waiver is
allowed
under the
State
Density
Bonus Law
if it
physically
prevents
development
and must be
granted by
the City

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Type of
Modification Standard Applicant Request Justification Discretion with a minimum
depth of 20 feet.
minimum
setback area.

Adding these
uses within the
existing
footprint would
eliminate
parking spaces
and require the
relocation of
some
equipment and
utility rooms to
upper floors.

As a result,
residential
units will be
eliminated
unless it
finds, based
upon
substantial
evidence,
that the
waiver
would have
a specific
unmitigable
adverse
impact on
public
health or
safety and
welfare
Waivers(S)
ODS Standard 3.7.1
Service Areas,
Storage, Utilities,
and Equipment:

This development
standard
requires utilities and
equipment,
service, storage,
and nonpassenger loading
areas to be
located
inside buildings or on
facades other than
the Primary
Building
Frontage, along
alleys, parking
areas, and/or at
the rear or side of
building.

Additionally,
some of these
rooms, like the
fire command
room, must be
accessible
from Main Street.

Thus, this
standard is
eligible to be
waived
because it
would have the
effect of
physically
precluding
This Waiver is
allowed
under the
State
Density
Bonus Law
if it
physically
prevents
development
and must be
granted by
the City
unless it
finds, based
upon
substantial
evidence,
that the
waiver
would have
a specific
unmitigable
adverse
impact on
public
health or
safety and
welfare

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Type of
Modification Standard Applicant Request Justification Discretion construction of
the project at
the proposed
density
SECTION 3. Per MMC Section XII-1-3.00 (Affordable Housing), (Incentives to Encourage On-Site Construction of Affordable Units XII-1-7.00.) Since the Project reserves 100 percent of the total housing units for lower income households, the Applicant shall receive incentives as specified in Section 7 - Incentives to Encourage On-Site Construction of Affordable Units XII-1-7.00. In addition to waivers, incentives and/or concessions that may be provided pursuant to Density Bonus Law, as outlined in MMC Section XI-10-54.15, if the Applicant provides affordable units in excess of 20 percent of the total number of units in the development, the Director of Planning shall grant up to two of the waivers listed in MMC Section XII-1-7.00 that can help increase the feasibility of the construction of affordable units. The Applicant will receive an additional two waivers from the list for every additional five percent of affordable units provided above the 20 percent. The Applicant has chosen the following five waivers outlined in Table 5 below.

Table 5: AHO Waivers
Type of
Modification Standard Applicant Request Discretion
Waivers(s)
Front Setback
– This development
standard is found in
Table 2-2 of the
Milpitas Metro
Specific Plan.

This standard
requires a setback of 8
to 20 feet.

The project
will provide a front
yard setback of 6
feet.

MMC
Section XII-1-7.00
(A)(2) of the
Milpitas Municipal
Code allows for a
50 percent
reduction of the
required minimum
setback
Approved
by the Planning
Director
Waiver(s)
Side Setback –
This development
standard is found in
Table 2-2 of the
Milpitas Metro
Specific Plan.

The project
will provide a side
yard setback of 6
feet and 9 inches.

Section
XII-1-7.00 (A)(2)
of the Milpitas
Municipal Code
Approved
by the Planning
Director

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Type of
Modification Standard Applicant Request Discretion
This standard
requires a setback of
10 feet
allows for a 50
percent reduction of
the required
minimum setback
Waiver(s)
Rear Setback –
This development
standard is found in
Table 2-2 of the
Milpitas Metro
Specific Plan.

This standard
requires a setback of
10 feet
The project
will provide a rear
yard setback of 6
feet.

Section
XII-1-7.00 (A)(2)
of the allows for a
50 percent
reduction of the
required minimum
setback
Approved
by the Planning
Director
Waiver(s)
Long-Term
Parking Requirement

0.5 spaces per
bedroom, 197
bedrooms/2= 98.5
Short-Term
Parking
Requirement

0.1 spaces per
bedroom,
197/10=19.7~
Long Term:26
Short Term:20
Long
Term:26
Short
Term:20
Approved
by the Planning
Director
SECTION 5. Development Impact Fees
The project is subject to the Transit Area Specific Plan Development Impact Fee (TADIF) and the Public Art Fee. The Applicant qualifies for a waiver of the Public Art Fee pursuant to MMC section XI-10-14.03. Given this waiver, the Council need not undertake a Nolan/Dolan analysis regarding the Public Art Fee. The Council will, however, need to make specific findings that there is (1) an essential nexus between the TADIF fees and the Project, and (2) that the TADIF fees are roughly proportional to the Project’s impact on the City’s land use interest.

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essential nexus exists between the basic public infrastructure facilities financed by the TADIF and the Project, which those facilities will support.

In adopting the TADIF, the City relied on a nexus study to ensure that each project within the TASP area would pay only its fair share of the basic public infrastructure facilities. The nexus study relied on the uses and densities of the parcels within the plan area in calculating the TADIF fee to be applied. The Project has the same use as contemplated in the nexus study. The Project’s density is slightly higher than that contemplated in the nexus study, which will mean the project will have a slightly higher impact than assumed in the nexus study. As such, the TADIF fees owed by the project will be roughly proportional to, though slightly less than, the basic public infrastructure facilities that the project will require. The Council finds that TADIF fee is roughly proportional to the Project’s impact on the City’s land use interest.

SECTION 5. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.

SECTION 6. City Council Approval
The City Council hereby approves Site Development Permit No. SD22-0015, Density Bonus Permit No. DB23-0011, and Environmental Assessment No. EA23-0015 (subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit “1”), based on the above findings.

PASSED AND ADOPTED this 16th day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________
Suzanne Guzzetta, City Clerk
APPROVED:

Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

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EXHIBIT ‘1’

CONDITIONS OF APPROVAL
1300 S MAIN STREET RESIDENTIAL DEVELOPMENT
SITE DEVELOPMENT PERMIT NO. SD22-0003
DENSITY BONUS PERMIT NO. DB23-0001
ENVIRONMENTAL ASSESSMENT NO. EA22-0002
The City of Milpitas approves Site Development Permit No. SD22-0015 in accordance with Section XI-10-57.03 of the Milpitas Municipal Code, to allow the issuance of building permits in accordance with Section XI-10-03-1 of the Milpitas Municipal Code for the development of two multi-family residential buildings, up to 77 feet and 8 inches (six stories) in height, with 118 below-market-rate (100% affordable) dwelling units, 39 vehicular parking spaces, a community garden, and associated site improvements on a 0.966-acre (42,079-square foot) parcel in the Multi-Family Very High Density Residential (R4) Zoning District at 1300 South Main Street (APN: 083-36-002), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits. The City of Milpitas also approves Density Bonus Permit No. DB23-0001 in accordance with Subsection XI-10-

57.05 of the Milpitas Municipal Code to assess compliance with State regulations and Subsection XI10-54.15 of the Milpitas Municipal Code antecedent to the above development and entitlement(s).

These approvals are subject to all applicable State and local regulations and the conditions of approval outlined below.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL

GENERAL CONDITIONS

1. General Compliance: The Permittee and owner, including all successors in interest (collectively "Permittee") shall comply with each and every condition set forth in this Permit, known as “1300 S Main Street”, dated February 14, 2024 on file with the Planning Department SITE DEVELOPMENT PERMIT SD22-0015, DENSITY BONUS PERMIT NO. DB23-0001 and ENVIRONMENTAL ASSESSMENT EA22-0015 (collectively "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. The Permittee shall develop the site in accordance with the approved Attachments and as modified by these Conditions of Approval.

2. 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 City Council approved this Permit.

3. 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.

4. Permit Expiration: Pursuant to Section XI-10-64-06 of the Milpitas Municipal 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 Municipal Code, an activity permitted by this Permit shall be deemed to have commenced when the Project:

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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.

5. Time Extension: Pursuant to Section XI-10-64.07 of the Milpitas Municipal 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 Department prior to the expiration date of the approval. (P)

6. 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 project 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/E)

7. 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 Permittee may file a protest has begun under California Government Code Section 66020(d)(1).

8. 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. (ALL)

9. 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 Project is operating under the permits and approvals in this Resolution. (ALL)

10. 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. (CAO/P/E/B)

11. 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, the approval of any waivers, exemptions, alternatives, modifications, or amendments to the City’s General Plan or Municipal Code, 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 Permittee, City and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all

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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. The above indemnification is intended to be as broad as permitted by applicable law.

To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to Vesting Tentative Map No. MT22-0002, and the balance of the Permit shall be unaffected by Government Code Section 66474.9.

12. Certificate of Insurance: Permittee shall provide certificate of insurance and name City as an additional insured in its insurance policies for the Project.

13. Revocation, Suspension, Modification: This Permit may be suspended, revoked or modified in accordance with Section XI-10-63.06 of the Milpitas Municipal Code.

14. 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.

15. 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)

16. Compliance with Fire Department and California Fire Code: The project shall comply with the requirements of the Milpitas Fire Department and the California Fire Code, as adopted by the City.

Changes to the site plan and/or buildings requires review and re-approval by the Fire Department. (F)

17. Compliance with Building Department and California Building Code: The project shall comply with the requirements of the Milpitas Building Department and the California Building Code, as adopted by the City. Changes to the site plan and/or buildings requires review and re-approval by the Building Department. (B)

18. Development in Conformance with Approved Plans: Permittee shall develop the approved Project in conformance with the plans dated February 14, 2024 and approved by the City Council April 16, 2024, in accordance with these Conditions of Approval. Any deviation from the approved site plan, elevations, materials, colors, landscape plan or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review, and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, 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)

PLANNING DEPARTMENT CONDITIONS

19. Landscape: All approved landscaping shall be permanently maintained and replaced with substantially similar plant material as necessary to provide a permanent, attractive and effective appearance.

20. Lighting Plan. Prior to issuance of any building permit, Permittee shall submit a lighting and isoillumination plan that shall demonstrate 1) safe and adequate lighting of the project site and 2) lighting is contained and does not spill over onto adjacent properties or create unwanted glare. Permittee shall provide detail, elevations and manufacturer’s specifications on proposed light fixture for, light standards, and wall sconces subject to Planning Director for approval. Proposed light fixtures shall be

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high quality and complement the architectural style of each townhome. Light fixtures over garage doors shall be of high-quality, residential scale, architectural design, subject to final approval by the Planning Director. The proposed lighting plan shall also incorporate the Midtown Specific Plan lighting design standards as follows:
a. Lights should be designed and placed to direct lighting to direct lighting to appropriate surfaces and minimize glare into adjacent areas.
b. The light source used in outdoor lighting should provide a white light for better color representation to create a more pedestrian-friendly environment. c. Low pressure sodium lamps are prohibited.
d. To reinforce the pedestrian character of the area, light standards along sidewalks should not exceed 12 to 16 feet in height.
e. The use of uplighting to accent interesting architectural features or landscaping is encouraged.

21. Signage. Any future proposed signage and/or sign program for the Project shall receive a separate planning permit per the latest City adopted zoning regulations for signs in the City and shall incorporate signage design standards in the Midtown Specific Plan as applicable. The Midtown Specific Plan signage standards are as follows:
a. A coordinated signage plan should be included for all multi-tenant buildings. b. Freestanding signs are discouraged, except at a single major site entry. c. Animated, moving, flashing, blinking, reflecting and revolving signs are prohibited. d. Cabinet signs are prohibited.
e. All signs should be designed to complement the architectural style and setting of the structure or use it is adjacent to. Building wall and fascia signs should be compatible with the predominant visual elements of the building.
f. Signs should be an integral part of the design of the storefronts in mixed-use buildings. g. The size of signs and sign letters should be proportional to the space they are located in, with the letters typically 6 and 16-inches high.
h. Sign letters and materials should be professionally designed and fabricated. Primary signs should contain only the name of the business and/or its logo. i. Signs should be constructed using high quality materials such as metal, stone, wood. j. Exposed conduit and tubing are prohibited. All transformers and other equipment should be concealed.
k. Projecting signs mounted perpendicular to the façade of the building should be located at least 8 feet above the sidewalk. The outside edge should be no more than 5 feet from the face of the building.
l. Window signs should not exceed 15% of the window area. Signs should not obstruct visibility into and out of the window.
m. Window signs may include one “open” or “closed” sign less than 2 square-feet. n. While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language.

22. Site Improvement. Onsite water and sewer mains and laterals shall be City owned, operated, and maintained. All proposed streets and all other utilities within the project site shall be private and owned,

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operated, and maintained by Permittee or any Homeowners Association that may subsequently be established. The main entries and driveways shall have vertical curbs in all areas including parking areas; rolled curbs may be allowed in the alleys.

23. Parking: Parking shall be provided as depicted on the Site Plan approved by the City Council and shall consist of the following:
a. RESIDENT: A total of 39 vehicle spaces

24. Bicycle Racks: A total of six (20) short-term bicycle and thirty (26) long-term bicycle parking spaces shall be installed on the site.

25. Site Improvement. Prior to issuance of any certificates of occupancy (Tentative or Final), the Permittee must pay all applicable development fees, including but not limited to connection fees (water, sewer, and storm), plan check and inspection deposit, and a 3.8% building permit automation fee. These fees are collected as part of the secured public improvement agreement. The agreement shall be secured for an amount of 100% of the engineer’s estimate of the construction cost for faithful performance and 100% of the engineer’s estimate of the construction cost for labor & materials.

26. Public Art Requirement: Permittee shall comply with the City’s Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI-10-14. Fee shall be no less than onehalf of one percent of building development costs and shall be payable at time of building permit issuance.

27. The applicant will continue to work with the Planning Staff to design an ODS-compliant Lobby for both Buildings A and B prior to submitting a Building Permit.

28. The Project shall be subject to the following development fees: Transit Area Specific Plan Development Impact Fee (TADIF)
The TADIF is currently set at $50,056 per residential unit for Fiscal Year 2023-2024, but the exact TASP fee will not be calculated until the building permit is ready for issuance. Based on approval for the development of 118 units, the estimated TADIF for this project is $5,906,608. This fee is automatically adjusted each fiscal year in conjunction with the City’s annual budget process. The Applicant must pay the fee prior to the issuance of any certificates of occupancy (Tentative or Final).

29. Prior to the commencement of any ground-disturbing activity on the Project site, the Permittee shall retain tribal monitors from Tamien Nation, as needed, to be present during all ground-disturbing activity associated with the project.
a. Tamien Nation shall be given five (5) days’ written notice prior to the start of any ground disturbing activity as defined in subsection c. below. Permittee shall document receipt of notification in writing.
b. Prior to any ground-disturbing activity on the Project site, all Project personnel shall receive mandatory tribal cultural resource sensitivity training from Tamien Nation. c. The tribal monitor will be present during construction phases that involve ground-disturbing activities. For the purposes of these conditions, ground-disturbing activities shall be defined as any ground disturbance, including but not limited to, excavation, grading, grubbing, scarring, drilling, scraping, blading, trenching, vegetation removal, or demolition of existing structures or site improvements within the development area shown on the Project plans.

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d. The tribal monitor will complete daily monitoring logs that will provide description of the day’s activities, includes construction activities, locations, and any cultural materials identified. The daily monitoring logs shall be retained by Tamien Nation. e. Upon discovery of any tribal cultural resources (TCRs), all ground-disturbing and construction activities within 50 feet of discovery shall cease on the Project site until the find can be assessed to the satisfaction of Tamien Nation. All TCRs unearthed by project activities shall be evaluated by the tribal monitor or other tribal representatives and a registered professional archeologist.
f. At the discretion of Tamien Nation, soils that have been previously subject to excavations and were monitored by the tribal representative need not be monitored again if re-excavated or moved. Permittee shall consult with the tribal monitor prior to any disturbance of previously excavated soils.
g. Should Tamien Nation choose not to send a monitor for any of the above-referenced grounddisturbing activity, work may continue without the monitor, provided that the Permittee has given a minimum of five (5) days’ written notice to Tamien Nation. Permittee shall document
receipt of notification in writing.
h. At the completion of monitoring, Tamien Nation shall send an email notification to the City that monitoring has been completed

30. Permittee shall retain a registered professional archaeologist for on-call site monitoring, investigation, and analysis in the event that TCRs or human remains are discovered and identified on the project site during ground-disturbing activities.

31. In the event that TCRs are discovered on the Project site and cannot be avoided, a detailed archaeological treatment plan shall be implemented.
i. The treatment plan shall be developed by the on-call professional archaeologist in collaboration with and agreed upon by Tamien Nation to determine the most appropriate treatment measures to avoid, minimize, or mitigate any potential impacts. This shall include documentation of the resource and may include data recovery or other measures. j. Any treatment other than preservation in place must be approved by Tamien Nation and the City of Milpitas. Treatment for most resources would consist of (but would not be limited to) sample excavation, artifact collection, site documentation, and historical research, with the aim to target the recovery of important scientific data contained in resource. Data recovery shall be subject to approval by Tamien Nation.
k. Tamien Nation shall determine the disposition of any TCR artifacts discovered during on-site excavation or construction activities or TCR artifacts resulting from execution of a treatment plan. The disposition of TCR artifacts shall include, but not be limited to, reburying in close proximity of the finds without scientific study, allowing scientific study before reburying the materials either near the origin of the find or in another protected place, or temporary curation at a facility at an institution that meets the U.S. Secretary of the Interior’s criteria for curation (36 CFR 79) prior to reburial. Disposition of any TCR artifacts shall be subject to approval by Tamien Nation. All curation fees and related expenses shall be paid by the Permittee.

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l. To ensure adequate space and protection are provided for reburial of any TCRs discovered on the project site, the Permittee shall designate a cultural easement area. The easement area shall be in a location that will not be subject to future disturbance and that will not require the relocation of buildings or other physical improvements on the site. m. Tamien Nation shall have sole discretion in determining if reburial within the cultural easement area is the desired method of disposition.
n. The Project archeologist shall file State of California Department of Parks and Recreation (DPR) Series 523 forms for the cultural easement/TCR reburial location (if used) with the California Historical Resources Information System (CHRIS) Center in accordance with the guidelines established by the California Office of Historic Preservation. The DPR Series 523 forms shall establish a permanent record of the cultural easement location and any TCRs discovered on the Project site for future site identification and protection. The Project archeologist shall also file a Sacred Lands File record with the Native American Heritage Commission (NAHC) on behalf of Tamien Nation.

32. In the event that human remains and/or grave goods are discovered or recognized during grounddisturbing activities or construction, all ground disturbance work shall cease within 50 feet of the discovery, and the tribal monitor shall immediately notify the construction supervisor. The construction supervisor shall ensure reasonable protection measures are taken to protect the discovery from disturbance (Assembly Bill [AB] 2641) and shall immediately notify the City and the Santa Clara County Medical Examiner-Coroner (per California Health and Safety Code Section 7050.5). o. California Health and Safety Code Section 7050.5 stipulates that no further disturbance will occur in the area until the County Medical Examiner-Coroner has determined origin and disposition pursuant to California Public Resources Code Section 5097.98. p. If the County Medical Examiner-Coroner determines that the remains are Native American in origin, the Medical Examiner-Coroner shall notify the NAHC by telephone within twenty-four (24 hours).
q. Pursuant to California Public Resources Code Section 5097.98(a), Tamien Nation shall be allowed to: (1) inspect the site of the discovery; and (2) make recommendations concerning the treatment and disposition of the human remains and/or grave goods. r. Tamien Nation shall have forty-eight (48) hours from the time access to the Project site is granted to inspect the site and make recommendations concerning the treatment and disposition of the remains.
s. Tamien Nation shall have sole discretion regarding the final disposition and treatment of human remains and grave goods. Disposition may include avoidance of the human remains, reburial within the cultural easement identified on the project plans, or reburial on tribal or other lands that will not be disturbed in the future.
t. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code Sections 5097.98(a) and (b).

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Permittee shall, in consultation with Tamien Nation, incorporate into the Project design a commemorative plaque that acknowledges the traditional history of the land with respect to tribal communities

BUILDING SAFETY AND HOUSING DEPARTMENT CONDITIONS

BUILDING

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

HOUSING

34. Affordable Housing Requirement: Permittee shall comply with the City’s Affordable Housing Ordinance, as set forth in Milpitas Municipal Code Section XI-1-3.00. The City Council has granted the following deviation from the City’s AHO (H):
a. Permittee shall reserve a minimum of 94 apartment units for low income households consisting of:
i. 12 studio units
ii. 32 one-bedroom units
iii. 26 two-bedroom units
iv. 24 three-bedroom units
b. Permittee shall reserve 22 apartment units for moderate income households, consisting of:
i. 3 studio units
ii. 7 one-bedroom units
iii. 6 two-bedroom units
iv. 6 three-bedroom units

35. Affordable Housing Agreement: Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation. (H)

36. Retaining Affordability. Developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for fifty (50) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (H)

FIRE DEPARTMENT CONDITIONS

37. Please do not consider this review an approval for construction from the Fire Department. The plans submitted are not reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). These notes are a general list of the applicable code requirements (2019 Edition), but not limited to, and are provided to assist with

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the construction permit process.

40. To determine the acceptability of technologies, processes, products, facilities, materials, and uses attending the design, operation or use of a building or premises subject to inspection by the Fire Code Official, the Fire Code Official is authorized to require the owner or agent to provide, without charge to the jurisdiction, a technical opinion(s), plan review(s) and/or report(s). CFC Section 104.7.2

41. Fire Department Access: Fire Department apparatus and staff access shall be provided to all buildings and site. Detailed review will be done during construction permit process. CFC Section 503 a. Fire apparatus access roads shall meet the Milpitas Fire Department turning radii guidelines and shall provide continuous apparatus travel. Turning radii for fire apparatus access roads shall be a minimum net clearance of 48 feet 6 inches for the outside radius and 28 feet 0 inches for the inside radius. The layout for the outside and the inside radius shall be from the same reference point (center). CFC Section 503
b. 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. When there is a dead-end condition, means for fire apparatus turn-around shall be provided. c. Adjacent Access. No source of access from lands adjoining a property to be developed shall be considered unless there is obtained the irrevocable and unobstructed right to use same. CFC Section 503.7, added by MMC V-300-2.56
d. Fire access roads shall be paved (concrete and/or asphalt cement, or other concrete type pavement approved by the Fire Dept.). Fire apparatus access roads/lanes and emergency vehicle 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. Design criteria shall be based on the City of Milpitas fire apparatus Sutphen S95 Aerial Platform unit. Please contact the Fire Prevention Division if specifications are needed. CFC Section 503.2.3
e. Ground structures (including landscape) and building projections shall not encroach or impede the fire apparatus access requirements. CFC Section 503.4
f. Emergency Vehicle Access (EVA) roads, when required, shall meet the fire department site access requirements specified herein this document. CFC Section 503 g. No parking in fire access roads. The required access road shall be designated and clearly marked as a fire lane. The designated fire lane shall be identified as set forth in Section 22500.1 of the Vehicle Code. The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE".

CFC Section 503.3
Minimum marking shall be pole signage and red curb with “FIRE LANE – CVC 22500.1” stencil.

Signage and red curbs shall be done throughout and as needed to clearly identify the no parking zones.

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h. Fire Protection. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. Combustible construction shall not begin until water mains and hydrants are operational and fire apparatus access roads are installed (paved). CFC Section 501.4 i. The Fire Department reserves the right to request site design changes as needed to meet the requirements of the CFC, and/or make the request for additional fire protection measures in conformance with the CFC Section 102.9.

42. Fire Protection Water Supply (hydrants, on-site and public) a. An approved water supply (hydrants on-site and public) capable of supplying the required fire flow for fire protection shall be provided upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Water supply shall meet the Fire Code and the City of Milpitas Engineering Division water supply guidelines and the CFC Section 507, Appendix B and Appendix C. Fire flow reduction as noted in the Appendix B of the Fire Code is not permitted, CFC Section B103.2.
b. Water System Calculations Requirements. Private fire service mains and appurtenances shall be designed and installed in accordance with the City of Milpitas Engineering design guideline requirements and the NFPA 24. Design calculations and all the necessary design information for the water system to meet the domestic and fire flow requirements as per the City of Milpitas Engineer Division water design requirements shall be provided as part of the construction permit process. CFC Section 507
The minimum water flow at the worst case hydrant outlet within the private system shall be not less than 2,500 gpm.
c. Hydrant for automatic fire sprinkler and or standpipe systems. Buildings equipped with an automatic fire sprinkler system and or a standpipe system installed in accordance with Sections 903 and or 905 shall have a fire hydrant within 50 feet of the fire department connections. CFC Section 507.1.1, amended by MMC Section V-300-2.61
d. Private hydrants shall have the bottom 6 inches of the hydrant painted, with a weather resistive paint, white in color. CFC Section 507.5.7, added by MMC V-300-2.62 e. No parking is permitted in front of fire hydrants. Hydrants located on streets (Public or Private Street) shall have an unobstructed clearance of not less than 30 feet per CA Vehicle Code 22514.

Provide stripping per CA Vehicle Code 22500.1. CFC Section 507.5.4

43. Fire service water laterals for building sprinkler systems. a. Each building shall have a fire service water laterals for the automatic fire sprinkler system and shall meet the California Fire Code requirements Chapter 9 and the NFPA 13 and other applicable Standards. Note, the utilities drawings provided are not reviewed nor approved for construction.

CFC Section 912.1
b. The location of the FDC’s/PIV’s (fire department connection/post indicator valve) shall be at a readily visible and accessible location off the fire access road and approved by the Fire Code Official. FDC’s/PIV’s shall not be located behind parking stalls nor behind any other obstruction.

Final review for location for the FDC’s/PIV’s will be conducted during the construction permit process. CFC Section 912.2

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c. FDC/PIV Signage. A metal sign with raised letters at least 1 inch in size shall be mounted on all fire department connections. Signage shall be reflective, weather resistive and approved by the Fire Code Official. CFC Section 912.5
d. Backflow Protection. Potable water supply to the automatic sprinkler and/or the standpipe systems shall be protected against backflow as required by the Health and Safety Code section 13114.7 and the City of Milpitas Utilities Engineering Division. CFC Section 912.6 e. Automatic fire sprinkler riser location. The fire sprinkler system riser shall not be located within electrical rooms or storage closets and shall be provided with clear access and working clearance.

California Fire Code Section 903.3.5.5, added by MMC Section V-300-2.66

44. Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the Fire Code Official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress. CFC Section 504.6, added by MMC Section V-300-2.59

45. Premises Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters and shall be consistent with Milpitas standardized addressing guidelines. CFC Section 505
The Fire Dept. may require the installation of address numbers at multiple building locations. CFC Section 102.9

46. All required addresses shall be illuminated. CFC Section 505.3, added by MMC V-300-2.60

47. Fire Dept. emergency Key Box (Knox Box, Knox locks, Knox electric switches, etc). The Fire Code Official is authorized to require a key box(es) to be installed in an approved location(s) if necessary for life-saving or fire-fighting purposed. Quantify and location shall be as directed by the Fire Code Official. CFC Section 506
Locked mechanical closets, electrical closets, fire alarm closets, sprinkler riser closets, etc. will need a Fire Dept. approved lock or “Knox” key box.

48. Building/Structure Requirements.
a. The buildings shall be provided with an automatic fire sprinkler system in conformance with the NFPA 13 or NFPA 13D Standards. System type will depend on building/structure construction type and area analysis. California Fire Code Section 903.3 b. All new installations of sprinkler systems shall preclude sprinkler test and system drain water from discharging into the storm drain; provisions to direct water to the sanitary sewer or landscape or other approved means shall be provided. Sprinkler system design shall include the proposed method for drainage of sprinkler system discharge. Storm Water Pollution Regulations

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c. Landscape sheets. The proposed landscaping may be impacted by the comments above and the requirements for fire access, fire systems and devices (such as apparatus access, hydrants, fire service lines, fire department connections valves, etc.). The Fire Dept. reserves the right to relocate, delete or change the proposed landscaping when in conflict with fire systems and devices. CFC 507.5.4
d. Appropriate devices Complete plans and specifications for all aspects of fire protection systems shall be submitted to the Fire Department for review and approval prior to system installation. CFC Section 901.2

POLICE DEPARTMENT CONDITIONS

49. Parking lot areas shall have postings with appropriate signs per 22658(a) CVC to assist in removal of vehicles at the property owners’/managers’ request.

50. “No Trespassing/Loitering” signage should be posted at the entrances of parking lots placed in conspicuous areas. Signs should be at least 2’ x 1’ in overall size, with white background and black 2’’ high letters.

51. "No Parking Signs" shall be posted along the northbound curb line of South Main Street spanning the area of the building so vehicles will not park blocking the dedicated bicycle lane or impede the movement of vehicular traffic in the area.

Addressing:

52. Address numbers shall be illuminated during hours of darkness and should be strategically positioned as to be readily visible from the street. Address numbers should have a minimum height of 12 inches. If numerous alarm zones are utilized then zone numbers should be clearly marked above appropriate common doorways (i.e. fitness/recreational center, laundry room, etc.). All other housing alarms shall be directly linked to specific housing unit (if installed).

53. Signs directing apartment numbers shall be placed near main areas (elevators, intersections at hallways) so apartments can be easily located within the buildings.

Visibility:

54. Parking lots and associated driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness.

55. Large convex mirrors should be installed at the ends of each floor level making users open to visual scrutiny.

56. Any posters, material, and objects near common area exterior windows should not block views in those common areas from the street.

57. From a public safety perspective, the front entrance as well as the recreational area need to have as much natural surveillance as possible and exposed to public view. When natural surveillance is afforded, the likely occurrence of burglaries, robberies, etc. to that particular establishment/area are substantially reduced because the risk of detection and apprehension of the perpetrator increases. Seclusion is one of the main elements sought after by perpetrators of a crime.

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Accessibility:

58. Any and all areas controlled by electronic security devices (i.e. key fobs, access cards, keypads, etc.) should have Knox boxes installed near such access points with the Knox boxes containing the appropriate security devices to gain entry. If access points are controlled by keypads or access cards, management should provide the police department with the needed code(s) or electronic key(s) and regularly update the police department if such code(s)/key(s) change.

59. An up-to-date map of the interior of the building should be provided to the police department.

The map should minimally identify the locations of each apartment, entry/exit points, elevators, storage areas, entry/exit points controlled by electronic security devices, locations of security cameras, maintenance areas, stairwells, recreation centers, laundry room, etc.

Security:

60. A camera security system shall be required for the facility, with coverage at all exterior access points to the building. Additionally, the security system shall cover the interior of the parking garages. It shall have the clarity necessary to identify an individual, vehicle, etc., and have a field of view to maximize the area of coverage. Security cameras shall also cover the playground/recreational area.

61. The security camera system shall be recorded, and the recording shall be maintained for a minimum of thirty (30) days. A copy shall be made available to the police department upon request to assist in investigations. It is recommended that the employees of the property be properly trained on how to use the security surveillance camera system so that footage can be reviewed and collected in a timely fashion by the police department if needed.

62. Appropriate devices should be installed in the parking garage to ensure law enforcement radio frequencies have sufficient signals to communicate with dispatch and other officers.

63. Underground parking garages present unique security issues. Implementing CPTED measures will help reduce the number of serious and/or violent crimes that occur nationally in parking garages. The proposed parking garage plans must ensure natural surveillance and effective lighting.

64. The police department recommends installing Automated License Plate Readers (ALPR) at the entrance/exit of the parking garages to assist law enforcement in collecting information on investigations and possible illegal activity.

65. Extra security measures should be taken to properly secure mail deliveries including larger boxes. Installing temporary package lock boxes or large parcel drop boxes should assist in preventing package theft. A security camera system should be installed covering both the package lock boxes and the cluster box units to assist the police department and the US Postal Service Inspectors in identifying package/mail thieves.

Miscellaneous:

66. Management shall keep information (names, apartment numbers, etc.) on each resident living within the unit and the make, model, and license plate information for their vehicles. That

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information shall be made available to the police department upon request during police investigations.

67. The Property Manager shall file an emergency notification form with the police department so law enforcement can contact the property manager in the event of any major accident, emergency, or unforeseen circumstance.

ENGINEERING DEPARTMENT CONDITIONS

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)

68. Modifications: The Site Development Plan dated June 28, 2023 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

69. Solid Waste and Recycling Handling Plan: Permittee shall submit final Solid Waste and Recycling Handling Plan based upon City’s previous comments for City’s review and approval by the Solid Waste Program. The Plan shall show calculations of waste generation volumes and how materials will be transferred from the waste generation areas to the trash enclosure/external collection point; demonstrate how recycling, food waste, and yard trimmings shall have a separately maintained process from garbage handling; address other requirements such as waste generation and compactor sizing, chute shut-off and property management responsibility for bin management and litter control; outreach and education to tenants/occupants, and procure sufficient service frequency based upon waste generation calculation volumes. Solid Waste trucks will be permitted to back onto the site for removal of solid waste but are not allowed to back onto South Main Street when exiting the site.

70. 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 evapotranspiration, for City’s review and approval by the Engineering Department.

71. Photometric Analysis: Permittee shall submit streetlight photometric analysis for City’s review and approval by the Engineering Department along South Main Street that meet the Illuminating Engineering Society of North America (IESNA), RP8, for roadway and sidewalk lighting standards and City standard design guidelines.

72. 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.

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

74. Coordination with other Projects and Agencies: Permittee shall coordinate designs with 1316 South Main Street (Zhang Condos) Project as well as with the Santa Clara Valley Water District, in advance prior to any plan submittal.

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

75. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:
a. Milpitas Design Guidelines:
(http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/design-guidelines/); b. Standard details and specifications:
(http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standard-details-andspecifications/); c. Mid-town Specific Plan design guidelines:
(https://www.milpitas.gov/_pdfs/engDesignGuidelines/en_dg_vii_midtownSpecificPlan.pdf); and d. Americans with Disabilities Act (ADA) requirements, where applicable.

76. Sanitary Sewer Calculations: Permittee shall submit a completed “Sewer Needs Questionnaire” form and sanitary sewer calculations to justify lateral size design, allocation of discharge for each of the lateral, and impact to the existing main. Permittee shall be responsible to implement any necessary improvements if there is any identified deficiency to the existing main as a result of the project.

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

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

79. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Section 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit.
a) Installation of separate water service tap and meter for each of the following services: residential, irrigation, and fire.
b) Installation of separate utility service lines (domestic water, fire service, sanitary sewer) for residential.
c) Installation of radio-transmitted water meters with a meter antenna, any repeaters or transmitters as needed with dedicated power supplies at no cost to the City at locations acceptable to the City to ensure accurate and timely reception of meter readings. Permittee shall execute a recorded instrument providing dedicated space, access rights and dedicated power supplies to the City for operation/maintenance/repair/replacement of subject radio antenna. d) Installation of half-street width (up to the median) asphalt concrete base repair as needed and microsurface along the project street frontage while replacing striping on South Main Street to the City Engineer’s satisfaction.
e) Installation of missing street tree(s) along the project frontage. The locations of tree(s) and tree species shall be in compliance with applicable City standards and details.

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80. Abandonment of Existing City Utilities: Permittee shall cap, abandon or remove any unused existing public utilities based upon City’s Abandonment Notes and to the City’s satisfaction.

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

82. Concurrent Off-site Plan Reviews: Permittee shall submit separate off-site improvement plans for City’s review and approval by the Engineering Department.

83. Improvement Agreement and Securities: Permittee shall execute an Improvement Agreement and provide improvement securities, and submit all other supplemental documents as stipulated in the Improvement Agreement (such as certificate of insurance).

84. Annexation to the Community Facilities District: Permittee shall submit an executed petition affirmatively consenting to annex the subject property to the Community Facilities District (CFD) 2008-1 and agree to pay the special taxes levied by the CFD 2008-1 for the purpose of maintaining the public services. The CFD annexation process shall be completed prior to encroachment permit issuance. Permittee shall comply with all rules, regulations, policies and practices established by the State Law and/or by the City with respect to the CFD including, without limitation, requirements for notice and disclosure to future owners and/or residents. This condition of approval is nonseverable from the Permit and invalidation or limitation of this condition invalidates the Permit, condition 14 notwithstanding.

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

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

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

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)

88. Dedication of New Easements: Permittee shall dedicate emergency vehicle access easements, min 5-ft public service utility easements (behind the property line), street easements, public access easement and other public easements (if any) deemed necessary for the project.

89. Abandonment/Quitclaim Easements: Permittee shall abandon/quit claim existing easements that are in conflict with or unnecessary for the project. Permittee shall not abandon/quitclaim the existing 10-ft PSUEs in the north and south corner of the lot that are still necessary for the project.

90. Valley Water Approval: Permittee shall provide an acknowledgement letter to Valley Water for building a multi-level building adjacent to their structure. The letter should explain how impact the proposed building structure to their existing culvert structures within the SCCFC & WD Easement, see

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Tract Map 524M25; and provide the mitigation measures for the impacts during and post construction, if any.

91. Demolition of Existing Building: Permittee shall demolish existing buildings/facilities that are in conflict with the new property lines.

92. 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.

93. Stormwater Facility Operation & Maintenance Plan: Permittee shall incorporate design details into applicable construction plans in accordance with City approved Storm Water Control Plan (SWCP).

Permittee shall also submit Stormwater Facility Operation & Maintenance Plan that describes operation and maintenance procedures needed to ensure that treatment Best Management Practices (BMPs) and other storm water control measures continue to work as intended and do not create a nuisance (including vector control).

94. Stormwater Management Facilities O&M Agreement: Permittee shall execute and record a Stormwater Management Facilities Operation and Maintenance (O&M) Agreement associated with the SWCP O&M Plan, including perpetual maintenance of treatment areas/units, as reviewed and accepted by the Engineering Department.

95. 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.

96. 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.

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

98. Recycling Report Prior to Demolition Permit Issuance: Permittee shall submit Part I of a Recycling Report on business letterhead to the Building Department, for forwarding to the Engineering Department for review and approval. The report shall describe the following resource recovery activities:
a. What materials will be salvaged.
b. How materials will be processed during demolition.
c. Intended locations or businesses for reuse or recycling. d. Quantity estimates in tons (both recyclable and for landfill disposal). Estimates for recycling and disposal tonnage amounts by material type shall be included as separate items in all reports to the Building Division before demolition begins.

Permittee shall make every effort to salvage materials for reuse and recycling, and shall comply with the City’s demolition and construction debris recycling ordinance.

99. Recycling Report Prior to Building Permit Issuance: Permittee shall submit Part II of the Recycling Report to the Building Department, for forwarding to the Engineering Department. Part II of the Recycling Report shall be supported by copies of weight tags and/or receipts of “end dumps.” Actual reuse, recycling and disposal tonnage amounts (and estimates for “end dumps”) shall be submitted to

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the Building Department for approval by the Engineering Department prior to inspection by the Building Department.
100. Flood Plain Management: This project is in the Flood Zone “AO” with 1’ average flood depth, therefore, Permittee shall comply with all applicable flood protection criterion required by the Federal Emergency Management Agency (FEMA) and MMC Title XI, Chapter 15. Permittee shall also submit a Flood Study for the Project demonstrating, to the satisfaction of the City Engineer, that the proposed development has no adverse impact to the surrounding flood plain within the Special Flood Hazard Area (SFHA) and to the flood carrying capacity of the area. The study should include cumulative effects of existing and proposed developments demonstrating the combined effects will not increase the water surface elevation of the Base Flood Elevation (BFE) more than one foot at any point. For the AO Flood Zone, the flood study is required to establish the BFE, and set the building elevation accordingly. The flood study shall be consistent with the requirements in accordance with Title 44 of the Code of Federal Regulations by establishing a hydraulic model and HEC-RAS. The study shall clearly identify the lowest floor elevation as being either the bottom of garage, bottom of first floor residential units, bottom of elevator pit, etc. and shall be completely elevated out of the SFHA. 101. Mailboxes: The Permittee shall coordinate with US Postal Services regarding placement of required mailboxes. Mailbox location shall not be on public street frontages and shall be approved by City and US Postal Services prior to building permit issuance. Mailbox locations shall be shown on the improvement plans and Permittee shall submit a letter to the City’s Land Development Engineering Section from the Post Master approving the location of the mailbox. Structures to protect mailboxes may require Building, Engineering and Planning Department review.

DURING CONSTRUCTION
The following conditions shall be complied with at all times during the construction phase of the project, unless otherwise approved by the Director of Engineering/City Engineer. (E) 102. 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. 103. 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. 104. Construction Staging and Employee Parking: Permittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public right-of-ways or public easements.
105. Water Shut-down Plan: Permittee shall provide a water shut-down plan at least seven days in advance of the shut-down in coordination with the Engineering Inspector, and notify affected property owners/tenants when cut-in tee(s) is/are required.

PRIOR TO FIRST OCCUPANCY
The following conditions shall be met prior to first building occupancy on either lot, unless otherwise approved by the Director of Engineering/City Engineer.
106. Completion of Public Improvements: Permittee shall complete all public improvements, including but not limited to South Main Street frontage improvements as shown on City approved plans.

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107. LOMR-F: Permittee shall submit the FEMA approved LOMR-F for each unit/building associated with the requested occupancy, if project is located in the SFHA. Lack of documentation will not preclude occupancy release.
108. Elevation and/or Flood Proofing Certificate: Permittee's civil engineer shall submit Elevation and/or Flood Proofing Certificate for the lowest finished floor elevation of each building for City record.
109. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance. 110. Certificate of Cross-Connection: Permittee shall ensure that the cross-connection specialist complete the required recycled water construction inspection checklist, cross connection test results and any special inspection checklist as required by the South Bay Recycling Program http://www.sanjoseca.gov/index.aspx?NID=1595 and forward them to the City. 111. Record Drawings: Permittee shall submit record drawings in Full size hard copy, AutoCAD, Tiff, and PDF formats for City records. Record drawings shall include all public improvements.

Additionally, if the project uses recycled water, the permittee shall also submit record drawings of onsite irrigation facilities. 112. Private Job (PJ) Balance: Permittee shall pay for any remaining balance from the Private Job deposit.
113. Backflow Devices: All backflow preventer devices shall be tested by a certified backflow tester, and results of the test shall be submitted to the city before going into service. 114. Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “e” 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. Storm water connection fee at $16,771/acre for residential. b. Water connection fee at $1,164/unit for residential, based upon increased water usage. c. Sewer connection fee at $1,406/unit for residential, based upon increased average wastewater flow. d. 3.8% of applicable fees in accordance with City Resolution No. 8969 as Permitting Automation Fee.
e. FEMA Flood Zone Designation Letter fee in the amount of $100.00 each. 115. Utility Company Approval: Permittee shall obtain approval letters from utility companies (PG&E, AT&T, Comcast) for abandonment of existing and dedication of new public service utilities easements, if any.

LEGEND
P = Planning Department
B = Building Department
E = Engineering Department
F = Fire Department
H = Housing Division
CAO = City Attorney’s Office
ALL = All Reviewing Departments

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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

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AGENDA ITEM: IX-1

MILPITAS PLANNING COMMISSION

STAFF REPORT
March 27, 2024
APPLICATION: TWO SEPARATE MULTI-FAMILY RESIDENTIAL
APARTMENT BUILDINGS – 1300 S MAIN STREET – PSD22-0015 AND P-DB23-0001: An application for a Site Development and Density Bonus permits to develop two multifamily residential buildings, up to 77-8” feet,- eight inches (six stories) in height, with 118 below-market-rate (100% affordable) dwelling units, 39 vehicular parking spaces, a community garden, and associated site improvements on a 0.966-acre (42,079-square foot) parcel in the Multi-Family Very High Density Residential (R4) Zoning District at 1300 South Main Street.

RECOMMENDATION: Staff recommends that the Planning Commission open and close the public hearing, and adopt Resolution 24-011, recommending approval of the above applications to the Milpitas City Council, subject to the Conditions of Approval.

PROJECT LOCATION:

Addresses and Assessor's
Parcel Number (APN): 1300 South Main Street (APN 083-36-002) Area of City: Milpitas Metro Specific Plan (MMSP): McCandless Subdistrict.

The project site is located immediately southeast of the intersection of South Main Street and Great Mall Parkway.

PEOPLE:

Project Applicant AMG & ASSOCIATES, LLC
and Owner:

Project Planner: Avery Stark, Acting Senior Planner
LAND USE:

General Plan Designation: Milpitas Metro Specific Plan
Specific Plan Area: Milpitas Metro Specific Plan (MMSP) Zoning District: Multiple-Family Very High Density with Transit Oriented Development Overlay (R4-TOD)
ENVIRONMENTAL: The project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section §15332 (Class 32: In-Fill Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning

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EXECUTIVE SUMMARY
The City of Milpitas received an application from AMG & Associates, LLC (applicant) requesting a Site Development Permit, Density Bonus Permit, and Environmental Assessment to allow the development of two separate multi-family residential buildings, consisting of 118 below-marketrate dwelling units, up to 77-8” feet,- eight inches (six stories), 39 vehicular parking spaces, community garden, and associated site improvements on a 0.966-acre site at 1300 South Main Street in the McCandless District of the Milpitas Metro Specific Plan.

The Project consists of 15 studios, 39 one-bedroom, 34 two-bedroom, and 30 three-bedroom apartment units. All of the units, with the exception of two manager’s units, will be reserved for lower income households (94 units – low income & 22 – moderate income) and the Project will fully comply with the City’s Affordable Housing Ordinance (AHO). Since the applicant proposes to dedicate more than 10 percent of the units as low-income, the Project also qualifies for concessions, waivers, and parking reductions under the State Density Bonus Law.

The proposed Project requires two entitlements, as follows:

1. Site Development Permit No. SD22-0015: To allow the development of two separate multifamily residential buildings consisting of 118 below-market-rate dwelling units, up to 77 feet in height, 39 vehicular parking spaces, community garden, and associated site improvements on a 0.966-acre (42,079 sf) parcel; and,

BACKGROUND
History
On May 19, 1983, the Planning Commission approved a Conditional Use Permit (No. 591) for a tool rental business as required by the zoning ordinance for a “Contractors yard and office.” As of October 2018, Arena Stuart Rentals, Inc. has been operating out of the existing 1,300-square-foot office building onsite.

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the Plan area. Because of the unique physical characteristics of various portions of the TASP, the Plan also established seven subdistricts, each with specific goals and policies to accommodate those unique characteristics.

On February 8, 2021, AMG & Associates, LLC. (applicant) submitted a Notice of Intent (NOI) informing the Planning Department of their intent to seek streamlined ministerial approval under SB 35.

On November 23, 2021, AMG & Associates (AMG) submitted a formal planning application (File No. P-PP21-0013) to develop two multi-family residential buildings AMG claimed the project qualified for Senate Bill 35 (SB35) status. SB35 is a statute streamlining housing construction in California counties and cities that fail to build enough housing to meet state mandated housing construction requirements.

On February 1, 2022, the City of Milpitas (City) conducted a Public Oversight Meeting to discuss the Project. At that meeting, it was determined the project is SB35 compliant, but requested AMG consider modifying the project to incorporate the following:
• Adding some on-site parking.
• Creating a ride-share drop-off vehicle parking space. • Installing digital surveillance (i.e., security cameras) within the project site. • Provide some open space
• Consider a portion of property to be used as a community garden.

On January 25, 2023, the applicant submitted a formal application for the subject Project.

PROJECT DESCRIPTION
Overview
The Project consists of two separate multi-family residential buildings. Building A includes 45 residential units and a gross floor area of 61,919 square feet, and Building B includes a total of 73 units and a gross floor area of 79,594 square feet. The overall unit mix is 15 studios (13%), 39 one-bedroom units (39%), 34 two-bedroom units (29%) and 30 three-bedroom units (25%). The Project proposes to dedicate 100 percent of the total units (94 units – low income & 22 – moderate

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income), exclusive of the managers’ units, as affordable for lower-income households, as defined by Section 50079.5 of the Health and Safety Code. Moreover, the Project meets both the City’s affordable housing requirement and the State Density Bonus Law under Government Code Section 65915(b)(1)(G).

Since more than 30 percent of the apartment units are reserved for low-income households, the Project is eligible for certain concessions, waivers, and parking incentives under State Density Bonus Law (Gov. Code § 65915 et seq.). The “Project Analysis” section of this staff report includes a full discussion of the State Density Bonus provisions related to this Project.

Location and Context
The project is located on a 0.97-acre site located immediately southeast of the intersection of South Main Street and Great Mall Parkway. The site is located within the Milpitas Metro Specific Plan Area (MMSP). The specific plan designation is Multi-Family Very High Density Residential (VHD), and the planned implementing zoning district of that designation is Metro Multi-Family Very High Density Residential (R4-Metro). However, the Project site has not been rezoned yet.

As such, the current zoning designation (Multi-Family Very High Density Residential with Transit Oriented Development Overlay (R4-TOD) and its standards remain in place wherever the MMSP is silent for such development standards. The site is currently occupied by a one-story light industrial building that is proposed for demolition. An existing masonry wall borders the western and northern property lines. The wall connects to an existing iron fence that borders the eastern and southern property lines. A metal gate and driveway off South Main Street provides vehicular access. Table 1 summarizes the project site’s land use designation and surrounding uses. See Figures 1 and 2 for more information.

Table 1: Surrounding Zoning and Land Uses
General Plan Zoning Existing Uses
Subject
Site
MMSP - Milpitas Metro
Specific Plan
Multi-Family Very High
Density Residential (R4) with
a Transit Oriented
Development (TOD)
One-story Light
Industrial Building
North N/A N/A
The intersection of
Great Mall Park
Way and South
Main Street
South MMSP - Milpitas Metro
Specific Plan
Multi-Family Very High
Density Residential (R4) with
a Transit Oriented
Development (TOD)
The future “Main
Street Condos” site
at 1316 South Main
East MMSP - Milpitas Metro
Specific Plan
High Density Mixed Use
(MXD2)
Union Pacific
Railroad
West VHDR - Very High Density
Residential
Multi-Family Very High
Density Residential (R4) with
a Transit Oriented
Development (TOD)
Ilara Apartment
Building

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Figure 1 – Aerial Map – 1300 S Main St
Figure 2 – Zoning Map – 1300 S Main St
N
N
Project Site
Project Site

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PROJECT ANALYSIS
This section will evaluate elements of the proposed Project for conformance with the Milpitas 2040 General Plan, the Milpitas Metro Specific Plan (MMSP), the Zoning Ordinance, Objective Design Standards (ODS), other provisions of the Milpitas Municipal Code, and the State Density Bonus Law.

The project is consistent with the applicable policies and standards in the City’s General Plan, as outlined in Table 2.

Table 2: General Plan Consistency
Policy Conformance
Policy LU 1-4: Continue to provide for a
variety of housing types and densities that
meet the needs of individuals and families
and offer residents of all income levels, age
groups, and special needs sufficient housing
opportunities and choices for locating in
Milpitas.

Consistent. The Project provides 118 new
housing units, resulting in a housing density of
122.15 dwelling units per acre. Of the 118
units, 94 would be rental units offered at 80-
percent area median income (low income), and
22 would be rental units offered at 110-percent
area median income (moderate income). By
providing this type of housing at this density,
Milpitas can accommodate residents from
various income levels, age groups, and with
special needs, fostering a more vibrant and
sustainable community.

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

Consistent. The Project maintains the existing
sidewalks and provides long and short-term
bike racks on-site to accommodate pedestrians
and gives bicyclists unobstructed access to a
major transit stop (VTA Great Mall Light Rail
Station), which is located within one-half mile
of the site.

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Policy Conformance
Policy CD 2-7: Include design elements
during the development review process that
address security, aesthetics, and safety.

Safety issues include, but are not limited to,
minimum clearance around buildings, fire
protection measures such as peak load water
requirements, construction techniques, and
minimum standards for vehicular, bicycle,
and pedestrian facilities and other standards
set forth in local, state, and federal
regulations.

Consistent. The proposed apartment parking
structure provides adequate and safe
circulation for vehicles. The proposed
apartment complex also provides adequate site
illumination by installing wall-mounted
lighting. Furthermore, the Milpitas Fire
Department (MFD) and the Milpitas Police
Department (MPD) have reviewed the site
plans for the Project to ensure adequate
protection measures are implemented.

Policy LU 2-3: Allow densities and intensities
which exceed the generally allowed ranges
defined by the underlying land use for
projects utilizing Density Bonus provisions
(included within the Milpitas Affordable
Housing Ordinance Title XII - HOUSING
Chapter 1 - AFFORDABLE HOUSING
ORDINANCE) including bonuses for senior
housing, affordable housing, and for projects
within designated overlay districts included
in Milpitas Municipal Code Section 12 -
Overlay Districts and Standards.

Consistent. Through State Density Bonus
Law, the Project provides a density of 122
dwelling units per gross acre, which exceeds
the generally allowed density range in general
plan the underlying zoning district.

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Policy Conformance
Policy CD-10: Design multi-family
residential, mixed use, commercial, and
employment-generating development in
neighborhoods, districts, and centers to:
a.) Include open space and/or recreational
amenities to provide visual relief from
development, form pedestrian and bicyclist
linkages to adjacent uses and other portions
of the neighborhood, district, or center, and
serve as buffers between uses, where
necessary;
b.) Locate building access points along
sidewalks, pedestrian areas, and bicycle
routes, and include amenities that encourage
pedestrian activity;
c.) Create a human-scale ground-floor
environment that includes public open areas
that separate pedestrian space from auto
traffic or where these intersect, give special
regard to pedestrian safety; and
d.) Provide comfortable pedestrian amenities,
such as quality seating areas, lighting, and
wide, shaded paths, along with specialized
and engaging design features, such as
interesting fountains or public art to draw
and maintain people's attention.

Consistent. The Project provides open space
and recreational amenities on-site, including
an outdoor recreational area that consists of an
outdoor playground on turf areas, a bench, and
bike racks.

The proposed outdoor recreational area will be
visible to pedestrians, bicyclists, and motorists
traveling along South Main Street. Pedestrian
and bicycle access to the Project Site will be
provided along South Main Street. Pedestrian
access on-site will be provided to each
apartment building. Additionally, pedestrian
and bicycle routes will be provided via
walkways and sidewalks.

Refer to response to Policy CD 2-7 regarding
the proposed lighting fixtures for the Project.

The Project will include a direct connection to
an existing pedestrian sidewalk on S Main.

The Project also provides an entrance plaza for
Building B, which creates a separate
pedestrian space from the auto traffic.

The site includes a community garden area,
benches, and bike parking along South Main
Street.

Milpitas Metro Specific Plan (MMSP) Conformance
The MMSP land use designation for the Project is Multi-Family Very High Density Residential (VHD). This designation allows high-density residential development, such as multi-story apartments and condos. As demonstrated in Table 3, the Project is consistent with the applicable MMSP land use policies.

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Table 3: MMSP Consistency
Policy Conformance
LU 3. Housing Diversity and
Affordability. Provide transit-oriented
housing that is accessible and affordable
for a range of household types and income
levels.

Consistent. The Project provides 118 new housing
units, resulting in a housing density of 122.15
dwelling units per acre. Of the 118 units, 94 units
would be rental units offered at 80 percent area
median income (low income) and 22 units would
be rental units offered at 110 percent area median
income (moderate income). By providing this type
of housing at this density, Milpitas can
accommodate residents from various income
levels, age groups, and with special needs,
fostering a more vibrant and sustainable
community.

PPS 6. Community Gardens. Include
Community Gardens for community
wellness and benefit.

Consistent. The Project provides a community
garden that will allow residents to grow local
flowers, fruits, vegetables, and herbs.

LU 2. Transit Orientation. Capitalize on
the transit orientation of the Plan Area to
support transit ridership, reduce traffic
congestion and greenhouse gas emissions,
and support livability.

PA 4.1. Citywide Objective Design
Standards. Follow Citywide Objective
Design Standards for multi-family and
mixed-use buildings, when applicable.

PA 3.4. Landmark Building Design.

Design and build new signature, landmark
buildings to reflect Milpitas Metro’s
regional connectivity within Silicon
Valley as a place for innovation, and to
create a memorable skyline. Buildings are
encouraged to have their own identity and
use contemporary methods to define the
character of the district.

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Zoning Conformance
The specific plan designation is Multi-Family Very High Density Residential (VHD), and the planned implementing zoning district of that designation is Metro Multi-Family Very High Density Residential (R4-Metro). However, the Project site has not been rezoned yet. As such, the current zoning designation Multiple-Family Very High Density with Transit Oriented Development Overlay (R4-TOD) and its standards remain in place wherever the MMSP is silent for development standards. The purpose of this overlay district is to provide for land uses, land densities and intensities and development standards that act to enhance and support transit and to locate such uses near rail transit stations. These provisions allow for a mix of goods and services within a convenient walk of the transit stations, encourage the creation of stable, attractive residential, commercial, and industrial environments within the District, and provide for a desirable transition to the surrounding conventional areas. The project, as proposed, with the approval of Density Bonus concessions and waivers, meets the development standards of the Multiple Family – Very High Density Residential (R4) zoning district.

As demonstrated in Table 4, the project is consistent with most of the applicable development standards for the Metro - Multiple Family – Very High Density Residential (R4) Zoning District.

Where the project is not in compliance with objective standards, the State Density Bonus Law requires the City to grant appropriate concessions and waivers for qualifying projects. In addition, the City of Milpitas Affordable Housing Ordinances (AHO) provides waivers for qualifying projects.

Table 4: Summary of MMSP and R4-TOD - Development Standards Development
Standard Required Proposed Complies?
Density
(Objective
Zoning
Standard)
40-85 dwelling units/acre (base
density under MMSP)
72 – 153 dwelling units/acre
(with an 80% density bonus
allowed for 100% affordable
projects under the State Density
Bonus Law 65915(f)(3)(D)(i).
122.15
dwelling
units/acre
Yes, because the project
complies with State
Density Bonus Law
Building
Height,
maximum
75 feet, an increase of up to three
additional stories, or 33 feet are
allowed with the State Density
Bonus Law
77 feet, 8
inches
Yes, because the project
complies with State
Density Bonus Law and
is located within ½-mile
of the VTA Great Mall
light rail station
Front Yard
Setback
8 feet min,
20 feet max
from the back
6 feet Yes, with approval of a
waiver under the AHO

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Development
Standard Required Proposed Complies?
of the sidewalk
Side Yard
Setback (street
side), minimum
8 feet min,
15 feet max
from the back
of the sidewalk
32 feet, 11
inches
Yes, with approval of a
waiver under the AHO
Side Yard
Setback
(interior)
Minimum
10 feet
6 feet, 9
inches
Yes, with approval of a
waiver under the AHO
Rear Yard
Setback,
Minimum
10 feet 6 feet Yes, with approval of a
waiver under the AHO
Projections into
Required
Yards
Porches, stairs, balconies, bay
windows, and awnings may
project up to six feet into
required setbacks.

The project
includes no
projections
into required
yards
Yes
Building
Orientation
and Entrances
Buildings must face the street;
and primary building entrances
must be oriented toward the
street.

Buildings
entrances face
S. Main
Street
Yes
Common Open
Space (MMSP)
• Courtyards
• Gardens
• Play areas
• Outdoor dining
• Recreation
amenities
• Rooftop
amenities
• Landscaping
Private development must
provide on-site open
space at a rate of 100 square feet
of private or
common space per unit.
118 Units x 100 sq ft = 11,800 sq
ft required delta of 2,386 sq ft
9,414 sq ft
Yes, with approval of a
waiver under the State
Density Bonus Law.

Common Shared
Space Minimum of 30% of
total open space
.30 X 11,800 = 3,540 sq ft
required
3,975 sq ft
Yes

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Development
Standard Required Proposed Complies?
Publicly
accessible
• Park
• Plaza
• Garden
• Public
sitting area
Accessible to the
Public Minimum of 5% of
total open space
.05 X 11,800 = 590 sq ft required
+590 sq ft Yes
Off-Street
Parking,
minimum
Minimum parking requirements
are no longer applicable to 100%
affordable projects of this kind
with unobstructed access to a
major transit stop within ½ mile.
(Gov. Code, § 65915(p)(3)(A).)
39 Yes, this project is
located within one-half
mile of the VTA Great
Mall light rail station.

Bicycle Parking
Long-Term Parking Requirement

0.5 spaces per bedroom, 197
bedrooms/2= 98.5
Short-Term Parking
Requirement

Since 100 percent of the units in the development, exclusive of manager units, are for lower income households, and no more than 20 percent of the units are for moderate-income households, the density bonus shall be an increase of 80 percent over the maximum allowable residential density (85 units/ac) under the Metro Specific Plan. The applicant may also request waivers and concessions under the State Density Bonus Law. For a project of this kind, the applicant is entitled to 5 concessions. There is no limit to the waivers an applicant may request to reduce additional standards, but waivers must be justified by eliminating a physical impediment to the construction of a development the applicant would otherwise be permitted to build. The Project includes 94 apartment units at the lower-income rental level and 22 apartment units at the moderate-income level, which satisfies the 15 percent total units required under the City’s

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Affordable Housing Ordinance. The City must grant appropriate waivers and concessions requested by the applicant for a qualifying project under the State Density Bonus Law, unless there are unmitigable specific, adverse health or safety impacts.

Table 5 outlines the density bonus, waivers, requested for the proposed Project.

Table 5: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant Request Justification Discretion Concession(s)
ODS Standard 3.4.1
Active Frontage:

This development
standard requires
active frontages
with active uses at
the ground level.

Not provide an
active frontage
The City Council
requested parking
within the
development
project, and due to
the site constraints,
the project was
unable to meet this
standard as the
podium parking
configuration was
the only way to
provide adequate
parking
This
Concession is
allowed under
State Density
Bonus Law
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
adverse impact
on public
health or safety
Concession(s)
ODS Standard 5.5.1
Allowed Building
Materials: This
development
standard requires a
variation in building
materials.

Secondary materials
shall cover the
remainder of each
facade (excluding
windows, doors,
garage doors, and
building trim) from
25 to 35% (of the
total facade).

Not to provide
a secondary
material
The applicant
estimates that
secondary materials
can cost an
additional $10 per
sq ft. For Building
A alone, the facades
roughly total
171,162 sf. ft. in
area, of which an
estimated 42,790 sq.
ft. will need to
feature a secondary
material. With the
above estimates, the
applicant calculates
an additional cost of
This
Concession is
allowed under
State Density
Bonus Law
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
adverse impact

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Type of
Modification Standard Applicant Request Justification Discretion $427,905 for the
budget of Building
A alone
on public
health or safety
Concession(s)
ODS Standard 5.3.1
Fenestration
Design: This
development
standard requires
windows to be
recessed a minimum
of 2 inches or for
flat windows to
provide a recessed
facade modulation
with a
minimum of 4
inches in depth.

Not provide
the required
recessed at a
minimum of 2
inches.

Applicant estimates
the implementation
of the recessed
facade modulation
to cost an additional
$30 per window for
the additional
material and labor
for the installation.

The project
proposes 427
windows on the
residential floors.

This amounts to an
additional cost of
$12,810
to the project
This
Concession is
allowed under
State Density
Bonus Law
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
adverse impact
on public
health or safety
Concession(s)
ODS Standard 4.3.2
Base/Middle/Top:

This development
standard requires
buildings three
stories or taller and
a building length
greater than 50 feet
to be designed to
differentiate a
defined base,
middle,
or top.

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Type of
Modification Standard Applicant Request Justification Discretion Concession(s)
ODS Standard 5.1.2
Ground Floor
Facades: This
development
standard requires
facades to have a
minimum 50%
transparent glazing
between 3 and 7.5
feet in height above
finished floor.

Not provide
ground floor
façade glazing
Additional
glazing is estimated
to be at least $25
per square foot. The
frontage facing
Main Street is an
estimated
520 ft., therefore
260 linear feet must
meet the glazing
requirements. This
equates to an
estimated minimum
additional cost of
$29,250 to the
project
This
Concession is
allowed under
State Density
Bonus Law
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
adverse impact
on public
health or safety
Waivers(s) Common Open
Space (MMSP)
Not meet the
total sq ft
amount
required
This standard is
eligible as a waiver
because including
the delta in private/
common open space
would require the
reconfiguration of
units on the higher
floors to
accommodate the
additional on-site
open space, which
would result in the
loss of units and
residential floor
area.

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Type of
Modification Standard Applicant Request Justification Discretion Waivers(s)
ODS Standard 3.2.2
Pedestrian
Connections: This
development
standard is found in
section 3.2.2 of
the Milpitas
Objective Design
Standard. This
standard requires
entrances serving
more than 20 units
to be 8 feet.

Not provide
entrance at a
minimum of 8
feet in width
The Applicant
requests relief from
this requirement
because of the site’s
unusual triangular
shape. Pedestrian
pathways are
provided to the
main entrance of
each building.

Not provide
commercial or
habitable use
along the
public right-ofway
The site is
unusually shaped
and physically
constrained from
adding the required
uses to the ground
floor, as this would
place the structure
well beyond the
minimum setback
area. Adding these
uses within the
existing footprint
would eliminate
parking spaces and
require the
relocation of some
equipment and
utility rooms to
upper floors. As a
result, residential
This Waiver is
allowed under
the State
Density Bonus
Law if it
physically
prevents
development
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
unmitigable
adverse impact
on public

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Type of
Modification Standard Applicant Request Justification Discretion units will be
eliminated
health or safety
and welfare
Waivers(S)
ODS Standard 3.7.1
Service Areas,
Storage, Utilities,
and Equipment:

This development
standard
requires utilities and
equipment, service,
storage, and nonpassenger loading
areas to be located
inside buildings or
on facades other
than the Primary
Building Frontage,
along alleys,
parking areas,
and/or at the rear or
side of building.

Additionally, some
of these rooms, like
the fire command
room, must be
accessible
from Main Street.

Thus, this standard
is eligible to be
waived because it
would have the
effect of physically
precluding
construction of the
project at the
proposed density
This Waiver is
allowed under
the State
Density Bonus
Law if it
physically
prevents
development
and must be
granted by the
City unless it
finds, based
upon
substantial
evidence, that
the waiver
would have a
specific
unmitigable
adverse impact
on public
health or safety
and welfare
Affordable Housing Ordinance
According to MMC Section XII-1-3.00 (Affordable Housing), the Applicant must reserve 15 percent of the total number of dwelling units within the development as affordable units.

The project will meet the City of Milpitas’s Affordable Housing Ordinance by reserving 94 units for lower income and 22 units for moderate income, as shown in Table 6 and Figures 11 and 12 below. The Project has been conditioned to execute an agreement imposing appropriate ownership

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controls on the affordable units and all other requirements per MMC Section XII-1-3.04 (Design and distribution of affordable units).

Table 6 shows the project’s proposed unit type and affordability, and Figures 11 and 12 show the distribution of affordable units.

Table 6: Summary of Unit Type/Configuration and Affordably Levels The Housing Division reviewed the proposed Project for compliance with the City’s Affordable Housing Ordinance. In accordance with the distribution of the unit types shown in Table 6 above, the Applicant has agreed to distribute the number of affordable unit types as outlined below and as shown to be dispersed throughout the Project as identified in Figures 11 & 12:

Figure 11 – Project Affordable Unit Distribution Building A

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Table 7: AHO Waivers
Type of
Modification Standard Applicant Request Discretion
Waivers(s)
Front Setback – This development
standard is found in Table 2-2 of
the Milpitas Metro Specific Plan.

This standard requires a setback of
8 to 20 feet.

The project will provide a
front yard setback of 6 feet.

MMC Section XII-1-7.00
(A)(2) of the Milpitas
Municipal Code allows for a
50 percent reduction of the
required minimum setback
Approved
by the
Planning
Director

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Type of
Modification Standard Applicant Request Discretion
Waiver(s)
Side Setback – This development
standard is found in Table 2-2 of
the Milpitas Metro Specific Plan.

This standard requires a setback of
10 feet
The project will provide a
side yard setback of 6 feet
and 9 inches.

Section XII-1-7.00 (A)(2) of
the Milpitas Municipal Code
allows for a 50 percent
reduction of the required
minimum setback
Approved
by the
Planning
Director
Waiver(s)
Rear Setback – This development
standard is found in Table 2-2 of
the Milpitas Metro Specific Plan.

This standard requires a setback of
10 feet
The project will provide a
rear yard setback of 6 feet.

Section XII-1-7.00 (A)(2) of
the allows for a 50 percent
reduction of the required
minimum setback
Approved
by the
Planning
Director
Waiver(s)
Long-Term Parking Requirement

0.5 spaces per bedroom, 197
bedrooms/2= 98.5
Short-Term Parking
Requirement

0.1 spaces per bedroom,
197/10=19.7~ Long Term:26
Short Term:20
Long Term:26
Short Term:20
Approved
by the
Planning
Director
Objective Design Standards
The development of residential multi-family projects and mixed-use projects in the City of Milpitas is regulated by a variety of documents including the General Plan, Zoning Ordinance, Specific Plans, and other topic specific ordinances. Following the passage of California State Senate Bill 330 (SB 330), the City of Milpitas is required to adopt objective design standards and streamline its housing development and review process to ensure high quality design and facilitate the efficient delivery of new residential units.

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These Objective Design Standards apply to all new construction projects that meet the following criteria:
• Multi-family projects. Defined as a project consisting of multifamily residential uses only with 2 or more Dwelling Unit or,
• Mixed-use projects, featuring a combination of residential and other uses. Defined as a project consistent of a mix of multifamily residential and nonresidential uses, where at least two-thirds of the square footage of the development is designated for residential use The Project was considered a (L) Large – Mid-Rise Building type due to the size of the building.

Staff reviewed the project’s conformance against several different quantifiable design standards, including Site Planning, Site Design, Building Design, Building Elements, and Usable and Open Space.

As demonstrated in the attached Objective Standards Checklist, the project is consistent with most of the applicable Objective Design Standards (ODS). Where the project is not in compliance with objective standards, the State Density Bonus Law requires the City to grant appropriate concessions and waivers for qualifying projects. These are outlined in Table 5: State Density Bonus – Concessions, Waivers, and Incentives.

Figures 7 and 8 show the rendering of the apartment building, and Figure 9 shows the colors and materials board.

Figure 7 – Apartment Building 3D Renderings

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Figure 8 – Apartment Building 3D Renderings
Figure 9 – Apartment Colors and Materials Board

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Figure 10 – Landscape Plan
Other Project Details
Specific information regarding project details is provided below to aid the Planning Commission in making its recommendation:

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number of moderate or high- income residential units.” The project meets all these conditions and therefore, subject to City approval, this project would be considered to have a less than significant impact on the VMT in the area.

The project would have one access driveway from South Main Street for passenger loading and deliveries only. Staff has determined that the site circulation’s functionality would not cause any safety or operational problems.

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Development Fees
The Project shall be subject to the following development fees.

The TADIF fee accounts for a % of the Park Land Fee, and because the Applicant is paying this fee, no additional Parkland Fee is required. This fee is automatically adjusted each fiscal year in conjunction with the City’s annual budget process. The Applicant must pay the fee before the issuance of building permits.

Public Art Fee
Per Milpitas Municipal Code Section XI-10-14, private developments must include publicly accessible works of art for placement on the development site or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. The Applicant is seeking a Public Art Exclusion, as specified in Milpitas Municipal Code Section XI-10-14.03(E), which states that Section 14 shall not apply to an affordable housing development with a minimum of 20 percent affordable housing units if the developer and/or owner demonstrates to the satisfaction of the City Council that said requirements would cause the development project not to be economically feasible. The fee is currently set at one-half of one percent of building development costs, which would result in a fee payment of $91,983.45 based on the estimated building development costs of $18,396,690. The Applicant has demonstrated in Attachment G that the Public Art Program In-Lieu Fee would make the development project economically infeasible due to a funding gap of $91,983.45.

FINDINGS FOR APPROVAL
A finding is a statement of fact relating to the information that the Planning Commission has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action.

Site Development Permit
To approve the Site Development Permit, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.03(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.

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stucco walls, vinyl windows, accented with metal frame awnings along the ground floor, along with an aluminum storefront window systems at entrances. The Project, as designed, will further strengthen the identity of the existing neighborhood, and achieve compatibility and aesthetic harmony with the surrounding development.

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

The proposed Project is generally consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 4. Where exceptions from the Milpitas Metro Specific Plan Area (MMSP), Multiple-Family Very High Density (R4) standards, and Objective Design standards are needed, the Applicant has requested waivers and concessions pursuant to the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and concessions will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard.

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

The proposed Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2.

Density Bonus Permit
To qualify for a Density Bonus Permit, the following standards must be met pursuant to Milpitas Municipal Code Section XI-10-54.15(D):

1. The maximum allowable base density specified in the General Plan, including any other permitted increases to density.

The proposed Project includes 118 apartments, equal to 122.15 dwelling units per acre, exceeding the General Plan density allowed in the immediate area.

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the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation.

5. Affordable Rents. Those units targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income. Those units targeted for very low-income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income.
94 of the Project’s units will be targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code, which states that lower-income households shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income.

6. Relation to Statute. Density bonus requirements not specified in these regulations shall be governed by the State Density Bonus Law, Government Code section 65915, et seq.

The developer has identified and requested bonus incentives held within the State Density Bonus Law, and the Planning Department supports this request.

ENVIRONMENTAL REVIEW
The City conducted an environmental assessment in accordance with the California Environmental Quality Act (“CEQA”), as amended. The project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section §15332 (Class 32: In-Fill Projects) and, as a separate and independent basis, Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). This exemption is the appropriate CEQA determination for the proposed Project as it meets the Class 32 eligibility criteria. For additional details, see Exhibit 2 of the Resolution (Attachment B) for the proposed Project memorandum demonstrating compliance with CEQA Guidelines Section 15332. Exhibit 3

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of the Resolution (Attachment C) includes the supporting technical reports as substantial evidence for the CEQA memorandum.

PUBLIC COMMENT/OUTREACH
Staff provided public notice of the application in accordance with City and State public noticing requirements. A notice was published in the Milpitas Post on March 15, 2024. In addition, notices were sent to all owners and occupants within 300 feet of the project site. A public notice was also posted at the project site, on the City's Website, www.milpitas.gov, and at City Hall. At the time of publishing this report, no public comments have been received.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing;

3. Adopted Resolution No. 24-011 recommending that the City Council approve Site Development Permit SD22-0015, Density Bonus DB23-0011, and Environmental Assessment No. EA23-0015, based on the above Findings and subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit 1, the CEQA Exemption Memorandum attached hereto as Exhibit 2, and the CEQA Exemption Supporting Technical Studies attached hereto as Exhibit 3, subject to the Conditions of Approval

ATTACHMENTS
A. Resolution No. 24-011, including Exhibit 1 to the Resolution: Conditions of Approval B. Exhibit 2 to the Resolution: CEQA Exemption Memorandum C. Exhibit 3 to the Resolution: CEQA Exemption Supporting Technical Studies D. Project Plans
E. Request for Development Incentives
F. Objective Standards Checklist
G. Public Art Contribution Exclusion Memo

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Certificate Of Completion
Envelope Id: FE864A83303C4ABF974DE9F414ED7D02 Status: Completed Subject: Complete with DocuSign: Reso 24-011 1300 S Main Street for DocuSign.pdf Source Envelope:

Document Pages: 31 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
March 28, 2024 | 11:05
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: March 28, 2024 | 11:11
Viewed: March 28, 2024 | 12:22
Signed: March 28, 2024 | 12:24
Electronic Record and Signature Disclosure:

Accepted: March 28, 2024 | 12:22
ID: 6b31cb7b-88e8-4c83-ab9e-1757fd465270
Alexis Gevorgian
[email protected]
Pres
Amg
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.218.96.169
Signed using mobile
Sent: March 28, 2024 | 12:24
Resent: April 3, 2024 | 10:46
Resent: April 4, 2024 | 13:16
Viewed: April 4, 2024 | 14:13
Signed: April 4, 2024 | 14:14
Electronic Record and Signature Disclosure:

Accepted: April 4, 2024 | 14:13
ID: f61d39e5-539b-4436-8636-9efab7aca7c0
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Avery Stark
[email protected]
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Sent: April 4, 2024 | 14:14
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Electronic Record and Signature Disclosure:

Accepted: April 12, 2021 | 18:35
ID: b96a6b7c-b48f-4555-8b5e-3ad49059ed2e

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Carbon Copy Events Status Timestamp
Kimberly Calica
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: April 4, 2024 | 14:14
Viewed: April 4, 2024 | 14:20
Electronic Record and Signature Disclosure:

Accepted: March 28, 2024 | 14:13
ID: 6976f817-045f-46e8-9b30-f105d1248c1e
Liz Medina
[email protected]
Administrative Assistant
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: April 4, 2024 | 14:14
Resent: April 4, 2024 | 14:14
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted March 28, 2024 | 11:11
Envelope Updated Security Checked April 4, 2024 | 13:16 Envelope Updated Security Checked April 4, 2024 | 13:16 Envelope Updated Security Checked April 4, 2024 | 13:16 Certified Delivered Security Checked April 4, 2024 | 14:13 Signing Complete Security Checked April 4, 2024 | 14:14 Completed Security Checked April 4, 2024 | 14:14
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Electronic Record and Signature Disclosure

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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.

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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

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

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:

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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..

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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.

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1 MEMORANDUM
Planning Department
To: Jay Lee AICP, Planning Director, City of Milpitas
From: Avery Stark, Acting Senior Planner, City of Milpitas Subject: 1300 South Main Street Project Categorical Exemption Date: March 8, 2024
This memorandum supports the finding that the proposed project at 1300 South Main Street “Project” would be exempt from further review pursuant to California Environmental Quality Act (CEQA) Section 15332 (In-Fill Development Projects). The Project site located at 1300 South Main Street is a single parcel: (APN 083-36-002) in the City of Milpitas, Santa Clara County. The proposed Project is described in the attached staff report. All supporting technical studies referenced herein are included as Exhibit 3.

Class 32 Infill Exemption, Per CEQA Guidelines Section 15332 Article 19 of the California Environmental Quality Act (CEQA Guidelines Section 15300 to Section 15333) includes a list of classes of projects that have been determined to not have a significant effect on the environment and as a result, are exempt from review under CEQA. Among the classes of projects that are exempt from CEQA review are those projects that are specifically identified as urban in‐fill development. CEQA Guidelines Section 15332 (Class 32) consists of projects characterized as in‐fill development when meeting the following conditions:
• (a) The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; and
• (b) The proposed Project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; and • (c) The Project site has no value as habitat for endangered, rare or threatened species; and
• (d) Approval of the proposed Project would not result in any significant effects relating to traffic, noise, air quality or water quality, and • (e) The site can be adequately served by all required utilities and public services.

The analysis presented in the following section provides substantial evidence that the proposed Project qualifies for an exemption under CEQA Guidelines Section 15332 as a Class 32 urban in‐fill development, and would not have a significant effect on the environment. Section 15183(a) of the California Environmental Quality Act (CEQA) Guidelines states that “…projects which are consistent with the development density

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March 29, 2024
2 established by the existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as may be necessary to examine whether there are project‐specific significant effects which are peculiar to the project or its site.” Section 15332 (a): General Plan & Zoning Consistency
Yes No The Project is consistent with the applicable General Plan designation and all applicable planning policies and is consistent with the applicable zoning designation and regulations. X
As described in the staff report and in Table 1 of Exhibit A, the Project is consistent with the Milpitas 2040 General Plan and policies and meets the majority of the METRO Multiple-Family Very High Density (R4) zoning regulations under the Metro Specific Plan. The Project is restricting the sale of 100 percent of the housing units to moderateincome and low-income residents and qualifies for concessions, waivers, and parking reductions under the mandated State Density Bonus Law and Milpitas Affordable Housing Ordinance. Therefore, the City must grant the requested Project waivers to the front, rear and side yard setback development standards and allow for parking reductions if those development standards would physically preclude the development from construction and do not cause a public health or safety problem.

Section 15332 (b): Project Location, Size, and Context
Yes No The proposed Project occurs within city limits on a project site of no X more than five acres substantially surrounded by urban uses.

The Project is on a site smaller than five acres, as it is approximately 0.97 acres in size, and is entirely surrounded by urban uses with existing developed lots, including several multifamily apartment buildings, Union Pacific Rail Road property, and the intersection of Great Mall Parkway and S Main Street.

Section 15332 (c): Endangered, Rare or Threatened Species Yes No The Project site has no value as habitat for endangered, rare or X threatened species.

The Project site includes one lot that is occupied by an existing one-story commercial and office building located within a developed urban area. The Project site has no significant riparian corridors, estuaries, marshes, wetlands, or any other potential wildlife habitat that might contain endangered, rare , or threatened species as documented by the Biological Constraints Analysis for the Milpitas Metro Specific Plan. Thus, the Project site has no value as habitat for rare, threatened, or endangered species.

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3 Section 15332 (d): Traffic, Noise, Air Quality, or Water Quality Yes No Approval of the proposed Project would not result in any significant X effects related to traffic, noise, air quality or water quality.

Traffic: The proposed Project would not result in any significant impacts to traffic operations according to established traffic engineering standards, and no off-site traffic or transportation mitigations would be required. Based on the City’s adopted transportation analysis policy and CEQA Guidelines section 15064.3(c) the project would not have a significant impact on vehicle miles traveled (VMT).

Noise: The introduction of 118 new housing units on the Project site would not result in significant noise impacts upon adjacent uses, because noise emanating from the proposed residences would be typical of the neighborhood and would not result in a significant change or increase in the existing noise environment. The Project will be required to comply with Section 1207 of the California Building Code, which requires that the interior noise levels of multi-family units have interior noise levels of 45 dB DNL or lower. The Project would also have to comply with the City’s noise ordinance per Milpitas Municipal Code Chapter V-213-3. Construction noise will be limited to 7:00 a.m. to 7:00 p.m. on weekdays and weekends and prohibited on federal holidays.

Air Quality: The impact of dust and exhaust generated by grading and excavation of future construction activities is temporary in nature and limited to site preparation and future construction of the new apartment buildings. The Project will not conflict with the 2017 Clean Air Plan by the Bay Area Air Quality Management District (BAAQMD) and the proposed residential land use is below BAAQMD’s construction and operational screening levels for requiring further quantitative criteria air pollutant analysis and would not introduce a new source of odors. Furthermore, the Metro Specific Plan EIR identified air quality mitigation measures that have been incorporated into the Conditions of Approval, which the Project must adhere to. As such, the Project would not result in any significant effects related to air quality.

Water Quality: The Project will not violate water quality standards or waste discharge requirements because it will be required to comply with the standard Best Management Practices per the C.3 Stormwater Handbook by the Santa Clara Valley Urban Runoff Pollution Prevention Program, which regulates discharge into the City’s storm drainage system. Furthermore, the increase in runoff would not be large enough to cause flooding on- or off-site. All projects of this nature are required to comply with these standards and will be reviewed for compliance by the City’s Engineering Department during the building permit review process. Furthermore, the Applicant prepared a Preliminary Stormwater Quality Control Plan dated May 21, 2021, by consultants Schaaf & Wheeler for the Project.

Section 15332 (e): Utilities and Public Services

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4 Yes No The site can be adequately served by all required utilities and public X services.

The Project site is located in an area surrounded completely by existing development and infrastructure and has been reviewed by all major reviewing Departments including but not limited to Building, Fire, Police, Land Development, Traffic, Water, and Solid Waste Departments. As a result, it has been determined that the site can be adequately serviced to preserve public health, safety, and wellness. The Applicant has also agreed to a number of onsite utility improvements as included in the Conditions of Approval.

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AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-15-2024 JOB NO.: 2020-503 HWY 101 SITE NORTH N.T.S. GREAT MALL PKWY S ABEL ST S MAIN ST APPLICANT/OWNER: AMG & ASSOCIATES, LLC PO Box 260770 Encino, CA 91426 (818) 380-2600 Ext. 14 Contact: Alexis Gevorgian [email protected] PROJECT TEAM MAIN STREET MILPITAS, CA DESIGN REVIEW SUBMITTAL FEBRUARY 14, 2024 RESIDENTIAL ARCHITECT: AO ARCHITECTS 144 North Orange Street Orange, CA 92866 (714) 639-9860 Contact: Ioanna Magiati [email protected] Contact: Drishti Shah [email protected] SHEET INDEX LANDSCAPE ARCHITECT: THOMAS H. PHELPS LANDSCAPE ARCHITECTURE P.O.BOX 170129 Boise, ID 83717 (530) 892-8897 Contact: Thomas Phelps [email protected] CIVIL ENGINEER: RUGGERI-JENSEN-AZAR 4690 Chabot Drive Suite 200 Pleasanton, CA 94588 (925) 227-9100 Contact: Dominic Carucci [email protected] ELECTRIAL ENGINEER: DC ENGINEERING 440 East Corporate Drive Suite 103 Meridian, Idaho 83642 (208) 493-0067 Contact: Josh Farmer [email protected] G1.0

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ELEV. 1
UPDN MPOE MAINTENANCE ±15 PARKING STALLS EV STALL EV READY

EV STALL EV READY

EV STALL EV READY EV STALL EV READY

EV STALL EV READY

EV STALL EV CHARGER
EV STALL EV READY BIKE RACK DD06-LL-G 6 BIKES FIRE COMMAND CENTER FIRE PUMP ROOM

EMERGENCY GENERATOR ROOM

BIKE STORAGE
LOBBY

NO PARKING

EV STALL EV READY
ELEV. ROOM
ELEC. ROOM

BOILER ROOM
SOLAR BATTERY ROOM BUILDING A T. ELEV. 1 ELEC. ROOM MPOE MAINTENANCE ROOM ±24 PARKING STALLS ELEV. ROOM BOILER ROOM UP FIRE PUMP ROOM EMERGENCY GENERATOR ROOM FIRE COMMAND CENTER UP EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT COMPACT COMPACT COMPACT COMPACT EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT EV STALL EV READY VAN EV STALL EV READY EV STALL EV READY LEASING OFFICE MAIL ROOM PARCEL PENDING FILE STORAGEREST ROOM LOBBY USPS NO PARKING NO PARKING SOLAR. ROOM TRASH STAGING BUILDING B 11'-8" 34'-0"
3'-0"
26'-0"53'-2" 3'-1"
6'-9" 7'-6"
32'-11" 11" 9'-3" 6'-0" 6'-9" 7'-2" 9'-0" 8'-8" 6'-0" 55'-5" S MAIN STREET (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. 23'-8" 18'-0" 24'-0"
COLUMN CL TO CL DRIVE AISLE TYPICAL STANDARD PARKING GARAGE STALL WHEEL STOP MIN. DRIVEWAY WIDTH PROVIDING ACCESS TO PARKING STRUCTURE 9'-0" 9'-0" 9'-0" 18'-0"

COMPACT COMPACT COMPACT
28'-2"

COLUMN CL TO CL
24'-0"
9'-0" 9'-0" 9'-0"
7'-6" 7'-6" 7'-6" 15'-0" AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-15-2024 JOB NO.: 2020-503 REFER TO CIVIL AND LANDSCAPE EXHIBITS FOR MORE INFORMATION CONCEPTUAL SITE PLAN A1.0 NORTH 1"=20'-0"0 10' 20' 40' 60'

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ELEV. 1
UPDN ELEV.

ROOM
MPOE
ELEC. ROOM

BOILER ROOM MAINTENANCE
±15 PARKING STALLS

EV STALL EV READY

EV STALL EV CHARGER
EV STALL EV READY BIKE RACK DD06-LL-G 6 BIKES FIRE COMMAND CENTER FIRE PUMP ROOM

EMERGENCY GENERATOR ROOM

BIKE STORAGE
LOBBY
SOLAR BATTERY ROOM NO PARKING NO PARKING BUILDING A T. ELEV. 1 ELEC. ROOM MPOE MAINTENANCE ROOM ±24 PARKING STALLS ELEV. ROOM BOILER ROOM UP FIRE PUMP ROOM EMERGENCY GENERATOR ROOM FIRE COMMAND CENTER UP EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT COMPACT COMPACT COMPACT COMPACT EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT EV STALL EV READY VAN EV STALL EV READY EV STALL EV READY LEASING OFFICE MAIL ROOM PARCEL PENDING FILE STORAGEREST ROOM LOBBY USPS NO PARKING NO PARKING SOLAR. ROOM TRASH STAGING BUILDING B 11'-8" 34'-0"
3'-0"
26'-0"53'-2" 3'-1"
6'-9" 7'-6"
32'-11" 11" 9'-3" 6'-0" 6'-9" 7'-2" 9'-0" 8'-8" 6'-0" 55'-5" S MAIN STREET (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. 150'-0" 131'-0" 150'-0" GE GE 150'-0" 17'-9" 29'-0" 29'-0" BUILDING B TOP OF STAIR TOWER A2 34 FT WIDE FIRE LANE 10'-11" 10'-10" 10-11" LEVEL 2 LEVEL 3 LEVEL 4
71'-10" LEVEL 5 TOP OF PARAPET
10'-11" ROOF
10'-11" LEVEL 6
77'-8" B1B1B1B1B1 B1B1B1B1 C1 B1 C1 C1 C1 C1 C1 C1 C1 C1 C1 BUILDING A STAIR TOWER BEYOND S1S1S1S1S1 C1 C1 C1 C1 C1 C1 C1 C1 C1 B1 C1 C1 C1 C1 B1 C1 B1B1B1B1 A1 A1 A1 A1 13'-2" LEVEL 1 PARKING GARAGE A2 A2 A2 A2 TTTTT 10'-11" 10'-10" 10-11" LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 11'-11" ROOF LEVEL 2
10'-11" A1 PARKING GARAGE LEVEL 113'-2" EL 1 B1 B1C1 C1 AMENITIES 1242 SQ. FT. WOMEN'S RR BIKE RACK DD04-LL-G 4 BIKES 5' DIA. LAUNDRY A1 S1 B1 B1 B1 DN UP A2 A2 A2 A2 UPDN F.C. RM. F.C. RM. BIKE STOR. (4 BIKES) P. S1 S1 C1 A1 B1 C1 C1 LAUNDRY C1 A1 UPDN5' DIA. F.C. ROOM UPDN F.C. RM. GE ELEV. 1 GE CONCEPTUAL FIRE PLAN A1.1 NORTH 1"=20'-0"0 10' 20' 40' 60' AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 LEGENDNEW PUBLIC FIRE HYDRANT 150' HOSE PULL MAIN ACCESS POINT TO BUILDING GE GUERNY-SIZE ELEVATOR FIRE AREA SEPARATION WALL STAIR WITH ROOF ACCESS PROPOSED FIRE ACCESS DRIVEWAY FIRE APPARATUS FOR BUILDING B FIRE APPARATUS FOR BUILDING A BUILDING B - TYPICAL UPPER PLAN 2 BUILDING A - TYPICAL UPPER PLAN 1

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ELEV. 1
UP
DN
ELEV.

ROOM
MPOE
ELEC.

ROOM
BOILER
ROOM

MAINTENANCE
±15 PARKING STALLS

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

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EV READY

EV STALL

EV READY

EV STALL

EV CHARGER

EV STALL
EV READY BIKE RACK DD06-LL-G
6 BIKES

FIRE COMMAND
CENTER
FIRE
PUMP
ROOM

EMERGENCY GENERATOR
ROOM
BIKE

STORAGE
LOBBY
SOLAR

BATTERY ROOM
NO

PARKING
NO

PARKING BUILDING A
T.

ELEV. 1
ELEC. ROOM
MPOE

MAINTENANCE ROOM
±24 PARKING STALLS
ELEV. ROOM
BOILER
ROOM
UP

FIRE PUMP ROOM

EMERGENCY GENERATOR
ROOM

FIRE COMMAND
CENTER
UP

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

COMPACT

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

EV STALL

EV READY

COMPACT

EV STALL

EV READY
VAN

EV STALL

EV READY

EV STALL

EV READY

LEASING OFFICE

MAIL ROOM

PARCEL PENDING
FILE

STORAGE

REST ROOM
LOBBY

USPS NO

PARKING
NO
PARKING SOLAR. ROOM
TRASH

STAGING

BUILDING B
11'-8"
34'-0" 3'-0"
26'-0"
53'-2"
3'-1"
6'-9"
7'-6"
32'-11"
11"
9'-3" 6'-0"
6'-9" 7'-2" 9'-0" 8'-8"
6'-0"
55'-5"
S MAIN STREET (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. TRASH HOLDING AREA #2 (19'-0" X 12'-9") TRASH CHUTES TRASH STAGING AREA #2 (15'-10" X 20'-0") 315 SQ.FT. 15'-10"
20'-0" TRASH HOLDING AREA #1 (23-0" X 19'-9") TRASH CHUTES PATH OF CONVEYANCE OF BINS TO TRASH STAGING AREA PATH OF CONVEYANCE OF BINS TO TRASH STAGING AREA R
S
R
OR.

S OR.

R
R
S
S
S OR. TRASH COMP ROOM TRASH COMP ROOM
S
R
R CONCEPTUAL TRASH MANAGEMENT PLAN A1.2 NORTH 1"=20'-0" 0 10' 20' 40' 60' AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 TRASH NARRATIVE Residents will dispose of trash and waste for recycling via chutes for refuse and recycling (1each) which are provided in a room at two locations on each level. Trash chutes drop into trash bins located in rooms on the lower garage level, as shown on this sheet. Vertical Trash Compactors are provided within these receiving / compaction rooms to directly compact refuse or recyclable material. Management personnel will bring compacted bins out of the receiving / compaction rooms for "scout" truck collection
/ "train-ing". (Internal transport from Holding/Compaction areas to the Collection Area shall remain the responsibility of the property owner throughout the lifecycle of this development). The scout truck will then transport compacted bins to the collection area as shown. Waste Hauler truck to reverse into property to acces trash staging area and pull forward to exit onto Main Street as designated on plan. Per City of Milpitas Development Guidelines for Solid Waste Service, 3 cubic yard bin size is 42" x 72". Color of bins used for solid waste to be different from bins used for recycling. TRASH COLLECTION SUMMARY 3(b) Chutes. Chutes, if provided for on-site collection of material, shall comply with the following guidelines: i. Application. Contact City engineering department if recycled material chutes are proposed since special care must be taken to assure material does not hang up in chutes and to minimize contamination by trash. In addition, a property manager shall be available to monitor the chute daily (including weekends)to check operations, maintain bins and chutes, and avoid nuisance conditions. ii. Adequate Designated Recycled Area Required. Provide adequate area for separate recycled material collection adjacent to chute area; property management to transport recycled material to central location for pickup. iii. Chute Design. 1. Provide 16 inch square chute doors (which is smaller than the 24 inch chute diameter) to preclude dumping of large items which may hang up in chute. 2. Provide chute doors with side panels to avoid hands being caught in doors. 3.Provide temporary “shutoff door” at end of chute to prevent disposal when receiving trash bins are being changed. 4. Provide insulation around chute to reduce noise. 5. Provide sanitary systems to minimize nuisance conditions: -Placement of the manufacturers optional, built-in water cleaning system, where appropriate** -Use of the deodorizer device, where appropriate*** -Include positive, mechanical air ventilation of at least six (6) room volumes per hour or as designed for specific use by registered engineer. Fan switch shall be located at a convenient location near trash bins. 6. Provide individual slide-out refuse cabinet with 15 pound plastic bag holder in each residential kitchen for plastic, tie-top disposal bags to be used for disposal into chutes. 7. For chutes in excess of three floors, a baffle system to reduce the drop impact of material shall be included. iv. Others. 1. Adhere to fire code (City Fire Department will review). 2. Conform to all Equipment Manufacturer's requirements. LEGENDTRASH ROOM

S INDICATES SOLID WASTE BIN
R INDICATES RECYCLABLE BIN OR INDICATES ORGANIC WASTE CART ROUTE TO TRASH STAGING TRASH STAGING AREA 6'-0" MINIMUM PATHWAY HAULER TRUCK BACKING-IN HAULER TRUCK MOVING HEAD-ON REFER TO CIVIL EXHIBITS FOR MORE INFORMATION

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UPDN MPOE MAINTENANCE ±15 PARKING STALLS EV STALL EV READY

EV STALL EV READY

EV STALL EV READY EV STALL EV READY

EV STALL EV READY

EV STALL EV CHARGER
EV STALL EV READY BIKE RACK DD06-LL-G 6 BIKES FIRE COMMAND CENTER FIRE PUMP ROOM

EMERGENCY GENERATOR ROOM

BIKE STORAGE
LOBBY

NO PARKING

EV STALL EV READY
ELEV. ROOM
ELEC. ROOM

BOILER ROOM
SOLAR BATTERY ROOM BUILDING A T. ELEV. 1 ELEC. ROOM MPOE MAINTENANCE ROOM ±24 PARKING STALLS ELEV. ROOM BOILER ROOM UP FIRE PUMP ROOM EMERGENCY GENERATOR ROOM FIRE COMMAND CENTER UP EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT COMPACT COMPACT COMPACT COMPACT EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT EV STALL EV READY VAN EV STALL EV READY EV STALL EV READY LEASING OFFICE MAIL ROOM PARCEL PENDING FILE STORAGEREST ROOM LOBBY USPS NO PARKING NO PARKING SOLAR. ROOM TRASH STAGING BUILDING B S MAIN STREET (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. (2)30"x48" EXTERIOR AREA FOR ASSISTED RESCUE, TYP. AREA #2 2990 SQ. FT. AREA #1 4239 SQ. FT. AREA #3 1769 SQ. FT. AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-15-2024 JOB NO.: 2020-503 CONCEPTUAL OPEN SPACE PLAN A1.3 NORTH 1"=20'-0"0 10' 20' 40' 60' LEGEND COMMON OPEN SPACE REFER TO CIVIL AND LANDSCAPE EXHIBITS FOR MORE INFORMATION

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EX 10' SWK VARIES
3'-0" EX 10' SWK VARIES PROPOSED BUILDING HEIGHT - ROOF LEVEL (+67'-7") PROPOSED BUILDING HEIGHT - ROOF LEVEL (+67'-7") PROPOSED BUILDING HEIGHT - ROOF LEVEL (+71'-7") PROPOSED BUILDING HEIGHT - ROOF LEVEL (+67'-7") AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 CONCEPTUAL SITE SECTIONS A1.4 1"=20'-0"0 10' 20' 40' 60' SECTION C KEY MAPMAIN STREET NORTH N.T.S. BLDGB BLDGA A SECTION B SECTION A B C

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ELEV. 1 UPDN ELEV. ROOM MPOE ELEC. ROOM BOILER ROOM MAINTENANCE ±15 PARKING STALLS EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV CHARGER 23'-0" 23'-0" 44'-5" 8'-4" 23'-0" 25'-2" 22'-10" 5'-10" 198'-7" 19'-2" 24'-2" 37'-11"
81'-1" 169'-11" 5'-8" 23'-0"
19'-6" 11'-1" 8'-9" 17'-8" 11'-10" 11'-6" BUILDING LINE ABOVE 23'-0" EV STALL EV READY BIKE RACK DD06-LL-G
6 BIKES FIRE COMMAND CENTER FIRE PUMP ROOM EMERGENCY GENERATOR ROOM BIKE STORAGE LOBBY SOLAR BATTERY ROOM NO PARKING NO PARKING P. S1 S1 C1 A1 C1 C1 B1 LAUNDRY C1 A1 UPDN5' DIA.F.C. ROOM UP
DN F.C. RM. ELEV. 1 23'-0" 23'-0" 44'-5" 8'-4" 23'-0" 25'-2" 22'-10" 192'-9" 80'-0" 23'-0" 60'-2" 10'-6"
19'-8" 10'-11" 8'-9" 17'-8" 11'-10" 11'-6" 23'-2" 22'-10" 23'-11" 22'-6" 10'-6" 23'-0" LEGENDRESIDENTIAL AMENITIES PARKING RESIDENTIAL AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 KEY MAPMAIN STREET NORTH N.T.S. BLDGB BLDGA Level 1 Levels 2-6CONCEPTUAL BLDG. PLANS - BLDG. A A2.0

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SLOPE SLOPE SLOPE SLOPE SLOPE STAIRCASE OVERRUN FOR MASSING ±10'-0" TRASH VENTS ELEVATOR OVERRUN ±8'-0" STAIRCASE ±10'-0" ROOF NET AREA 4255 SQ. FT. 23'-0" 23'-0" 44'-5" 8'-4" 23'-0" 25'-2" 22'-10" 6'-0" 198'-9" 80'-0" 23'-0" 60'-2" 10'-6"
19'-8" 10'-11" 8'-9" 17'-8" 11'-10" 11'-6" 198'-7" 23'-2" 46'-9" 22'-6" 23'-0" 4'-0" AC CONDENSER UNITS
4'-0" AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 KEY MAPMAIN STREET NORTH N.T.S. BLDGB BLDGA Roof LevelCONCEPTUAL BLDG. PLANS - BLDG. A A2.1

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ELEV. 1 ELEC. ROOM MPOE MAINTENANCE ROOM ±24 PARKING STALLS ELEV. ROOM BOILER ROOM

UP FIRE PUMP ROOM EMERGENCY GENERATOR ROOM FIRE COMMAND CENTER UP EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT COMPACT COMPACT COMPACT COMPACT EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY

COMPACT

EV STALL

EV READY
VAN

EV STALL

EV READY

EV STALL
EV READY 24'-0" 18'-8"
30'-10" 34'-1" 6'-1" 10'-6"
81'-6" 78'-2"
58'-7" 81'-0" 30'-1" 31'-0" 22'-4" 42'-10" 126'-3"
139'-7" LEASING OFFICE MAIL ROOM PARCEL PENDING FILE STORAGEREST ROOM LOBBY LOW WALL USPS
NO

PARKING
NO

PARKING
24'-0" SOLAR. ROOM LEGENDRESIDENTIAL AMENITIES PARKING RESIDENTIAL KEY MAPMAIN STREET NORTH N.T.S. BLDGA BLDGB AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 Level 1 CONCEPTUAL BLDG. PLANS - BLDG. B A2.2 NORTH 1"=10'-0"0 5' 10' 20' 30'

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EL 1 B1 B1C1C1 AMENITIES 1242 SQ. FT. WOMEN'S RR BIKE RACK DD04-LL-G 4 BIKES 5' DIA. LAUNDRY A1 S1 B1 B1 B1
UP
DN A2 A2 A2 A2 UPDN F.C. RM. F.C. RM. 78'-0"
10'-0" 25'-6" 29'-2" 9'-4" 7'-2"
81'-2"
23'-0" 24'-2" 11'-11" 45'-10" 11'-8" 23'-0"
139'-7" 11'-1" 23'-0" 13'-6" 13'-6" 22'-4" 42'-6" 125'-11" BIKE STOR. (4 BIKES) LEGENDRESIDENTIAL AMENITIES PARKING RESIDENTIAL AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 KEY MAPMAIN STREET NORTH N.T.S. BLDGA BLDGB Level 2 CONCEPTUAL BLDG. PLANS - BLDG. B A2.3 NORTH 1"=10'-0"0 5' 10' 20' 30'

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EL 1 B1 B1C1C1 BIKE STOR. (4 BIKES)
5' DIA. A1 S1 B1 B1 B1
UP
DN A2 A2 A2 A2 F.C. RM. B2 A2 UPDN F.C. RM. 78'-0"
9'-2" 26'-4" 29'-2" 9'-4" 7'-2"
81'-2"
23'-0" 24'-2" 11'-11" 45'-10" 11'-8" 23'-0"
139'-7" 11'-1" 23'-0" 13'-6" 13'-6" 22'-4" 42'-6" 125'-11" LAUNDRY BIKE RACK DD04-LL-G 4 BIKES LEGENDRESIDENTIAL AMENITIES PARKING RESIDENTIAL AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 KEY MAPMAIN STREET NORTH N.T.S. BLDGA BLDGB Level 3-6 CONCEPTUAL BLDG. PLANS - BLDG. B A2.4 NORTH 1"=10'-0"0 5' 10' 20' 30'

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DN TRASH VENTS ELEVATOR OVERRUN ±8'-0" STAIRCASE ±10'-0" STAIRCASE OVERRUN FOR MASSING ±10'-0" 78'-0" 9'-2" 26'-4" 29'-2" 9'-4" 7'-2"
81'-2"
23'-0" 24'-2" 11'-11" 45'-10" 11'-8" 23'-0"
139'-7" 11'-1" 23'-0" 13'-6" 13'-6" 22'-4" 42'-6" 125'-11" 4'-0" AC CONDENSER UNITS ROOF NET AREA 5581 SQ. FT. AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 KEY MAPMAIN STREET NORTH N.T.S. BLDGA BLDGB Roof Level CONCEPTUAL BLDG. PLANS - BLDG. B A2.5 NORTH 1"=10'-0"0 5' 10' 20' 30' NOTE: SOLAR PANEL EQUIPMENT IS EXPECTED TO EXCEED 581 SQ. FT. IN AREA. THIS WOULD DISQUALIFY THE ROOF NET AREA FROM MEETING GREEN ROOF REQUIREMENT THRESHOLDS.

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UNIT S1 STUDIO - 1 BATH UNIT AREA: 416 SQ. FT. LIVING SPACE 12'-8" X 16'-2" BATH CHASE 68" X 18" P. KITCHEN UNIT A1 1 BED - 1 BATH UNIT AREA: 585 SQ. FT. BEDROOM 1 10'-8" X 11'-6" W.I.C. CHASE 33" X 30" BATH LIVING 10'-8" X 9'-4" KITCHEN P. CHASE 33" X 18" DW UNIT B1 2 BED - 1 BATH UNIT AREA: 799 SQ. FT. KITCHEN P. CHASE 33" X 18" DW BEDROOM 1 10'-8" X 10'-6" CHASE 33" X 26" BATH L. BEDROOM 2 10'-8" X 10'-6" LIVING / DINING 10'-8" X 20'-2" W.I.C. UNIT C1 3 BED - 2 BATH UNIT AREA: 1100 SQ. FT. BEDROOM 1 10'-8" X 10'-8" CHASE 33" X 26" BATH L. BEDROOM 2 10'-8" X 11'-0" LIVING / DINING 10'-8" X 21'-2" W.I.C. W.I.C. KITCHEN P. CHASE 33" X 18" DW BEDROOM 1 10'-8" X 10'-8" CHASE 33" X 26" BATH L. BEDROOM 2 10'-8" X 11'-0" LIVING / DINING 10'-8" X 21'-2" W.I.C. BEDROOM 3 10'-8" X 11'-6" CHASE 33" X 30" BATH UTILITY SPACE OR DUAL STORAGE UNITS 10'-6" X 6'-0" UNIT B2 2 BED - 1 BATH UNIT AREA: 799 SQ. FT. CHASE 33" X 30" BATH LIVING 10'-6" X 12'-4" P. BEDROOM 1 10'-8" X 9'-10" BEDROOM 2 10'-8" X 9'-10" KITCHEN DW BEDROOM 12'-8" X 10'-0" KITCHEN BATH UNIT A2 1 BED - 1 BATH UNIT AREA: 450 SQ. FT. P. CHASE 75' X 12" LIVING ROOM CONCEPTUAL UNIT PLANS A3.0 AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 1/8"=1'-0"0 4' 8' 16' 24'

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13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9") 10'-11"
13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9") 10'-11" CONCEPTUAL BLDG. ELEVATIONS - BLDG. A A4.0 BUILDING A - NORTH ELEVATION 1 AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 1"=10'-0"0 5' 10' 20' 30' BUILDING A - EAST ELEVATION 2 KEY MAPMAIN STREET NORTH N.T.S. BLDGB BLDGA1 2

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13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9") 10'-11"
13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9") 10'-11" BUILDING A - SOUTH ELEVATION 3 AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 1"=10'-0"0 5' 10' 20' 30' KEY MAPMAIN STREET NORTH N.T.S. BLDGB BLDGA3 4 CONCEPTUAL BLDG. ELEVATIONS - BLDG. A A4.1 BUILDING A - WEST ELEVATION 4

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13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9") 10'-11" 13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9")10'-11" BUILDING B - NORTH ELEVATION 1 AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 1"=10'-0"0 5' 10' 20' 30' KEY MAPMAIN STREET NORTH N.T.S. BLDGA BLDGB 2 1 CONCEPTUAL BLDG. ELEVATIONS - BLDG. B A4.2 BUILDING B - EAST ELEVATION 2

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13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9") 10'-11" 13'-2" 10'-11" 10'-11" 10'-11" 10'-11" LEVEL 6 (+56'-10") LEVEL 5 (+45'-11") LEVEL 4 (+35'-0") LEVEL 3 (+24'-1") LEVEL 2 (+13'-2") LEVEL 1 (+0'-0") ± 77'-8" MAX. HEIGHT ROOF (+67'-9")10'-11" AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 1"=10'-0"0 5' 10' 20' 30' CONCEPTUAL BLDG. ELEVATIONS - BLDG. B A4.3 KEY MAPMAIN STREET NORTH N.T.S. BLDGA BLDGB3 4 BUILDING B - WEST ELEVATION 4 BUILDING B - SOUTH ELEVATION 3

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KEY MAPMAIN STREET NORTH N.T.S. BLDGB BLDGA VIEW ON MAIN STREET LOOKING TOWARDS BUILDING B LEASING 1 VIEW FROM RAIL ROAD TRACKS LOOKING NORTH 4 VIEW ON MAIN STREET LOOKING SOUTH 2 VIEW FROM RAIL ROAD TRACKS LOOKING SOUTH 3 1 3 4 2 AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 CONCEPTUAL 3D VIEWS A5.0

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KEY MAPMAIN STREET NORTH N.T.S. BLDGB BLDGA CONCEPTUAL 3D VIEWS A5.1 AERIAL VIEW FROM NORTHEAST CORNER 3 VIEW FROM MAIN STREET LOOKING AT BUILDING A 4 VIEW ON MAIN STREET LOOKING SOUTHEAST 2 VIEW FROM SOUTHWEST CORNER OF BUILDING B LOOKING NORTH 1 3 241 AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503

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CONCEPTUAL MATERIAL AND COLOR BOARD A6.0 BUILDING A - EAST ELEVATION AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 A. SW 7071 GRAY SCREEN B. SW 9685 AFTER THE STORM C. SW 6905 GOLDFINCH BUILDING B - NORTH ELEVATION 1. STUCCO LIGHT SAND FINISH 3. ALUMINUM STOREFRONT WINDOW BLACK OR EQUAL 2. VINYL WINDOWS BLACK OR EQUAL 4. METAL AWNING BLACK OR EQUAL D. SW 6894 FORCEFUL ORANGE E. SW 6481 GREEN BAY F. SW 6475 COUNTRY SQUIRE 2 A1 F1 B 3 1 C1 B1 D1 A1 E1 F1 4 2 A1 B1 C1 D1 E1 F1 5 5 5 5 2 5. PERFORATED METAL SCREEN BLACK OR EQUAL

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P. S1 S1 C1 A1 C1 C1 B1 LAUNDRY C1 A1 UPDN5' DIA.F.C. ROOM UP
DN F.C. RM. ELEV. 1
P. S1 S1 C1 A1 C1 C1 B1 LAUNDRY C1 A1 UPDN5' DIA.F.C. ROOM UP
DN F.C. RM. ELEV. 1
P. S1 S1 C1 A1 C1 C1 B1 LAUNDRY C1 A1 UPDN5' DIA.F.C. ROOM UP
DN F.C. RM. ELEV. 1
P. S1 S1 C1 A1 C1 C1 B1 LAUNDRY C1 A1 UPDN5' DIA.F.C. ROOM UP
DN F.C. RM. ELEV. 1
P. S1 S1 C1 A1 C1 C1 B1 LAUNDRY C1 A1 UPDN5' DIA.F.C. ROOM UP
DN F.C. RM. ELEV. 1 LEGENDRESIDENTIAL - MODERATE INCOME UNITS RESIDENTIAL - LOW INCOME UNITS AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 AFFORDABILITY EXHIBIT - BLDG. A A7.0 Level 2 Level 3 Level 5 Level 4 Level 6

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EL 1 B1 B1C1C1 AMENITIES 1242 SQ. FT. WOMEN'S RR BIKE RACK DD04-LL-G 4 BIKES 5' DIA. LAUNDRY A1 S1 B1 B1 B1
UP
DN A2 A2 A2 A2 UPDN F.C. RM. F.C. RM. BIKE STOR. (4 BIKES) LEGENDRESIDENTIAL - MODERATE INCOME UNITS RESIDENTIAL - LOW INCOME UNITS EL 1 B1 B1C1C1 BIKE STOR. (4 BIKES) 5' DIA. A1 S1 B1 B1 B1
UP
DN A2 A2 A2 A2 F.C. RM. B2 A2 UPDN F.C. RM. LAUNDRY BIKE RACK DD04-LL-G 4 BIKES EL 1 B1 B1C1C1 BIKE STOR. (2 BIKES) 5' DIA. A1 S1 B1 B1 B1
UP
DN A2 A2 A2 A2 F.C. RM. B2 A2 UPDN F.C. RM. LAUNDRY EL 1 B1 B1C1C1 BIKE STOR. (2 BIKES) 5' DIA. A1 S1 B1 B1 B1
UP
DN A2 A2 A2 A2 F.C. RM. B2 A2 UPDN F.C. RM. LAUNDRY EL 1 B1 B1C1C1 BIKE STOR. (2 BIKES) 5' DIA. A1 S1 B1 B1 B1
UP
DN A2 A2 A2 A2 F.C. RM. B2 A2 UPDN F.C. RM. LAUNDRY AMG & ASSOCIATES 144 NORTH ORANGE ST., ORANGE, CA 92866 (714) 639-9860 AO ARCHITECTS MAIN STREET MILPITAS,CA DATE: 02-14-2024 JOB NO.: 2020-503 AFFORDABILITY EXHIBIT - BLDG. B A7.1 Level 2 Level 3 Level 4 Level 6 Level 5

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THOMAS H. PHELPS L A N D S C A P E A R C H I T E C T U R E IDLA, INC. California Landscape Architect #4122 ID #LA-16771 * HI #LA-16112 P.O.BOX 170129 Boise, Idaho 83717 [email protected] (208) 906-1300 Scale: NTS OUTDOOR EXERCISE FALL ZONE 2 Scale: NTS PICNIC TABLE 5 Scale: NTS BENCH & TRASH RECEPTACLE 3 Scale: NTS BIKE RACK 4 Scale: NTS TOT LOT EXAMPLE 1

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ELEV. 1 UPDN MPOE MAINTENANCE ±15 PARKING STALLS EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV CHARGER EV STALL EV READY BIKE RACK DD06-LL-G 6 BIKES FIRE COMMAND CENTER FIRE PUMP ROOM EMERGENCY GENERATOR ROOM BIKE STORAGE LOBBY NO PARKING NO PARKING EV STALL EV READY ELEV. ROOM ELEC. ROOM BOILER ROOM SOLAR BATTERY ROOM BUILDING A T. ELEV. 1 ELEC. ROOM MPOE

MAINTENANCE ROOM
±24 PARKING STALLS
ELEV. ROOM

BOILER ROOM UP FIRE PUMP ROOM EMERGENCY GENERATOR ROOM FIRE COMMAND CENTER

UP EV STALL EV READY EV STALL EV READY EV STALL EV READY

EV STALL EV READY

COMPACT

EV STALL EV READY

EV STALL EV READY
EV STALL EV READY COMPACT EV STALL EV READY VAN EV STALL EV READY EV STALL EV READY LEASING OFFICE MAIL ROOM PARCEL PENDING FILE STORAGEREST ROOM LOBBY USPS NO PARKING NO PARKING SOLAR. ROOM TRASH STAGING BUILDING B

S MAIN STREET

AMG & ASSOCIATES
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860

AO ARCHITECTS

MAIN STREET MILPITAS,CA
02-15-2024
2020-503
208.288.2181 Project:22AMG01
ELECTRICAL SITE PLAN E1.0
NORTH
1"=20'-0"0 10' 20' 40' 60'

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ELEV. 1 UPDN MPOE MAINTENANCE ±15 PARKING STALLS EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV CHARGER EV STALL EV READY BIKE RACK DD06-LL-G
6 BIKES FIRE COMMAND CENTER FIRE PUMP ROOM EMERGENCY GENERATOR ROOM BIKE STORAGE LOBBY NO PARKING NO PARKING EV STALL EV READY ELEV. ROOM ELEC. ROOM BOILER ROOM SOLAR BATTERY ROOM BUILDING A T. ELEV. 1 ELEC. ROOM MPOE

MAINTENANCE ROOM
±24 PARKING STALLS
ELEV. ROOM
BOILER ROOM UP FIRE PUMP ROOM EMERGENCY GENERATOR ROOM FIRE COMMAND CENTER UP EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT COMPACT COMPACT COMPACT COMPACT EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY EV STALL EV READY COMPACT EV STALL EV READY VAN EV STALL EV READY EV STALL EV READY LEASING OFFICE MAIL ROOM PARCEL PENDING FILE STORAGEREST ROOM LOBBY USPS NO PARKING NO PARKING SOLAR. ROOM TRASH STAGING BUILDING B

S MAIN STREET

1.2 1.5

0.9 0.6

1.9 1.6

1.3 1.9

1.6 1.0

1.7 1.2

1.1 0.8

1.6 0.1

0.1 0.1

0.1 0.2

0.2 0.3

0.3 0.4

0.4 0.5

0.5 0.4

0.4 0.4

0.3 0.2

0.2 0.2

0.2 1.2

1.1 1.0

0.8 0.6

0.5 0.4

0.4 0.5

0.5 0.5

0.4 0.4

0.3 0.2

0.9 0.5

0.4 0.4

0.8 0.8

0.7 0.6

0.5 0.4

0.3 0.2

0.2 0.1

0.1 0.1

0.1 1.0

0.8 0.6

0.5 0.4

0.3 0.2

0.2 0.2

0.2 0.3

0.3 0.3

0.4 0.4

0.5 0.5

0.4 0.4

0.3 0.1

0.1 0.1

0.7 0.7

0.6 0.5

0.1 0.1

0.1 0.2

0.2 0.2

0.2 0.1

0.1 0.1

0.1 0.6

0.5 0.4

0.3 0.2

0.2 0.2

0.1 0.1

0.1 0.3

0.2 0.1

0.1 0.1

0.1 0.2

0.2 0.2

0.1 0.1

0.1 0.2

0.1 0.1

0.2 0.2

0.2 0.1

0.2 0.2

0.2 0.3

0.3 0.3

0.2 0.2

0.2 0.1

0.1 0.5

0.5 0.4

0.4 0.3

0.3 0.3

0.3 0.2

0.2 0.1

0.5 0.5

0.4 0.3

0.2 0.0

0.0 0.0

0.0 0.0 0.0

0.0 1.4

0.8 1.0

1.6 1.4

0.9 1.4

1.5 1.4

1.6 1.1

2.1 2.3

2.2 1.6

1.7 1.9

0.7 2.5

1.0 1.9

1.9 2.0

0.3 2.5

1.0 1.1

1.2 0.9 1.7

1.0 1.0

1.4 1.3

1.6 2.3

1.7 1.5

2.0 2.7

2.8 1.8

1.6 2.0

2.7 2.6

1.8 1.5

1.9 2.6

2.2 1.8

1.6 1.8

2.1 1.9

1.7 1.6

1.7 1.7

1.6 1.7

1.8 1.7

1.7 1.8

2.3 2.0

1.6 1.7

2.1 2.3

2.8 2.3

1.6 1.6

2.4 2.9

2.3 1.5

1.5 2.1

2.6 2.1

1.8 1.4

1.4 1.6

2.0 1.3

1.1 1.1

1.2 1.2

0.9 3.0

1.0 1.1

0.8 1.4

1.4 1.0

2.3 1.3

0.9 3.0

1.7 1.2

0.9 0.7

0.7 3.6

3.0 1.9

1.5 1.3

1.2 1.1

1.1 1.6

2.7 2.7

2.1 1.8

2.0 2.2

2.2 1.9

2.0 2.4

2.2 2.3

2.8 3.4

3.8 2.9

1.7 2.1

1.9 1.7

0.9 1.5 2.0

0.6 4.5

1.2 1.9

2.0 2.1

1.6 2.0

1.1 2.3

0.8 1.0

0.8 0.6

0.1 0.2

0.2 0.2

0.1 0.6

0.5 0.5

0.5 0.6

0.5 0.5

0.3 0.2

0.1 0.1

0.1 0.2

0.3 0.6

0.9 1.0

0.9 0.6

0.4 0.4

0.2 0.2

0.2 0.1

0.2 0.4

0.7 0.8

0.8 0.6

0.4 0.2

0.1 0.1

0.1 0.2

0.2 0.2

0.2 0.1

0.1 0.1

0.0 0.0

0.0 1.1

1.1 AMG & ASSOCIATES
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860

AO ARCHITECTS

MAIN STREET MILPITAS,CA
02-15-2024
2020-503
208.288.2181 Project:22AMG01
PHOTOMETRIC PLAN E1.1
NORTH
1"=20'-0"0 10' 20' 40' 60'

Page 494 of 970 ends

P.O. Box 260770
Encino, California 91426
Land Planning, Finance & Development
Tel. 818-380-2600
February 14, 2024
Avery Stark
City of Milpitas
455 East Calaveras Boulevard
Milpitas, California 95035
Re: Request for Development Incentives
1300 South Main Street, Milpitas, CA 95035 (APN: 083-36-002) Dear Mr. Stark,
Pursuant to State Density Bonus Law, AMG & Associates, LLC (the “Applicant”) wishes to pursue concessions from the City’s development standards.

The site is zoned Multi-Family Very High Density Residential (R4) with TOD overlay allowing a density of up 41 units to 60 units per gross acre. The R4 District is intended to provide for higher-density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks. The project site is located within the Milpitas Metro Specific Plan and carries a land use designation of Metro Multi-Family Very High Density Residential which allows a density of up to 40 to 85 dwelling units per acre. Additionally, the project site is designated in Table B-2 of the General Plan Housing Element as a housing opportunity site. For further details, see attached letter prepared by Erik Ramakrishnan of Berliner Cohen, LLP.

The property is within one-half mile from the VTA Greatmall Light Rail Station. Because the development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development upon the request of the developer, a city, county, or city and county shall not impose vehicular parking standards per State Density Bonus Law [Government Code §65915 (p)(3)(A)].

The Applicant will comply with the affordability presented below. The project will meet the City of Milpitas’s Affordable Housing Ordinance (“Affordable Housing Ordinance”) and will comply with Government Code Section 65915(b)(1)(G), wherein 100 percent of the total units exclusive of a manager's unit or units will be for lower income households, as defined by Section 50079.5 of the Health and Safety Code (includes 15 percent to lower income per Affordable Housing Ordinance), except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

AMI Low
Incl. Low Mod Total
Rentable
Manager’s
Unit
TOTA
L
# Units 15 79 22
116 2 118
% Rentable Units 15% 65% 20%
Milpitas’s Zoning Code (“Zoning Code”) imposes specific development standards depending on the project’s location. Pursuant to State Density Bonus Law, an eligible housing development shall be entitled to five

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Milpitas City CouncilApril 16, 2024

Milpitas City Council
April 16, 2024