Milpitas City Council
June 4, 2024

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 95 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Metro Specific Plan SFEIR Mitigation Measures
MM GHG-1 Require Implementation of BAAQMD-Recommended Construction Best Management Practices
All applicants within the Metro Plan Area shall require their contractors, as a condition of contracts, to reduce construction-related GHG emissions by implementing BAAQMD’s recommended BMPs, including the following measures (based on BAAQMD’s 2017 CEQA Guidelines):
• Ensure alternative fueled (e.g., biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet. • Use at least 10 percent local building materials (sourced from within 100 miles of the Metro Plan Area).
• Recycle and reuse at least 50 percent of construction waste or demolition materials.

MM GHG-2 Implement Operational GHG Reduction Measures or Their Equivalent Applicants of future projects within the Metro Plan Area shall implement the following operational GHG emissions reduction strategies where feasible or demonstrate why a measure is not feasible, and implement equivalent GHG reductions to the foregone measure, or pay a mitigation fee per Mitigation Measure GHG-3 (see below) to compensate for any foregone GHG reductions not implemented. Applicants of future projects that do not propose to implement all of the strategies described below shall prepare a feasibility study outlining why the declined strategies were not implemented (e.g., feasibility, not applicable, etc.), estimating the foregone GHG reductions, and identifying any equivalent GHG reduction measures proposed (or proposal to pay a mitigation fee instead) for the City’s review and concurrence prior to the issuance of building permits. • LEED® Certification. The United States Green Building Council (USGBC) is a private 501(c)3, non-profit organization that promotes sustainability in building design, construction, and operation. The USGBC developed the LEED® program, which provides a rating system that awards points for new construction based on energy use, materials, water efficiency, and other sustainability criteria. LEED® has certification systems for both commercial and residential use.

While LEED® allows some flexibility in choice of measures to meet LEED® criteria, new construction shall be required to include specific committed measures in use of recycled and sustainable materials in construction, water efficiency, and efficiency of energy use. New development in the Metro Plan Area shall be required to achieve LEED® Silver certification or equivalent, or a higher certification, or provide equivalent GHG reductions through proposed new measures or payment of a fee per Mitigation Measure GHG-3.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 96 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx • Natural Gas Infrastructure. Future development within the Metro Plan Area shall utilize electric space and water heating to the maximum extent feasible or to the extent required by existing or future regulations. Natural gas infrastructure and appliances shall not be installed to the extent feasible as determined by the availability and capacity of electrical power distribution infrastructure. • Solar Roofs. Mounted rooftop electricity-generating solar panels convert solar energy to electricity for use in commercial and residential buildings. • New construction in the Metro Plan Area shall be required to either employ solar roofs on at least 30 percent of roof square footage or provide equivalent GHG reductions through proposed new measures or pay a mitigation fee per Mitigation Measure GHG-3. The inclusion of solar roofs may be part of meeting LEED® Silver or equivalent requirements.
• Water Minimization Programs. For waste that is generated by nonresidential uses, recycling, composting of food waste and other organics, and the use of reusable products instead of disposal products diverts solid waste from the landfill stream.

New nonresidential uses in the Metro Plan Area shall be required to implement recycling (including organics recycling) and reusable product use programs or provide equivalent GHG reductions through proposed new measures or pay a mitigation fee per Mitigation Measure GHG-3. The inclusion of these measures may be part of meeting LEED® Silver or equivalent requirements.

MM GHG-3 Purchase GHG Mitigation Credits
Where a future project in the Metro Plan Area does not propose to implement all of the GHG reduction measures in Mitigation Measure GHG-2 and does not propose equivalent reduction measures to compensate for the measures not implemented, the project applicant shall be required to pay on a pro rata basis for net operational GHG emissions to compensate for emissions foregone from not implementing all measure in Mitigation Measure GHG-2 or providing equivalent reductions.

Applicants may purchase GHG credits from a voluntary GHG credit provider that has an established protocol that requires projects generating GHG credits to demonstrate that the reduction of GHG emissions are real, permanent, quantifiable, verifiable, enforceable, and additional (per the definition in California Health and Safety Code Sections 38562(d)(1) and (2)). Definitions for these terms are as follows. • Real: Estimated GHG reductions should not be an artifact of incomplete or inaccurate emissions accounting. Methods for quantifying emission reductions should be conservative to avoid overstating a project’s effects. The effects of a project on GHG emissions must be comprehensively accounted for, including unintended effects (often referred to as “leakage”). To ensure that GHG reductions are real, the reduction must be a direct reduction within a confined project boundary.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 97 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx • Additional: GHG reductions must be additional to any that would have occurred in the absence of the Climate Action Reserve, or of a market for GHG reductions generally. “Business as usual” reductions (i.e., those that would occur in the absence of a GHG reduction market) should not be eligible for registration. • Permanent: To function as offsets to GHG emissions, GHG reductions must effectively be “permanent.” This means, in general, that any net reversal in GHG reductions used to offset emissions must be fully accounted for and compensated through the achievement of additional reductions.
• Quantifiable: GHG reductions or GHG removal enhancements must be able to be accurately measured and calculated relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset project boundary, while accounting for uncertainty and activity-shifting leakage and market-shifting leakage.
• Verified: GHG reductions must result from activities that have been verified.

Verification requires third-party review of monitoring data for a project to ensure the data are complete and accurate.
• Enforceable: The emission reductions from offset must be backed by a legal instrument or contract that defines exclusive ownership and the legal instrument can be enforced within the legal system in the country in which the offset project occurs or through other compulsory means. Please note that per this mitigation measure, only credits originating within the United States are allowed.

GHG credits must also meet the following requirements:
• GHG credits may be in the form of GHG offsets for prior reductions of GHG emissions verified through protocols or forecasted mitigation units for future committed GHG emissions meeting protocols.
• All credits shall be documented per protocols functionally equivalent in terms of stringency to ARB’s protocol for offsets in the cap-and-trade program. The applicant must provide the protocols from the credit provider and must document why the protocols are functionally equivalent.
• Applicants shall identify GHG credits in geographies closest to Santa Clara County first and only turn to larger geographies (i.e., California, United States, global) if adequate credits cannot be found in closer geographies, or the procurement of such credits would create an undue financial burden. Applicants shall provide the following justification for not using credits in closer geographies in terms of either availability or cost prohibition:
- Lack of enough credits available in closer geographies. - Prohibitively costly credits in closer geographies are defined as credits costing more than 300 percent the amount of the current costs of credits in the regulated ARB offset market.
- Documentation submitted supporting GHG credit proposals shall be prepared by individuals qualified in GHG credit development and verification and such individuals shall certify the following: (1) proposed credits meet the definitions

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 98 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx for the criteria provided in this measure; and (2) the protocols used for the credits meet or exceed the standards for stringency used in ARB protocols for offsets under the California cap-and-trade system.

This mitigation includes the following specific requirements for applicants of future projects within the Metro Plan Area:
• Applicants shall provide the City with a 30-year operational GHG emissions estimate for the final design that includes two scenarios: (1) project operations including all Mitigation Measure GHG-2 reduction measures; and (2) project operations only including those Mitigation Measure GHG-2 reduction measures the applicant proposes to implement and any alternative GHG reduction measures proposed by the applicant. The emissions estimate can be focused exclusively on the sectors where Mitigation Measure GHG-2 measures will not be fully implemented. The difference between the Scenario 1 and Scenario 2 operational emissions will define the amount of needed annual GHG reductions to be addressed through purchase of GHG mitigation credits. The City shall review the emission estimates to ensure they are representative and determine the total amount of annual GHG emissions required to be addressed through purchase of mitigation credits.
• Applicants shall purchase GHG mitigation credits meeting the above requirements and provide documentation to the City of how the credits meet the above requirements. Applicants shall provide the City with documentation of the retirement of sufficient GHG credits to meet the annual GHG reduction amount prior to January 1 of each calendar year for the following year. This requirement shall apply to operations for up to 30 years. Applicants may purchase credits up front or in advance as they choose.

Mitigation Measures for the Proposed Project
Implement MM GHG-1, MM GHG-2, and MM GHG-3.

Conclusion
With regard to GHG Emissions, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 99 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx

4. No new mitigation measures or alternatives previously found not to be feasible, would in fact be feasible and would reduce one or more significant effects of the project. No new mitigation measures or alternatives which are considerably different from those analyzed in the previously certified EIRs would substantially reduce significant impacts.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 100 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
IX. Hazards and Hazardous Materials
Would the project:
a) Create a
significant hazard
to the public or
the environment
through the
routine transport,
use, or disposal
of hazardous
materials?
Less than
significant
impact
Less than
significant
impact
No No No None None
b) Create a
significant hazard
to the public or
the environment
through
reasonably
foreseeable upset
and accident
conditions
involving the
release of
hazardous
materials into the
environment?
Less than
significant
impact
Less than
significant
impact
No No No None None
c) Emit hazardous
emissions or
handle hazardous
or acutely
hazardous
materials,
substances, or
waste within onequarter mile of an
existing or
proposed school?
Less than
significant
impact
Less than
significant
impact
No No No None None
d) Be located on a
site which is
included on a list
of hazardous
materials sites
compiled
pursuant to
Government Code
Less than
significant
impact
Less than
significant
impact
No No No None None

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 101 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
Section 65962.5
and, as a result,
would it create a
significant hazard
to the public or
the environment?
e) For a project
located within an
airport land use
plan or, where
such a plan has
not been adopted,
within two miles
of a public airport
or public use
airport, would the
project result in a
safety hazard or
excessive noise for
people residing or
working in the
project area?
Less than
significant
impact
Less than
significant
impact
No No No None None
f) Impair
implementation of
or physically
interfere with an
adopted
emergency
response plan or
emergency
evacuation plan?
Less than
significant
impact
Less than
significant
impact
No No No None None
g) Expose people or
structures, either
directly or
indirectly to a
significant risk of
loss, injury or
death involving
wildland fires?
Less than
significant
impact
Less than
significant
impact
No No No None None

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 102 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Discussion
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan has the potential to create a significant hazard to the public or to the environment through routine transport, use, or disposal of hazardous materials. Future development projects allowed under the General Plan may involve the transportation, use, and/or disposal of hazardous materials for construction and operation. Therefore, the General Plan FEIR found that there is a potential for accidental release of hazardous materials. The use, transportation, and disposal of hazardous materials is regulated and monitored by local fire departments, Certified Unified Program Agencies (CUPAs), the California Occupational Health and Safety Administration (Cal/OSHA), and the California Department of Toxic Substances Control (DTSC), consistent with the requirements of federal, State, and local regulations and policies. These requirements would limit the potential for a project to expose nearby uses, such as schools, to hazardous emissions or an accidental release. In the event of a hazardous materials spill or release, notification and cleanup operations would be performed in compliance with applicable regulations. Facilities that store hazardous materials are also required to maintain a Hazardous Materials Business Plan per General Plan Safety Element Policy SA-5.3. Per General Plan Action SA-5a, applications for future discretionary projects must provide detailed information regarding the potential for the historical use of hazardous materials on-site as well as mitigation measures if warranted. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR concluded that future individual development projects under the Metro Specific Plan could cause impacts related to hazards and hazardous materials because development could be located in an area with a known hazardous release site, include demolition of structures potentially containing hazardous building materials, result in the future use, transport, and disposal of hazardous substances, and require construction near a school. However, future discretionary projects would be required to comply with federal, State, and local policies regarding hazardous materials and outlined above. Therefore, the Metro Specific Plan SFEIR concluded that impacts related to hazards and hazardous materials would be less than significant.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 103 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Proposed Project Analysis and Conclusions
The proposed project includes similar land uses and intensity of development to those contemplated in the General Plan FEIR and the Metro Specific Plan SFEIR. The proposed project does not propose specific development. Future development and land use activities within the Planning Area and Metro Specific Plan Area, including development within 0.25 mile of a school, would be subject to all applicable federal, State, and local policies for the transport, use and disposal of hazardous materials as described above, including General Plan Action SA-5a. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Summary of General Plan FEIR
The General Plan FEIR determined that there are no hazardous materials release sites compiled pursuant to Government Code Section 65962.5 within the Planning Area. The General Plan FEIR identified 65 locations with a Milpitas address listed in the EnviroStor database. Of these sites, two are active, eight require no further action, four are certified, two are closed, two are protective filers, 37 are inactive and need evaluation, two are inactive and withdrawn, and eight are referred to RWQCB, SB 1248 local agency, or other agency. The General Plan FEIR further identified 95 Leaking Underground Storage Tank (LUST) locations within the City listed in the GeoTracker database. Of these sites, 93 have undergone LUST cleanup and have been closed by the State, one is open for site assessment, and one is an open verification monitoring case. These sites are subject to various federal and State laws such as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and oversight by various regulatory agencies, including the United States Environmental Protection Agency (EPA), DTSC, and RWQCB. The General Plan FEIR concluded that future development projects would comply with applicable federal and State regulations, reducing impacts to less than significant.

Summary of Metro Specific Plan SFEIR
Refer to summary provided in Impact IX(a).

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development. As described above, there are no hazardous materials release sites within the Planning Area. While there are LUST sites and sites identified by EnviroStor in the Planning Area, these sites would be evaluated and restored subject to federal and State laws and regulatory agencies, including the CERCLA, the EPA, DTSC, and the RWQCB, in the case that any specific development was proposed at these sites. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 104 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Summary of General Plan FEIR
The General Plan FEIR determined that there are no airport facilities within the Planning Area and the nearest airport facility is the San Jose International Airport, located approximately two miles south of the Milpitas border. The Airport Influence Area (AIA) extends south along State Route (SR) 87 to just south of I-280, approximately 3 miles northeast of the City. The National Transportation Safety Board Aviation Accident Database identifies a total of eight aircraft accidents at the San Jose International Airport, and these incidents were small-scale and did not occur within Milpitas city limits. Furthermore, the General Plan FEIR identified that the City is not located within one of the Airport Safety Zones for the San Jose International Airport. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
Refer to summary provided in Impact IX(a).

Proposed Project Analysis and Conclusions
The proposed project does not propose any development in areas not previously contemplated by the General Plan FEIR and the Metro Specific Plan SFEIR. As described in the General Plan FEIR, the closest airport to the Planning Area is the San Jose International Airport, located approximately two miles south of the City. Further, the City is not located within one of the Airport Safety Zones identified by the Comprehensive Land Use Plan for the San Jose International Airport. Therefore, development and land use activities contemplated by the proposed project would not expose persons residing or working in the Planning Area or the Metro Specific Plan Area to aviation safety hazards. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Summary of General Plan FEIR
The General Plan FEIR determined that implementation of the General Plan would not remove or impede any established evacuation routes within the City and that the General Plan does not include land uses, policies, or other components that conflict with adopted emergency response or evacuation plans. However, the City could receive a development proposal that could potentially interfere with an established emergency evacuation route or plan. The Santa Clara County Operation Area and the Santa Clara County Emergency Management Organization provide mutual aid to communities via the Santa Clara County Sheriff’s Office, Santa Clara County Fire Department (SCCFD), and the State of California Office of Emergency Services. The City of Milpitas Emergency Operations Plan (EOP) also addresses the integration and coordination within other governmental

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 105 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx agencies required during an emergency. The General Plan FEIR found that coordination with these agencies required by the General Plan would ensure the City’s emergency access routes, emergency contact lists, and public information regarding designated facilities and routes are regularly reviewed and updated. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
Refer to summary provided in Impact IX(a).

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development within the Planning Area or the Metro Specific Plan Area. Therefore, the proposed project would not directly interfere with emergency response or evacuation. The proposed project includes shifts in zoning districts along established vehicular corridors but does not propose any increase in overall development associated with the buildout of the General Plan or the Metro Specific Plan. Roadways would continue to accommodate project-related traffic, and individual projects would be required to make improvements where needed to ensure adequate capacity for emergency response. Therefore, the implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required. g. Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires?
Summary of General Plan FEIR
The General Plan FEIR determined that the City and its vicinity are not categorized as Very High Fire Hazard Severity Zone (VHFHSZ) by the California Department of Forestry and Fire Protection (CAL FIRE) and that Local Responsibility Areas (LRA) are concentrated in the incorporated areas of the City and served by the Milpitas Fire Department. The General Plan FEIR identified policies and actions in the General Plan which require adequate water supply and water flow availability, adequate emergency access, adequate fire protection services, fire safe design site standards, and public awareness regarding fire safety. Future individual development projects associated with the implementation of the General Plan would be required to comply with the provisions of federal, State, and local requirements related to wildland fire hazards. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
Refer to summary provided in Impact IX(a).

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development within the Planning Area or the Metro Specific Plan Area. Furthermore, the proposed project would implement the General Plan and Metro Specific Plan with the same intensity of development. As such, future individual development

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 106 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx projects resulting from the proposed project would not expose additional people to wildland fire hazards. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Hazards and Hazardous Materials, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 107 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
X. Hydrology and Water Quality
Would the project:
a) Violate any water
quality standards
or waste discharge
requirements or
otherwise
substantially
degrade surface or
ground water
quality?
Less than
significant
impact
Less than
significant
impact
No No No None None
b) Substantially
decrease
groundwater
supplies or
interfere
substantially with
groundwater
recharge such
that the project
may impede
sustainable
groundwater
management of
the basin?
Less than
significant
impact
Less than
significant
impact
No No No None None
c) Substantially alter
the existing
drainage pattern
of the site or area,
including through
the alteration of
the course of a
stream or river or
through the
addition of
impervious
surfaces, in a
manner which
would:

Less than
significant
impact
Less than
significant
impact
No No No None None
(i) result in
substantial
erosion or
siltation on- or
off-site;
Less than
significant
impact
Less than
significant
impact
No No No None None

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 108 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
(ii) substantially
increase the
rate or amount
of surface
runoff in a
manner which
would result in
flooding on- or
off-site;
Less than
significant
impact
Less than
significant
impact
No No No None None
(iii) create or
contribute
runoff water
which would
exceed the
capacity of
existing or
planned
stormwater
drainage
systems or
provide
substantial
additional
sources of
polluted
runoff; or
Less than
significant
impact
Less than
significant
impact
No No No None None
(iv)impede or
redirect flood
flows?
Less than
significant
impact
Less than
significant
impact
No No No None None
d) In flood hazard,
tsunami, or seiche
zones, risk release
of pollutants due
to project
inundation?
Less than
significant
impact
Less than
significant
impact
No No No None None
e) Conflict with or
obstruct
implementation of
a water quality
control plan or
sustainable
groundwater
management
plan?
Less than
significant
impact
Less than
significant
impact
No No No None None

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 109 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Discussion
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Summary of General Plan FEIR
Construction
The General Plan FEIR determined that grading, excavation, removal of vegetation cover, and loading activities associated with construction of future individual development projects could temporarily increase runoff, erosion, and sedimentation. Construction activities could also result in soil compaction and wind erosion impacts with the potential to adversely affect soil and reduce revegetation potential at construction sites. A future development project would require an approved SWPPP if it disturbs more than one acre of land to ensure BMPs are implemented during project construction. Further, the General Plan FEIR identifies that specific projects larger than one acre in size are required to obtain National Pollutant Discharge Elimination System (NPDES) coverage under the California General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities from the Regional Water Quality Control Board (RWQCB). Therefore, the General Plan FEIR concluded that impacts would be less than significant.

New Development
The General Plan FEIR determined that development associated with the implementation of the General Plan could introduce constituents into the stormwater system associated with urban runoff and could increase impervious surfaces that could reduce rainwater infiltration and groundwater recharge. However, the majority of development imagined by the General Plan is within areas currently developed with urban uses, and the amount and type of runoff would be similar to the existing conditions. Additionally, the General Plan FEIR identified that the implementation of the General Plan would not appreciably add to the volume of impervious surfaces in the City or the Santa Clara Plain Recharge Area and that there are adequate water supplies. Furthermore, the General Plan FEIR identified that each future development project is required to prepare a detailed project-specific drainage plan, Water Quality Management Plan (WQMP), and a SWPPP to control stormwater runoff and erosion. Future projects would also require a Dewatering permit, NPDES permit, and Waste Discharge permit from the RWQCB and compliance with all stormwater sewer system (Municipal Separate Storm Sewer System [MS4]) requirements.

Furthermore, the General Plan FEIR identified various policies and actions in the General Plan which would reduce water pollution, enhance storm drainage, and reduce the potential for water quality impacts. Applicable policies include, but not are limited to, General Plan Policies SA 2-2, SA 2-3, UCS 1-1 through UCS 1-3, and UCS 4-1 through UCS 4-15. These policies involve coordination with agencies and landowners to plan, construct, and maintain stormwater management facilities,

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 110 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx demonstration of stormwater runoff detention, retention, and/or conveyance for project sites, requiring all future projects to analyze infrastructure and service impacts and mitigate as necessary, as well as incorporate BMPs and Low Impact Development (LID) measures. Therefore, the General Plan FEIR concluded that impacts would be less than significant with implementation of all applicable federal, State, and local policies and regulations.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR concluded that future individual development projects under the Metro Specific Plan would require compliance with the General Plan and, therefore, the Metro Specific Plan would not substantially change the overall impacts on hydrology and water quality. It was determined that the Metro Specific Plan would not substantially affect groundwater levels, interfere substantially with groundwater recharge, substantially alter the course of a stream or river, or be subject to inundation by seiche, tsunami, or mudflow. The Metro Specific Plan could create impacts related to hydrology and water quality because development projects in the Specific Plan area could result in erosion, entrainment of sediment in runoff, sedimentation, localized ponding, flooding, and potential release of chemicals during construction, could include increase discharge of pollutants in stormwater, and could result in impacts from construction within a flood zone.

However, with the implementation of policies in the General Plan described above, impacts related to hydrology and water quality would be reduced to less than significant. Furthermore, the Metro Specific Plan includes Policies ICS 1.1 through ICS 1.3 and ICS 2.1 through ICS 2.2, which set standards for stormwater drainage and development in flood hazard zones.

Therefore, the Metro Specific Plan SFEIR concluded that impacts related to hydrology and water quality would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development. It imagines similar land use patterns as well as a similar intensity and density of development to those imagined in the General Plan and Metro Specific Plan, and therefore, impacts related to polluted runoff are not anticipated beyond those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. Furthermore, future development and land use activities within the City’s jurisdiction would be subject to General Plan policies and Metro Specific Plan policies detailed above, as applicable, including provisions associated with the protection of water quality and runoff. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR.

No additional analysis is required.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 111 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site; ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iv. Impede or redirect flood flows?
Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan could alter the Planning Area’s storm drainage system, primarily in areas that are currently undeveloped or underutilized. Construction activities are regulated by the NPDES General Construction Stormwater Permit, which requires the preparation of a SWPPP to control the discharge of pollutants.

Additionally, the General Plan FEIR found that the City must implement post-construction stormwater management in new development and redevelopment projects. Furthermore, the Santa Clara Valley Urban Runoff Prevention Program (SCVURPP) implements pollution prevention, source control, and monitoring and outreach programs aimed at reducing pollutants in stormwater runoff and protecting water quality. The General Plan FEIR also identifies several policies and actions within the General Plan which seek to reduce impacts associated with stormwater and drainage, such as Policies SA 2-2, SA 2-3, UCS 1-1 through UCS 1-3, and UCS 4-1 through UCS 4-14. Future projects would also be required to obtain permits from USACE and the CDFW if any work is performed within a waterway, and future development projects must include project-specific floodplain and drainage studies, as necessary. Therefore, the General Plan FEIR concluded that impacts would be less than significant with implementation of General Plan policies and Actions, the Municipal Code, federal and State regulations, and regulations for the SCVURPP.

Summary of Metro Specific Plan SFEIR
Refer to summary provided in Impact X(a).

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development and would result in similar land uses, densities, and intensities to those contemplated in the General Plan and Metro Specific Plan.

Therefore, the proposed project would not result in any changes to existing drainage patterns, nor would it result in stream alteration that could result in erosion or siltation in the City beyond those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. Furthermore, future development and land use activities within the City’s jurisdiction would be subject to General Plan policies and Metro Specific Plan policies, as applicable, including provisions associated with the protection of water quality and runoff, such as General Plan Policies SA 2-3, UCS 1-2, UCS 4-2, UCS 4- 5, and UCS 4-14 and Metro Specific Plan Policies ICS 1.1 and ICS 1.2, detailed above.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 112 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required. d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Summary of General Plan FEIR
Flood
The General Plan FEIR determined that the Planning Area is subject to flooding along natural creeks, drainages, and lakes. Milpitas contains areas within the 1 percent annual chance flood hazard zone, the 0.2 percent annual chance flood hazard zone, and areas of undetermined flood hazard. Portions of the City may also be at risk of inundation from upstream dam failure. According to the General Plan FEIR, the City is a participant in the National Flood Insurance Program (NFIP), which provides property owners and renters with flood insurance, reduces flood damage through a mandatory local floodplain management ordinance, and identifies and maps flood hazards. The NFIP requires the City to maintain a floodplain management ordinance based upon current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs), which the City is consistent with through the implementation of Floodplain Management Regulations. Further, the General Plan FEIR determined that future projects would require an approved SWPPP designed to control stormwater quality degradation, and the City regulates stormwater discharge in accordance with the NPDES programs and WQMP stormwater requirements. Therefore, the General Plan FEIR concluded that impacts would be less than significant with implementation of the General Plan and compliance with applicable federal, State, and local regulations.

Tsunami and Seiches
The General Plan FEIR determined that there are no tsunami inundation areas or tsunami inundation lines within the Planning Area. However, there are multiple dam inundation areas that could impact the Planning Area. Therefore, the Santa Clara Valley Water District’s Dam Safety Program operates a comprehensive Dam Safety Program for the public. The Dam Safety Program includes periodic special engineering studies, a surveillance and monitoring program, routine inspections, maintenance activities, and emergency response and preparedness plans. This program ensures the continued operation of the 10 major dams within the County, ensuring that Milpitas is not at significant risk from dam failure. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
Refer to summary provided in Impact X(a).

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development. This precludes the potential for new impacts associated with 100-year flood hazards, levees, dam failure, tsunami, seiche, or mudflow. Future individual development projects would be evaluated for inundation risks pursuant to General Plan and Metro Specific Plan policies as detailed in General Plan Policies SA 2-3 through

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 113 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx SA 2-10, which describe flood control measures and requirements for new developments to reduce flooding risks; and Metro Specific Plan Policies ICS 2.1 and ICS 2.2, which describe standards and reduction measures for development that would occur in flood zones. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Hydrology and Water Quality, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 114 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XI. Land Use and Planning
Would the project:
a) Physically divide
an established
community?
Less than
significant
impact
No impact No No No None None
b) Cause a significant
environmental
impact due to a
conflict with any
land use plan,
policy, or
regulation
adopted for the
purpose of
avoiding or
mitigating an
environmental
effect?
Less than
significant
impact
Less than
significant
impact
No No No None None
Discussion
The proposed project would largely maintain existing land use patterns and designations within the city limits, Planning Area, and Metro Specific Plan Area and would occur within the same building envelopes that were analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. a. Physically divide an established community?
Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would not physically divide an established community. The land uses allowed under the General Plan provide opportunities for new growth at infill locations within existing urbanized areas of the City and would not create physical division within the community. The General Plan FEIR found that development projects would be designed to complement the character of the existing community and provide connectivity between the existing development and new development. Furthermore, according to the General Plan FEIR, the General Plan would not include any new areas designated for urbanization or new roadways, infrastructure, or features that would divide existing communities. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 115 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR concluded that the Metro Specific Plan would not divide an established community or conflict with adjacent uses or the established pattern of development.

The Metro Specific Plan would further create street connections, trail connections and pedestrian bridges across major thoroughfares, connecting the Metro Specific Plan Area’s residents and employees with jobs, services, parks, and transit. Additionally, the Metro Specific Plan SFEIR found that the Metro Specific Plan’s urban design and development standards would contribute to fewer incompatible uses in the Metro Specific Plan Area. Furthermore, the Metro Specific Plan would enhance community connectivity for existing residential uses and would continue implementing similar goals as the TASP regarding community connectivity.

Therefore, the Metro Specific Plan SFEIR concluded that the Metro Specific Plan would have no impacts related to the division of an established community.

Proposed Project Analysis and Conclusions
The proposed project would result in similar land use patterns to those evaluated in the General Plan and Metro Specific Plan. Furthermore, the proposed project would not alter existing roadways.

Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Summary of General Plan FEIR
The General Plan FEIR found that the General Plan was prepared in conformance with State laws and regulations, and therefore would not conflict with continued application of State land use plans, policies, and regulations. Additionally, the General Plan focuses on a balanced land use pattern that promotes the City as a desirable place to live and work. The General Plan enhances policies and measures from the previous General Plan that were intended for environmental protection, and the implementation of the General Plan would not remove or conflict with City plans, policies, or regulations adopted for environmental protection. Furthermore, future development projects would be required to be consistent with all applicable policies, standards, and regulations. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would support the goals and policies of the General Plan and Plan Bay Area 2050 with its focus on creating walkable, transitoriented areas with a mix of neighborhood-serving uses, creating new job opportunities near transit, providing affordable and market rate housing, and encouraging non-vehicular modes of transportation. Additionally, the Metro Specific Plan SFEIR found that all future projects would be required to adhere to the relevant policies of the Comprehensive Airport Land Use Plan for Santa Clara County for Norman Y. Mineta San Jose International Airport.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 116 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Therefore, the Metro Specific Plan SFEIR concluded that impacts related to conflicts with a land use plan, policy, or regulation would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project contains various updates to the Zoning Ordinance. These updates would result in a similar density and intensity of development as well as similar land use patterns to those imagined in the General Plan and Metro Specific Plan, as the purpose of these updates is to establish consistency between the General Plan and Zoning Code. As described in Section 2.3.1 Project Summary, the proposed project also creates eight new zoning districts with development standards designed to correspond with various General Plan land use designations. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Land Use and Planning, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 117 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion
in Metro
Specific
Plan SFEIR
Do the
Proposed
Changes
Involve New or
More Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XII. Mineral Resources
Would the project:
a) Result in the loss of
availability of a
known mineral
resource that would
be of value to the
region and the
residents of the
State?
Less than
significant
impact
No impact No No No None None
b) Result in the loss of
availability of a
locally important
mineral resource
recovery site
delineated on a
local general plan,
specific plan or
other land use plan?
Less than
significant
impact
No impact No No No None None
Discussion
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would not result in the loss of availability of a known mineral resource. The Planning Area contains four areas identified by the State Geologist as containing Regionally Significant Construction Aggregate Resources, located outside city limits. These areas are part of the South San Francisco Bay Production-Consumption Region, contain sandstone deposits, and are currently being quarried. Additionally, the General Plan FEIR determined that the Planning Area does not contain sites designated as a locally important mineral resource recovery site by the General Plan. The Santa Clara County General Plan identifies important mineral resources within the County, including the hillside areas within the City’s SOI.

However, the General Plan FEIR determined that the implementation of the General Plan would not result in the loss of a locally important mineral resource recovery site, and impacts would be less than significant. Therefore, the General Plan FEIR identified that there would be no loss of known or

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 118 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx locally important mineral resources as a result of the implementation of the General Plan, and impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR concluded that there would be no impacts to mineral resources because there are no mineral resources in the Metro Specific Plan Area.

Proposed Project Analysis and Conclusions
The proposed project does not propose any changes within the Planning Area that could potentially result in development in areas not previously contemplated by the General Plan FEIR or the Metro Specific Plan SFEIR. This precludes the potential for new impacts associated with mineral resources.

Therefore, implementation of the proposed project would not introduce environmental impacts or create more severe environmental impacts than those analyzed in the General Plan FEIR or the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Mineral Resources, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 119 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Conclusion in
Metro Specific
Plan SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XIII. Noise
Would the project:
a) Generation of a
substantial
temporary or
permanent
increase in
ambient noise
levels in the
vicinity of the
project in excess
of standards
established in the
local general plan
or noise
ordinance, or
applicable
standards of
other agencies?
Significant
and
unavoidable
impact
(traffic
noise)
Less than
significant
impact
(railroad
noise)
Less than
significant
impact
(stationary
noise
sources)
Less than
significant
impact
(constructio
n noise
sources)
Less than
significant
impact (traffic
noise)
Less than
significant
impact
(mixed-use
and transitoriented
development)
Less than
significant
impact
(stationary
noise sources)
Significant
and
unavoidable
(construction
noise sources)
Less than
significant
impact (sire
noise at
future police
station)
No No No None MM NOI1
b) Generation of
excessive
groundborne
vibration or
groundborne
noise levels?
Less than
significant
impact
Significant
and
unavoidable
impact
(construction)
Less than
significant
impact
(operation)
No No No None MM NOI2 and
MM NOI3

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 120 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Conclusion in
Metro Specific
Plan SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
c) For a project
located within the
vicinity of a
private airstrip or
an airport land
use plan or,
where such a plan
has not been
adopted, within
two miles of a
public airport or
public use airport,
would the project
expose people
residing or
working in the
project area to
excessive noise
levels?
No impact No impact No No No None None
Discussion
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Summary of General Plan FEIR
Traffic Noise
The General Plan FEIR indicated that the General Plan may contribute to an exceedance of the City’s transportation noise standards and/or result in significant increases in traffic noise levels at existing sensitive receptors. While the General Plan included several policies and actions to reduce noise and land use compatibility impacts from traffic noise sources, the General Plan FEIR concluded that traffic noise would still exceed applicable noise exposure criteria even with implementation of General Plan requirements. I Impacts related to traffic noise on existing noise-sensitive uses in the City were therefore determined to be significant and unavoidable.

Railroad Noise Sources
The General Plan FEIR indicated that although future development located along railroad lines could expose residents to unacceptable exterior noise levels, implementation of General Plan policies and actions related to noise mitigation would ensure that development allowed under the General Plan

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 121 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx would not expose residents to noise levels associated with railroad operations in excess of the City’s established standards. Therefore, the General Plan FEIR concluded that implementation of applicable General Plan policies and actions would ensure that development allowed under the General Plan would not be exposed to noise levels associated with railroad operations in excess of the City’s established standards, and impacts would be less than significant.

Stationary Noise Sources
The General Plan FEIR indicated that future development could result in land uses that generate noise levels in excess of applicable City noise standards for non-transportation noise sources.

However, implementation of General Plan policies and actions would ensure that development allowed under the General Plan would reduce noise impacts from stationary noise sources, and impacts would be less than significant.

Construction Noise Sources
The General Plan FEIR indicated that future development could result in an increase of construction noise sources that could result in periods of significant ambient noise level increases and the potential for annoyance. The General Plan FEIR noted that due to the temporary nature of construction noise, noise increase from construction activities would not lead to ongoing or longterm exceedances of the City’s noise standards. In addition, the ambient noise standards established by the General Plan do not apply to temporary noise sources such as construction activity. The General Plan FEIR concluded that implementation of General Plan policies and actions would reduce noise impacts from construction noise to a less than significant level.

Summary of Metro Specific Plan SFEIR
Construction
The Metro Specific Plan SFEIR indicated that construction of future development associated with the Metro Specific Plan would generate noise and temporarily increase noise levels at nearby land uses.

Most construction activities would be limited to the daytime allowable hours for construction defined in the Municipal Code, but some construction noise could occur during nighttime hours and/or could result in a substantial temporary increase in ambient noise levels. Construction noise would be reduced through compliance with General Plan Policies and actions. However, construction noise from development consistent with the Metro Specific Plan could occur during nighttime hours and/or could result in substantial temporary increase in ambient noise levels in the City during daytime or nighttime hours. It is not possible to ensure that in all instances and for all future projects that mitigation measures would be able to reduce construction noise to less than significant levels; therefore, the Metro Specific Plan SFEIR conservatively concluded that construction noise impacts from implementation of the Metro Specific be would be significant and unavoidable.

Operation
Traffic Noise
The Metro Specific Plan SFEIR indicated that implementation of the Metro Specific Plan would result in changes to the land use classifications (i.e., increased allowable densities and intensities, new land use classifications, and change in location of land use classifications) within the Metro Specific Plan Area and could therefore result in increases in traffic in certain portions of the Metro Specific Plan

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 122 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Area or in the redistribution of traffic along new or different segments. The Metro Specific Plan SFEIR concluded that traffic noise increases would be below General Plan significance thresholds, and impacts related to traffic noise would be less than significant.

Noise Impacts Related to Mixed-Use and Transit-Oriented Development The Metro Specific Plan SFEIR indicated that the Metro Specific Plan would not directly result in the relocation of rail or Bay Area Rapid Transit (BART) tracks or result in increases in rail or BART activity, and that impacts associated with noise from rail and BART activity would be less than significant.

Operational Mechanical Equipment Noise
The Metro Specific Plan SFEIR indicated that development within the Metro Specific Plan Area would be expected to include the installation and operation of stationary sources of noise, such as heating, ventilation, and air conditioning (HVAC) equipment, and emergency generators, which could expose adjacent land uses and sensitive receptors to excessive noise. The Metro Specific Plan SFEIR presented typical noise generation from HVAC equipment and emergency generators and discussed potential reductions. However, the Metro Specific Plan SFEIR noted that because operational mechanical equipment for specific future projects would vary, it determined that the potential reductions could not be quantified and therefore impacts would potentially be significant. The Metro Specific Plan SFEIR concluded that compliance with applicable General Plan policies and actions would help reduce the effects of mechanical equipment noise on nearby sensitive uses, and that implementation of MM NOI-1 would further reduce potential impacts by requiring applicants of future projects under the Metro Specific Plan to conduct a noise analysis to estimate noise levels of project-specific mechanical equipment and implement mitigation measures to ensure noise levels are below allowable limits. The Metro Specific Plan SFEIR concluded that compliance with applicable General Plan policies and actions and implementation of MM NOI-1 would reduce operational impacts associated with operational mechanical equipment to less than significant.

Siren Noise at Future Police Station
The Metro Specific Plan SFEIR indicated that development of the police station could introduce operational noise in the form of siren noise. However, because siren use would be temporary and would occur to protect public health and safety, it would result in a less than significant noise impact.

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development in areas not previously contemplated by the General Plan and Metro Specific Plan. As described in Section 2, Project Description, buildout of the proposed project would result in a similar intensity of development as that anticipated in the General Plan and Metro Specific Plan. Therefore, the proposed project does not anticipate any additional construction noise impacts beyond those analyzed in the General Plan FEIR and Metro Specific Plan SFEIR. Furthermore, future development and land use activities resulting from the proposed project would be subject to General Plan goals, policies and actions that would reduce noise and land use compatibility impacts from traffic noise sources, stationary sources, railroad-related sources, and construction sources. Future development located within the Metro Specific Plan Area would also be required to adhere to Metro Specific Plan policies, including the

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 123 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx implementation of MM NOI-1, which mandates that all development projects within the Metro Specific Plan Area conduct a noise analysis to estimate noise levels of project-specific mechanical equipment and implement mitigation measures to ensure noise levels are below allowable limits.

As such, implementation of MM NOI-1 and the Metro Specific Plan goals and policies would reduce the proposed project’s noise impacts to a less than significant level within the Metro Specific Plan.

For portions of the proposed project outside of the Metro Specific Plan, the goals, policies, and actions from the General Plan would help reduce potential future noise impacts resultant from the proposed project. Similar to the conclusions of the General Plan FEIR, potential impacts related to traffic noise would continue to be significant and unavoidable for the proposed project. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required. b. Generation of excessive groundborne vibration or groundborne noise levels? Summary of General Plan FEIR
Construction
The General Plan FEIR indicated that construction associated with development under the General Plan could create perceptible vibration levels and potential damage to existing structures, resulting in a potentially significant impact. However, the General Plan FEIR concluded that, given the temporary nature of construction, and with compliance with applicable General Plan policies and actions, impacts from construction vibration would be less than significant.

Operation
The General Plan FEIR indicated that development could expose persons to excessive groundborne vibration levels caused by trains; given the programmatic nature of the General Plan, the locations of buildings and their sensitivity to vibration were not known at the time General Plan FEIR was certified. The General Plan FEIR concluded that compliance with applicable General Plan policies and actions would require that individual development projects undergo project-specific environmental review and address potential vibration impacts associated with railroad operations. Therefore, the General Plan FEIR determined that impacts related to groundborne vibration during operation would be less than significant.

Summary of Metro Specific Plan SFEIR
Construction
The Metro Specific Plan SFEIR concluded that some construction activities could result in vibration levels in excess of significance thresholds that could result in damage to structures and vibrationrelated annoyance, resulting in a potentially significant impact. Development consistent with the Metro Specific Plan would be required to comply with applicable General Plan policies and actions.

Future development requiring pile driving within 100 feet of an existing structure or utilizing other ground-disturbing equipment within 25 feet of existing structures would also be required to implement MM NOI-2, which requires that construction contractors implement all feasible means to

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 124 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx avoid damage to adjacent and nearby buildings from construction-generated vibration. MM NOI-3 requires implementation of a nighttime construction vibration control plan to reduce vibrationrelated annoyance impacts.

The Metro Specific Plan SFEIR concluded that even with compliance with General Plan policies and MM NOI-2 and MM NOI-3, because it is not possible to ensure that mitigation measures would reduce construction vibration to less than significant levels, construction groundborne vibration impacts would remain significant and unavoidable.

Operation
The Metro Specific Plan SFEIR indicated that while sensitive receptors could be exposed to groundborne vibration from Amtrak trains, freight trains, and BART, the Metro Specific Plan would not result in relocation or the increased use of these facilities beyond what would otherwise exist without the implementation of the Metro Specific Plan. Therefore, it concluded that rail or BARTrelated operational vibration impacts would not be directly affiliated with the Metro Specific Plan, and impacts would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development in areas not previously contemplated by the General Plan and Metro Specific Plan. As described in Section 2, Project Description, buildout of the proposed project would result in a similar intensity of development as that anticipated in the General Plan and Metro Specific Plan. Therefore, the proposed project does not anticipate any additional construction vibration impacts beyond those analyzed in the General Plan FEIR and Metro Specific Plan SFEIR.

In compliance with General Plan policies and actions, buildout of the proposed project would be required to undergo project-specific environmental review and address potential vibration impacts associated with railroad operations. Furthermore, buildout of the proposed project within the Metro Specific Plan Area would be required to comply with applicable Metro Specific Plan policies and actions. Development resulting from the proposed project within the Metro Specific Plan would also be required to comply with Metro Specific Plan SFEIR MM NOI-2 and MM NOI-3, which provide mitigation to protect potentially susceptible structures from construction-generated vibration and also require individual development projects to implement a nighttime construction vibration control plan to reduce vibration-related annoyance impacts. With implementation of the goals, policies, and actions provided by the General Plan, buildout of the proposed project outside of the Metro Specific Plan Area would be less than significant.

Within the Metro Specific Plan Area, Metro Specific Plan policies and actions, and MM NOI-2 and MM NOI-3 would help reduce vibration impacts associated with the proposed project. However, similar to the conclusions of the Metro Specific Plan SFEIR, vibration impacts resulting from construction of development under the proposed project would not differ significantly from those analyzed under the Metro Specific Plan SFEIR, and as such, impacts would remain significant and unavoidable.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 125 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required. c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Summary of General Plan FEIR
Impacts related to airports are discussed in Section 3.8, Hazards and Hazardous Materials, of the General Plan FEIR. The General Plan FEIR concluded that Milpitas is not located within an airport land use plan or within two miles of a public airport. Therefore, implementation of the General Plan would result in less than significant impacts related to aircraft noise.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR indicated that there are no private or public airport facilities located in the City, and concluded there would be no impact related to exposing people residing or working in the Metro Specific Plan Area to excessive aircraft noise levels.

Proposed Project Analysis and Conclusions
The area associated with the proposed project the same as the General Plan Planning Area and the Metro Specific Plan Area. As such, the proposed project is not located within an airport land use plan or within two miles of a public airport, and the proposed project would not expose people residing or working in the Planning Area or the Metro Specific Plan Area to excessive aircraft noise.

Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
MM NOI-1 Mechanical Equipment Noise Reduction Plan
To reduce potential noise impacts resulting from mechanical equipment (including but not limited to HVAC equipment and emergency generators), the applicants of future projects under the Metro Plan shall conduct a noise analysis to estimate noise levels of project-specific mechanical equipment. The noise analysis shall be based on the selected equipment models and design features. The applicant for the project shall create a Noise Reduction Plan to ensure noise levels of equipment, once installed, are below the applicable criteria described below.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 126 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx The Noise Reduction Plan shall include any necessary noise reduction measures required to reduce project-specific mechanical equipment noise to a less than significant level. The plan shall also demonstrate that with the inclusion of selected measures, noise from equipment would be below the significance thresholds.

Feasible noise reduction measures to reduce noise below the significance thresholds include, but are not limited to, selecting quieter equipment, utilizing silencers and acoustical equipment at vent openings, siting equipment farther from the roofline, and/or enclosing all equipment in a mechanical equipment room designed to reduce noise. Regarding emergency generators, additional noise reduction options include, but are not limited to, installing quieter model generators, incorporating noisereducing emergency generator weather enclosures, and installing exhaust mufflers or silences. The results of the noise analysis and the final Noise Reduction Plan shall be provided to the City prior to the issuance of building permits.

The noise analysis and Noise Reduction Plan shall be prepared by persons qualified in acoustical analysis and/or engineering. The Noise Reduction Plan shall demonstrate with reasonable certainty that noise from mechanical equipment selected for the project, including the attenuation features incorporated into the project design, will not exceed the City of Milpitas property plane thresholds of 55 dBA during daytime hours or 45 dBA during nighttime hours for nearby residential land uses.

The applicants of future projects under the Metro Plan shall incorporate all feasible methods to reduce noise and any other feasible recommendations from the acoustical analysis and Noise Reduction Plan into the building design and operations, as necessary, to ensure that noise sources meet applicable requirements of the respective noise ordinances at receiving properties.

MM NOI-2 Protect Potentially Susceptible Structures from Construction-Generated Vibration If a future development project in the Metro Plan requires any of the following construction activities, then this measure would apply:
• Pile driving within approximately 100 feet of an existing structure. • Construction with other ground-disturbing equipment (e.g., jackhammers, bulldozers, excavators, etc.) within 25 feet of an existing structure.

The construction contractor shall consult with the City to determine whether adjacent or nearby structures could be adversely affected by construction-generated vibration. If buildings adjacent to construction activity are identified that could be adversely affected, the project applicant will incorporate into construction specifications for their project a requirement that the construction contractor(s) use all feasible means to avoid damage to adjacent and nearby buildings. Such methods to help reduce vibration-related damage effects may include maintaining a safe distance between the construction site and the potentially affected building (e.g., at

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 127 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx least 100 feet for “historic and some old buildings”) or using “quiet” pile driving technologies (such as predrilling piles or using sonic pile drivers).

Should pile driving be required within 100 feet of a building in the “historic or some old building” category, within 75 feet of buildings in the “older residential structures” category, and within 55 feet of buildings in the “modern industrial/commercial” category, the City will work with the construction contractor to implement a monitoring program to minimize damage to adjacent buildings and ensure that any such damage is documented and repaired. If required, the monitoring program will include the following components:
• Prior to the start of any ground-disturbing activity, the project applicant will engage a historic architect or qualified historic preservation professional to undertake a pre-construction survey of nearby affected buildings that may be considered historic. For buildings that are not potentially historic, a structural engineer or other professional with similar qualifications will document and photograph the existing conditions of potentially affected buildings within 100 feet of pile driving activity.
• Based on the construction and condition of the resource(s), the consultant will also establish a standard maximum vibration level that will not be exceeded at any building, based on existing conditions, character-defining features, soil conditions, and anticipated construction practices. Common standards are a peak particle velocity of 0.25 inch per second for “historic and some old buildings,” a peak particle velocity of 0.3 inch per second for “older residential structures,” and a peak particle velocity of 0.5 inch per second for “new residential structures” and “modern industrial/commercial buildings,” as shown in Table 3.4-2. • To ensure that vibration levels do not exceed the established standard, the project applicant will monitor vibration levels at each structure and prohibit vibratory construction activities that generate vibration levels in excess of the standard. • Should vibration levels be observed in excess of the selected standard, construction will be halted, and alternative construction techniques put in practice, to the extent feasible (e.g., predrilled piles could be substituted for driven piles, if feasible, based on soil conditions, or smaller, lighter equipment could be used in some cases).
• The historic preservation professional (for effects on historic buildings) and/or structural engineer (for effects on non-historic structures) will conduct regular periodic inspections (every 3 months) of each building during ground-disturbing activity on the project site. Should damage to any building occur, the building(s) will be remediated to their pre-construction condition at the conclusion of ground-disturbing activity on the site.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 128 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx MM NOI-3 Implement Nighttime Construction Vibration Control Plan to Reduce VibrationRelated Annoyance Impacts on Adjacent Land Uses Should vibration-generating construction activities for future development under the Metro Plan be proposed outside of the daytime hours of 7:00 a.m. to 7:00 p.m., and should non-pile driving equipment be proposed within 25 feet of occupied residences or buildings where people sleep, the construction contractor for a project in the Metro Plan Area shall develop a nighttime construction vibration control plan.

In addition, should nighttime pile driving activities be proposed within 100 feet of such buildings, the construction contractor for a project in the Metro Plan Area shall similarly develop a nighttime construction vibration control plan. The construction vibration control plan shall demonstrate that vibration levels at the residential land uses during nighttime hours will not exceed 0.1 PPV in/sec.

In addition, the construction contractor will appoint a project vibration coordinator who will serve as the point of contact for vibration-related complaints during project construction. The contact information for the project vibration coordinator shall be posted at the project site and on a publicly available project website for future development projects under the Metro Plan. Should residents in the project area submit complaints to the project vibration coordinator for nighttime construction vibration concerns, the project vibration coordinator shall work with the construction team to adjust activities to reduce vibration or to reschedule activities for a less sensitive time.

Mitigation Measures for the Proposed Project
Implement MM NOI-1, MM NOI-2, and MM NOI-3.

Conclusion
With regard to Noise, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No new mitigation measures or alternatives previously found not to be feasible, would in fact be feasible and would reduce one or more significant effects of the project. No new mitigation measures or alternatives which are considerably different from those analyzed in the previously certified EIRs would substantially reduce significant impacts.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 129 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XIV. Population and Housing
Would the project:
a) Induce substantial
unplanned
population growth
in an area, either
directly (for
example, by
proposing new
homes and
businesses) or
indirectly (for
example, through
extension of roads
or other
infrastructure)?
Less than
significant
impact
Less than
significant
impact
No No No None None
b) Displace
substantial
numbers of
existing people or
housing,
necessitating the
construction of
replacement
housing
elsewhere?
Less than
significant
impact
No impact No No No None None
Discussion
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would not induce substantial unplanned growth in the City, either directly or indirectly. The General Plan accommodates future growth in the City, including new businesses, expansion of existing business, and new residential uses. The General Plan FEIR also identified that as future development occurs, new roads, infrastructure, and services would be required to serve the development, and that this infrastructure would accommodate the planned growth. There are few areas within the City designated for urban land uses that are not already developed as described in the General Plan FEIR,

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 130 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx and new growth is focused on infill sites throughout the City with higher density uses focused around major transportation corridors. Therefore, with implementation of the General Plan policies and actions intended to guide growth to appropriate areas and provide services necessary to accommodate growth, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would seek to increase housing and jobs production in the City and would increase the population within the City. However, the population growth would be considered planned because the Metro Specific Plan calls for the development of multiuse neighborhoods around transit nodes. Additionally, the Metro Specific Plan includes area-wide infrastructure improvements to accommodate residential and mixed-use development; therefore, the Metro Specific Plan SFEIR found that the plan would support the movement of individuals that would live and work in the Metro Specific Plan Area. The Metro Specific Plan would also support the population and housing goals from the 2040 General Plan, including Goals A, B, C, D, and E from the Housing Element, which aim to provide adequate sites to accommodate the City’s share of the regional housing need. Therefore, because the population and employment growth would be consistent with the City’s growth plans and the growth envisioned for the Bay Area, the Metro Specific Plan SFEIR concluded that impacts would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project would update the Zoning Ordinance and Zoning Map, as well as make minor technical amendments to the General Plan and General Plan Land Use Map to ensure vertical consistency among the City’s planning documents. As described in Section 2.3.1 Project Summary, the potential maximum density and intensity of development would remain the same for every parcel with proposed changes. Therefore, the proposed project does not anticipate any changes to direct and indirect population growth impacts in the City beyond those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Summary of General Plan FEIR
The General Plan FEIR determined that implementation of the General Plan would not displace substantial numbers of existing people or housing. The General Plan FEIR found that the majority of developed land in the Planning Area consists of residential uses, which would not undergo significant land use changes under the General Plan. Furthermore, the General Plan focuses on infill development in vacant and underutilized areas of the City, and the General Plan would generally increase the overall number of dwelling units within the City. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 131 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would not displace substantial number of existing people or housing. The Metro Specific Plan aims to provide more housing in the Metro Specific Plan Area by providing affordable and market rate housing through changes in land use classification. Additionally, future development projects would comply with existing federal, State, and local regulations that would avoid the displacement of people and housing through requirements for replacement housing, preservation of and increases in affordable housing, rental increase limits, and landlord-tenant dispute resolution. Furthermore, the Metro Specific Plan SFEIR determined that the Metro Specific Plan’s area is currently used for primarily industrial, manufacturing, and research and development (R&D) uses. Therefore, no residences would be displaced in the eastern expansion area of the Metro Specific Plan. Further, future development projects would be required to undergo environmental review pursuant to CEQA to reduce impacts related to displacing people or housing. Therefore, the Metro Specific Plan SFEIR concluded that impacts would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project would update the City’s current Zoning Ordinance, zoning districts, and Zoning Map to ensure conformity with current General Plan and Metro Specific Plan land use designations.

The proposed project does not propose any physical development and would not lower the number of housing units allowed within the City. The land use patterns that would result from the proposed project would be similar to those envisioned and evaluated in the General Plan and Metro Specific Plan. As such, there are no areas designated for residential development that would be rezoned for nonresidential uses. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan FEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Population and Housing, the analysis demonstrates that:

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 132 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 133 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XV. Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection? Less than
significant
impact
— No No No None NA
b) Police
protection?
Less than
significant
impact
— No No No None NA
c) Schools? Less than
significant
impact
Less than
significant
impact
No No No None None
d) Parks? Less than
significant
impact
Less than
significant
impact
No No No None None
e) Other public
facilities?
Less than
significant
impact
— No No No None NA
Discussion
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks?
e. Other public facilities?

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 134 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would result in additional residents and businesses in the City, which would result in increased demand for public services, including fire protection, police protection, schools, parks, and other public facilities, such as libraries. However, the General Plan SFEIR identified various policies and actions within the General Plan which would ensure that public services are provided at acceptable levels and that the City would maintain and implement public facility master plans to ensure compliance with applicable federal, State, and regional laws related to public services. While new public facilities would likely be required to serve growth contemplated by the General Plan, future development projects would be required to comply with regulations, policies, and standards in the General Plan and would be subject to CEQA review as appropriate. Therefore, the General Plan FEIR concluded that impacts related to fire protection would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the implementation of the Metro Specific Plan would increase the demand for public services, including fire protection, police protection, schools, and parks, due to the expansion of the Metro Specific Plan Area and the additional population growth expected. The Metro Specific Plan SFEIR concluded that the Metro Specific Plan includes policies meant to minimize physical impacts on the environment due to the need for new or altered public facilities.

Fire Protection
Metro Specific Plan Policies ICS 8.1, ICS 8.2, ICS 8.4, and ICS 8.5 require the City to prepare a “standards of cover” analysis to determine impacts on the Fire Department, hire additional staff and purchase equipment, site and develop future fire stations to reduce environmental impacts, and minimize noise and traffic impacts resulting from future fire stations. New development would also be required to pay an annual special tax to cover the cost of public service provision, as applicable.

However, the Metro Specific Plan SFEIR determined that a CEQA conclusion could not be made because site-specific information on future fire stations that could be required was not known.

Therefore, additional CEQA review would be required as additional fire protection services are required.

Police Protection
The Metro Specific Plan includes the addition of Policy ICS 9.2, which requires an additional police substation to be built within the Metro Specific Plan Area. As such, the Metro Specific Plan SFEIR determined that it is not possible to identify the specific nature, extent, and significance of physical impacts on the environment resulting from the construction and operation of a future police facility, because site-specific information was not available.

Therefore, the Metro Specific Plan SFEIR determined that a CEQA conclusion could not be made because site-specific information on a future police station was not known. As such, additional CEQA review would be required as additional police protection services are required.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 135 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Schools
Future development associated with the Metro Specific Plan would be required to pay school impact fees to support additional school facilities and services as applicable, and therefore, the Metro Specific Plan SFEIR concluded that impacts on school services would be less than significant.

Parks
The Metro Specific Plan identifies new parks that would be constructed in the Metro Specific Plan Area and includes policies to provide recreational facilities in the form of a trail system and open space in new developments. The Metro Specific Plan requires phased projects to prioritize the development of public amenities to serve new populations, require residential and mixed-use projects to develop and maintain private public spaces, use a hybrid model of an “acres ratio” and the Recreational Value System to assess public space facilities and identify opportunities for growth, and ensure that each district will include open space with amenities suitable to serve the area.

Overall, the Metro Specific Plan SFEIR concluded that impacts related to the construction of additional recreational facilities would be less than significant.

Other Public Facilities
The Metro Specific Plan SFEIR did not discuss or analyze impacts to other public facilities. Therefore, no CEQA determination was made in the Metro Specific Plan SFEIR.

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development, land use, or policy changes within the Planning Area or Metro Specific Plan Area that could result in direct or indirect population growth not previously contemplated by the General Plan FEIR and the Metro Specific Plan SFEIR.

Additionally, the proposed project would largely maintain existing land use patterns as were envisioned and evaluated in the General Plan and the Metro Specific Plan Area and, as such, would result in similar intensity and density of development. This precludes the potential for new impacts associated with new or expanded public services beyond those already evaluated and disclosed in the General Plan FEIR and the Metro Specific Plan SFEIR. Furthermore, future development projects would be required to comply with applicable federal, State, regional, and local laws and regulations related to public services, including the policies and actions of the General Plan and the Metro Specific Plan.

Fire Protection
Applicable policies related to fire protection include, but are not limited to, General Plan Policies SA 3-1 through SA 3-9, which involve siting, development, staffing, and equipment requirements for critical facilities within the City. Policies SA 4-1, SA 4-8, SA 4-9, and SA 4-10 related to the provision of adequate funding for police and fire facilities and personnel, fire protection in hillside areas, response time for fire and emergency medical services, and adequate water supplies, would also be applicable to future development. Furthermore, Action SA 4b requires applications for future development to be reviewed by the Fire Department to evaluate impacts and facilitate adequate fire services. Future development within the Metro Specific Plan Area would also be required to comply with various policies including, but not limited to Metro Specific Plan Policy ICS 8.1 through ICS 8.6,

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 136 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx which establish standards for new fire facilities, staffing, and funding, including siting standards and updated emergency and disaster response plans. Furthermore, Policy M 1.2 ensures that all streets shall meet Fire Department design requirements for access and firefighting operations.

Police Protection
Applicable policies from the General Plan and Metro Specific Plan related to police protection include, but are not limited to, General Plan Policies SA 3-1 through SA 3-9, which involve siting, development, staffing, and equipment requirements for critical facilities within the City. Policies SA 4-1 through SA 4-7, related to adequate funding for police facilities and personnel, community-based crime prevention, enhancing safety through physical site planning, and coordination with Valley Transportation Authority (VTA) security and BART Police, would also be applicable to future development. Furthermore, Actions SA 4a and SA 4d require future development to consult with the Police Department to ensure adequate police services and crime prevention measures and encourage using technology as a means of crime reduction. Future development within the Metro Specific Plan Area would also be required to comply with various policies including, but not limited to, Metro Specific Plan Policy ICS 9.1, which requires the City to hire additional police staff and purchase equipment to provide an adequate level of service.

Schools
Applicable policies from the General Plan and Metro Specific Plan include, but are not limited to General Plan Policy UCS 1-5, Action UCS-8a, and Action UCS-8c, which require the payment of applicable school impact fees for future development and require the City to develop criteria for the siting of schools. Future development within the Metro Specific Plan Area would also be required to comply with various policies including, but not limited to, Metro Specific Plan Policies ICS 10.2 and ICS 10.2 through ICS 8.6, which require coordination with school districts on facilities needed to accommodate new students and ensure that all school impact fees are paid by future projects.

Parks
Applicable policies related to parks include, but are not limited to, General Plan Policies PROS 1-1 through 1-16, which establish standards for parkland acreage within the Planning Area, require dedication of parkland within future development or payment of in lieu fees, and provide various requirements for expansion, design, and maintenance of park facilities. Future development within the Metro Specific Plan Area would also be required to comply with various policies including, but not limited to, Metro Specific Plan Policies PPS 3.1, COS 1, PPS 5.5, PPS 1.2, PPS 1.3, and M 5.1 through M 5.3, which establish standards for parks, recreational facilities, and trails within the Metro Specific Plan Area.

Other Public Facilities
Applicable policies related to other public facilities include, but are not limited to, General Plan Policies UCS 1-5, UCS 8-7, and UCS 8-8, which involve paying impact fees, supporting the provision of civic, library, and community facilities, and supporting the Santa Clara County Library District.

Conclusion

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 137 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Public Services, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 138 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XVI.Recreation
Would the project:
a) Would the project
increase the use
of existing
neighborhood and
regional parks or
other recreational
facilities such that
substantial
physical
deterioration of
the facility would
occur or be
accelerated?
Less than
significant
impact
Less than
significant
impact
No No No None None
b) Does the project
include
recreational
facilities or require
the construction
or expansion of
recreational
facilities, which
might have an
adverse physical
effect on the
environment?
Less than
significant
impact
Less than
significant
impact
No No No None None
Discussion
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would increase the demand for parks and recreation facilities due to an increase in population, employment, and tourism in the City. The additional demand on existing parks and recreational facilities would

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 139 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx increase the need for maintenance and improvements. The General Plan FEIR found that the provision of new parks and recreation facilities would reduce the potential for adverse impacts and physical deterioration of existing parks and facilities. New facilities would be provided at a pace and in locations appropriate to serve new development in order to maintain the City-adopted standard for park space of 5 acres per 1,000 residents. New neighborhood and community parks and trails would generally be accommodated in the POS and Public Facilities land use designations to accommodate new parks and trails, in accordance with General Plan Policy PROS-1.4. The General Plan FEIR concluded that future projects would be analyzed for conformance with the General Plan, Municipal Code, and other applicable regulations, including evaluation pursuant to CEQA.

Additionally, the General Plan includes policies and actions to ensure that parks and recreation facilities are adequately maintained and improved to serve both existing and planned growth.

Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that impacts related to recreational facilities would be less than significant. The Metro Specific Plan SFEIR determined that the Metro Specific Plan’s implementation would increase the demand for recreational facilities due to the expansion of the Metro Specific Plan Area and the additional population growth expected. The Metro Specific Plan identifies new parks that would be constructed in the Metro Specific Plan Area and includes policies to provide recreational facilities in the form of a trail system and open space in new developments.

The Metro Specific Plan requires phased projects to prioritize the development of public amenities to serve new populations, require residential and mixed-use projects to develop and maintain private public spaces, use a hybrid model of an “acres ratio” and the Recreational Value System to assess public space facilities and identify opportunities for growth, and ensure that each district will include open space with amenities suitable to serve the area. Overall, the Metro Specific Plan SFEIR concluded that impacts related to recreational facilities would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project does not propose any physical development, land use, or policy changes within the Planning Area or Metro Specific Plan Area that could result in direct or indirect population growth not previously contemplated by the General Plan FEIR and the Metro Specific Plan SFEIR.

Additionally, the proposed project would largely maintain existing land use patterns as imagined in the General Plan Planning Area and the Metro Specific Plan Area. This precludes the potential for new impacts associated with new or expanded parks and recreational facilities beyond those already evaluated and disclosed in the General Plan FEIR and the Metro Specific Plan SFEIR. Furthermore, future development projects would be required to comply with applicable federal, State, regional, and local laws and regulations related to parks and recreational facilities, including the policies and actions of the General Plan and the Metro Specific Plan.

Applicable policies include, but are not limited to, General Plan Policies PROS 1-1 through 1-16, which establish standards for parkland acreage within the Planning Area, require dedication of parkland within future development or payment of in lieu fees, and provide various requirements for expansion, design, and maintenance of park facilities. Future development within the Metro Specific Plan Area would also be required to comply with various policies including, but not limited to, Metro

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 140 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Specific Plan Policies PPS 3.1, COS 1, PPS 5.5, PPS 1.2, PPS 1.3, and M 5.1 through M 5.3, which establish standards for park, recreational facilities, and trails within the Metro Specific Plan Area.

Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Recreation, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 141 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion in
General Plan
FEIR
Conclusion
in Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XVII. Transportation
Would the project:
a) Conflict with a
program plan,
ordinance or
policy of the
circulation system,
including transit,
roadway, bicycle
and pedestrian
facilities?
Less than
significant
impact
Less than
significant
impact
No No No None None
b) Would the project
conflict or be
inconsistent with
CEQA Guidelines
Section 15064.3,
subdivision (b)?
Significant
and
unavoidable
impact
Less than
significant
impact
No No No None
available
None
c) Substantially
increase hazards
due to a
geometric design
feature (e.g.,
sharp curves or
dangerous
intersections) or
incompatible uses
(e.g., farm
equipment)?
Less than
significant
impact
Less than
significant
impact
No No No None None
d) Result in
inadequate
emergency
access?
Less than
significant
impact
Less than
significant
impact
No No No None None
Discussion
a. Conflict with a program plan, ordinance or policy of the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Summary of General Plan FEIR
The General Plan FEIR determined that the policies included in the General Plan would support and further the implementation of a variety of City transportation plans, including the Bikeway Master

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 142 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Plan and the Trails Master Plan. The General Plan FEIR also identified that the context of the City’s transportation network would be considered through policies that support interjurisdictional coordination and linking the development of transportation facilities to the surrounding land uses.

Furthermore, the VTA has provided Level of Service (LOS) thresholds for intersections and roadways since the 1990s, including for intersections and roadways within the Planning Area, but LOS is no longer considered an environmental impact under CEQA. As such, the General Plan’s policies focus on the development of a multimodal transportation network and the enhancement of facilities to improve walking, bicycling, and transit use. Therefore, the General Plan FEIR concluded that impacts related to conflict with a program, plan, ordinance, or policy associated with the circulation system would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would result in less than significant impacts related to conflict with programs, plans, ordinances, or policies addressing the circulation system of the Metro Specific Plan Area. The Metro Specific Plan SFEIR determined that the Metro Specific Plan would result in increased demand for pedestrian, bicycle, and transit trips in the Metro Specific Plan Area, but the addition of multi-family housing, retail development, and commercial uses would result in convenient, walkable access to a range of services and employment opportunities. The Metro Specific Plan SFEIR further identified that the increased transit demand would be accommodated by various transit providers within the Metro Specific Plan Area, such as BART, VTA light rail, VTA bus routes, Altamont Commuter Express (ACE) shuttles, and an AC Transit line. The Metro Specific Plan also includes various policies meant to minimize potential impacts to pedestrians, bicyclists, and transit users, such as Policies M 2, M 2.1.1 through M 2.1.5, M 2.2, M

2.2.1 through M 2.2.5, M 5.1, and M 8, which detail the specific transportation and circulation improvements, requirements, and Transportation Demand Management (TDM) measures to be implemented.

The Metro Specific Plan SFEIR further determined that the Metro Specific Plan would be consistent with the Draft Trail, Pedestrian, and Bicycle Plan; the City of Milpitas Transportation Analysis Policy; the Plan Bay Area 2050; the Valley Transportation Plan 2040; the Santa Clara Countywide Bicycle Plan; and VTA’s Bicycle Technical Guidelines. Goals and policies developed for the Metro Specific Plan would provide enhanced connectivity to destinations throughout the City as well as improved safety and quality of active transportation infrastructure. Therefore, the Metro Specific Plan concluded that impacts related to conflicts with a program, policy, plan, or ordinance associated with the circulation system would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project would result in a similar intensity and density of development within the General Plan Planning Area and the Metro Specific Plan Area, as well as result in similar land use patterns, to those imagined in the General Plan FEIR and the Metro Specific Plan SFEIR. Therefore, the proposed project would not be expected to alter transportation patterns and uses or conflict with any programs, plans, policies, or ordinances associated with the circulation system. Future development projects would be required to comply with all applicable standards, policies, and regulations described above. Therefore, the proposed project would not introduce new significant

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 143 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
b. Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would result in less than significant impacts related to residential VMT and significant and unavoidable impacts related to employment-based VMT. The General Plan FEIR identified that residential uses in the City were projected to generate an average of 11.03 VMT per capita, which is below the applied significance threshold of 11.48 VMT per capita. However, the General Plan FEIR further identified that the projected VMT per employee (20.41) for the City was nearly 31 percent higher than the applied significance threshold (14.14 VMT per employee). The General Plan’s land use patterns, intensities, and policies include several components that aim to reduce VMT, and individual development projects would also be required to complete VMT analyses and implement TDM measures as applicable. Although these measures would likely reduce VMT impacts to less than significant when considered at an individual project-level, the General Plan FEIR determined that they cannot be guaranteed and are not possible to fully quantify or mitigate at the programmatic level. Therefore, the General Plan FEIR concluded that impacts related to VMT would be significant and unavoidable.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Plan would substantially lower VMT per service population, per capita, and per employee as compared to both the 2040 Santa Clara countywide average and the General Plan at buildout. The Metro Specific Plan includes new residences, retail opportunities, and employment sites within the Metro Specific Plan Area located near BART and light rail stations, and therefore, the Metro Specific Plan SFEIR determined that many residents, employees, and visitors would opt to walk, bicycle, or use transit for trips. Furthermore, Metro Specific Plan Policy M 8 requires new development to implement TDM measures in order to achieve a 15 percent reduction in VMT per resident or employee compared to the countywide average. Therefore, the Metro Specific Plan SFEIR concluded that impacts related to VMT would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project would result in similar land use patterns, densities, and intensities to those envisioned and evaluated in the General Plan FEIR and the Metro Specific Plan SFEIR. As such, it is unlikely that the proposed project would result in additional impacts related to VMT. Future development projects would be required to comply with all applicable standards, policies, and regulations described above. Therefore, the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 144 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Summary of General Plan FEIR
The General Plan FEIR determined that the General Plan would not directly result in any modification to the transportation network and would have no impact related to increasing hazards related to design features. Furthermore, future facilities associated with the implementation of the General Plan would be required to meet applicable federal, State, and City design standards. General Plan Policy CIR 2-2 requires that intersections are designed to safely and comfortably accommodate all transportation modes and users. Therefore, the General Plan FEIR concluded that impacts related to hazards due to geometric design features would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that any improvements to the transportation and circulation system within the Metro Specific Plan Area would be designed and constructed to federal, regional, and local standards, and would therefore not result in hazardous design features.

The design of new streets, circulation improvements, and access points would also be reviewed for compliance with safety guidelines and standards as part of the development review process.

Furthermore, the Metro Specific Plan SFEIR found that sidewalks, bike lanes, and paths would be added to create a more comprehensive facilities network, thereby enhancing access and safety for nonmotorized users. Therefore, the Metro Specific Plan SFEIR concluded that impacts related to hazards due geometric design features would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project includes zoning updates and minor General Plan Amendments that would not result in any physical development, which precludes the potential for new impacts associated with roadway safety. Future development projects, including streets, circulation improvements, and access points associated with the implementation of the proposed project would be required to comply with the applicable federal, State, and City design standards, such as General Plan Policy CIR 2-2, described above. Therefore, the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
d. Result in inadequate emergency access?
Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would result in modifications to the existing transportation network, which could impact emergency access response time. However, future development associated with the General Plan would be required to comply with the City’s Design and Construction Standards, which include requirements for emergency access, and would be reviewed by public safety officials as part of the entitlement process. Additionally, the General Plan FEIR found that emergency vehicles are able to use vehicle

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 145 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx preemption technology and sirens to reduce response times, and specific locations that would experience a reduction in roadway capacity would undergo individual operations analyses to assess and mitigate potential impacts to emergency vehicle access. General Plan Policies CIR 1-1, 1-7, 1-11, and 1-13 further focus on considering safety needs as part of planning and implementing transportation improvements. Therefore, the General Plan FEIR concluded that impacts related to emergency vehicle access would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that buildout of the Metro Specific Plan would not be expected to result in inadequate emergency access. Future individual development projects within the Metro Specific Plan Area would be required to comply with City and County standards and requirements, as well as Safety, Fire, and Building Codes, and would undergo review by public safety officials as part of the approval process. Furthermore, the Metro Specific Plan SFEIR identified that the addition of a police substation within the Metro Specific Plan Area would provide broader distribution of emergency response resources, thereby resulting in reduced travel distances and response times for emergency vehicles. Additionally, the Metro Specific Plan SFEIR found that emergency vehicles are able to use vehicle preemption technology and sirens to reduce response times, and specific locations that would experience a reduction in roadway capacity would undergo individual operations analyses to assess and mitigate potentially impacts to emergency vehicle access. Therefore, the Metro Specific Plan SFEIR concluded that impacts related to emergency vehicle access would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project would result in similar intensity, density, and land use patterns to those envisioned and evaluated in the General Plan FEIR and the Metro Specific Plan SFEIR, which precludes the potential for new impacts associated with emergency response. Furthermore, any future development projects associated with the implementation of the proposed project would be required to comply with the applicable City and County design standards. For example, General Plan Policies CIR 1-1, 1-7, 1-11, and 1-13 require prioritization of infrastructure and facility safety on streets, coordination with neighboring jurisdictions regarding planned developments and transportation improvements, maintenance of acceptable operations for major streets and intersections, and maintenance of updated emergency preparedness and evacuation plans and procedures. Therefore, the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 146 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Transportation, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 147 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion
in Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XVIII. Utilities and Service Systems
Would the project:
a) Require or result in
the relocation or
construction of new
or expanded water,
wastewater
treatment or
stormwater
drainage, electric
power, natural gas,
or
telecommunication
s facilities, the
construction or
relocation of which
could cause
significant
environmental
effects?
Less than
significant
impact
Less than
significant
impact (all
facilities
except
future
reservoir
and pump
stations,
see below);
No CEQA
conclusion
could be
made at
the time.

Future
reservoir
and pump
station may
be subject
to further
review
under
CEQA
No No No None None
b) Have sufficient
water supplies
available to serve
the project and
reasonably
foreseeable future
development
during normal, dry
and multiple dry
years?
Less than
significant
impact
Less than
significant
impact
No No No None None
c) Result in a
determination by
the wastewater
treatment provider
which serves or
may serve the
project that it has
Less than
significant
impact
Less than
significant
impact
No No No None None

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 148 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion
in Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
adequate capacity
to serve the
project’s projected
demand in addition
to the provider’s
existing
commitments?
d) Generate solid
waste in excess of
State or local
standards, or in
excess of the
capacity of local
infrastructure, or
otherwise impair
the attainment of
solid waste
reduction goals?
Less than
significant
impact
Less than
significant
impact
No No No None None
e) Comply with
federal, State, and
local management
and reduction
statutes and
regulations related
to solid waste?
Less than
significant
impact
Less than
significant
impact
No No No None None
Discussion
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Summary of General Plan FEIR
Water
The General Plan FEIR determined that the implementation of the General Plan would increase demand for water supplies, including water conveyance and treatment infrastructure, but that the projected 2040 water supplies would be adequate to meet the demand that would be generated by buildout of the General Plan. Therefore, the General Plan would not result in the need to construct or expand water supply and treatment facilities that have not been addressed in the Santa Clara Valley Water District’s water master plans. Future discretionary projects would be evaluated for conformance with the General Plan, Municipal Code, and other applicable regulations, including the

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 149 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx requirements of CEQA. Further, the General Plan FEIR identifies several policies to ensure that water providers are consulted with during future land use changes to ensure that future supply meets demands. Future development would also be required to connect to existing water distribution infrastructure, pay the applicable water system connection fees, and pay the applicable water usage rates. Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Wastewater
The General Plan FEIR determined that the implementation of the General Plan would increase demand for wastewater services. The General Plan FEIR found that there is excess treatment capacity at the Regional Wastewater Facility (RWF), and no physical plant expansions would be required as a result of the General Plan. Further, future development projects would be evaluated for conformance with the General Plan, Municipal Code, and other applicable regulations, including the requirements of CEQA. The General Plan FEIR also identified policies within the General Plan that are designed to ensure adequate wastewater treatment capacity is available to serve development.

Therefore, the General Plan FEIR concluded that impacts would be less than significant.

Stormwater Drainage
The General Plan FEIR determined that the implementation of the General Plan may result in increased areas of impervious surfaces throughout the Planning Area, requiring additional or expanded stormwater drainage, conveyance, and retention infrastructure. Future development would be required to evaluate stormwater drainage and conveyance facilities at the project level, and facilities would primarily be provided on sites with land use designations that allow such uses.

Furthermore, General Plan Action UCS 4e requires compliance with the SCVURPP and the C.3 Stormwater Handbook, which includes post-construction stormwater controls on development projects. The General Plan FEIR also identifies several policies and actions designed to ensure adequate drainage infrastructure is available to serve development, minimize potential adverse effects of stormwater conveyance, and ensure that development does not move forward until adequate drainage capacity exists. All development projects would be required to demonstrate how stormwater detention and/or retention would occur on-site or be conveyed to the nearest drainage facility. Therefore, the General Plan FEIR concluded that impacts related to stormwater drainage would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would involve the relocation, construction, or expansion of numerous utility facilities. However, the additional facilities were included in the Water Master Plan, Sewer Master Plan, and Storm Drain Master Plan prepared by the City. These Master Plans were developed using modeling of the assumed buildout of the Metro Specific Plan, and as such, the demand on water, sewer, and storm drain utilities due to the growth associated with the Metro Specific Plan would be met through the utility improvements identified in the Master Plans.

Construction
The Metro Specific Plan SFEIR found that construction activities within the Metro Specific Plan Area would be served by existing utility systems and infrastructure. There would be adequate utility

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 150 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx service available to provide electricity during construction activities without requiring new or expanded facilities. Further, natural gas and telecommunications services are not generally used during construction, and limited construction-phase water needs would be met through the metered use of water conveyed by water trucks and tanks. The Metro Specific Plan SFEIR determined that construction would not result in substantially elevated wastewater generation levels into the local sanitary sewer system. Groundwater dewatering, required for major excavations, would be discharged into the storm drain system and subject to applicable regulatory controls. Therefore, the Metro Specific Plan SFEIR concluded that construction-related impacts to utilities and service systems would be less than significant.

Operation
The Metro Specific Plan SFEIR requires various improvements to the water system, wastewater system, and stormwater drainage system. The environmental impacts of these improvements were evaluated in various topical sections of the Metro Specific Plan SFEIR. Two improvements discussed in the Metro Specific Plan SFEIR included the implementation of a 2-million-gallon storage reservoir and a new pump station. However, because the locations of these facilities are not currently known, the Metro Specific Plan SFEIR did not make a CEQA significance determination. Future facilities would be evaluated for potential environmental impacts pursuant to CEQA prior to construction.

Furthermore, the Metro Specific Plan SFEIR identified that future projects would include building design features that reduce energy consumption and increase renewable energy generation, and projects would be required to comply with the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations, which includes green and sustainable building requirements to achieve energy efficiency. The Metro Specific Plan SFEIR thereby identified that it would not require new or expanded electrical facilities, and the Metro Specific Plan would limit the use of natural gas. The Metro Specific Plan would not require the construction of new or expanded natural gas facilities or telecommunication facilities. Therefore, the Metro Specific Plan SFEIR concluded that impacts would be less than significant.

Proposed Project Analysis and Conclusions
The purpose of the proposed project is to establish consistency between the General Plan, Metro Specific Plan, and Zoning Code; therefore, the proposed project would result in a similar density and intensity of development as well as similar land use patterns to those envisioned and evaluated in the General Plan and Metro Specific Plan. Accordingly, the proposed project would not result in direct or indirect population growth not previously contemplated by the General Plan FEIR and the Metro Specific Plan SFEIR, and would not result in the need for construction or relocation of any utilities infrastructure. Additionally, the proposed project would not increase demand for water supplies or wastewater due to an increase in population and employment. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 151 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would result in increased demand for additional water supplies due to an increase in population and employment in the Planning Area, although the General Plan FEIR also found that the City would have adequate water supply to serve the General Plan’s land uses with an available water supply of 17.5 million gallons per day (mgd) compared to the 13.7 mgd water demands at buildout according to the 2020 Water Master Plan Update (WMPU). Additionally, the General Plan includes various policies designed to ensure an adequate water supply for development and minimize the potential adverse effects of increased water use, such as General Plan Policies UCS 2-1 through UCS 2-8 and Actions UCS 2a through 2k, which require that the water system adequately meets the needs of existing and future development, that additional water supply sources are pursued, that new development pays its fair share of funding for water distribution, and that the use of recycled water is encouraged.

Therefore, the General Plan FEIR concluded that impacts related to adequate water supplies would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would result in additional water demand. A Water Supply Assessment (WSA) was prepared for the Metro Specific Plan, which concluded that the City’s water supplies would meet projected demands for the Metro Specific Plan through 2045 during normal hydrologic years. Further, once the City’s groundwater wells identified in the City’s 2020 Urban Water Management Plan (UWMP) start operating in 2030, the City’s dry year supplies can better meet projected demands in single dry and multiple dry years. There are small supply shortfalls starting in the third year of a 5-year drought starting in 2030 and the fourth year of a 5-year drought starting in 2045, as described in the Metro Specific Plan SFEIR. The City would implement its Water Shortage Contingency Plan (WSCP) and reduce water demands as needed to address these shortfalls. Therefore, the Metro Specific SFEIR concluded that the total projected water supplies would meet the projected water demand associated with the Metro Specific Plan and impacts were determined to be less than significant.

Proposed Project Analysis and Conclusions
Refer to Impact XVIII(a).
c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Summary of General Plan FEIR
The General Plan FEIR determined that the implementation of the General Plan would not exceed the projected wastewater generation volumes described in the City’s 2014 SSMP and the 2015 UWMP. The General Plan FEIR found that there would be an increased demand for water and wastewater services, including a reliable source of recycled water; however, these needs have been

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 152 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx addressed in the water and sewer master plans prepared for the City by West Yost Engineers and HydroScience Engineers, Inc., and the San Jose-Santa Clara Regional Wastewater Facility Master Plan.

Projected future water demand will require that the districts continue to implement phased improvements to pump stations, sewer mains, and wastewater treatment plans. Furthermore, the General Plan FEIR identified various General Plan policies designed to ensure an adequate wastewater treatment capacity for development. Therefore, the General Plan FEIR concluded that impacts related to adequate wastewater treatment capacity would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the implementation of the Metro Specific Plan would increase total wastewater demand due to the expected population growth. Metro Specific Plan policies require ultra-low-flow fixtures and encourage incorporation of water collection and retention devices. The City’s overall wastewater generation, including within the Metro Specific Plan Area, would be approximately 9.22 mgd, which is well below the City’s capacity of 14.25 mgd.

Therefore, the Metro Specific Plan SFEIR concluded that there would be adequate capacity to serve the Metro Specific Plan’s projected wastewater demand, and impacts would be less than significant.

Proposed Project Analysis and Conclusions
Refer to Impact XVIII(a).
d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Summary of General Plan FEIR
The General Plan FEIR determined that implementation of the General Plan would result in an increase of approximately 32,886.5 tons of solid waste per year. The City’s projected increase in solid waste generation associated with the implementation of the General Plan is well within the permitted capacity of the Newby Island Landfill3
, which serves Milpitas. The General Plan FEIR also
identified that future projects would be required to comply with applicable State and local requirements pertaining to solid waste, construction waste diversion, and recycling. Further, the General Plan includes actions to further reduce impacts on solid waste services. Therefore, the General Plan FEIR concluded that impacts related to solid waste would be less than significant.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the implementation of the Metro Specific Plan would generate additional solid waste beyond the amount previously identified in the TASP. The Metro Specific Plan SFEIR found that the Kirby Canyon Landfill would have adequate capacity to serve the Metro Specific Plan because the solid waste generated by the Metro Specific Plan Area would only result in approximately 1.1 percent of the solid waste permitted daily. Therefore, the Metro Specific Plan SFEIR concluded that impacts related to solid waste would be less than significant. 3 At the time the General Plan FEIR was certified, the Newby Island Landfill provided solid waste disposal services for the City.

However, the City entered a long-term agreement for landfill disposal with Kirby Canyon Landfill in 2017, as analyzed in the Metro Specific Plan SFEIR.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 153 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Proposed Project Analysis and Conclusions
The proposed project would not result in direct or indirect population growth not previously contemplated by the General Plan FEIR and the Metro Specific Plan SFEIR and would not result in any physical development. This precludes the potential for new impacts associated with solid waste capacity beyond those already evaluated and disclosed in the General Plan FEIR and the Metro Specific Plan SFEIR. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
e. Comply with federal, State, and local management and reduction statutes and regulations related to solid waste?
Summary of General Plan FEIR
Refer to summary provided in Impact XVIII(d).

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that future development associated with the Metro Specific Plan would be required to comply with regulations requiring waste diversion, including AB 939, the City’s Source Reduction and Recycling Program, and Integrated Waste Management Plan (IWMP). Furthermore, the Metro Specific Plan includes policies to provide organic waste collection services in residential and nonresidential development. Therefore, the Metro Specific Plan SFEIR concluded that impacts would be less than significant.

Proposed Project Analysis and Conclusions
The proposed project does not include any physical development. Future individual development projects would be required to comply with General Plan and Metro Specific Plan policies as well as AB 939 and the City’s IWMP. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

Mitigation Measures for the Proposed Project
None required.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 154 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Conclusion
With regard to Utilities and Service Systems, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 155 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Substantial
Changes in
Project
Involving
New or More
Severe
Impacts?
Substantial
Changes in
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
of
Substantial
Importance
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
XIX. Wildfire
If located in or near State Responsibility Areas or lands classified as Very High Fire Hazard Severity Zones, would the project:
a) Substantially
impair an adopted
emergency
response plan or
emergency
evacuation plan?
Less than
significant
impact
No impact No No No None None
b) Due to slope,
prevailing winds,
and other factors,
exacerbate
wildfire risks, and
thereby expose
project occupants
to, pollutant
concentrations
from a wildfire or
the uncontrolled
spread of a
wildfire?
Less than
significant
impact
No impact No No No None None
c) Require the
installation or
maintenance of
associated
infrastructure
(such as roads,
fuel breaks,
emergency water
sources, power
lines or other
utilities) that may
exacerbate fire
risk or that may
result in
temporary or
ongoing impacts
to the
environment?
Less than
significant
impact
No impact No No No None None

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 156 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Substantial
Changes in
Project
Involving
New or More
Severe
Impacts?
Substantial
Changes in
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
of
Substantial
Importance
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific
Plan SFEIR
Mitigation
Measures
d) Expose people or
structures to
significant risks,
including
downslope or
downstream
flooding or
landslides, as a
result of runoff,
post-fire slope
instability, or
drainage changes?
Less than
significant
impact
No impact No No No None None
Discussion
a. Substantially impair an adopted emergency response plan or emergency evacuation plan? Summary of General Plan FEIR
The General Plan FEIR indicated that implementation of the General Plan does not include any sitespecific designs or proposals that would have potential to impair an adopted emergency response plan or evacuation plan. In addition, the General Plan does not include land uses, policies, or other components that conflict with adopted emergency response or evacuation plans which would be provided by the City of Milpitas as a member of the Santa Clara County Emergency Management Organization. The City maintains adequate staffing and access for emergency services, and all new development contemplated under the General Plan would be subject to all City regulations, reviews, and requirements related to emergency services, as well as CEQA analysis of project-specific impacts.

The General Plan FEIR concluded that implementation of the policies and actions contained in the General Plan would ensure resiliency and functionality in the event of a natural disaster. Therefore, the General Plan FEIR concluded that implementation of the General Plan would result in a less than significant impact regarding impairment of adopted emergency response plans or emergency evacuation plans.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR found that the area surrounding the Metro Specific Plan Planning Area is generally developed and lacking features that exacerbate wildland fire risks. The Metro Specific Plan SFEIR is not located within or near a State Responsibility Area (SRA) or VHFHSZ.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 157 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx In addition, it was determined that implementation of the Metro Specific Plan would not result in new or substantially more severe effects that were not analyzed in the General Plan FEIR. Therefore, the Metro Specific Plan SFEIR concluded that there would be no impact related to wildfire.

Proposed Project Analysis and Conclusions
The proposed project does not include any specific development proposals. Future development and associated land use activities would be subject to General Plan and Metro Specific Plan policies, as applicable, including provisions associated with fire safety.

Therefore, implementation of the proposed project would not introduce new significant environmental impacts related to wildfires to create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Summary of General Plan FEIR
The General Plan found that the City of Milpitas does not contain any areas determined to have either a High or Very High fire threat to people within city limits. While the General Plan does not include any site-specific design or proposals or entitlements with the potential to expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire, all future development contemplated under the General Plan is required to comply with all applicable federal, State, and local policies and regulations related to wildland fire safety hazards, such as General Plan Policies SA 4-1, 4-8 through 4-11, and 6-7, which require ensuring adequate water supplies are available for fire suppression throughout the City, providing adequate funding for fire facilities and personnel, and maintaining a response time of 4 minutes or less for urban service areas.

The General Plan FEIR concluded that nothing in the General Plan will substantially alter the slope, prevailing winds, or other factors that would increase exposure of Milpitas residents to wildfires.

Therefore, the General Plan FEIR concluded that implementation of the General Plan would result in a less than significant impact regarding the exposure of project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan Area is not located in an SRA or VHFHSZ. Refer to summary provided in Impact XIX(a).

Proposed Project Analysis and Conclusions
The proposed project does not include any specific development proposals. Future development and associated land use activities would be subject to the General Plan policies and Metro Specific Plan policies, as applicable, including provisions associated with fire safety.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 158 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Applicable policies include, but are not limited to, General Plan Policies SA 4-1, 4-8 through 4-11, and 6-7, detailed above. General Plan Actions SA 4b, SA 4c, and SA 6g further require development applications to be reviewed by the Public Works Department and Fire Department and to incorporate a climate vulnerability assessment and strategies to safeguard human health and community assets into relevant plans, such as the Emergency Preparedness Plan, Local Hazard Mitigation Plan, and CAP.

Therefore, implementation of the proposed project would not introduce new significant environmental impacts related to wildfires to create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Summary of General Plan FEIR
The General Plan FEIR found that proposed construction projects contemplated under the General Plan would be located in areas that are already urbanized and served by infrastructure. However, all development would be required to comply with applicable provisions from the California Fire Code (CFC), the California Code of Regulations, and the California Public Utilities Commission (CPUC). The General Plan also includes requirements for adequate water supply and flow availability and access for fire suppression.

The General Plan FEIR concluded that implementation of the policies and actions included in the General Plan and described above would ensure that wildland fire hazards would not be exacerbated by local infrastructure. Therefore, the General Plan FEIR concluded that implementation of the General Plan would result in a less than significant impact regarding installation or maintenance of infrastructure and wildfire risk.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan Area is urbanized and contains infrastructure typically associated with urbanized areas. Refer to summary provided in Impact XIX(a).

Proposed Project Analysis and Conclusions
The proposed project does not include any specific development proposals. Future development and associated land use activities would be subject to the General Plan policies and Metro Specific Plan policies described above, as applicable, including provisions related to infrastructure and fire risk.

Therefore, implementation of the proposed project would not introduce new significant environmental impacts related to infrastructure-related fire risk to create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 159 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Summary of General Plan FEIR
The General Plan FEIR found that a large portion of central Milpitas and areas along Coyote Creek are located within a mapped portion of 100-year and 500-year FEMA flood zones, according to the FEMA Flood Hazard Map Viewer. The General Plan Planning Area has not been impacted by fires, as wildfire areas within the City’s SOI are located in the hillside areas outside of city limits. The topography in the urban areas of the Planning Area is generally flat and would not be at risk due to debris flows. However, as stated above, all future development under the General Plan will be evaluated for conformance to the CBC as well as the Zoning Ordinance and other City policies, and will be required to prepare a project-specific SWPPP by the RWQCB.

The General Plan FEIR concluded that proposed future development contemplated under the General Plan would not be subject to debris flows, as the topography of the urban portions of the General Plan Planning Area are generally flat, and portions of the Planning Area adjacent to hillside areas subject to landslides and debris flows are sparsely developed. Therefore, the General Plan would result in a less than significant impact regarding the exposure of people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage change.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan Area is generally characterized by flat topography. Refer to summary provided in Impact XIX(a).

Proposed Project Analysis and Conclusions
The proposed project does not include any specific development proposals. Future development and associated land use activities would be subject to the General Plan policies and Metro Specific Plan policies as applicable, including provisions associated with fire safety and flood hazard protection, such as General Plan Policies SA 2-1 through 2-11, which include various provisions related to flood hazards and flood control facilities.

Therefore, implementation of the proposed project would not introduce new significant environmental impacts related to risks from downslope or downstream flooding resulting from runoff or post-fire slope instability or create substantially more severe impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan SFEIR Mitigation Measures
None.

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 160 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Mitigation Measures for the Proposed Project
None required.

Conclusion
With regard to Wildfire, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No mitigation measures are necessary because the proposed project’s specific impacts would be less than significant.

5. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 161 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific Plan
SFEIR
Mitigation
Measures
XX. Mandatory Findings of Significance
a) Does the project
have the
potential to
substantially
degrade the
quality of the
environment,
substantially
reduce the
habitat of a fish
or wildlife
species, cause a
fish or wildlife
population to
drop below selfsustaining levels,
threaten to
eliminate a plant
or animal
community,
substantially
reduce the
number or
restrict the range
of a rare or
endangered plant
or animal, or
eliminate
important
examples of the
major periods of
California history
or prehistory?
Less than
significant
impact
Less than
significant
impact
No No No None None
b) Does the project
have impacts that
are individually
limited, but
cumulatively
considerable?
(“Cumulatively
considerable”
means that the
incremental
effects of a
Significant
and
unavoidabl
e impact
Significant
and
unavoidable
impact
No No No None MM AQ-1,
MM AQ-2,
MM AQ-3,
MM AQ-4,
MM AQ-5,
MM AQ-6,
MM AQ-7,
MM AQ-8,
MM AQ-9,
MM GHG-1,
MM GHG-2,

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 162 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx Environmental Issue
Area
Conclusion
in General
Plan FEIR
Conclusion in
Metro
Specific Plan
SFEIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
General
Plan FEIR
Mitigation
Measures
Metro
Specific Plan
SFEIR
Mitigation
Measures
project are
considerable
when viewed in
connection with
the effects of past
projects, the
effects of other
current projects,
and the effects of
probable future
projects)?
MM GHG-3,
MM NOI-1,
MM NOI-2,
and
MM NOI-3.
c) Does the project
have
environmental
effects, which will
cause substantial
adverse effects
on human beings,
either directly or
indirectly?
Significant
and
unavoidabl
e impact
Significant
and
unavoidable
impact
None MM AQ-1,
MM AQ-2,
MM AQ-3,
MM AQ-4,
MM AQ-5,
MM AQ-6,
MM AQ-7,
MM AQ-8,
MM AQ-9,
MM GHG-1,
MM GHG-2,
MM GHG-3,
MM NOI-1,
MM NOI-2,
and
MM NOI-3.

Discussion
a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Summary of General Plan FEIR
The General Plan FEIR determined that the General Plan would have less than significant impacts related to biological resources, cultural resources, and TCRs. Future individual development projects would be required to comply with the policies and actions of the General Plan, which would require site-specific review of project sites to determine whether movement corridors, sensitive habitat, special-status species, and potential cultural resources and TCRs are present. If any of these are

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 163 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx determined to be present, future projects would be required to mitigate and reduce impacts to the greatest extent feasible. Therefore, the General Plan FEIR concluded that the General Plan would not substantially degrade the quality of the environment, reduce special-status species habitats, or eliminate important examples of the major periods of California history or prehistory.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the implementation of the Metro Specific Plan would have less than significant impacts related to biological resources and cultural resources, including historical and archaeological resources. Therefore, the Metro Specific Plan SFEIR concluded that the Metro Specific Plan would not substantially degrade the quality of the environment, reduce specialstatus species habitats, or eliminate important examples of the major periods of California history or prehistory.

Proposed Project Analysis and Conclusions
The proposed project would result in a similar intensity and density of development, as well as similar land use patterns, to those envisioned and evaluated in the General Plan FEIR and the Metro Specific Plan SFEIR. Therefore, the proposed project would have similar environmental effects related to biological resources, cultural resources, and TCRs as evaluated and disclosed in the General Plan FEIR and the Metro Specific Plan SFEIR. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.
b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Summary of General Plan FEIR
The General Plan FEIR found that the General Plan would result in a significant and unavoidable cumulative impact related to noise because traffic noise increases would exceed the applicable noise exposure criteria. The General Plan would also result in a significant and unavoidable cumulative impact on the transportation network because it is unlikely that the 31 percent VMT reduction needed to reach the applied significance threshold would be obtained, since VMT reductions cannot be guaranteed and could not be fully quantified or mitigated at a citywide level in the programmatic General Plan. Therefore, the General Plan FEIR concluded that the implementation of the General Plan would have cumulatively considerable impacts related to noise and transportation.

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would not contribute to cumulatively considerable impacts on most resource areas. However, the Metro Specific Plan SFEIR further identified that the Metro Specific Plan would have potential impacts on air quality, GHG emissions, land use and planning, noise, population and housing, public services, recreation, transportation, and utilities and service systems. As discussed in the various environmental impact

City of Milpitas—15164 Addendum for the City of Milpitas CEQA Checklist General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR 164 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx sections of this document, the Metro Specific Plan SFEIR concluded that the implementation of the Metro Specific Plan would result in significant air quality impacts related to a net increase in criteria pollutants and exposing sensitive receptors to pollutant concentrations; significant GHG impacts related to conflict with applicable plans, policies, or regulations reducing GHG emissions; and significant noise impacts related to increases in ambient noise levels, and excessive groundborne vibration or noise levels. Therefore, the Metro Specific Plan SFEIR concluded that the Metro Specific Plan would have cumulatively considerable impacts related to air quality, GHG emissions, and noise.

Proposed Project Analysis and Conclusions
The proposed project would result in a similar intensity and density of development, as well as similar land use patterns, to those envisioned and evaluated in the General Plan FEIR and the Metro Specific Plan SFEIR, because the proposed project would ensure consistency between the Zoning Ordinance, the General Plan, and the Metro Specific Plan. Accordingly, the proposed project would have similar environmental effects related to noise, air quality, transportation, and GHG emissions, as evaluated and disclosed in the General Plan FEIR and the Metro Specific Plan SFEIR. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required. c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Summary of General Plan FEIR
The General Plan FEIR determined that the General Plan would result in a significant and unavoidable cumulative impact related to traffic noise, which could have adverse effects on human beings. Refer to summary provided in Impact XX(b).

Summary of Metro Specific Plan SFEIR
The Metro Specific Plan SFEIR determined that the Metro Specific Plan would have significant and unavoidable impacts related to air quality, GHG emissions, and noise, as discussed in the summary provided in Impact XX(b). Therefore, the Metro Specific Plan SFEIR concluded that the Metro Specific Plan would have an adverse impact on human beings, either directly or indirectly, from air pollutants, GHG emissions, and noise.

Proposed Project Analysis and Conclusions
The proposed project would result in a similar intensity and density of development, as well as similar land use patterns, as envisioned and evaluated in the General Plan FEIR and the Metro Specific Plan SFEIR because the proposed project would ensure consistency between the Zoning Ordinance, the General Plan, and the Metro Specific Plan. Accordingly, the proposed project would have similar environmental effects related to noise, air quality, and GHG emissions, as evaluated and disclosed in the General Plan FEIR and the Metro Specific Plan SFEIR. Therefore, implementation of the proposed project would not introduce new significant environmental impacts or create

City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR CEQA Checklist FirstCarbon Solutions 165 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx substantially more severe environmental impacts than those analyzed in the General Plan FEIR and the Metro Specific Plan SFEIR. No additional analysis is required.

Mitigation Measures
General Plan FEIR Mitigation Measures
None.

Metro Specific Plan FEIR Mitigation Measures
MM AQ-1, MM AQ-2, MM AQ-3, MM AQ-4, MM AQ-5, MM AQ-6, MM AQ-7, MM AQ-8, MM AQ-9, MM GHG-1, MM GHG-2, MM GHG-3, MM NOI-1, MM NOI-2, and MM NOI-3.

Mitigation Measures for the Proposed Project
Implement MM AQ-1, MM AQ-2, MM AQ-3, MM AQ-4, MM AQ-5, MM AQ-6, MM AQ-7, MM AQ-8, MM AQ-9, MM GHG-1, MM GHG-2, MM GHG-3, MM NOI-1, MM NOI-2, and MM NOI-3.

Conclusion
With regard to Mandatory Findings of Significance, the analysis demonstrates that:

1. No substantial changes are proposed in the project which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

2. No substantial changes are proposed with respect to the circumstances under which the project is undertaken which require major revisions to the previously certified EIRs due to new significant effects or a substantial increase in the severity of previously identified effects.

3. No new information of substantial importance indicates any new or more significant effects than shown in the previously certified EIRs.

4. No new mitigation measures or alternatives previously found not to be feasible, would in fact be feasible and would reduce one or more significant effects of the project. No new mitigation measures or alternatives which are considerably different from those analyzed in the previously certified EIRs would substantially reduce significant impacts. None of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.

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City of Milpitas—15164 Addendum for the City of Milpitas General Plan Update FEIR and the City of Milpitas Metro Specific Plan SFEIR List of Preparers FirstCarbon Solutions 167 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5807/58070001/Addendum/58070001 Milpitas Addendum.docx SECTION 4: LIST OF PREPARERS
FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
Phone: 925.357.2562
Project Director .......................................................................................................................Mary Bean Project Manager...............................................................................................................Madelyn Dolan Director of Cultural Resources.......................................................................... Dana DePietro, PhD, RPA Director of Noise and Air Quality .............................................................................. Phil Ault, LEED® AP Biologist ..............................................................................................................................Robert Carroll Environmental Analyst...................................................................................................... Laura Campion Environmental Analyst.................................................................................................. Spencer Churchill Environmental Analyst........................................................................................................ Henrique Zhu Publications Manager............................................................................................................ Susie Harris Publications Coordinator.........................................................................................................Alec Harris Document Specialist....................................................................................................... Melissa Ramirez GIS Specialist ................................................................................................................ Karlee McCracken

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Summary of General Plan Amendment
In conjunction with Phase 1 of Comprehensive Zoning Update City of Milpitas

GENERAL PLAN LAND USE MAP AMENDMENT
Miscellaneous Parcels
Parcel
APN
Current
GP Land
Use
Proposed
Rezoning GP Map Amendments Notes
8319027 BPRD None Change GP land use to
Public Facilities (PF)
This is Milpitas Fire Station No. 4. The parcel is currently zoned “I” (Institutional). The GP land use designation
should be updated to Public Facilities (PF) to be consistent with the “I” zone.
2259085 HDR None Change GP land use to
Permanent Open Space
(POS)
This parcel is a waterway and has a current zoning
description of “Waterways.” The GP land use designation should be changed to Permanent Open Space (POS).
2201021 MFG Rezone to
POS
Change GP land use to
Permanent Open Space
(POS)
These are two City-owned natural/open space parcels and should have both GP land use and zoning of POS.
2237002 INP Rezone to
POS
Change GP land use to
Permanent Open Space
(POS)
8326002 MGSP None Change GP land use to
Permanent Open Space
(POS)
These three parcels were formerly located in the Milpitas Gateway Specific Plan (MGSP) Area. The City recently
adopted chanes to the boundaries of that specific plan area.

Subsequently the City approved General Plan map
amendments to change the land use designations of
properties removed from the plan area from MGSP to new, appropriate designations under the General Plan. These
three parcels were inadvertently left out of that effort. All three are currently zoned POS (Park & Public Open Space District) and must have the General Plan land use
designations updated to match zoning.
8327051 MGSP None Change GP land use to
Permanent Open Space
(POS)
8334002 MGSP None Change GP land use to
Permanent Open Space
(POS)
Granada Residential Subdivision (PUD 11)
Parcel
APNs
Current
GP Land
Use
Proposed
Rezoning GP Map Amendments Notes
Multiple
(8305009
through
8308244)
MDR None Change GP land use to
High Density Residential
(HDR)
Changing the land use designation to HDR will make the
General Plan Land Use Map and the zoning consistent for these properties.

City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Lisa Wise Consulting, Inc.
870 Market Street, Suite 977
San Francisco, CA 94102
City of Milpitas
New Zoning Districts
(Zoning Ordinance Update Phase I)
Public Hearing Draft | May 2024
Prepared for: Prepared by:

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Table of Contents
Section 2: Definitions
XI-10-2.01 Purpose and Intent........................................................................................................... 1 XI-10-2.02 General Definitions........................................................................................................... 1 XI-10-2.03 Definitions.......................................................................................................................... 2 Section 3: Zoning Districts
XI-10-3.01 Districts ........................................................................................................................... 27 XI-10-3.02 Combining Regulations................................................................................................. 28 XI-10-3.03 Zoning Map..................................................................................................................... 28 XI-10-3.04 Letter Designation Includes All Aspects of the Zone................................................ 28 XI-10-3.05 Most Restrictive and Least Restrictive Zones ............................................................ 28 XI-10-3.06 Reference to General Provisions and Exceptions ..................................................... 28 Section 7: Industrial Zones and Standards
XI-10-7.01 Purpose and Intent........................................................................................................ 29 XI-10-7.02 Industrial Use Regulations ........................................................................................... 29 XI-10.7.03 Industrial Zone General Development Standards .................................................... 33 XI-10-7.04 Industrial Zone Special Development and Performance Standards...................... 35 XI-10-7.05 Special Design Standards for the BPRD Zone ........................................................... 36 XI-10-7.06 Conformance with Specific Plans ................................................................................ 42 Section 9: Metro Area Zones and Standards
XI-10-9.01 Purpose and Intent........................................................................................................ 43 XI-10-9.02 Metro Area General Use Regulations ......................................................................... 44 XI-10-9.03 Metro Area Special Use Regulations........................................................................... 49 XI-10-9.04 Metro Area General Development Standards........................................................... 51 XI-10-9.05 Metro Area Special Development Standards ............................................................ 53 XI-10-9.06 Metro Area Special Design Standards ........................................................................ 54 Public Hearing Draft | Milpitas New Zoning Districts | i

XI-10-9.07 Affordable Housing ....................................................................................................... 60 XI-10-9.08 Exceptions to Standards............................................................................................... 60 Section 53: Off-Street Parking Regulations
XI-10-53.01 Purpose and Intent ..................................................................................................... 61 XI-10-53.03 Applicability .................................................................................................................. 61 XI-10-53.05 Maintenance of Off-Street Parking ........................................................................... 62 XI-10-53.07 Types of Parking Allowed ........................................................................................... 62 XI-10-53.09 Off-Street Parking Required by Land Use................................................................ 63 XI-10-53.11 Shared Parking............................................................................................................. 69 XI-10-53.13 Design Standards ........................................................................................................ 70 XI-10-53.15 Allowed Reductions to Required Parking for Lodging Uses.................................. 73 Section 54: General Provisions
XI-10-54.18 2023-2031 Housing Element Sites ........................................................................... 76 Section 56: Nonconforming Buildings and Uses
XI-10-56.01 Purpose and Intent ..................................................................................................... 77 XI-10-56.02 Repair, Maintenance and Improvements to Nonconforming Buildings and Structures ..................................................................................................................... 77 XI-10-56.03 Nonconforming Use of Buildings and Structures................................................... 78 XI-10-56.04 Nonconforming Use of Land...................................................................................... 79 XI-10-56.05 Nonconforming Parcels.............................................................................................. 80 ii | Milpitas New Zoning Districts | Public Hearing Draft

Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 2 Definitions*
Section 2 Definitions*
* Prior ordinance history: Ords. 38, 38.19, 38.22, 38.39, 38.227, 38.339, 38.342, 38.355, 38.395, 38.485, 38.541, 38.551, 38.591, 38.603,

38.629, 38.646, 38.654, 38.667, 38.688, 38.694, 38.697, 38.702, 38.708, 38.710, 38.713, 38.754, 38.759, 38.760, 38.761, 38.763, 38.767,

38.770, 38.776 and 124.27.

XI-10-2.01 Purpose and Intent
The purpose of this chapter is to ensure precision in interpretation of this title. This section provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct. (Ord. 38.780 (2) (part), 8/19/08)
XI-10-2.02 General Definitions
A. The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary.

B. The word "should" indicates a guideline that must be followed in the absence of compelling considerations to the contrary.

C. In the case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

D. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

E. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1. "And" indicates that all connected items or provisions shall apply;

2. "Or" indicates the connected items or provisions apply singly; and

3. "And/or" indicates the connected items or provisions may apply singly or in any combination; and

4. "Either…or" indicates that the connected items or provisions shall apply singly but not in combination.

F. The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.

G. The words "Planning Director" shall mean the Planning Director of the City or designee.

H. The words "Planning Division" shall mean staff representing the City in implementing this chapter, the General Plan, and other regulations affecting land use.

I. The words "City Engineer" shall mean the City Engineer of the City or designee.

J. The words "Building Official" shall mean the Building Official of the City or designee charged with the administration and enforcement of the Building Code of the City of Milpitas.

K. The words "City Manager" shall mean the City Manager of the City or designee.

L. The words "Planning Commission" or "Commission" shall mean the City Planning Commission.

Public Hearing Draft | Milpitas New Zoning Districts | 1

M. The word "Council" shall mean the City Council, the governing body of the City.

N. The word "City" shall mean the City of Milpitas.

O. The word "County" shall mean the County of Santa Clara.

P. The word "State" shall mean the State of California.

Q. The words "Zoning Ordinance" or "this Chapter" or "Zoning Code" shall mean Title XI, Chapter 10 of the Municipal Code of the City.

R. The words "General Plan" shall mean the General Plan of the City.

S. The word "code" shall mean the municipal code of the City.

T. Unless otherwise indicated, reference in this Chapter to whole numbers of sections includes all of the decimal-numbered paragraphs listed under such whole number section; i.e., a reference to Section 1.00 includes Subsections 1.01, 1.01-1 where the same are applicable.

U. The word "lot" includes "plot".

V. The word "building" includes "structure" except as specified.

W. The words "Enforcement Officer" mean that person or persons specifically designated by the City Manager to enforce the provisions of this Chapter.

X. The words "Zoning Administrator" shall mean the City Zoning Administrator. (Ord. No. 38.834 , § 4, 8/20/19; Ord. 38.780 (2) (part), 8/19/08) XI-10-2.03 Definitions
A
"Abate" shall mean to repair, replace, remove, destroy or otherwise remedy the condition in violation of this Chapter.
"Accessory Building or Use" means a subordinate building or use, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter (¾) ton size. Accessory dwelling units, as defined in subsection XI10-13.08 "Accessory Dwelling Units," are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:

1. It shares a common wall with the main building; or

2. It shares an integral roof structure having the same framing system and roof covering as the main building and is separated from the main structure by no more than ten (10) feet at any given point. "Accessory Structure" means a structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. An accessory structure is that which an accessory building is not, by definition. Examples include, but are not limited to fences, trellises, covered patios, and porte cocheres.
“Active Use” means a use that attracts walk-in visitors and has a high degree of transparency from the street. Active uses include but are not limited to retail, restaurants, bars, markets, theaters, salons, yoga studios, art studios/galleries, banks, offices, and clinics. Active uses also include ground floor residential shared amenities, such as a lobby, gym, or conference room.
"Adjacent" means having a common border with, or being separated from such a common border by a rightof-way, alley or easement. Properties separated by a street, alley, intersection, or other public right-of-way (other 2 | Milpitas New Zoning Districts | Public Hearing Draft

than an elevated interstate freeway), shall be considered abutting when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way. “Advanced Manufacturing” means the use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elements such as information, automation, computation, software, sensing, and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use. "Airport" means any area of land or water designed, used, or intended to be used or set aside for the landing and taking off of aircraft. The term "Airport" includes all necessary taxi-ways, aircraft storage and tie-down area, hangars and other necessary buildings and open spaces.
"Alley" means any public thoroughfare which affords only a secondary means of access to abutting property. "Alteration, Structural" means any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. "Amateur Radio Facility" means a wireless communication facility operated by an FCC licensed amateur radio operator within the Amateur Radio Service (USC Title 47, Part 97). "Amateur Radio Operator" means a person holding written authorization to be the control operator of an Amateur Radio facility. This authorization may be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.
"Antenna" means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also "Satellite dish or satellite antenna." Apartment House. See "Dwelling, Multiple-Family."
Apartment, Efficiency. Efficiency apartment means a dwelling unit in a multi-family building consisting of not more than one (1) habitable room, together with kitchen or kitchenette and sanitary facilities. "Assembly" means the provision of activities for assembled groups of participants at institutions or facilities including but not limited to private and nonprofit clubs; social or fraternal organizations; and churches, temples, synagogues and other places of worship. Assembly uses in the context of groups of people is distinct from and unrelated to the definition of the industrial use "Assembly from pre-processed materials.""Assembly" see “Places of Assembly.”
"Assembly from pre-processed materials" means assembling, packaging, or distributing from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. Assembly in the context of industrial manufacturing is distinct from and unrelated to the definition of "Places of Assembly" involving groups of people.
"Auto" means any motor vehicle requiring a license pursuant to the California Vehicle Code. "Automobile Service Station" means any premises used for supplying gasoline and oil at retail, direct to the customer, including minor accessories and services for automobiles, but not including automobile repairs. "Auto Repair shop" means any shop, building, room, place or space wherein, for compensation, any automobile, other motor vehicle, or any parts thereof, are repaired, remodeled, overhauled, reconditioned, or painted.
"Automobile and Trailer Sales Area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed or sold on the premises.

Public Hearing Draft | Milpitas New Zoning Districts | 3

"Automobile Wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

B
"Bar or nightclub" means a commercial establishment serving alcoholic beverages for consumption on the premises where the service of food is only incidental to the consumption of such beverages. Dancing and live entertainment may also be conducted within the establishment. "Basement" means a story, partly or wholly, underground. For purposes of height measurements, a basement shall be counted as a story where more than one-half (½) of its height is above the average level of the adjoining ground.
"Bay Window" means a window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within. "Bedroom" means any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a Habitable Room, which is constructed in such a manner that less than fifty (50) percent of one (1) wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes, shall be counted as a bedroom in order to determine parking or other requirements. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a "bedroom": one (1) kitchen, one (1) living room; one (1) family or recreation room; one (1) dining room; and the customary sanitary facilities. Planning staff shall determine whether or not a room qualifies as one of the above exceptions.
"Billiard Center" means a place for the public to view and participate in cuesports, such as, but not limited to, billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards. "Billiards" means a "Recreation and Entertainment facility" for the public to view and participate in cue sports, such as but not limited to billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards.
"Block" means that property so designated on an official map of the City, or part of the City, or bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage. "Boarding House" means an establishment where lodging is provided for compensation, generally for stays of more than 30 days, for up to 8 persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.
"Breezeway" means a covered passageway between buildings which does not exceed ten (10) feet in width and which has at least one side open, except for necessary supporting columns. "Building" means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.

Building, Height of. "Height of building" means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, then the height may be measured from the average elevation of the finished grade along the front of the building.

Building, Main. "Main building" means a building in which is conducted the principal use of the lot on which it is situated. The main building shall contain all area within the interior faces of the building, including enclosed areas that are attached. In any "M" district any dwelling shall be deemed to be the main building on the lot on which the same is situated.
4 | Milpitas New Zoning Districts | Public Hearing Draft

Building, Unit Group. "Unit group building" means two (2) or more buildings (other than dwellings) grouped upon a lot and held under single ownership such as universities, hospitals, institutions and industrial plants.

Business, Retail. "Retail business" means retail sale of any article, substance, or commodity for profit or livelihood conducted within a building, but not including the sale of lumber or other building materials or the sale of used or second-hand goods or materials of any kind.
"Business Support Services" means establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity. This term does not include activities or uses that are specifically listed as a conditionally permitted or prohibited use in the applicable zone.

Examples of business support services include but are not limited to:

1. Business equipment repair services (except vehicle repair);

2. Commercial art and design (production);

3. Computer-related services (rental, repair);

4. Copying and quick-printing services;

5. Equipment rental businesses within structures;

6. Heavy equipment repair services where repair occurs on the client site;

7. Janitorial services;

8. Mailbox rentals;

9. Mail advertising services (reproduction and shipping);

10. Other "heavy service" business services;

11. Outdoor advertising services;

12. Protective services (other than office related);

13. Rental, repairs and distribution of office or business equipment;

14. Window cleaning.

Business, Wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building material or the open storage or sale of material or commodity, and not including the processing or manufacture of any product or substance.

C
Camp, Trailer. "Trailer camp" means an area or tract of land used or designed to accommodate two (2) or more automobile or house trailers.
"Catering establishment" means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for serving and consumption.
"Candidate" means any person, party, referendum, initiative or other ballot measure. "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
"Child Care Center" means any child care facility other than a family child care home, in which less than twenty-four (24) hour per day non-medical care and supervision are provided to children in a group setting. It Public Hearing Draft | Milpitas New Zoning Districts | 5

includes infant centers, preschools, and extended child day care facilities, but does not include after school programs.
"Class A Office Space" means a high quality, modern building with large floor plates and amenities that typically attracts rents in the top twenty-five percent (25%) bracket. "College and University, Private" means a privately owned and operated college, community college, or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.
"Commercial Athletic Facility" means a building or site equipped for physical training or athletic type games and sports, such as but not limited to, health spas, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility. "Commercial Fueling Facility" means a fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site, provided that said facility is located not closer than five hundred (500) feet from any residentially zoned district or any area designated on the General Plan as being "residential" or any mobile home park.
"Commercial Laboratory" means a facility for scientific research in technology-intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, films and fibers. "Commissary" means a fixed-location kitchen where food is stored and prepared for off-site vending from mobile food vehicles. Commissaries serving mobile food vendors may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs; but do not include catering service establishments. "Community Garden " means an area where neighbors and residents have the opportunity to contribute to and manage the cultivation of plants, herbs, vegetables, and fruits, generally on property under public or nonprofit ownership. May consist of individually tended plots on a shared parcel or many be communal on a single plot.
"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either of the following:

1. An estate of inheritance or perpetual estate.

2. An estate of life.

3. An estate for years, such as leasehold or sub-leasehold. "Condominium Conversion" means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.
"Conference Center" means a facility used for holding conventions, seminars, workshops or similar activities, including dining facilities and lounges for use by participants, as well as compatible accessory facilities such as offices and business centers.
"Continuing Violation" means a violation, infringement or breach of a provision of this chapter that is uninterrupted and lasts for a continuous period in excess of 24 hours. 6 | Milpitas New Zoning Districts | Public Hearing Draft

"Contractor’s Shop" means an establishment for specialized business activities related to building construction. This classification includes establishments for trades such as painting, carpentry, plumbing, glassworking, heating, air-conditioning, roofing, landscaping, cabinetmaking, and sign-making. “Convenience Store” means a retail establishment selling food, beverages, and small convenience items such as personal hygiene products, cigarettes, magazines, etc. Food and beverage products sold primarily consist of packaged and canned goods, prepared foods and hot drinks for immediate consumption, fountain sodas, etc., with less than 10 percent of net retail floor area allocated for the sale of fresh fruits, fresh vegetables, fresh meat and dairy products, and other similar perishable items. Convenience stores are smaller in floor area than supermarkets/grocery stores (typically 4,000 square feet or less) and have long or late hours of operation (open before 7:00 am or after 10:00 pm).
“Court Dwellings” means a residential development in which there are several freestanding single-family or two-family dwellings with separate walls clustered on a single lot. Units are typically arranged to face around a common open space or drive aisle. If subdivided, a maintenance agreement or homeowners association may govern common areas like driveways or open space.
"Court" means an open unoccupied space, other than a yard, on the same lot with a building or buildings, and bounded on two (2) or more sides by a building, or buildings, including the open space in a dwelling group providing access to the units thereof.
"Court Apartment" means one (1), two (2) or three (3) multiple dwellings arranged around two (2) or three (3) sides of a court which opens onto a street, or a place approved by the Commission. "Curb Grade" means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Chapter.
“Custom and Artisan Manufacturing” means an establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include metalworking, pottery and ceramic studios, film processing, photo finishing, printmaking, lithography, glass furnace, or woodworking.

D
"Data Center" means a facility for the storage of computer systems and associated components. "District" means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Chapter. "Drive Through Uses" means any component or part of a building or structure which attracts or invites persons in motor vehicles to drive their vehicles upon the premises, and which is used to conduct business or used for the purpose of selling merchandise from the inside of said building to the occupants of motor vehicles. "Dry-Cleaning Plant" means an establishment providing onsite, high-volume laundry and garment cleaning services, typically with the use of volatile solvents, including dry cleaning and garment pressing, diaper services, commercial laundries, and linen supply services. These facilities may include incidental onsite customer pick-up services.
"Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels.

Dwelling, Group. "Group dwelling" means one (1) or more dwellings, other than a tourist court, arranged around two (2) or three (3) sides of a court, which opens onto a street, or a place approved by the commission, including single-family, two-family or multiple-family dwellings and court apartments. Group dwelling include homeless shelters and transitional housing.

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Dwelling, Multiple-Family. "Multiple-family dwelling" means a building or portion thereof, designed for occupancy by three (3) or more families living independently of each other.

Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one (1) family for living purposes and having only one (1) kitchen.

Dwelling, Two-Family. "Two-family dwelling" means a building designed exclusively for occupancy by two (2) families living independently of each other.
"Dwelling Unit" means a habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one (1) or more persons living as a family or single household unit with common interior access to all living, kitchen and bathroom areas. No dwelling unit may have more than one (1) kitchen.

E
"EcoPass" means a program offered by the Valley Transportation Agency (VTA) in which employers or property owners purchase annual EcoPass stickers that allow their employees, tenants or residents to ride all VTA bus and light rail vehicles at no cost. "Educational Institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education. "Electronic Smoking Device" means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.
"Elevation" means:

1. A scale drawing of the front, rear or side of a building or structure; or

2. A vertical distance above or below a fixed reference level.

Emergency Cache, Community. "Community emergency cache" means a collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community. "Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code Section 50801(e), as may be amended.
"Erosion" means the wear and removal of the material in the earth's crust from one site and the deposition at another.
"Extended Stay Hotel" means a commercial establishment providing lodging for a fee for guests, generally marketed to long-term visitors on a temporary basis, which contain furnishings and facilities for sleeping, bathing, food preparation and cooking, Kitchen facilities within individual units may include, but are not limited to, counters, refrigerators, stoves, and ovens.

F
"Family" means an individual, or two (2) or more persons related by blood or marriage or legal adoption or joined through a judicial or administrative order of placement or guardianship, or unrelated persons who function together as a single household unit.
"Family Child Care Homes" means a home in which care, protection, and supervision of fourteen (14) or fewer children is regularly provided, in the caregiver's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Such homes are licensed by the State of California and include the following:
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1. "Large family child care home" means a home in which family child care is provided to nine (9) to fourteen (14) children, including children under the age of ten (10) who reside at the home.

2. "Small family child care home" means a home in which family day care is provided to eight (8) or fewer children, including children under the age of ten (10) who reside at the home. "Farmers' Market" means an event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets. "Floor Area Ratio (FAR)" is defined for nonresidential Zoning Districts as the maximum permitted ratio of gross floor area to site area and is calculated as follows:

FAR = Total of Gross Floor Area for All Structures on Site Site Area
"Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

G
Garage, Private. "Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Garage, Public. "Public garage" means a building, other than a private garage, used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

Game Machine, Mechanical or Electronic. "Mechanical or electronic game machine" means any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, token, or any other article or device, or by paying therefore either in advance or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game or any other similar machine or device, exclusive of food, beverage and tobacco vending machine.

Grade, Finished. "Finished grade" means the final elevation of the ground surface after development, as shown on a precise Grading Plan.
"Grocery Store" means any premises wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and prepackaged food. "Grocery Store, Small" means any premises less than 15,000 gross square feet in area wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and pre-packaged food. "Gross Acreage" means the total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right-ofway, including public roadways, easements or other areas, shall not be included as part of the gross acreage. "Gross Floor Area" means the total of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for retail purposes.

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“Group Living Accommodations” means a building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing. This use does not include residential care facilities, nursing homes, hotels, single room occupancy residences, or boarding houses. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit. "Guest House Accessory Building" means a one accessory structure, used for the accommodation of guests.

Said guest house shall not contain any kitchen or cooking facilities but may contain one (1) bedroom, one (1) living area and one (1) bathroom, and shall be limited in floor area to a maximum of twenty (20%) percent of the total floor area of the main residence.

H
"Habitable Space" means a room designed for living, sleeping, eating or food preparation, including but not limited to a den, study, library, home office, sewing room or recreational room and excluding such areas as garages.
“Hazardous Material” means a material identified as hazardous by California Health and Safety Code Section 25502(n).
"Head/Smoke/Tobacco Shop" means a retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, Electronic Smoking Devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when thirty percent (30%) or more of products sold at the retail establishment are smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.
"Home Occupation" means a business enterprise conducted within a dwelling by the residents of the dwelling and which is incidental and secondary to the use the dwelling for residential purposes. "Hospital" means an institution that maintains and operates facilities for primarily inpatient medical care, including x-ray, laboratory and surgical, for the diagnosis, care and treatment of human illness, injury and disease (physical or mental).
"Hotel" means a commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.

I
"Individual Violation" means a noncontinuous condition or occurrence in violation, infringement or breach of a provision of this chapter that does not exceed twenty-four (24) hours in duration. An Individual Violation may be recurrent. Examples of "Individual Violations" for the purposes of this Chapter include, but are not limited to, the illegal outdoor storage of materials, entertainment events, or outdoor seating in violation of a use permit. "Instruction, group and private" means the provision of instructional services, including but not limited to photography, fine arts, crafts, dance or music studios, driving schools, diet centers, yoga, martial arts studios, after school programs or similar uses. This definition does not include instruction received through trade or vocational schools nor a post-secondary school or child care centers. Private instruction includes fewer than six (6) students or clients at any one time and group instruction includes six (6) or more students or clients at any one time. "Intensity" means the degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use.
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"Intensification of Use" means to alter the character of a use to the extent that the use generates new or different impacts on the health, safety, or welfare of the surrounding neighborhood, including but not limited to the level or amount of traffic, noise, light, smoke, odor, vibration, outdoor storage, or other similar conditions associated with the use.

J
"Junk Yard" means the use of more than one hundred (100) square feet of the area of any lot for the storage of junk, including scrap materials and metals, or wrecked vehicles and machinery, whether or not sale of such junk is made or proposed.

K
"Kennel" means any lot or premises on which four (4) or more dogs, more than four (4) months of age, are kept.
"Kitchen (for residential uses)" means a residential kitchen shall be enclosed and interior to the dwelling unit utilized for the preparation of food and include two (2) or more of each of the following:

1. A sink (typically larger than 14ʺ × 17ʺ);

2. A full size refrigerator (typically larger than 24ʺ × 64ʺ);

3. A 220-V electrical service outlet (typically used for major cooking appliances such as a stove, oven or cooking range).

L
"Laundromat" means a primarily self-service facility where customers wash and dry clothing and other textiles in on-site machines, and where ancillary full-service laundry services may also be offered. "Live-Work Unit" means a dwelling unit with a separate living space attached to a work space within the same unit. The work space and the living space must be occupied by the same tenant. Live-work uses allow one non-residential employee, more customers, and a broader range of uses than permitted in Home Occupations. See XI-10-13.12 within Special Uses for Live-Work Unit purpose, intent, and regulations.

Uses permitted or conditionally permitted within the underlining zoning district apply unless otherwise prohibited in Section 10-13.12(E). Additional uses covered by this designation include, but are not limited to:

Art and craft work;
Offices, Business and Professional;
Artists and artisans;
Fashion.
"Loading Area" means an open area, other than a street or alley, used for the loading or unloading of vehicles.
"Loading Space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. "Lot" means land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and lot area as are required by this Chapter and having its principal frontage upon a street or a place approved by the Commission.

1. "Corner lot" means a lot, or portion thereof, not greater than seventy-five (75) feet in width and situated at the intersection of two (2) or more streets.

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2. "Flag lot" means a lot having access or an easement to a public or private street by a narrow, private right-of-way.

3. "Interior lot" means a lot other than a corner lot.

4. "Key lot" means a lot with a side line that abuts the rear line of any one (1) or more adjoining lots.

5. "Reversed corner lot" means a corner lot the street line of which is substantially a continuation of the front line of the lot to its rear.

6. "Through lot" means a lot having frontage on two (2) paralleled or approximately paralleled streets. "Lot Dimensions."

1. "Lot Area" means the total horizontal area within the lot lines of a lot.

2. "Lot Depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.

3. "Lot Lines" means the lines bounding a lot as defined herein. a. In the case of an irregular shaped lot or a lot with more than four (4) sides where there is question as to which are the front, side, and rear property lines in order to determine setbacks and required yards, there shall be at a minimum of one (1) front property line and one (1) rear property line. The rear property line shall be the lot line directly parallel to the front property line and of a width of at least thirty (30) feet in length. If no such lot line exists, the Director of Planning shall make the final determination as to the rear property line of such lot.

4. "Lot Width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

M
"ManufactureManufacturing" means the preparation, making, treatment, or processing of articles as merchandise.
"Massage Establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing off-premises massage services. "Massage Establishment, Accessory" means an establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location. "Medical and Dental Offices" means a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure.
"Medical and Dental Clinics" means the same as Medical and Dental Offices, except they also include minor operating rooms and out-patient surgery with no overnight stay. "Medical Support Laboratory" means a facility for scientific laboratory analysis of medical resources. The analysis is generally performed for an outside customer, to support the work of that customer. "Micromobility Device" means a small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters. 12 | Milpitas New Zoning Districts | Public Hearing Draft

"Mixed Use Development" means a development that consists of vertical or horizontal combination of residential and commercial uses within a single building or site. “Mobile Fueling” means a commercial service that offers on-demand fueling of motor vehicles at a specified location instead of at a service station. Mobile fueling may be provided to individual customers via the use of a mobile app, with fuel delivered to a home, office, or other location requested by the customer. Mobile fueling may also be provided for operators of fleet vehicles at a fixed, semi-permanent or permanent location. "Mobile Home" means a transportable structure designed to be used as a dwelling unit when connected to required utilities.
"Mobile Home Accessory Building or Structure" means any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobile home.
"Mobile Home Lot" means a portion of mobile home park designated or used for the occupancy of one mobile home.
"Mobile Home Park" means any areas or tract of land where mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. "Mobile Home Stand" means the area on which the mobile home is placed when it is stationed on the lot, including the land lying under the mobile home.
"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles or bins, boxes or containers transported by a truck, van or trailer, and used for the collection of recyclable materials.
"Motel" means a building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.

N
"Natural Land Slope" means the average slope of the lot in percent, determined by observation on simple slopes, or more precisely by the formula:

S = 100 I L A
Where:

I is the contour interval in feet;
L is the combined length of the contour lines in scale feet; and A is the net area of the lot in square feet.
"Nonconforming Building" means a building or structure or portion thereof lawfully existing at the time this Chapter became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the district in which it is located. A nonconforming building shall also mean any building or structure built in compliance with all city land use and zoning laws in existence at the time and which does not comply with current development standards, including but not limited to height, setbacks, floor area ratio, maximum lot coverage, maximum size of residence, front yard paving and impervious surface coverage. "Nonconforming Use" means a use which lawfully occupied a building or land at the time this Chapter became effective and which does not conform to the use regulations of the district in which it is located.

O
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"Occupation" means a principal business, profession or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood. "Offices, Business and Professional" means offices of firms or organizations providing professional, management, or administrative services, including but not limited to:

Accounting;
Architectural;
Business accounting, architectural, business and management consulting; Computer, computer and technology;
Engineering; Insurance;
Insurance;
Interior, engineering, insurance, interior design;
Graphic, graphic design;
Real, real estate;
Title, title companies;
Legal, and legal services
. This classification doesincludes co-working spaces designed to accommodate different organizations that provide such services. Does not include medical and dental offices, which have a separate definition. or financial institutions such as retail and commercial banks.
"Open-Air Business" means drive-in business where persons are served in automobiles. "Outdoor Music" means live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), but not including karaoke, that takes place on a patio or other outdoor space. Outdoor music as defined and regulated in this Chapter shall also include recorded background music played outdoors at a public establishment such as a restaurant, bar, retail store, or other business. "Owner/Occupant" means any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property.

P
"Parcel" shall mean a legal lot of record.
"Parcel Hub" means a “last mile” warehouse or similar establishment for the processing and/or redistribution of parcels or products to end-user customers. A Parcel hub’s primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a ten-mile radius.

Parking Area, Private. "Private parking area" means an open area, other than a street or alley, used for the parking of the automobiles of occupants of a building.

Parking Area, Public. "Public parking area" means an open area, other than a private parking area, street or alley, used for the parking of automobiles and available for public or quasi-public use.

Parking Space, Automobile. "Automobile parking space" means a space within a building or a private or public parking area for the parking of one (1) automobile. "Parking Structure" means a structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an 14 | Milpitas New Zoning Districts | Public Hearing Draft

underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
"Patio Cover" means a one-story structure, not exceeding twelve (12) feet in height and open on one (1) or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms or habitable rooms. "Person" means a natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. "Personal Services" means a commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to:

1. Beauty salons and barber shops;

2. Nail salons;

3. Tanning salons;

4. Hair removal salons;

5. Tattoo studios;

6. Body piercing studios.
"Place" means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
"Places of Assembly." See "Assembly""Places of Assembly" means an institution or facility that offers or hosts activities for assembled groups of participants, including but not limited to private and nonprofit clubs; social or fraternal organizations; and churches, temples, synagogues, and other places of worship. This use is distinct from and unrelated to the industrial use "Assembly from pre-processed materials." "Private Recreational Areas" means any usable open space or recreational facility available for use by all of the site's residents.
"Property" means all real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways and any building and structure located on such property. "Public Right-of-Way" as defined in Section V-500-1.13 of the Milpitas Municipal Code, shall mean the full width of the right-of-way of any street or bicycle pathway, as defined in the California Vehicle Code used by the general public, whether or not such street or path has been accepted as and declared to be part of the City system of streets and paths, including streets forming a part of the State Highway System. "Public right-of-way" also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas. "Public Safety Use" means facilities for public safety or emergency services, including police and fire protection.
"Public Service Use" means facilities owned and operated by governmental agencies that provide services to the general public, including but not limited to federal, state and municipal administration buildings, courthouses, and post offices.
"Public Use" means a use intended to serve the whole city and/or region and operated by a public institution or entity. Such uses have the purpose primarily of serving the general public and include public schools, recreational facilities, government housing, government clinics, and the like.

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"Public Utilities" means facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. Also includes service facilities, electric transmission and distribution substations and public utility service centers.

Q
"Quasi-Public Use" means a use intended to serve the whole city and/or region and are operated by a private, nonprofit, educational, religious, recreational, or charitable, and having the purpose primarily of serving the general public. Such uses include religious facilities, private schools, community theaters, community and club organizations, private hospitals, places of assembly and the like. r
R
"Recreation or Entertainment Facility" means a commercial establishment (indoors or outdoors) where patrons can actively participate in entertainment or recreation activities either independently or in conjunction with other uses.
"Recyclable Material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. "Recyclable Processing Facility" means a building or space used for the collection and processing of recyclable materials. Processing means the preparation of material for shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, sorting, shredding, cleaning and remanufacturing. "Repair and Cleaning, Small Items" means a commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, such as laundromats (self-service laundries), dry cleaning pickup stores (where cleaning is done off-site), tailors, shoe repair shops, jewelry and watch repair shops, and locksmiths. Excludes dry-cleaning plants, business equipment and computer repair, heavy equipment and machinery repair, repair and servicing of large and bulky household items such as appliances and furniture, or vehicle repair.
"Research and Development (R and D) Uses" means oneindustrial or more buildings which feature a combination of offices, manufacturing, assembly, warehousing, distribution, laboratoriesscientific research for the design, development, engineering and testing of high technology, clean rooms,technology, industrial, or scientific products. Research and ancillarydevelopment uses suchmay include limited manufacturing as cafeteriasnecessary for the production of prototypes, but exclude the full-scale manufacturing of final products.

Research and employee fitnessdevelopment uses may also include storage space for raw materials and/or finished goods that actively supports the primary use.
"Residential Care Facility" means a facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living for more than six individuals. Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities. for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions. "Restaurant" means an establishment in which the principal use is the preparation and sale of food and nonalcoholic beverages. If approved, the service of alcoholic beverages is incidental to the principal use.

1. "Drive-in" means a restaurant that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

2. "Drive-thru" means a restaurant which includes one (1) or more drive-through lanes for the ordering and receipt of foods and/or beverages by patrons remaining in their vehicles. 16 | Milpitas New Zoning Districts | Public Hearing Draft

3. "Fast-food" means a restaurant that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared. Orders are generally not taken at the customer's table, and food is generally served for consumption either on or off the premises. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.

4. "Take-out" means a restaurant where foods and/or beverages are sold directly to the customer in a ready-to-consume state for consumption off site with no seats onsite. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.
"Retail Stores, General Merchandise, Limited" means retail trade establishments selling linesan establishment which offers the sale of a limited line of merchandise. that is generally necessary or desirable for everyday living or everyday business activities. Examples of general retailinclude small grocery stores offering primarily prepared or pre-packaged food and lines of merchandise include but are not limited to:

1. Art supply;

2. Antiques;

3. Bakeries (retail only);

4. Bicycles;

5. Books;

6. Candybeverage items, small drugstores and variety stores;

7. Clothing and accessories;

8. Collectables;

9. Fabrics and sewing supplies;

10. Floral;

11. Gifts (novelties and souvenirs);

12. Hobby materials;

13. Jewelry;

14. Luggage and leather goods;

15. Music stores;

16. Office supplies and, small stationery;

17. Sporting goods and equipment;

18. Toys and games;

19. Tuxedo and formalwear rental;

20. Variety , office supply stores, shops selling other small household goods, and walk-out retail stores;

21. Video rentals and sales.. This classification excludes convenience stores. "Retail Stores, General Merchandise" means retail trade establishments selling lines of merchandise. This classification excludes convenience stores. Examples of general retail stores and lines of merchandise include but are not limited to:

1. Art supply;
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2. Antiques;

3. Bakeries (retail only);

4. Bicycles;

5. Books;

6. Candy stores;

7. Clothing and accessories;

8. Collectables;

9. Fabrics and sewing supplies;

10. Floral;

11. Gifts (novelties and souvenirs);

12. Hobby materials;

13. Jewelry;

14. Luggage and leather goods;

15. Music stores;

16. Office supplies and stationery;

17. Sporting goods and equipment;

18. Toys and games;

19. Tuxedo and formalwear rental;

20. Variety stores;

21. Video rentals and sales.
"Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic containers, and issues a cash refund or a redeemable credit slip. A reverse vending machine sorts, and processes containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reserve vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

S
"Satellite Dish Antenna or Satellite Antenna" means any device incorporating a reflective surface that is solid, open mesh or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals. This definition includes antennas that are sometimes called "SES," "TVRO," "TVBS," and "DBS."
"School: Elementary, Middle, or High" means an institution which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. "School, trade and vocational" means an establishment where training is received to learn a particular trade or craft that involves skilled labor. Trades and crafts include but are not limited to the various construction trades, auto mechanics, machining, HVAC installation/repair/maintenance and similar trades and crafts. 18 | Milpitas New Zoning Districts | Public Hearing Draft

"Service Station" means any premises used for supplying gasoline and oil at retail, direct to the customer, including minor accessories and services for automobiles, but not including automobile repairs.

Setback. See "Yard."
“Self-Storage or Mini-Storage” means the storage, generally of furniture and/or other household items, in small individual units (typically 400 square feet or less) that are available for rental by the general public. "Short-Term Rental Unit" or "Short-Term Rental" or "STR" means the use of a dwelling unit, including, without limitation, a single-family, two-family, or multiple-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.

Signs. For purposes of Section XI-10-24, Sign Regulations, of this Chapter, the following definitions shall apply:

1. "Abandoned Signs" means any sign used for advertising or other purposes where the business it advertised or the use or event it supported has ceased operation for or occurred more than ninety (90) days prior to the sign's posting.

2. "Abate" means to repair, replace, remove, destroy, or otherwise remedy the condition in violation of this Chapter.

3. "A-Frame Sign" means and includes a sign that is portable, is capable of standing without support or attachment, and folds open in the form of an "A" or "sandwich-board".

4. "Ancillary services sign" means a sign displaying ancillary services such as smog services, lotto, or that represent trade affiliations, such as credit card services, or other similar services and not for the purpose of displaying products being sold.

5. "Approved Plastics" means those materials specified in the U.B.C. Standard No. 52-1 which have a flame spread rating of 225 or less and a smoke density not greater than that obtained from the burning of untreated wood under similar conditions when tested in accordance with U.B.C. Standard No. 42-1 in the way intended for use. The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions.

6. "Architectural Sign" means and includes a sign used for advertising purposes which constitutes an integral part of a roof or marquee and is designed with an intent and purpose to relate to the architectural style of the main building.

7. "Area Identification Sign" means and includes a permanent sign which serves to identify an area.

8. "Awning sign" means any sign or graphic attached to, painted on or applied to an awning or canopy.

9. "Balloon Sign" means and includes any large [over three (3) cubic feet in size] inflatable hot/cold air or helium balloon that is used as an advertising device for any business or promotional event.

10. "Banner Sign" means and includes a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame.

11. "Blade Sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning, or arcade with the exposed face of the sign in a plane that is perpendicular to the plane of the building wall.

12. "Building Perimeter" means the total exterior wall length for any and all buildings intended for human occupancy, as measured at the ground elevation. No second story or subsequent upper story areas shall be considered as a part of this calculation.

13. Canopy Sign. See awning sign.

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14. "City Identification Sign" means and includes a sign placed at the point of entry to the City of Milpitas for the purpose of informing a person that they are entering the City of Milpitas.

15. "Construction Sign" means and includes a sign placed on the property where site work, building construction and/or a tenant improvement within an existing building is in progress. The sign may denote that a business will be opening soon, the opening date, names of the architect, engineer, contractor, future business and lending agency.

16. "Directional Sign" means a sign which guides and directs motorists to a specified destination in the most direct manner possible.

17. "Display Surface" means the area made available by the sign structure of building surface for the purpose of displaying the advertising message.

18. "Electric Sign" means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

19. "Erect" means to build, construct, attach, hang, place, suspend or affix.

20. "Exposed raceway" means an enclosure or conduit that is used to conceal wiring for a lighted sign and is visible from any elevation, typically located between the sign and the building to which the sign is attached.

21. "Flag" means a visual device with no commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a pole or post and may be raised or lowered.

22. "Flag sign" means a visual display device with commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a post, or pole and may be raised and lowered.

23. "Freestanding Sign" means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, or partially supported and attached to any building, other structure, or foundation on the ground.

24. "Garage Sale Sign" means a sign used primarily for the purpose of advertising a "garage sale" and/or "yard sale" at a residence.

25. "Grand Opening Sign" means and includes banners, pennants, flags, balloons, and similar advertising devices when used only for bona fide grand-opening functions, new ownership, name change, or the reopening of a business that has completely closed for remodeling for at least two weeks.

26. Graphic Panel, Freestanding. Freestanding graphic panel means a freestanding sign located within five feet of the main building wall, which relates to the architecture of the building and depends primarily on a graphic image for delivering its advertising message. Graphic panels do not count as freestanding signs. The display area on graphic panels counts towards overall sign area.

27. "Impact Resistive Plastic" means any plastic material capable of resisting fifty (50) foot pounds of force as tested in accordance with ANSI/UL 972 Multiple Impact Test or any similar test procedure.

28. "Information Sign" means and includes signs providing courtesy information, or direction to the public without advertising the business products, or services such as hours, entrance, exit, self-serve, credit cards, restrooms, telephone drive-up, or which serves to direct motorist and pedestrians on private property.

29. "Joint Use Sign" means and includes a freestanding sign for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are encouraged. 20 | Milpitas New Zoning Districts | Public Hearing Draft

30. "Logo" means a trademark, or symbol of an organization which is registered with the federal or State government and consistently used in conducting the business activities of said organization.

31. "Marquee" means a permanent roofed structure, attached to, and support by the building and projecting beyond the main building.

32. "Multi-use Structures" means any commercial, industrial, quasi-public, or agricultural farm products sales use, containing five or more stores, or businesses on a single parcel of land.

33. "Mural" means a display, or illustration painted on a building, or wall within a public view not intended to advertise a product, service, or business, and therefore is not considered a sign.

34. "Mural sign" means a display, or illustration painted on a building, or wall intended to advertise a product, service, or business.

35. "Noncombustible Material" means any material which will not ignite at, or below a temperature of one thousand two hundred (1,200) degrees during an exposure of five (5) minutes, and which will not continue to burn or glow at that temperature. Tests shall be made as specified in U.B.C. Standard No. 4-1.

36. "Nonstructural Trim" means the molding, battens, capping, nailing strips, latticing, cutout, or letters and walkways which are attached to the sign structure.

37. "Off-site Advertising Display" means any sign that advertises, or informs about a business organization, event, goods, products, services, or uses not available on the property upon which the sign is located.

The term "Off-site Advertising Sign" does not include Joint Use Sign, Temporary Tract Advertising Signs for subdivisions under construction in the City, Open House Directional Signs, Garage Sale Signs, Off-site Public Information Signs, off-site directional signs for purposes of identifying regional shopping centers, and Temporary Tract Advertising Signs.

38. "Off-site Directional Sign" means any sign that provides direction to retail, community, and cultural events not available on the property upon which the sign is located.

The term "Off-site Directional Sign" does not include Garage Sale Signs, Joint Use Signs, Official City or Citysponsored signs, Off-site Directional Signs identifying regional shopping centers, Off-site Public Information Signs, Open House Directional Signs, and Temporary Tract Advertising Signs.

39. "Off-site Public Information Sign" means a sign that is placed proximate to a major city entry on privately owned property that is used to provide non-advertising information and/or identification symbols or plaques to the public for civic organizations, service clubs or other quasi-public uses and is erected within the public right-of-way.

40. "Open House Directional Sign" means a sign, no larger than six (6) square feet in sign area per side, used primarily for the purpose of directing traffic to a house being offered for sale or lease.

41. "Other Advertising Structure" means any device erected or used for the same purpose as a sign, whether erected, or used:
a. Exclusively for advertising purposes, upon which any poster bill, printing, painting device, or other advertisement or identification of any kind whatsoever may be placed, posted, painted, fastened, or affixed.
b. Exclusively for advertising purposes and including any spectacle, display or advertising statuary.

42. "Permanent Sign" means every sign except temporary sign as defined herein.

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43. "Political Sign" means a sign which is designated to influence the action of the voters, and election, or defeat of a candidate for the nomination, or election to any public office, or a measure appearing on the ballot at any national, state, district, or local election.

44. "Portable" means an object that is capable of being borne or carried, easily transported, or conveyed without difficulty.

45. "Portable Sign" means and includes a sign that is portable and capable of being borne, or carried, easily transported, or conveyed without difficulty, is capable of standing without support or attachment, is unattached to any structure, and is used for advertising purposes.

46. "Projection" means the distance by which a sign extends over public property or beyond the building line.

47. "Projecting Sign" means a sign other than a wall sign which projects from, and is supported by a wall of a building or structure.

48. "Public Information Sign" means a sign erected for the sole purpose of displaying advertising for community activities and/or identification symbols or plaques for civic organizations or service clubs.

49. "Public Street Frontage" means a publicly owned street immediately adjacent to the parcel, for purposes of sign area and height calculations. Public streets for which the parcel does not have access rights are not included for purposes of any sign calculations.

50. Raceway. See "exposed raceway."

51. "Regional Shopping Center" means any commercial development on one (1) or more parcels of land which are contiguous, or across from a right-of-way which contains a gross land area of at least thirty (30) acres or a gross building area of at least 200,000 square feet. Current regional shopping centers are McCarthy Ranch Marketplace, the Town Center shopping center, and the Great Mall and its outparcels zoned General Commercial.

52. "Roof Sign" means a sign erected upon or above a roof or a part of a parapet of a building or structure.

53. "Scoreboard Sign" means a sign located on scoreboard structures located in an adult or youth outdoor playing field on public property and shall be for products or businesses available to persons of all ages.

54. "Shopping Center" means any commercial development containing five (5) or more stores or businesses on one (1) or more parcels of land operating as an integrated use and having a gross parcel area of five (5) or more acres.

55. "Shopping Center Identification Sign" means a sign located on the site of a shopping center or regional shopping center that states the name of the shopping center or regional shopping center.

56. "Sign" means every announcement, declaration, demonstration, display, illustration insignia, surface, or space when erected or maintained out of doors in view of the general public for identification, advertisement or promotion of the interests of any person.

57. "Sign Area" means the area of a sign to be calculated that includes all lettering, wording, and accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which is affixed or upon which it is painted. In the case of a freestanding sign, the supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in a manner as to form an integral background of the sign.

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters. Provided however, that where such individual type letters or symbols are separated more than thirty-six (36) inches from each other, those letters or symbols shall be calculated separately.
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