Agenda packet — Milpitas City Council, June 11, 2024 (part 2 of 2)

Attachment 1

48. Utility Company Approval Permittee shall obtain approval letters from utility companies (PG&E, AT&T, Comcast) for abandonment of existing and dedication of new public service utilities easements.

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

50. Covenant, Conditions & Restrictions (CC&Rs): Permittee shall provide CC&Rs for City’s review and approval for perpetual maintenance of private roadways, private utilities, stormwater management facilities in accordance with a separately recorded Stormwater Management Facilities Operation and Maintenance Agreement, etc. There shall be provisions in the CC&Rs to retain a recycled water site supervisor with annual re-certification report to the City’s Public Works Department.

51. Subdivision Improvement Agreement and Securities: Permittee shall execute a Subdivision Improvement Agreement and provide improvement securities in accordance with MMC Title XI, Section 17, and submit all other supplemental documents as stipulated in the Improvement Agreement (such as certificate of insurance).

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

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

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

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

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

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

57. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Section 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit.
a) Installation of separate water service tap and meter for each of the following services:
residential, fire and irrigation.
b) Installation of separate utility service laterals (domestic water, fire service, sanitary sewer) for each residential building at minimum.
c) Installation of radio-transmitted water meters with a meter antenna, any repeaters or transmitters as needed with dedicated power supplies at no cost to the City at locations acceptable to the City to ensure accurate and timely reception of meter readings.

Permittee shall execute a recorded instrument providing dedicated space, access rights and dedicated power supplies to the City for operation/maintenance/repair/replacement of subject radio antenna.
d) Removal and installation of new curb, gutter and sidewalk, signage and striping, and street lights along the complete street of Tarob and Sango Court shall comply with the applicable TASP design standards and details.
e) Installation of curb ramps and driveway at the entrance of Street A, Street B, and the future City park connection to South Milpitas Blvd.
a. Pending City’s final design of the future park and South Milpitas Boulevard extension, the City may require a revision to the proposed driveway entrance and redesign it to curb returns This revision may impact the location of the proposed crosswalk and curb ramps.
f) Installation of full-depth street sections with asphalt concrete and aggregate base along the project street frontage at Tarob and Sango Court to the City Engineer’s satisfaction. g) Installation of new street tree wells along the project frontage. The locations, spacing of tree wells and tree species shall be in compliance with applicable City standards and details.
h) Relocate the existing 12” Water Main along the frontage of both Tarob and Sango Court to avoid conflicts with the new street alignment. The permittee shall connect the new 12” water main to the existing 12” water main in Tarob and Sango Court per City Standards.

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i) Installation of new 8” Recycled Water Main on Tarob and Sango Court. The permittee shall connect the new 8” Recycled Water main to the existing 8” Recycled Water Main on Tarob and Sango Court per City Standards.
j) Developer to furnish an additional street light pole and be delivered to the Public Works Corp Yard for storage and future use in the event of a pole getting damaged. k) Flashing beacons shall be installed at the future S. Milpitas Blvd. extension intersection, as referenced in Condition #67.

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

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

60. Maintenance Agreement: Permittee shall record a Maintenance Agreement for perpetual maintenance of certain public improvements, such as landscaping if mutually agreed between the City and the Permittee.

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

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

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

64. Right of Way Dedication: The developer shall furnish all needed documents such as plat and legal and grant deeds for the dedication of right of way on the City parcel located at 1841 Tarob Court. Once City Council has approved the document, developer shall record the document with the County.

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

65. Final Map Recordation: Permittee shall record the final map.

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

67. Fee Reimbursement Agreement: Permittee shall provide engineer’s estimate to construct 50% of the future Sango Court to Tarob Court street extension per TASP residential standards and guidelines on the northern project frontage and the flashing beacons (as referenced in Condition No. 57(k) within the Resolution). This shall include all costs associated with removal and modifications of interim northern project frontage improvements and installation of TASP roadway, sidewalks, decorative concrete paving stalls, street lights, street furniture, landscapes, utilities, etc. The engineer’s estimate shall be

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subjected to the City Engineer’s review and approval. Any reimbursement shall be part of the Fee Reimbursement Agreement approved by City Council prior to Building Permit Issuance.

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

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

69. Stormwater Management Facilities O&M Agreement: Permittee shall execute and record a Stormwater Management Facilities Operation and Maintenance (O&M) Agreement associated with the SWCP O&M Plan, including perpetual maintenance of treatment areas/units, as reviewed and accepted by the Engineering Department. The subject O&M Agreement shall be referenced in the CC&Rs, if applicable.

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

71. Recycle Water Approval: Permittee shall use recycled water for landscape irrigation purpose, except for the interior courtyard/podium areas within the building footprint where the potable water shall be used for irrigation. Permittee shall comply with California Code of Regulations (CCR), Title 22, Division 4, Chapter 3, titled “Water Recycling Criteria”, CCR, Title 17, Division 1, Chapter 5, Subchapter 1 titled “Drinking Water Supply” and all other recycled water regulations as listed under the publication titled “California Department of Public Health Regulations Related to Recycled Water June 18, 2014”. Permittee shall obtain approval from the California State Water Resources Control Board/Division of Drinking Water, South Bay Water Recycling and the City for recycled water design, including but not limited to on-site irrigation design, based upon South Bay Water Recycling Guidelines and City of Milpitas Supplemental Guidelines. All landscape plants shall be compatible with recycled water.

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

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

74. Recycling Report Prior to Demolition Permit Issuance: Permittee shall submit Part I of a Recycling Report on business letterhead to the Building Department, for forwarding to the Engineering Department for review and approval. The report shall describe the following resource recovery activities:
a. What materials will be salvaged.
b. How materials will be processed during demolition.
c. Intended locations or businesses for reuse or recycling.

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d. Quantity estimates in tons (both recyclable and for landfill disposal). Estimates for recycling and disposal tonnage amounts by material type shall be included as separate items in all reports to the Building Division before demolition begins.

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

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

76. Flood Plain Management: This project is in the Flood Zone “AO” with 1’ average flood depth, therefore, Permittee shall comply with all applicable flood protection criterion required by the Federal Emergency Management Agency (FEMA) and MMC Title XI, Chapter 15. Permittee shall also submit a Flood Study for the Project demonstrating, to the satisfaction of the City Engineer, that the proposed development has no adverse impact to the surrounding flood plain within the Special Flood Hazard Area (SFHA) and to the flood carrying capacity of the area. The study should include cumulative effects of existing and proposed developments demonstrating the combined effects will not increase the water surface elevation of the Base Flood Elevation (BFE) more than one foot at any point. For the AO Flood Zone, the flood study is required to establish the BFE, and set the building elevation accordingly. The flood study shall be consistent with the requirements in accordance with Title 44 of the Code of Federal Regulations by establishing a hydraulic model and HEC-RAS. The study shall clearly identify the lowest floor elevation as being either the bottom of garage, bottom of first floor residential units, bottom of elevator pit, etc. and shall be completely elevated out of the SFHA.

77. Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “g” are based upon current fee rates; however, those fee rates are subject to change. The exact fee amount shall be determined at the time of building permit fee payment. a. Storm water connection fee at $16,771/acre for residential. b. Water connection fee at $1,910/unit for residential based upon increased water usage. c. Sewer connection fee at $1,908/unit for residential based upon increased average wastewater flow.
d. 3.8% of applicable fees in accordance with City Resolution No. 8969 as Permitting Automation Fee.
e. FEMA Flood Zone Designation Letter fee in the amount of $100.00 each. f. Public Art Fee or Public Art on site, as set forth in Milpitas Municipal Code Section XI10-14. g. Transit Area Specific Plan (TASP) fee to be calculated at time of Building Permit Issuance.

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

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79. Foundation Design: Building foundations adjacent to public utilities shall be designed to be selfsupporting such that the building weight is not required to be supported during shoring and excavation of adjacent utilities. If any project building is located next to a City easement, the City is not responsible for any foundation damage that would occur due to excavating in the event of servicing or repairs in that easement.

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

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

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

82. Prohibition of Potable Water Usage: Permittee’s cross-connection specialist shall coordinate the phasing of the construction; facilitate the cross-connection testing in order to minimize the impact for occupied buildings during cross-connection testing; sign-off before the water meter set; coordinate onsite construction inspection; complete the site inspection; fill out required paperwork/questionnaire; and provide them to the City for forwarding to South Bay Water Recycling. Developer shall notify SBWR 7 days in advance to schedule attendance of SBWR inspector during Cross-connection Test.

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

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

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

85. Completion of Public Improvements: Permittee shall complete all public improvements, including but not limited to Tarob Court, Sango Court, connection to 355 Sango Court, and frontage improvements, as shown on City approved plans.

86. LOMR-F: Permittee shall submit a FEMA approved LOMR-F for each unit/building associated with the requested occupancy, if the project is located in the SFHA. CLOMR and LOMR shall be provided to the City once FEMA begins accepting new applications. Certificate of Occupancy for each individual unit shall be granted prior to FEMA approval of a LOMR-F upon demonstration by the permittee that flood insurance is in place for the unit to be occupied. Once an approved LOMR-F has been obtained for the individual unit associated with the requested occupancy, the flood insurance requirement will be waived.

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87. Elevation and/or Flood Proofing Certificate: Permittee's civil engineer shall submit Elevation and/or Flood Proofing Certificate for the lowest finished floor elevation of each building for City record.

88. Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes ordinance. (E/P)

89. Certificate of Cross-Connection: Permittee shall ensure that the cross-connection specialist complete the required recycled water construction inspection checklist, cross connection test results and any special inspection checklist as required by the South Bay Recycling Program http://www.sanjoseca.gov/index.aspx?NID=1595 and forward them to the City.

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

91. Private Job (PJ) Balance: Permittee shall pay for any remaining balance from the Private Job deposit.

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

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

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

Dated: _________________ ______________________________________ Signature of Permittee

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MILPITAS PLANNING COMMISSION

STAFF REPORT
May 22, 2024
APPLICATION: NEW MULTI-FAMILY HOUSING – 1905 TAROB COURT – P-SD23-0011, P-UP23-0007, P-MT23-0001, P-DB23-0002, PTR23-0015, AND P-EA23-0002. A Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to remove and replace 21 ordinance-sized trees and develop a multifamily residential project with 43 townhomes and 13 accessory dwelling units. The residential development will consist of eight multi-family residential buildings up to 39 feet in height (three stories), with 104 vehicle parking spaces and associated site improvements (Project) on a 2.3-acre site located in the HighDensity Residential (R3-TOD) Zoning District with a Transit Oriented Development Overlay at 1905 Tarob Court. The Project is located within the Milpitas Metro Specific Plan and Former Transit Area Specific Plan area and submitted under California Senate Bill 330 (Housing Crisis Act of 2019).

RECOMMENDATION: Staff recommends that the Planning Commission open and close the public hearing, consider the exemptions in accordance with CEQA, and adopt Resolution No. 23-021, recommending that the City Council approve Site Development Permit No. SD23- 0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No. MT23-0001, Density Bonus Permit No. DB23-0002,
Tree Removal Permit No. TR23-0015 and Environmental
Assessment No. EA23-0002, subject to the Conditions of
Approval.

PROJECT LOCATION:

Addresses and Assessor's
Parcel Number (APN): 1905 Tarob Court (086-36-041)
Area of City: Transit Area Specific Plan (TASP): Trade Zone/Montague Subdistrict (Previous) / Metro Milpitas Specific Plan (Metro):

Tango District (Current)
PEOPLE:

Project Applicant: Nick Kosla, Land Entitlement Director Toll Brothers, Pleasanton, CA
Consultant(s): Architect: SDG Architects, Inc., Brentwood, CA Civil Engineer: Ruggeri-Jensen-Azar, Pleasanton, CA
Landscape Architect: R3 Studios, Oakland, CA

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Property Owner: Geomax, Santa Clara, CA
Project Planner: Michael Fossati, AICP, Senior Planner
LAND USE:

General Plan Designation: Milpitas Metro Specific Plan (MMSP) Specific Plan Designation: Multi Family Very High-Density Transit Oriented Residential (R3-TOD) / Urban Residential (URR)
Zoning District: Multiple-Family High-Density with Transit Oriented Development Overlay (R3-TOD) / Metro Urban Residential (R5-Metro)
ENVIRONMENTAL: The Project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15183.3(b) (Residential Infill). As a separate and independent basis, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15182 (Projects pursuant to a Specific Plan).

EXECUTIVE SUMMARY
The City of Milpitas received an application from Toll Brothers (applicant) requesting a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to allow the development of a 43-unit townhome condominium subdivision, comprised of eight multi-family buildings up to 39 feet in height, 104 parking spaces, and associated site improvements on a 2.3-acre site located at 1905 Tarob Court in the Tango District of the Milpitas Metro Specific Plan (formerly Trade Zone/Montague Subdistrict of the Transit Area Specific Plan - TASP area). The application was submitted in accordance with California Senate Bill 330 (SB 330), also known as the Housing Crisis Act of 2019.

Since the applicant qualifies for SB 330 status and submitted a pre-application before the adoption of the Milpitas Metro Specific Plan, the Project will be reviewed against the TASP area development standards as required by state law under Government Code section 65589.5(o).

The Project consists of 6 two-bedroom, 11 three-bedroom, and 26 four-bedroom townhome condominium units. All 43 townhome units will have an attached two-car garage. 8 of the fourbedroom units will also have a ground-floor, attached accessory dwelling unit (ADU). All ADUs will be studio units. 6 of the townhome condominiums (1 two-bedroom, 1 three-bedroom, and 4 four-bedroom townhomes) will be reserved for moderate-income households (below 80 percent Average Median Income) and must pay an Housing in-lieu fee of .45 to fully comply with the City's Affordable Housing Ordinance.

Since the applicant proposes to restrict the sale of more than 10 percent of the townhome units to moderate-income households, the Project qualifies for one concession and multiple waivers under the State Density Bonus Law.

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The proposed Project requires five entitlement approvals, as follows:

1. Site Development Permit No. SD23-0011: To allow the development of eight multi-family buildings, up to three stories in height, with 43 townhouse condominiums and 13 accessory dwelling units on the 2.3-acre site; and

2. Conditional Use Permit No. UP23-0007: To allow the subdivision of the residential units into condominiums; and

3. Vesting Tentative Map No. MT23-0001: To establish 43 residential condominium spaces, related common areas, and associated easements; and

4. Density Bonus Permit No. DB23-0002: To ensure the Project is compliant with State Density Bonus law and regulations; and

5. Tree Removal Permit No. TR23-0015: To remove 21 ordinance-sized trees and replace them with 107 new trees.

Although not an entitlement, Environmental Assessment No. EA23-0002 was prepared to establish CEQA compliance.

Staff has found the required entitlements comply with the policies, standards, and processes outlined in the State Density Bonus Law, the City of Milpitas 2040 General Plan, the Transit Area Specific Plan (TASP), the Zoning Ordinance, and other provisions of the Milpitas Municipal Code (MMC), and recommends that the Planning Commission open and close the public hearing, consider the exemptions in accordance with CEQA and adopt Resolution No. 23-021, recommending approval of the Project to the Milpitas City Council, subject to the conditions of approval. The balance of this report provides specific details regarding the Project.

BACKGROUND
History
Currently, there is one 35,000-square-foot industrial building onsite. Light industrial uses have operated within this building for approximately 35 years. However, the surrounding neighborhood began transforming into multi-family residential uses, consistent with the transit-oriented vision established by the Transit Area Specific Plan, adopted in 2008. As this area transitions into a moderate to high-density residential lands, new amenities and trails will be developed to provide bicycle and pedestrian connections to local parks and commercial areas.

The Project site is located within the Trade Zone/Montague Sub-District of the TASP. This subdistrict is located east of Montague Expressway and south of Capitol Avenue, extending to the city limits on Trade Zone Boulevard and Lundy Place. On the Tarob Court side of the sub-district, the TASP envisions a moderate-to-high density residential area, with ample green space, parks and trails along Penitencia Creek. Development along Montague Expressway is intended to be lined by mid and high-rise mixed-use buildings that buffer the internal lower density residential uses from noise and traffic.

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On February 3rd, 2023, the applicant submitted a preliminary application pursuant to California Senate Bill 330 (SB 330) for a 43-unit townhome subdivision, which includes 13 ground-floor accessory dwelling units (ADUs).

On February 7th, 2023, the City of Milpitas adopted the Milpitas Metro Specific Plan (MMSP) to replace the TASP. The MMSP will continue to manage the transformation of high-density residential neighborhoods into vibrant transit-oriented communities with a mix of housing, retail, entertainment, and employment uses and a safe and attractive network of parks and trails. The Tarob Court residential redevelopment is highlighted in the MMSP and remains consistent with TASP. Since the SB 330 pre-application was submitted prior to the MMSP’s adoption, the applicant has a vested right under state law to follow the development standards under the TASP, and not under the MMSP.

On July 25th, 2023, the applicant submitted a development application for the same townhome development. The architecture and design of the Project will remain consistent with the other townhome projects (Geomax I) currently being developed by Toll Brothers. Geomax I is a 78 townhome condominium unit development being constructed west of 1905 Tarob Court. Another moderate density townhome project is being developed by KB Home at 2001 Tarob Court, which is less than a quarter mile from the Project site.

California Senate Bill 330 (Housing Crisis Act)
California Senate Bill 330 (SB 330) is a statewide bill intended to accelerate housing production in California. It became effective on January 1, 2020, and Senate Bill 8 (SB 8) extended SB 330 through January 1, 2030. Under SB 330, eligible projects receive enhanced streamlining and vesting opportunities by filing a preliminary application. Those benefits include:
• Freezes the ability of local governments to downzone, adopt new development standards, or change land use in residential and mixed-use areas if the change results in less-intensive uses.
• Allows developers to request approval of housing developments that exceed density and design controls of the underlying zoning if the existing zoning conflicts with the General Plan or a Specific Plan.
• Expedites the permitting process for all housing development and limits the list of application materials that cities can review.

Through the Housing Accountability Act, the state requires a local jurisdiction to approve housing consistent with applicable, objective land use standards. Under the State Density Bonus Law, the state also requires a local jurisdiction to approve waivers and concessions for projects that meet certain affordability requirements. Consistent with state law, planning staff has determined that the Project is consistent with applicable, objective development standards provided under SB 330 and meets the requirements for waivers and incentives/concessions under the State Density Bonus Law. A local government agency can deny an eligible housing project only if there is strong evidence that denial is the only way to avoid an adverse impact on public health and safety.

PROJECT DESCRIPTION

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Overview
The Project consists of 43 townhome condominium units, 13 attached accessory dwelling units, and associated site improvements, including private alleyways and outdoor amenity spaces. The townhomes will range from 1,288 to 2,191 square feet in size. 13 townhomes will include an attached accessory dwelling unit (ADU) ranging in size between 282 and 361 square feet. The Project also provides 104 vehicle parking spaces (86 spaces within 43 -two car side by side garages, 18 surface spaces for guests). The applicant will also deed restrict and market 6 townhomes to moderate-income households and pay an in-lieu fee to comply with the City’s affordable housing requirement.

Since more than 10 percent of the townhome units are reserved for moderate-income households, the Project is eligible for certain concessions, waivers, and parking incentives under State Density Bonus Law (Gov. Code § 65915 et seq.). The “Project Analysis” section of this staff report includes a full discussion of the State Density Bonus provisions related to this Project.

Location and Context
The Project is located on a 2.3-acre site on the west side of Tarob Court in the southern portion of Milpitas. Figure 1 shows the Project location:

Figure 1 – Aerial Map - 1905 Tarob Court

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The property is located within the Transit Area Specific Plan (also known as the Milpitas Metro Specific Plan) area and zoned Multi-Family High-Density Residential with a Transit-Oriented Development Overlay (R3-TOD). Table 1 and Figure 2 below summarize the land use designation and surrounding zoning of nearby properties:

Table 1: Surrounding Zoning and Land Uses (Under TASP)
General Plan Zoning Existing Uses
Subject
Site
Milpitas Metro
Specific Plan
Multi-family
High-Density Residential
(R3-TOD)
Non-conforming
Light Industrial
North Milpitas Metro
Specific Plan Permanent Open Space Non-conformingLight Industrial South Milpitas Metro
Specific Plan
Multi-family
High-Density Residential (R3) Future Townhomes
East Milpitas Metro
Specific Plan
Multi-family
High-Density Residential (R3)
Townhomes
West Milpitas Metro
Specific Plan Permanent Open Space
Augustus Rathbone
Park / Nonconforming
Light Industrial
Figure 2 – Zoning Map – 1905 Tarob Ct. (Under TASP)

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PROJECT ANALYSIS
This section will evaluate elements of the proposed Project for conformance with the Milpitas 2040 General Plan, the 2008 Transit Area Specific Plan, the Zoning Ordinance, and other provisions of the Milpitas Municipal Code, Senate Bill 330, and State Density Bonus Law.

General Plan Conformance
The General Plan designation for the Project site is MMSP, which was adopted on February 7, 2023. Since the applicant submitted a pre-application and invoked SB 330 on February 3rd, 2023, the TASP development standards currently apply. The MMSP and TASP standards intend to facilitate higher intensity, mixed-use neighborhood development near the Milpitas Transit Center to encourage walking, biking, and alternative modes of transportation for residents and employees in the immediate area.

The Project is in conformance with the applicable policies and standards in the City's General Plan, as outlined in Table 2:

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

Consistent. The Project provides townhome
condominiums and accessory dwelling units.

This variety of housing types will meet the
needs of individuals, families, and residents of
all demographics and income levels. The
Project includes 6 affordable and 37 marketrate townhome condominiums, consistent with the policy to provide housing types for all
income levels.

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Policy Conformance
Policy LU 1-8: Maintain equitable land use
patterns to ensure that all residents in
neighborhoods have access to community
amenities and transportation choices, and
have safe places to walk and bike.

Consistent. The Project is located directly east
of the future Augustus Rathbone Park
extension. Furthermore, the Project’s off-site
improvement plan includes connecting Tarob
Court with Sango Court, which will provide
Tango District residents an additional
connection to Montague Expressway. These
improvements will ensure all residents in the
Tango District area have greater access to
community amenities and transportation
choices.

Policy LU 5-3: Ensure new development is
consistent with specific height limits
established within the City's Zoning
Ordinance as applied through the zoning
district for all properties within the City.

Consistent. The Project meets the height
standards by proposing three-story buildings,
up to 39 feet in height, in a zoning district that
allows building heights up to 75-feet. The
Project's height is consistent with the recently
entitled townhome project at 2001 Tarob
Court, which will have buildings up to 50 feet
in height, and 675 Trade Zone Blvd., with 37-
foot-tall residences.

Transit Area Specific Plan Conformance
The TASP land use designation for the Project is High-Density, Transit-Oriented Residential. This designation provides for medium-density residential uses within the Trade Zone/Montague Subdistrict. As demonstrated in Table 3, the Project is consistent with the applicable TASP land use policies.

Table 3: TASP Consistency
Policy Conformance
Policy 3.4: Provide a variety of housing types for
different types of households, different income
levels, different age groups, and different lifestyles.

Consistent. The Project provides
townhome condominiums and accessory
dwelling units. This variety of housing
types will meet the needs of individuals,
families, and residents of all
demographics and income levels. The
Project includes 6 affordable, 5 ADAaccessible, and 32 standard townhome condominiums, consistent with the policy

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Policy Conformance
to provide housing types for all age and
income levels, including households with
special needs.

Policy 3.2: Affordable housing units should be
provided with new housing developments.

Determine affordable unit requirements on a
project-by project basis, considering the size of the
project, the location of the site, and the mix of
affordable units in the Midtown Area. Allow
housing developments of 12 units or less to pay a
fee in lieu of providing affordable units.

Consistent. The Project conforms to the
City’s Affordable Housing Ordinance by
designating six out of the 43 townhome
units, or 15 percent of the base number of
units, for moderate-income level
individuals or households. The additional
.45 unit required will be made whole by
paying a fee in lieu of providing
affordable units.

Policy 3.3: Affordable housing should be
integrated into all residential projects.

Consistent. The Project includes 6
affordable townhome condominiums
integrated into the design. The
townhomes differ in type (1 two-bedroom,
1 three-bedroom, and 4 four-bedroom
units) to provide variety. These specific
units will be restricted to moderateincome individuals or households for purchase. Furthermore, the Project
includes 13 ADUs, which are considered
"affordable by design" meaning they are
small and efficiently designed yet include
adequate amenities to serve as a dwelling
unit for an individual or small household.

Zoning Conformance
The project site is zoned R3 Multiple-Family High Density Residential with a Transit-Oriented Development (-TOD) Overlay. As demonstrated in Tables 4 and 5, the project is consistent with most of the applicable development standards for the R3 Multiple-Family High Density Residential Zoning District and TASP area. Where the project is not in compliance with objective standards, the applicant may deviate the standards by invoking State Density Bonus Law.

Table 4: Summary of TASP R3-TOD Development Standards
Development
Standard
(R3-TOD)
Required Proposed Conformance
Density 21-40 du/ac 25.5 du/ac; 56 units total Yes

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Development
Standard
(R3-TOD)
Required Proposed Conformance
Front yard
Setback
(from Tarob
Court)
8 foot-15 foot (max.) from
back of sidewalk 12 feet Yes
Front yard
Setback
(from Sango
Court)
8 foot-15 foot (max.) from
back of sidewalk 8 feet Yes
Side Yard
Setback
15 foot (min.), 20 foot over
three stories when abutting
residential
15 feet Yes
Rear Yard
Setback
15 foot (min.), 20 foot over
three stories when abutting
residential
15 feet Yes
Height Up to 75 feet 39-feet Yes
Landscaping
A minimum of twenty-five
percent (25%) of the total lot
area shall be landscaped or
recreational open space.
25% x 2.2 = 0.55 acres /
23,958 sq. ft. required

0.63 acres / 27,632 sq. ft. Yes
Private Open
Space
An average of 200 sq. ft. of
usable open space shall be
provided for each dwelling
unit.
200 sq. ft. x 43 units = 8,600
sq. ft.

Balconies and porches may
be no less than 60 sq. ft. and
patios no less than 100 sq. ft.
5,690 sq. ft. (private open
space) + 27,632 sq. ft.
(on-site open space) =
33,322 sq. ft.

Private balconies range
from 60 sq. ft to 174 sq. ft.

Yes
In addition, projects located in the TASP/MMSP area must comply with the additional development and design standards outlined in Table 5:

Table 5: Additional Development Standards Applicable in the TASP/MMSP

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Standard Proposed Conformance
Projections
into Required
Yards
Porches, stairs, balconies, bay
windows, and awnings may
project up to six feet into required
setbacks.

Porches, stairs,
balconies, bay
windows and
awnings project
less than six feet
into required
setbacks
Yes
Building
Orientation
and Entrances
Building must face the street, and
primary building entrances must
be oriented toward the street.

Buildings are
either facing the
external streets,
internal streets,
future Augustus
Rathbone Park, or
internal paseos
Yes, with
approval of a
Density Bonus
Waiver
Vehicle
Parking
Studios (ADUs) – 13 spaces
Two / Three Br. Units – 27 spaces
Four Br. Units – 68 spaces
Guest Parking – 19 spaces
Total – 127 spaces
86 garage spaces
18 surface spaces
Total – 104 spaces
Yes,
with approval of a
Density Bonus
Permit
Bicycle
Parking
On-street guest racks equivalent
to five percent (5%) of the
parking requirement.

Six (6) bicycle parking spaces
Six (6) bicycle
parking spaces
Yes
Parking
Location
Parking must be located so that it
is not visible from the street.
43 private garage
entrances face the
interior drive aisle
Yes
Parking
Garages
attached to
individual
units
Garages may not occupy more
than 50% of Ground Level
Frontage facing street.

No parking garage
is facing the street
frontage.

Yes
Parking
Access and
Curb Cuts
Maximum two curb cuts per lot
per street frontage
Two curb cuts
along Tarob Court
(one curb cut at the
Tarob/Sango
connection
Yes

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Standard Proposed Conformance
Park Acreage
Requirements

0.04 acres (after payment of
TASP/MMSP fee) must be
provided

0.29 acres Yes
State Density Bonus Law
To encourage affordable housing production, the State Density Bonus Law (Gov. Code § 65915 et seq.) allows developers to receive a density bonus and other incentives, such as concessions, waivers, and parking reductions when affordable housing is incorporated within a project. The Density Bonus is a state mandate, and any Project that meets the state law requirements is entitled to receive the associated incentives.

The applicant may request waivers and concessions under the State Density Bonus Law because the Project reserves more than 10 percent of total units as affordable units for moderate-income households. The Project includes six affordable units, which satisfies State Density Bonus Law and the City’s Affordable Housing Ordinance requirement. Since the applicant meets State Density Bonus Law, the City must grant any waivers and concessions the applicant requests for a qualifying project under the State Density Bonus Law. Since the vast majority of the project is designed to meet City standards, the applicant has chosen not to apply for any concessions. The applicant has only asked for a waiver for the building orientation, as discussed further in the report.

Table 6 outlines the waiver requested for the proposed Project.

Table 6: State Density Bonus – Concessions, Waivers, and Incentives Type of
Modification Standard Applicant Request Justification Discretion Waiver Building
Orientation
and
Entrances
29 buildings
facing either
internal
courtyard, shared
courtyard, or
future Augustus
Rathbone Park
TASP requires
building
entrances face
streets
In order to provide

25.5 du/acre and
parking garage
access, the
developer had to
design a proposal
that required
certain building
entrances to face
internal courtyards
instead of streets.

This waiver is
allowed under
State Density
Bonus Law and
must be granted
by the City.

State Density Bonus Waiver

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TASP Table 5-1 (Development Standards) states “Buildings must face the street; and primary building entrances must be oriented toward the street.” The Project proposes eight primary buildings. Six primary buildings have entrances that do not face a public or private street. Building 1 has entrances facing an internal courtyard. Buildings 3, 4, and 5 have entrances facing the future Augustus Rathbone Park, Building 6 has entrances facing a joint internal courtyard with the Geomax I project, and Building 7 has entrances facing an internal courtyard, as shown on Figure

3. Figure 3 – Building Layout
Since most primary buildings do not face street frontages, the applicant has requested they receive a waiver for the objective standards, as permitted by State Density Bonus Law. Staff supports the waiver because facing primary entrances to streets may limit the number of residential units

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allowed on the site. Furthermore, a waiver must be granted because the project includes enough affordable units to qualify for State Density Bonus.

State Density Bonus Parking Concession
An applicant who qualifies for a density bonus (under State Density Bonus Law) may propose reduced parking standards. Projects located in the TASP area typically require 1.6 to 2.0 vehicle parking spaces for each two- and three-bedroom unit. Studios generally require 1.0 vehicle parking spaces per unit. The project must also provide an additional 20 percent of the required parking as vehicle parking spaces for guests. However, under State Density Bonus Law and upon a developer's request, the City must allow a reduction in vehicle parking, as shown in Table 7.

Table 7: Maximum Parking Requirements (under State Density Bonus Law) Type of Unit (or Guest Parking) Number of Vehicle Parking Spaces Zero to One Bedroom 1.0 spaces
Two-Bedroom and Three-Bedroom 1.5 spaces
Four-Bedroom 2.5 spaces
Guest Parking Zero spaces
The applicant has requested reduced parking standards, as demonstrated in Table 8.

Table 8: Parking Analysis (under State Density Bonus Law) Land Use Unit
Count Rate
Maximum
Spaces
Required
Spaces
Provided Notes
Two-bedroom
and Threebedroom17 1.5 / unit 26 34
Four- bedroom 26 2.5 / unit 65 52
Studio (ADU) 13 1 / unit 13 0
Guest Parking N/A 0 18
Included as part of the total
number of parking spaces
required under the State
Density Bonus Law
Total 104 104
In summary, each townhome includes a two-car, side by side, attached garage. In addition, 18 surface parking spaces will be provided for guests along the internal street network, making a total of 104 vehicle spaces. The proposed number of parking spaces is equivalent to the total number of parking spaces contemplated under the State Density Bonus Law. The applicant is additionally

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entitled to one concession under the State Density Bonus law and request to apply it to cure any irregularity in the total number of spaces required.

Subdivision Ordinance
The City of Milpitas Engineering Department has reviewed the Project's form, content, and dedications of the proposed tract map and deemed it consistent with MMC Section XI-1-4 (Tentative Maps) provisions, as outlined in the findings within Resolution No. 23-021. Tentative Maps require the Planning Commission to recommend final approval by the City Council.

Architectural Design
The Project's design concept includes three-story buildings consistent with existing and planned residential development patterns within the Tango area. The contemporary design includes the following design accents and materials:
• Roof: Composition Shingle (Gray)
• Exterior: Vertical Fiber Cement Siding and Stucco
• Accents: Coronado Stone and Metal Railings
• Lighting: Wall Sconce (Black)
• Entry Door: Modern Front Entry Door
• Garage Door: Cloplay Bridgeport Steel Garage Door
The Project conforms with the majority of TASP design guidelines, which require well-articulated exterior walls with consistent style and materials, muted colors for primary building walls with richer accent colors, and integrated parking. Furthermore, the Project has a harmonious architectural style to the Parkside development located across the street on Tarob Court. A rendering of the Project is shown in Figure 4 and proposed colors and materials are shown in Figure 5.

Figure 4 – Proposed Project Facing Augustus Rathbone Park Figure 5 – Colors and Materials Board

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Tree Removal and Landscaping Requirements
The landscaping plan within the Project demonstrates 36 existing trees to be removed. 21 of those trees are ordinance-sized and considered “protected” per MMC Section X-2.7.01-1. The applicant proposed to plant up to 107 new trees on site to mitigate the 36 trees being removed. By proposing to plant over 57 new trees, the applicant is maintaining conformance with MMC Section 7 – Tree Protection and Heritage Tree Program. Additional proposed landscaping includes various shrubs, grasses, and vines (New Zealand Flax, Manzanita, Reed Grass, and Creeping Fig) planted along the internal paseos and front yards, as demonstrated in Figure 6.

Figure 6 – Landscape Plan

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Parkland and Open Space Requirements
The TASP requires all new developments to provide 3.5 acres of parkland for every 1,000 persons or payment of park in-lieu fees, as allowed by MMC Section XI-1-9 (Improvements: Dedication of Land or Payment of Fee or Both, for Recreational Purposes). The Parkland Fee is based upon the estimated number of persons expected to reside in the development (per U.S. Census definitions) and the estimated value of parkland in the City of Milpitas (currently $2,787,840 per acre).

The City estimates 2.49 people will occupy each unit. The Project proposes 43 units, resulting in an estimated population of 107 new residents. Based on this population estimate, the applicant must provide 0.37 acres of parkland, equivalent to approximately $1,044,729.

All projects in the TASP area are required to pay a Transit Area Development Impact Fee (TADIF). A portion of that fee pays for parkland. The park portion of the TASP fee for this project is valued at $927,269, equivalent to 0.33 acres of parkland. This amount will be applied to the Project's parkland requirement, leaving a delta of 0.04 acres to be satisfied.

To satisfy the 0.04-acre delta, the applicant has incorporated 0.29 acres as private recreation space on-site, as permitted by MMC Section XI-1-9. For example, each townhome has private patios and balconies totaling 5,690 square feet. In addition, the Project includes an additional 12,844 square feet of on-site residential open space, which include grassy areas and internal paseos. The parkland requirement is met by designing these elements into the Project, as demonstrated in Table 9 below.

Table 9: Parkland Requirements Analysis

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Toll Brothers Townhomes Proposed 43
Toll Brothers Townhomes Population Estimate
(2.49 persons/unit per Census)
107 persons
TASP Parkland Requirement 3.5 acres/1,000 people or
equivalent fees-in-lieu
Total Parkland Acreage or In-Lieu Fee Required 0.37 acres / $1,044,729 Amount Satisfied Through TASP Fees (Acreage/Dollars) 0.33 acres / $927,269 Remaining Parkland Acreage or In-Lieu Fee Required 0.04 acres / $117,459 Private Recreation/Open Space Included in the Project 0.29 acres Balance of Parkland Acreage or In-Lieu Feed Due 0.00 acres / $0 Accessory Dwelling Units
The Project includes 13 attached ADUs located on the ground floor of 12 four-bedroom townhome condominiums. Each integrated ADU is a studio unit with a living/sleeping area, bathroom, kitchenette, and separate front door entrance, as demonstrated in the two options in Figure 7 below.

Figure 7 – Townhome/ADU Floor Plan
Although the proposed ADUs are considered residential units (for density purposes), their integral design limits the City’s ability to charge development fees (such as TADIF or Park-In Lieu Fees).

Per Government Code Section 65852.2. (f)(3)(A), A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit

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less than 750 square feet. The proposed ADUs range in size between 282 and 362 square feet in size, thus qualifying for the impact fee exception under State law.

Affordable Housing Ordinance
According to MMC Section XII-1-3.00 (Affordable Housing), the applicant must reserve fifteen percent (15%) of the total number of dwelling units within the development as affordable units.

For this project, the applicant must provide 6.45 affordable units. The applicant proposes to meet the City’s affordable housing requirement by reserving 6 units on-site for moderate-income households, which includes 1 two-bedroom, 2 three-bedroom units, 2 four-bedroom units, and 1 four-bedroom unit with an ADU. The project has been conditioned to execute an agreement imposing appropriate ownership controls on the affordable units. The applicant will also pay an in-lieu fee for the 0.45 unit required.

Traffic and Access
Vehicular access to the project site will be provided two driveways with direct ingress/egress from either Tarob Court or the newly expanded Sango Court. An internal private street grid will provide access to the 43 private residential garages. In addition, 18 guest parking spaces will be provided along Court A and Street A, including an ADA-compliant spaces and two electric vehicle parking spaces. The EV parking spaces will provide full charging facilities.

Grading
The proposed Project would result in the demolition of all existing structures, paving, and landscaping on the subject site. Subsurface excavations for the foundations and utilities would likely occur to a depth of eight feet. It is anticipated that a total of 1,000 cubic yards of soil would be cut, and 9,000 cubic yards would be used for fill to pad the site and increase the finish grade heights to meet flood zone requirements. A total of approximately 2,000 tons of construction debris are anticipated to be removed from the project site during demolition of the existing buildings.

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

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

Development Fees
The Project is subject to the following impact fees:

TASP Impact Fee

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The TASP impact fee is currently set at $50,056/unit for residential uses for the Fiscal Year 2023- 2024, but the exact TASP fee will not be calculated until the building permit is ready for issuance.

Based on the development of 43 residential units, the estimated TASP impact fee for this Project is approximately $2,152,408 ($50,056/unit x 43 units). This fee is automatically adjusted each fiscal year in conjunction with the City's annual budget process. The applicant must pay the fee before the building permit issuance.

Parkland Impact Fee
A portion of the TASP impact fee includes a portion of the parkland in-lieu fee. Therefore, by paying the TASP impact fee and developing at least 0.04 acres of public and private open space, the applicant will meet the parkland fee requirement without paying additional parkland fees. As previously stated, the applicant has proposed to develop 0.29 acres of private open space.

Therefore, no additional park-in lieu fee will be required.

Public Art Fee
The Project will comply with the City's Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI-10-14. This fee is currently set at one-half of one percent of building development costs. The proposed Project will pay the fee based on the construction valuation at the building permit issuance.

Affordable Housing Fee
The project will comply with the City’s Affordable Housing, as set forth in Milpitas Municipal Code Section XII-1-3.00. The applicant will be providing 6.45 affordable units, but dedicating 6 units on-site for moderate-income households, which includes 1 two-bedroom, 2 three-bedroom units, 2 four-bedroom units, and 1 four-bedroom unit with an ADU. The applicant will be required to pay an in-lieu fee for the remaining 0.45 unit, which is calculated at building permit issuance.

The City Council may make specific findings that there is (1) an essential nexus between these fees and the Project, and (2) that the fees are roughly proportional to the Project’s impact on the City’s land use interest.

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

Vesting Tentative Map
To approve the Major Vesting Tentative Subdivision Map, the following findings must be made pursuant to Milpitas Municipal Code Section XI-1-20.01:

1. The tentative subdivision map is consistent with the General Plan.

The General Plan designation for the project site references MMSP, but since the applicant submitted a pre-application before the MMSP was officially adopted by the City Council, the TASP development standards currently apply. Both the MMSP and TASP standards intend to facilitate the development of higher intensity, mixed-use neighborhoods near the Milpitas Transit Center and encourage walking, biking, and alternative modes of transportation.

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The TASP designates this project site as Multiple Family – High Density Transit-Oriented Development (R3-TOD). The intent of this designation is to provide high-density housing at a density range of 21-40 dwelling units/acre. As this project proposes 25.5 dwelling units/acre, it is consistent with both the intended General Plan land use and the relevant density requirement. In addition, the Housing Element does not identify the project site for yielding affordable housing units. Therefore, there is no net loss of affordable housing opportunities.

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

2. None of the conditions identified in California Government Code Section 66474 exist, to wit:

A. The proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451.

As outlined above, the Project includes the development of 43 residential condominium units with 13 ADUs, at a density of 25.5 dwelling units/acre. The Milpitas General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan land use designation applicable to the site (Milpitas Metro Specific Plan (MMSP), and High Density, Transit-Oriented Residential (HD-TOR)) allows residential development at 21 to 40 dwelling units/acre. The map is therefore consistent with the General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan designations.

B. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

The Project proposes 25.5 dwelling units per acre, consistent with the 21-40 dwelling units per acre allowed by the general plan and corresponding specific plans.

Additionally, the Project is consistent with the policies associated with the MMSP/TASP, as identified in Tables 3 and 5 above, except for front building orientations facing streets and the amount of vehicle parking standards. Both standards can be waived because the Project qualifies for Density Bonus Law waivers and concessions.

C. The site is physically suitable for the type of development.

The site is surrounded by high density, transit-oriented residential development and future park / open space lands under the City’s General Plan and zoned for this type of development under the Milpitas Metro Specific Plan/Transit Area Specific Plan. In addition, this site is suitable for the higher density development based on the location, physical attributes, and existing and proposed infrastructure improvements.

D. That the site is physically suitable for the proposed density of development.

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The project site is within the MMSP/TASP specific plan designation of Multiple Family, High Density Transit-Oriented Development (R3-TOD), permitting residential development at 21 to 40 dwelling units/acre. The site is physically suitable for the proposed density because the site has (or will have) adequate utilities, sufficient open space, and adequate residential living facilities.

E. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The Project, including the subdivision and its associated improvements, is in an urbanized area and was previously developed as an industrial building without wildlife habitat. Therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

The Project, including the subdivision and its associated improvements, have been designed in a manner that will not cause serious public health problems. The Project has been reviewed and conditioned by Building, Fire, Land Development, and Utility Departments. As a result, it has been determined that the development can be adequately serviced to preserve public health and wellness.

G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Upon review of the subdivision map, it has been determined that the design of the subdivision or the type of improvements will not conflict with any access easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The subdivision involves the vacation of a utility easement, which is no longer needed.

Site Development Permit
To approve the Site Development Permit, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.03(F):
a. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

The Project’s site design is consistent with the MMSP/TASP development standards for the Trade Zone/Montague Sub-district. The Project consists of 43 condominium units, 13 attached Accessory Dwelling Units and associated site amenities on a 2.3-acre site. The building’s contemporary architectural design visually relates to and is compatible with the adjacent townhome projects along Tarob Court. Colors are earth tone shades of tans and grays with black metal railings. In addition, future residents will access garages via private streets, similar to nearby residential developments.

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

The proposed Project is consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 4. The proposed multi-family residential building is permitted in the R3-TOD Multiple-Family, High Density Residential Zoning District with a Transit Oriented Development Overlay. The Project design conforms to the site and development standards of the R3-TOD zone.

The Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). Where exceptions from the R3-TOD standards are needed, the applicant has requested waivers and parking exceptions under the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and parking reduction and concession will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard.
c. The Project is consistent with the Milpitas General Plan.

The proposed Project is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2. Furthermore, as the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to waivers and reduced parking requirements. The requested waivers and parking reduction and concession will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard. d. The Project is consistent with the Transit Area Specific Plan.

The proposed Project is consistent with the applicable policies and design guidelines of the TASP/MMSP, as demonstrated in Tables 3, 4 and 5. The Project is eligible for State Density Bonus Law provisions per Government Code Section 65915(p)(5), and therefore entitled to design waivers and reduced parking requirements. The requested waiver and parking reduction and concession will support affordable housing unit development on a site where it would not otherwise be possible through a strict application of those specified standards.

Conditional Use Permit
To approve the Conditional Use Permit, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.04(F):
a. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety and general welfare.

The Project will not be detrimental or injurious to property or improvements in the vicinity or public health, safety, or general welfare. The Project is consistent with other multifamily residential projects within the immediate area and has been conditioned to preserve

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the health and wellness of future residents. In addition, the condominium project creates housing opportunities and increases the diversity of housing types in the City of Milpitas by utilizing accessory dwelling unit provisions.
b. The Project is consistent with the Milpitas Zoning Ordinance.

The proposed Project is consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 4. The proposed multi-family residential building is permitted in the R3-TOD Multiple-Family, High Density Residential Zoning District with a Transit Oriented Development Overlay. The project design conforms to the site and development standards of the R3-TOD zone. Therefore, a conditional use permit is required to allow the subdivision of the proposed townhome units.

The Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). Where exceptions from the R3-TOD standards are in conflict, the applicant has requested waivers and parking exceptions pursuant to State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waiver and parking exception will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified standard.
c. The Project is consistent with the Milpitas General Plan.

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

The proposed Project is consistent with the applicable policies and design guidelines of the TASP/MMSP, as demonstrated in Tables 3, 4 and 5. The Project is eligible for State Density Bonus Law provisions per Government Code Section 65915(p)(5), and therefore entitled to design waivers and reduced parking requirements. The requested waiver and parking exception will support affordable housing unit development on a site where it would not otherwise be possible through a strict application of those specified standards.

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

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

The proposed Project includes 43 townhome condominiums and 13 accessory dwelling units, equaling to 25.5 dwelling units per acre and within the General Plan density allowed in the immediate area.

Page 145 of 199 ends

Attachment B

Page 25 of 27 ends

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

The applicant has allocated 6 of the townhome condominiums (1 two-bedroom, 1 threebedroom, and 4 four-bedroom townhomes) to be reserved for moderate-income households (below 80 percent Average Median Income) to fully comply with the City's Affordable Housing Ordinance. The approximate locations for the 6 units will be adequately dispersed per the City of Milpitas Housing Department. The proposed affordable units will be developed with the same specifications as the standard, market-rate units. Additionally, the 0.45 unit will be paid by in-lieu Affordable Housing fee, calculated at time of Building Permit Issuance.

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

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

4. Retaining Affordability. A developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for thirty (30) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

Prior to final building inspection and occupancy for the Project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property (Agreement). The Agreement shall explain the affordability requirements, including continued affordability for moderate-income households if the unit were to ever be sold, for a period of 30 years. The agreement shall be approved by the Milpitas City Attorney for content and form prior to recordation.

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

Page 146 of 199 ends

Attachment B

Page 26 of 27 ends

The standard is not applicable to the Project, as the Project is creating townhome condominiums for sale, rather than for rent. Affordability provisions will be assessed on the sale of the individual townhome condominium.

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

The developer has identified and requested waivers and parking exceptions as permitted within the State Density Bonus Law, Government Code Section 65915, et seq.

Density Bonus Concessions, Incentives and Waivers
In accordance with California Government Code Section 65915 and MMC Section X-10-

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

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

ENVIRONMENTAL REVIEW
An environmental assessment was conducted according to the California Environmental Quality Act of 1970 (CEQA), as amended, and state and local guidelines implementing CEQA. The proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15183.3(b) (Residential Infill). An exemption is the appropriate CEQA determination for the proposed project.

Exhibit 2 of the Resolution for the proposed Project is a memorandum demonstrating compliance with CEQA Guidelines Section 15183.3(b).

As a separate and independent basis, the project is also exempt from further CEQA review pursuant to CEQA Guidelines Section 15182 (Projects Consistent with a Specific Plan) because the project is a residential project that is generally consistent with Transit Area Specific Plan (Milpitas Metro Specific Plan). Therefore, no further environmental review is required.

PUBLIC COMMENT/OUTREACH

Page 147 of 199 ends

Attachment B

Page 27 of 27 ends

Staff provided public notice of the application in accordance with City and State public noticing requirements. At the time of publishing this report, two public comments have been received regarding the lack of infrastructure road improvements, removal of trees, and lack of park space.

The Planning Department reached out to individual residents to address questions and concerns.

Furthermore, the applicant is working with City Staff to host a community meeting for existing residents. The meeting has not been scheduled.

A notice was published in the Milpitas Post on February 2, March 2, and May 10, 2024. In addition, notices were sent to all owners and occupants within 1000 feet of the project site. A public notice was also posted at the project site, on the City's Website, www.milpitas.gov, and at City Hall.

Lastly, the applicant will be hosting a community meeting. The community meeting will be to discuss the project parameters and answer any questions and be held in the Milpitas Community Center between 5:00pm – 6:00pm on May 29th.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing;

3. Consider the exemptions in accordance with CEQA; and

4. Adopt Resolution No. 23-021, recommending that the City Council approve Site Development Permit No. SD23-0006, Conditional Use Permit No. UP23-0007, Vesting Tentative Map MT23-0001, Density Bonus Permit No. DB23-0002, Tree Removal Permit No. TR23-0015 and Environmental Assessment No. EA23-0002, subject to the Conditions of Approval.

ATTACHMENTS
A: Resolution No. 23-021 with Conditions of Approval
B: CEQA Memorandum
C: Project Plans
D: Applicant Memorandum requesting waivers and parking concessions.

Page 148 of 199 ends

Page 149 of 199 ends

Page 150 of 199 ends

Page 151 of 199 ends

Page 152 of 199 ends

LNDY

WALK-IN
CLOSET
DN
BEDROOM 2
10'-6" x 13'-3"
BATH 2

PRIMARY

BEDROOM
14'-9" x 11'-7"

PRIMARY
BATH
UP
DN

KITCHEN
11'-8" x 13'-8"
DECK

PWDR PANTRY
11'-9 1/2" 4'-10"
LIVING
13'-9" x 11'-2"
DINING
25'-4" 24'-6"
UP
2-CAR GARAGE
23'-11" x 24'-3"
ENTRY
R. T./O.

PARKING STALL,
TYP. (10' x 20')

WASTE CONTAINER
STORAGE AREAS, TYP.

BICYCLE

STORAGE
PORCH
1'-2"
5'-0" 4'-9 1/4"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
UNIT 1 FLOOR PLANS
A04
0 1' 2' 3' 4' 8'

THIRD FLOOR PLAN
UNIT 1 SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR

TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
46 SQ. FT.
594 SQ. FT.
648 SQ. FT.
1288 SQ. FT.
570 SQ. FT.
22 SQ. FT.
60 SQ. FT.

SECOND FLOOR PLAN FIRST FLOOR PLAN

Page 153 of 199 ends

UP
DN
LIVING
14'-1" x 11'-2"

KITCHEN
11'-8" x 13'-10"
DECK
PWDR

DINING PANTRY
11'-6" 5'-10"
LNDY

WALK-IN
CLOSET
DN
BEDROOM 2
10'-8" x 13'-1"
BATH 2

PRIMARY

BEDROOM
14'-10" x 11'-3"

PRIMARY
BATH
WH
25'-4"
UP
ENTRY
R. T./O.

PARKING STALL,
TYP. (10' x 20')

WASTE CONTAINER
STORAGE AREAS, TYP.

BICYCLE
STORAGE 24'-6"

FIRE RISER
5'-0" 4'-9 1/4"
2-CAR GARAGE
23'-11" x 24'-3"
PORCH
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
UNIT 1-ALT FLOOR PLANS
A05
0 1' 2' 3' 4' 8'

THIRD FLOOR PLAN SECOND FLOOR PLAN
UNIT 1-ALT SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR

TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
46 SQ. FT.
594 SQ. FT.
664 SQ. FT.
1304 SQ. FT.
589 SQ. FT.
22 SQ. FT.
67 SQ. FT.

FIRST FLOOR PLAN

Page 154 of 199 ends

21'-0" 38'-11 1/2"
UP
2-CAR GARAGE
20'-2" x 20'-2"
ENTRY
R.

T./O.

PARKING STALL,
TYP. (10' x 20')

WASTE CONTAINER
STORAGE AREAS, TYP.

PORCH

BICYCLE

STORAGE
OFFICE
10'-2" x 10'-11"
PWDR 1'-0" 5'-0"
8'-6"
UP
DN
DECK
98 SQ. FT.

PWDR
DINING
LIVING
11'-5" x 15'-6"

KITCHEN
13'-11" x 15'-6" PANTRY
12'-8 3/4" 6'-0 1/2"
LNDY

WALK-IN
CLOSET
DN
BEDROOM 2
10'-0" x 10-0"
BATH 2

PRIMARY

BEDROOM
13'-11" x 12'-3"

PRIMARY

BATH LINEN
BEDROOM 3
9'-10" x 12'-5"
PWDR 3068
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
UNIT 2 FLOOR PLANS
A06
0 1' 2' 3' 4' 8'

THIRD FLOOR PLAN SECOND FLOOR PLAN FIRST FLOOR PLAN
UNIT 2 SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR

TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
334 SQ. FT.
729 SQ. FT.
832 SQ. FT.
1895 SQ. FT.
474 SQ. FT.
46 SQ. FT.
98 SQ. FT.

ADAPTABLE
POWDER

DOOR LEADING DIRECTLY FROM THE

COVERED DWELLING UNIT, WHICH
IMMEDIATELY ENTERS THE GARAGE.

DOOR SHALL COMPLY ON BOTH SIDES
WITH SECTIONS 1132A.3 THROUGH
1132A.9. PER CBC 1109A.2.1 EXCEPTION 1

Page 155 of 199 ends

21'-0" 39'-5 1/2"
UP
2-CAR GARAGE
20'-2" x 20-2"
ENTRY
R.

PARKING STALL,
TYP. (10' x 20')

WASTE CONTAINER
STORAGE AREAS, TYP.

PORCH

BICYCLE

STORAGE
BEDROOM 4
10'-0" x 10'-0"
BATH 3
T./O. 1'-0"
9'-0" 7'-0"
UP
DN
DECK
141 SQ. FT.

PWDR
DINING
LIVING
14'-5" x 15'-7"

KITCHEN
11'-6" x 17'-1"
PANTRY
10'-4 1/2" 10'-10"
LNDY

WALK-IN
CLOSET
DN
BEDROOM 2
9'-11" x 11'-2"
BATH 2

PRIMARY

BEDROOM
14'-9" x 13'-2"

PRIMARY
BATH
BEDROOM 3
10'-0" x 10'-2" LINEN

WALK-IN
CLOSET 7'-0"
ADU
PORCH 10'-11" x 17'-4"
5'-1"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
UNIT 3 FLOOR PLANS
A07
0 1' 2' 3' 4' 8'

THIRD FLOOR PLAN FIRST FLOOR PLAN
ADU PLAN @ FIRST FLOOR
UNIT 3 SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR

TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
350 SQ. FT.
766 SQ. FT.
797 SQ. FT.
1913 SQ. FT.
468 SQ. FT.
65 SQ. FT.
141 SQ. FT.
(ADAPTABLE PER CBC 1104A.1)
UNIT 3 ADU SQUARE FOOTAGES

FIRST FLOOR ADU

FIRST FLOOR PRIMARY
UNIT

SECOND FLOOR

THIRD FLOOR

TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
282 SQ. FT.
142 SQ. FT.
766 SQ. FT.
797 SQ. FT.
1987 SQ. FT.
464 SQ. FT.
39 SQ. FT.
175 SQ. FT.

SECOND FLOOR PLAN

Page 156 of 199 ends

23'-6 1/2" 39'-5 1/2"
UP
2-CAR GARAGE
20'-2" x 20-2"
ENTRY
R.

PARKING STALL,
TYP. (10' x 20')

WASTE CONTAINER
STORAGE AREAS, TYP.

BICYCLE

STORAGE
BATH 3
T./O.

BEDROOM 4
11'-4" x 10'-2" 1'-0" 6'-0"
12'-0"
PORCH
FIRE
RISER
UP
DN
DECK
174 SQ. FT.

PWDR
DINING
LIVING
14'-3" x 12'-9"

KITCHEN
17'-1" x 13'-10"
PANTRY
14'-4 1/2" 11'-5 1/2" LINEN
LNDY

WALK-IN
CLOSET
DN
BEDROOM 2
11'-1" x 10'-1"
BATH 2

PRIMARY

BEDROOM
14'-3" x 13'-7"

PRIMARY
BATH
BEDROOM 3
11'-3" x 10'-4" LINEN 7'-0"
ADU
14'-0" x 17'-8" PORCH 2
PORCH 1
5'-5 1/2"
7'-0" 9'-9 1/2"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
UNIT 4 FLOOR PLANS
A08
0 1' 2' 3' 4' 8'

THIRD FLOOR PLAN SECOND FLOOR PLAN FIRST FLOOR PLAN
UNIT 4 SQUARE FOOTAGES

FIRST FLOOR

SECOND FLOOR

THIRD FLOOR

TOTAL LIVING
2-CAR GARAGE
PORCH
DECK
395 SQ. FT.
820 SQ. FT.
866 SQ. FT.
2081 SQ. FT.
496 SQ. FT.
74 SQ. FT.
174 SQ. FT.

ADU PLAN @ FIRST FLOOR
UNIT 4-ADU SQUARE FOOTAGES

FIRST FLOOR ADU

FIRST FLOOR PRIMARY
UNIT

SECOND FLOOR

THIRD FLOOR

TOTAL LIVING
2-CAR GARAGE
PORCH 1
PORCH 2
DECK
361 SQ. FT.
145 SQ. FT.
819 SQ. FT.
866 SQ. FT.
2191 SQ. FT.
490 SQ. FT.
71 SQ. FT.
40 SQ. FT.
174 SQ. FT.
(ADAPTABLE PER CBC 1104A.1)

Page 157 of 199 ends

(REVERSE)
UNIT 4
(REVERSE)
UNIT 3
(STANDARD)
UNIT 4
(STANDARD)
UNIT 4
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4 46'-5 1/2"
68'-3"
(STANDARD)
UNIT 4 (REVERSE)
UNIT 3 (REVERSE)
UNIT 4
5 :12

2.5 :12 2.5 :12 2.5 :12

2.5 :12 2.5 :12
5 :12

EAVE AT REAR
BELOW 30'
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
3-UNIT BUILDING FLOOR & ROOF PLANS
A09
0 2' 4' 6' 8' 16'

FIRST FLOOR PLAN

SECOND FLOOR PLAN

THIRD FLOOR PLAN

ROOF PLAN

Page 158 of 199 ends

Page 159 of 199 ends

(REVERSE)
UNIT 1
(REVERSE)
UNIT 1-ALT
(STANDARD)
UNIT 4 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 2
(REVERSE)
UNIT 1-ALT
(REVERSE)
UNIT 1
(STANDARD)
UNIT 2
(STANDARD)
UNIT 4 ADU
(STANDARD)
UNIT 2
92'-3 1/2" 50'-9"1'-0" 1'-0"
(STANDARD)
UNIT 4 ADU
(STANDARD)
UNIT 1
(REVERSE)
UNIT 1-ALT
(STANDARD)
UNIT 2
(STANDARD)
UNIT 2
5 :12

2.5 :12

2.5 :12 2.5 :12

2.5 :12 2.5 :12
5 :12

EAVE AT REAR
BELOW 30'

2.5 :12

2.5 :12
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
5-UNIT BUILDING 'A' FLOOR & ROOF PLANS
A11
FIRST FLOOR PLAN 0 2' 4' 6' 8' 16'

SECOND FLOOR PLAN

THIRD FLOOR PLAN

ROOF PLAN

Page 160 of 199 ends

Page 161 of 199 ends

(REVERSE)
UNIT 4 ADU
(REVERSE)
UNIT 3
(STANDARD)
UNIT 4 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3
(STANDARD)
UNIT 4 ADU
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3 46'-8 1/2"
122'-5"
(STANDARD)
UNIT 4 ADU
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3
5 :12

2.5 :12 2.5 :12 2.5 :12

2.5 :12 2.5 :12
5 :12

EAVE AT REAR
BELOW 30'

2.5 :12 2.5 :12
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
5-UNIT BUILDING 'B' FLOOR & ROOF PLANS
A13
0 2' 4' 6' 8' 16'

FIRST FLOOR PLAN

SECOND FLOOR PLAN

THIRD FLOOR PLAN

ROOF PLAN

Page 162 of 199 ends

Page 163 of 199 ends

(REVERSE)
UNIT 4
(REVERSE)
UNIT 3
(STANDARD)
UNIT 4
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(STANDARD)
UNIT 2
131'-6" 46'-5 1/2"
(STANDARD)
UNIT 4
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(STANDARD)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
6-UNIT BUILDING FIRST & SECOND FLOOR PLANS
A15
0 2' 4' 6' 8' 16'

FIRST FLOOR PLAN

SECOND FLOOR PLAN

Page 164 of 199 ends

2.5 :12 2.5 :12 2.5 :12

2.5 :12 2.5 :12

EAVE AT REAR
BELOW 30' 2.5 :12

2.5 :12 2.5 :12

2.5 :12 2.5 :12
5 :12 5 :12
(STANDARD)
UNIT 4
(REVERSE)
UNIT 3
(REVERSE)
UNIT 4
(STANDARD)
UNIT 2
(REVERSE)
UNIT 3
(STANDARD)
UNIT 2
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
6-UNIT BUILDING THIRD FLOOR & ROOF PLANS
A16
0 2' 4' 6' 8' 16'

THIRD FLOOR PLAN

ROOF PLAN

Page 165 of 199 ends

Page 166 of 199 ends

(REVERSE)
UNIT 4 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 1-ALT
(STANDARD)
UNIT 1
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3 ADU
(REVERSE)
UNIT 3 ADU
1'-0" 134'-5 1/2" 50'-9"
(STANDARD)
UNIT 1-ALT
(REVERSE)
UNIT 4 ADU
(STANDARD)
UNIT 1
(REVERSE)
UNIT 3 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3 ADU
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
7-UNIT BUILDING FIRST & SECOND FLOOR PLANS
A18
0 2' 4' 6' 8' 16'

FIRST FLOOR PLAN

SECOND FLOOR PLAN

Page 167 of 199 ends

2.5 :12

2.5 :12 2.5 :12

EAVE AT REAR
BELOW 30'

2.5 :12 2.5 :12
5 :12 5 :12

2.5 :12 2.5 :12 2.5 :12 2.5 :12
(STANDARD)
UNIT 1-ALT
(REVERSE)
UNIT 4 ADU
(REVERSE)
UNIT 3 ADU
(STANDARD)
UNIT 2
(STANDARD)
UNIT 2
(STANDARD)
UNIT 3 ADU
(STANDARD)
UNIT 1
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
7-UNIT BUILDING THIRD FLOOR & ROOF PLAN
A19
0 2' 4' 6' 8' 16'

THIRD FLOOR PLAN

ROOF PLAN

Page 168 of 199 ends

Page 169 of 199 ends

30'-0" 9'-1" 9'-1"
T.O. CURB
T.O.PL.

T.O.SF.

DECK
T.O.PL. 9'-1" 9'-1" 9'-1"
T.O.S.

T.O.PL.

T.O.SF.

T.O.PL.

T.O.SF.

T.O.PL. EAVE
T.O. TOWER
T.O. RIDGE
PORCH BEDROOM 4 2-CAR GARAGE

LIVING ROOM KITCHEN DINING

PRIMARY
BEDROOM BEDROOM 3

PRIMARY
BATH 38'-10" 33'-4"
BATH 3 8'-7"
T.O.PL.

T.O.SF.

T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
0 1' 2' 3' 4' 8'

BUILDING SECTION
A21

TYPICAL BUILDING SECTION

Page 170 of 199 ends

BUILDING 6
46'-1"
T.O.PL. T.O.SF.

T.O.PL. 9'-1"
UNIT 4
(REVERSE)
UNIT 3
(REVERSE) 9'-1"
UNIT 3
(REVERSE)
UNIT 2
(STANDARD)
UNIT 2
(STANDARD)
UNIT 4
(STANDARD)
UNIT 3
(REVERSE)
BUILDING 5
T.O. CURB
T.O.PL. T.O.SF.

T.O. RIDGE 9'-1" 38'-10"
BUILDING 8 BUILDING 7
UNIT 3 ADU
(STANDARD)
UNIT 3 ADU
(REVERSE) 9'-1" 9'-1" 9'-1"
T.O. CURB
T.O.PL. T.O.SF.

T.O.PL. T.O.SF.

T.O.PL.

T.O. RIDGE38'-10"
35'-0"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023
0 2' 4' 6' 8' 16'

SITE SECTION A
A22

TYPICAL BUILDING SECTION

Page 171 of 199 ends

Page 172 of 199 ends

15'-1 1/2" 15'-1 1/2" 15'-1 1/2" 14'-0" 14'-0"
15'-0" 15'-0"
24'-4 1/2" 14'-0"
19'-1"
12'-0" 15'-0" 15'-0" 15'-0"
10'-7 1/2" 10'-7 1/2"
5'-8" 5'-8"
10'-7 1/2"
6'-4 1/2" 6'-4 1/2"
15'-0" 44'-0" 42'-1"

FIRE SEPARATION LINE
TYP. 36'-6 1/2" 30'-11" 25'-10 1/2" 25'-10 1/2" 42'-1" 42'-0" 42'-1 1/2"
42'-0"
42'-0"
5'-2" 10'-2"

TAROB COURT

SANGO COURT
BUILDING 2

BUILDING TYPE B
BUILDING 1

BUILDING TYPE A
BUILDING 3
BUILDING TYPE C BUILDING 8 BUILDING TYPE E BUILDING 7 BUILDING TYPE E REV. BUILDING 6 BUILDING TYPE D BUILDING 4

BUILDING TYPE C
BUILDING 5
BUILDING TYPE C REV.
1 A25
1 A25
1 A25
1 A25
2 A25
2 A25
PROPERTY LINE, TYP.
10'-7 1/2"
T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023

BUILDING FIRE SEPARATION EXHIBIT
A24
0 4' 8' 12'16'20' 40'

Page 173 of 199 ends

ALLOWABLE AREA OF OPENINGS
= WALL AREA

THIRD FLOOR
WALL AREA = 358 SQ. FT.
25% MAX. OPENINGS = 89.5 SQ. FT.

ACTUAL OPENINGS = 30 SQ. FT. (8%)
15 S.F.
15 S.F.
15 S.F.
15 S.F.

SECOND FLOOR
WALL AREA = 407 SQ. FT.
25% MAX. OPENINGS = 101.75 SQ. FT.

ACTUAL OPENINGS = 90 SQ. FT. (22%)
15 S.F.
15 15 S.F.

S.F.
15 S.F.
62 S.F. FIRST FLOOR
WALL AREA = 407 SQ. FT.
25% MAX. OPENINGS = 101.75 SQ. FT.

ACTUAL OPENINGS = 86 SQ. FT. (21%)
24 S.F.

ALLOWABLE AREA OF OPENINGS
= WALL AREA

THIRD FLOOR
WALL AREA = 241 SQ. FT.
25% MAX. OPENINGS = 60.25 SQ. FT.

ACTUAL OPENINGS = 60 SQ. FT. (25%)
15 S.F.
15 S.F.
15 S.F.
15 S.F.

SECOND FLOOR
WALL AREA = 273 SQ. FT.
25% MAX. OPENINGS = 68.25 SQ. FT.

ACTUAL OPENINGS = 47 SQ. FT. (17%)

FIRST FLOOR
WALL AREA = 273 SQ. FT.
25% MAX. OPENINGS = 68.25 SQ. FT.

ACTUAL OPENINGS = 0 SQ. FT. (0%)
47 S.F.

T o l l B r o t h e r s
6800 Koll Center Parkway, Suite 320
Pleasanton, CA 94566 | 925.249-6000 354.020 Tarob - Geomax II Milpitas, CA
December 21, 2023

ALLOWABLE OPENINGS EXHIBITS
A25
0 2' 4' 6' 8' 16'
BUILDING 4 RIGHT ELEVATION
BUILDING 5 LEFT ELEVATION (REV) 1 BUILDING 7 FRONT ELEVATION (REV)BUILDING 8 FRONT ELEVATION 2 BUILDING 3 RIGHT ELEVATION
7-UNIT TYPE E AREA CALCULATION TABLE
1ST
FLOOR
2ND
FLOOR
3RD
FLOOR
TOTAL
GARAGE (U) 3491 3491
UTILITIES (U) 60 60
U OCCUPANCY SUB-TOTAL 3551 3551
RESIDENTIAL UNIT (R-2) 2112 4998 5436 12546
PORCH (R-2) 323 0 0 323
BALCONY (R-2) 0 906 0 906
R-2 OCCUPANCY SUB-TOTAL 2435 5904 5436 13775
TOTAL AREA PER FLOOR 5986 5904 5436 17326
BUILDING 7 & 8 - TYPE E GROSS AREA CALCULATIO
MIXED OCCUPANCY AREA DETERMINATION (C.B.C. 506.2.2)

CALCULATED

RATIO PER
506.2.2*
MAX. RATIO
PER 506.2.2 ( R-2 ) ( U )
1ST
FLOOR
ACTUAL 2435
+
3551 = 0.51
ALLOWABLE 8190 16500
2ND
FLOOR
ACTUAL 5904
+
0 = 0.72
ALLOWABLE 8190 16500
3RD
FLOOR
ACTUAL 5436
+
0 = 0.66
ALLOWABLE 8190 16500
TOTAL BUILDING RATIO 1.90 2.00
*FLOOR RATIO NOT TO EXCEED 1 PER C.B.C. 508.4.2

0.17 INCREASE - PER C.B.C 506.3
{7000 + [7000 x 0.17] } = 8190
3-UNIT TYPE A AREA CALCULATION TABLE
1ST
FLOOR
2ND
FLOOR
3RD

FLOOR TOTAL
GARAGE (U) 1431 1431
UTILITIES (U) 59 59
U OCCUPANCY SUB-TOTAL 1490 1490
RESIDENTIAL UNIT (R-2) 1141 2405 2529 6075
PORCH (R-2) 210 0 0 210
BALCONY (R-2) 0 482 0 482
R-2 OCCUPANCY SUB-TOTAL 1351 2887 2529 6767
TOTAL AREA PER FLOOR 2841 2887 2529 8257
BUILDING 1 - TYPE A GROSS AREA CALCULATIONS
MIXED OCCUPANCY AREA DETERMINATION (C.B.C. 506.2.2)

CALCULATED

RATIO PER
506.2.2*
MAX. RATIO
PER 506.2.2 ( R-2 ) ( U )
1ST
FLOOR
ACTUAL 1351
+
1490 = 0.28
ALLOWABLE 7000 16500
2ND
FLOOR
ACTUAL 2887
+
0 = 0.41
ALLOWABLE 7000 16500
3RD
FLOOR
ACTUAL 2529
+
0 = 0.36
ALLOWABLE 7000 16500
TOTAL BUILDING RATIO 1.06 2.00
*FLOOR RATIO NOT TO EXCEED 1 PER C.B.C. 508.4.2
5-UNIT TYPE C AREA CALCULATION TABLE
1ST
FLOOR
2ND
FLOOR
3RD
FLOOR
TOTAL
GARAGE (U) 2357 2357
UTILITIES (U) 59 59
U OCCUPANCY SUB-TOTAL 2416 2416
RESIDENTIAL UNIT (R-2) 2048 3900 4158 10106
PORCH (R-2) 351 0 0 351
BALCONY (R-2) 0 808 0 808
R-2 OCCUPANCY SUB-TOTAL 2399 4708 4158 11265
TOTAL AREA PER FLOOR 4815 4708 4158 13681
BUILDINGS 3, 4, & 5 - TYPE C GROSS AREA CALCULATIONS
MIXED OCCUPANCY AREA DETERMINATION (C.B.C. 506.2.2)

CALCULATED

RATIO PER
506.2.2*
MAX. RATIO
PER 506.2.2 ( R-2 ) ( U )
1ST
FLOOR
ACTUAL 2399
+
2416 = 0.49
ALLOWABLE 7000 16500
2ND
FLOOR
ACTUAL 4708
+
0 = 0.67
ALLOWABLE 7000 16500
3RD
FLOOR
ACTUAL 4158
+
0 = 0.59
ALLOWABLE 7000 16500
TOTAL BUILDING RATIO 1.76 2.00
*FLOOR RATIO NOT TO EXCEED 1 PER C.B.C. 508.4.2
6-UNIT TYPE D AREA CALCULATION TABLE
1ST
FLOOR
2ND
FLOOR
3RD
FLOOR
TOTAL
GARAGE (U) 2848 2848
UTILITIES (U) 59 59
U OCCUPANCY SUB-TOTAL 2907 2907
RESIDENTIAL UNIT (R-2) 2159 4630 4990 11779
PORCH (R-2) 370 370
BALCONY (R-2) 0 790 0 790
R-2 OCCUPANCY SUB-TOTAL 2529 5420 4990 12939
TOTAL AREA PER FLOOR 5436 5420 4990 15846
BUILDING 6 - TYPE D GROSS AREA CALCULATIONS
MIXED OCCUPANCY AREA DETERMINATION (C.B.C. 506.2.2)

CALCULATED

RATIO PER
506.2.2*
MAX. RATIO
PER 506.2.2 ( R-2 ) ( U )
1ST
FLOOR
ACTUAL 2529
+
2907 = 0.48
ALLOWABLE 8190 16500
2ND
FLOOR
ACTUAL 5420
+
0 = 0.66
ALLOWABLE 8190 16500
3RD
FLOOR
ACTUAL 4990
+
0 = 0.61
ALLOWABLE 8190 16500
TOTAL BUILDING RATIO 1.76 2.00
BUILDING 2 - TYPE B GROSS AREA CALCULATIONS
*FLOOR RATIO NOT TO EXCEED 1 PER C.B.C. 508.4.2

0.17 INCREASE - PER C.B.C 506.3
{7000 + [7000 x 0.17] } = 8190
5-UNIT TYPE C AREA CALCULATION TABLE
1ST
FLOOR
2ND
FLOOR
3RD

FLOOR TOTAL
GARAGE (U) 2564 2564
UTILITIES (U) 59 59
U OCCUPANCY SUB-TOTAL 2623 2623
RESIDENTIAL UNIT (R-2) 1265 3466 3842 8573
PORCH (R-2) 245 0 0 245
BALCONY (R-2) 0 539 0 539
R-2 OCCUPANCY SUB-TOTAL 1510 4005 3842 9357
TOTAL AREA PER FLOOR 4133 4005 3842 11980
MIXED OCCUPANCY AREA DETERMINATION (C.B.C. 506.2.2)

CALCULATED

RATIO PER
506.2.2*
MAX. RATIO
PER 506.2.2 ( R-2 ) ( U )
1ST
FLOOR
ACTUAL 1510
+
2623 = 0.37
ALLOWABLE 7000 16500
2ND
FLOOR
ACTUAL 4005
+
0 = 0.57
ALLOWABLE 7000 16500
3RD
FLOOR
ACTUAL 3842
+
0 = 0.55
ALLOWABLE 7000 16500
TOTAL BUILDING RATIO 1.50 2.00
*FLOOR RATIO NOT TO EXCEED 1 PER C.B.C. 508.4.2

Page 174 of 199 ends