Milpitas City Council
August 13, 2024

ENGINEERS  PLANNERS  SURVEYORS
4690 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T: (925) 227-9100 / F: (925) 227-9300 / www.rja-gps.com

ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS

GEOMAX - OFFSITE WATER LINE REPLACEMENT
(For Off-Site Improvements Bonding Purposes) September 22, 2023 Job No. 211072

DESCRIPTION QUANTITY UNIT PRICE AMOUNT
A. SITEWORK

1. Remove and Replace Existing AC Pavement 1,200 SF $5.00 $6,000 SUBTOTAL = $6,000
B. POTABLE WATER

1. Remove Existing 12" Water Line 380 LF $150.00 $57,000

2. 12" Water PVC (Including Valves, Fittings & Thrust Blocks) 380 LF $300.00 $114,000

3. Connect to Existing Water 2 EA $5,000.00 $10,000
SUBTOTAL = $124,000
ITEM
G:\Job2021\211072\Admin\Estimates\Geomax Off-Site Estimate (LUNDY AND TRADE ZONE).xlsx

EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 10614
As evidence of understanding the provisions contained in this Agreement, and of the Developer’s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: $790,000
Surety: _______________________________________
Attorney-in-fact: ________________________________
Address: ______________________________________
______________________________________________
______________________________________________
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $790,000
Surety: _______________________________________
Attorney-in-fact: ________________________________
Address: ______________________________________
______________________________________________
______________________________________________
MONUMENT SECURITY: $10,925
Included with above bonds

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider Fee Waiver Requests from the Filipino American Real Estate Professional Association and Saint Elizabeth Church (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/13/2024
Recommendation: (1) Approve a Fee Waiver of $1,500 for the Filipino American Real Estate Professional Association Crossroads of Culture Dinner and Fundraiser at the Community Center Auditorium on August 22, 2024; and (2) Approve a Fee Waiver of $1045.27 for the St.

Elizabeth Church Family Festival at the St. Elizabeth Church Parking Lot on September 22, 2024.

BACKGROUND:

On May 3, 2024, staff received a Donation and Fee Waiver/Reduction Policy request from the Filipino American Real Estate Professional Association (FAREPA) for their annual installation dinner and fundraiser on Thursday, August 22, 2024, at the Milpitas Community Center Auditorium. The request is for a $1,500 fee waiver for the auditorium rental fees.

On July 18, 2024, staff received a Donation and Fee Waiver/Reduction Policy request from St. Elizabeth Church for their Parish Festival at the St. Elizabeth Church Parking Lot. The request is for $1,045.27 fee waiver for the special event permit fees.

ANALYSIS:

Two Donation and Fee Waiver/Reduction Policy request applications were received by the Recreation and Community Services Department. Applications included two (2) requests for fee waiver.

Fee Waiver Requests
FAREPA submitted the required applications and documentation for the annual installation dinner and fundraiser Crossroads of Culture:
- Indoor Space Rental Application for Milpitas Community Center Auditorium - City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
FAREPA is requesting that City Council waive eligible fees for the auditorium hourly rental fees in the amount of $1,500. Fees ineligible for waiver include the rental application fee of $30 and refundable security/damage deposit of $500. Refundable security/damage deposits are refunded within 30 days of the rental.

St. Elizabeth Church submitted the required applications and documentation for their annual Parish Festival:
- Special Event Permit Application Packet
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
St. Elizabeth Church is requesting that City Council waive eligible fees for the special event permit fees in the amount of $1,045.27. Fees ineligible for waiver include staff fees.

Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” (Policy) on June 21, 2022. Per the Policy, eligible organizations can request City fees to be waived up to $1,500 or a donation amount up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non-discriminatory, and non-political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.

As required, FAREPA and St. Elizabeth Church have provided copies of their respective determination letters from the Internal Revenue Service stating they are tax-exempt organizations. All applicants meet the requirements as outlined in the Council adopted Donation and Fee Waiver/Reduction Policy.

POLICY ALTERNATIVE(S):

Alternative: Do not approve any one or combination of received fee waivers and donation applications as requested.

Pros: The City’s General Fund will not incur the costs of the fees waived.

Con: Denial of the request may not allow the non-profit organization to hold their events.

Reason not recommended: This request is consistent with the Council approved Policy.

FISCAL IMPACT:
$25,000 was approved and included in the FY 2024-25 City budget for City Council’s Unallocated Community Promotions with a current balance of $25,000. If these requests are approved by the City Council, then $22,454.73 would remain in that line item of the current year’s budget.

CEQA:

The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:
(1) Approve a Fee Waiver of $1,500 for the Filipino American Real Estate Professional Association Crossroads of Culture Dinner and Fundraiser at the Community Center Auditorium on August 22, 2024; and (2) Approve a Fee Waiver of $1045.27 for the St. Elizabeth Church Family Festival at the St. Elizabeth Church Parking Lot on September 22, 2024.

Attachment(s):
(a) FAREPA Donation/Fee Waiver Application
(b) FAREPA Internal Revenue Service (IRS) non-profit letter (c) St. Elizabeth Church Application
(d) St. Elizabeth Church Internal Revenue Service (IRS) non-profit letter




 



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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve 2024 Youth Advisory Commission Scholarship Awards (Staff Contact:

Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/13/2024
Recommendation: Approve three Youth Advisory Commission Community Service Scholarships of $750 each and authorize a budget appropriation of $2,250 from the Youth Holding Account to the Recreation and Community Services Department operating budget.

BACKGROUND:

Each year, the Youth Advisory Commission awards service scholarships to deserving Milpitas resident youth who are Junior or Senior (outgoing) high school students. Scholarships of $750 are approved and are presented annually at a City Council Meeting. At the June 4, 2024 Youth Advisory Commission meeting, the Commission reviewed submitted 2024 scholarship applications to make recommendation to City Council on final scholarship awards.

ANALYSIS:

At the June 4, 2024 Youth Advisory Commission meeting, the Commission reviewed nine (9) 2024 scholarship applications.

The Commission reviewed eligible applications on their ability to demonstrate:
• A history of community service beyond any school requirements. • Exemplary leadership and be a role model in his/her community. • Completion of the scholarship questionnaire, consisting of one short essay question. • Possession a minimum 2.5 accumulative, weighted GPA; transcript is required. • One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.

Youth Advisory Commission members are not eligible for this scholarship.

After careful deliberation and discussion, the Commission voted to recommend three (3) scholarships to Marilyn Do, Jaina Gandhi, and Dipanjot Kaur for City Council final approval.

FISCAL IMPACT:

This item requires a budget appropriation of $2,250 from the Youth Holding Account into the Recreation and Community Services operating budget. The Youth Holding Account balance is $17,436.85 which includes monies derived from donations, grants, and fundraisers hosted by the Youth Advisory Commission. If these scholarships are approved by the City Council, then $15,186.85 would remain in the holding account.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Per the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

Approve three Youth Advisory Commission Community Service Scholarships of $750 each to Marilyn Do, Jaina Gandi, and Dipanjot Kaur, and authorize a budget appropriation of $2,250 from the Youth Holding Account to the Recreation and Community Services Department operating budget.

ATTACHMENTS:
(a) Youth Advisory Commission Scholarship Recommended Applications (b) Budget Change Form

Youth Advisory Commission
Community Service Scholarship Application
Scholarship Application and Questionnaire Due: June 3, 2024 The City of Milpitas Youth Advisory Commission has established a scholarship program for Milpitas residents currently in high school, of junior or senior (outgoing) standing. The purpose of the scholarship program is to encourage students to continue their education by enrolling in a higher education or trade school. and provide financial assistance to students who wish to continue their education. A $750.00 monetary scholarship will be awarded to one (1) high school junior or senior, to be used toward future school opportunities/supplies/tuition. The recipient must meet the following criteria and will be selected by the Youth Advisory Commission:
• Must be a high school junior or senior and a resident of Milpitas. • Must demonstrate a history of community service beyond any school requirements. • Must demonstrate exemplary leadership and be a role model in his/her community. • Must complete the scholarship questionnaire, consisting of one short essay question. • Must possess a minimum 2.5 accumulative, weighted GPA. An official school transcript is required. • One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader. • Applications must be received no later than June 3, 2024 at 5:00 p.m.

Please Print
Gandhi, Jaina S
Last First MI
Street, City & Zip
Phone Email
Graduating from Milpitas High School in June 2024, Attending UC Berkeley starting Fall 2024 Graduating High School Jr. College/College/Trade School /University you plan/ hope on attending

9-12: 4.44
10-12: 4.54
GPA (accumulative, weighted)
Note: Please attach transcript. GPA and transcripts will be kept confidential.

Are you or your family currently receiving public assistance, utilizing assistance programs, low-income benefits or services? (Optional)
Yes
No

Milpitas Community Center, 457 E. Calaveras Blvd., (408) 586-3210
Milpitas Senior Center, 40 N. Milpitas Blvd. (408) 586-3400 Milpitas Sports Center, 1325 E. Calaveras Blvd., (408) 586-3225 Youth Advisory Commission
Community Service Scholarship Questionnaire
Please type your response to the following short essay questions. Responses should not exceed 250 words.

1. Tell us about the Community Service project that you were most proud of.

What did you learn from that experience?
Leading projects such as school resource fairs, mock elections,and merchandise campaigns in various commissioner positions, I’ve executed my fair share of community service projects. However, Homecoming Court will always be special.

From the very beginning, my goal for this project was to rethink. Flipping through old plans for the event, I grew increasingly tired of the same multistep plans:
nominate, vote, and crown the King and Queen. To convince people to see a purpose in the event, and prevent it from being a shallow popularity contest, I had to involve student voices. To do so, I sent out a poll, asking students to select three characteristics they wanted to see in their Homecoming Royals. Meeting with my committee, I coordinated my extravagant plans with practicality restrictions. Reaching out to involve student groups like cheer and band, I planned the reveal for our first gender-inclusive Homecoming Royals. Through these endeavors, the final two royals became representatives for the record breaking 1150+ students who united to vote for them. Beyond any school tradition, the voters resonated with its purpose. What I had set out to do with Homecoming Court was carve a legacy for myself, but what I discovered was far more significant. In this journey of reimagining a tradition, I discovered more than just the complexity of event planning – I uncovered the driving force of innovation, collaboration, and the rippling impact that the actions of a small community of people can have on the lives of a larger majority.

2. How will this scholarship impact you?
I was 15 when I marched into Great Clips, proudly proclaiming that I wanted to donate 10 inches of hair. As the cosmetologist began trimming hair, I found myself pondering, will this hair help a chemotherapy, perhaps an alopecia patient? As a part of the Red Cross already as a Health & Safety committee member, I was educating the community through events such as How to Build a First-Aid Kit, Hands Only CPR Training, etc. However, donating hair made me realize that often a direct approach and active commitment to a cause can have a larger benefit. Keeping that in mind, I pursued Services to the Armed Forces in the Red Cross Silicon Valley Chapter and led my committee to organize dynamic events such as Refugee Simulations. Now, as Blood Services Coordinator, I have hosted multiple How to Host a Blood Drive seminars and launched our first Youth Corps Campaign for Blood Ambassadors. This Youth Advisory Commission Scholarship is not simply another opportunity for me to quicken the pace towards my goals, but a depiction of the same flexibility with which I’ve tried to give back to my community. Focusing on the essence of liberal medical education, I am excited to not only pursue biomedical research at UC Berkeley, but explore a holistic view of healthcare that will fuel my other passions of community service and hands-on clinical experience. The money from this scholarship will aid in these future endeavors, specifically in helping pay for textbooks and reading material for the MCAT.

3. Tell us about a time you experienced failure, and what you learned from that experience?

This year, Milpitas Science Olympiad decided to work towards a goal of qualifying for State Championships. Drafting a schedule for multiple competitions throughout the year, and teaching events to members of our team, as Captain, I found my own strength in putting every ounce of my effort towards this goal. Unfortunately, top 4 out of 40 teams went to States from our region and we received 5th place. I made our team’s “failure” my personal failure. After the awards ceremony, I realized I needed to turn to my teammates and remind them that in the end, they tried their best and that was all that mattered. But before I could say anything to them, I was swarmed by my other two captains and my teammates. Even as we were all mourning what we believed to be our collective “failure”, I realized what I was experiencing wasn’t “failure” at all, but something beautiful. I truly believe everyone came into this community looking to discover something new about ourselves. Whether it was the freshmen who found a safe space for their inner scientists, or the seniors like me who wanted to establish a legacy, we found what we needed. Whether it was a love for engineering, a passion for science, or a desire for competition, we had fulfilled our own unique purpose. Not qualifying for States helped me realize that with a simple shift in perspective, any failure can be considered a success or moment of growth.

All applications and questionnaires are to be submitted by email , by June 3, 2024 to: Vince Collantes, Recreation Program Coordinator
E-mail: v [email protected]
Questions: (408) 586-3231
I, the undersigned, do herby agree to allow the individual named herein to participate in the YAC Community Service Scholarship program. I certify that all statements made in this application are true and correct to the best of my knowledge, and I agree and understand that if I am to receive this scholarship, any false statements may result in my disqualification.

Jaina Gandhi 6/1/24
Signature of Applicant Date

ASSiSTANT PRiNCiPALS
SEAN ANDREW JENNiFER JONATHAN CASEY
ANGLON DiNH HUTCHiSON MACH MCMURRAY

MILPITAS HIGH SCHOOL
GREG WOHLMAN - Principal | Milpitas Unified School District October 25, 2023
Re: Jaina Gandhi
To Whom It May Concern:

Jaina Gandhi has honored me with the request of writing her a letter of recommendation as she is in pursuit of D VFKRODUVKLSWRXVH for undergraduate study. I feel confident giving Jaina the strongest recommendation possible for WKLVVFKRODUVKLS due to her academic achievements and promise.

Jaina was in my AP Chemistry class her junior year. In this class she has proved herself as a good student who contributes to the class. Jaina works well in lab partnerships and teams. She is quiet but she shows her attention and understanding through other ways of participating in class. She is always courteous and respectful towards her classmates and me. Jaina completes her tasks in a timely manner making sure she turns in quality work.

Jaina’s lab work has always been good, but I have been continually impressed with her improvements and she learns to use different tools. Jaina’s analysis of data has been spot on. She thinks through challenges critically. Jaina asks for help when needed and learns from her mistakes. I have also been impressed with her collaboration skills. She related that she found the importance of collaboration in a lab early in the school year. She described the delicate balance needed between getting perfect data and developing a trusting relationship with her lab partner.

Jaina is also a member of our Science Olympiad team which I coach. Jaina has been a tremendous influence for good on our team. She has been an event lead, MESO coordinator, and a current captain. Jaina’s work as MESO coordinator was phenomenal. She coordinated 20 workshops for approximately 200 first to sixth graders. These workshops were praised and enjoyed by all of the participants. Jaina always works well with everyone. She leads by example and works hard to make sure all are included. While she has been successful in her events, she always concerned about how the team as a whole does. She encourages others and helps them be as successful as they can be.

I believe Jaina is an excellent candidate for WKLVVFKRODUVKLS. She will take advantage of the opportunities given to her and will become a productive citizen. If you have any questions or concerns, feel free to contact me via e-mail or phone.

Sincerely,
Letta S. Meyer, EdD
AP Chemistry Teacher and Science Olympiad Coach
(408) 635-2800 ext. 4060
[email protected]
Sincerely,

General Contact Addt'l Info Programs 0 User Codes
Jaina Gandhi
GPAs
2023-2024 | Milpitas HighGrade 12 | Fall Semester
2023-2024 | Mission CollegeGrade 12 | Fall Semester
2022-2023 | Mission CollegeGrade 11 | Summer Session
2022-2023 | Milpitas HighGrade 11 | Spring Semester
2022-2023 | Milpitas HighGrade 11 | Fall Semester
Transcripts
Graduation Track Graduated Grad Stat Expected Grad
Default
Comment
This process will recompute the student's built-in gpa and any district gpas defined below. (W) Acad GPA (W) Total GPA (W) 10-12 GPA Credit Att/Compl

4.45 4.44 4.54 270.00 270.00
Name GPA Class Rank/Size GPA Last Updated Class Rank Last Updated Course History
Sort by Subject Sort by Date Descending
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 341 2023-2024 5 12 100064 AP English P H/AP B 5.00 5.00 341 2023-2024 5 12 304264 AP Micro P H/AP A- 5.00 5.00
341 2023-2024 5 12 403065 AP Physics P H/AP B- 5.00 5.00 341 2023-2024 5 12 600205 PE HS N A- 5.00 5.00
341 2023-2024 5 12 601585 Dance Intm P A+ 5.00 5.00
341 2023-2024 5 12 703075 Leadership P A+ 5.00 5.00
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 5192 2023-2024 5 12 CULELT COLLEV Elective P H A 10.00 10.00 Emerging Infectious
Diseases
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 5192 2022-2023 7 11 CULELT COLLEV Elective P H A 10.00 10.00 Hispanic Roots and
Culture
5192 2022-2023 7 11 CULELT COLLEV Elective P H B 10.00 10.00 Software Development
With Java
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 341 2022-2023 6 11 100053 English III H P H A- 5.00 5.00 341 2022-2023 6 11 204565 AP Statistics P H/AP A- 5.00 5.00 341 2022-2023 6 11 306865 AP Psychology P H/AP A 5.00 5.00 341 2022-2023 6 11 402065 AP Chem P H/AP A- 5.00 5.00
341 2022-2023 6 11 502345 Spanish III P A- 5.00 5.00
341 2022-2023 6 11 703075 Leadership P A 5.00 5.00
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 341 2022-2023 5 11 100053 English III H P H A- 5.00 5.00 341 2022-2023 5 11 204565 AP Statistics P H/AP A- 5.00 5.00 341 2022-2023 5 11 306865 AP Psychology P H/AP A 5.00 5.00 341 2022-2023 5 11 402065 AP Chem P H/AP B+ 5.00 5.00

6/1/24, 2:21 PM Transcripts
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2021-2022 | Mission CollegeGrade 10 | Summer Session
2021-2022 | Milpitas HighGrade 10 | Spring Semester
2021-2022 | Milpitas HighGrade 10 | Fall Semester
2020-2021 | San Jose City CollegeGrade 10 | Summer Session 2020-2021 | Milpitas HighGrade 9 | Spring Semester
2020-2021 | Milpitas HighGrade 9 | Fall Semester
2019-2020 | Math Jam SJCCGrade 9 | Summer Session
2019-2020 | Thomas Russell MiddleGrade 8 | Spring - Q3
341 2022-2023 5 11 502345 Spanish III P A- 5.00 5.00
341 2022-2023 5 11 703075 Leadership P A 5.00 5.00
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 5192 2021-2022 7 10 CULCIV COLLEV Civics P H A 10.00 10.00 American Government
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 341 2021-2022 6 10 100112 English IIA P A 5.00 5.00
341 2021-2022 6 10 204265 AP Calc BC P H/AP A- 5.00 5.00 341 2021-2022 6 10 301062 AP Wrld Hist P H/AP A 5.00 5.00 341 2021-2022 6 10 402055 Chemistry H P H A- 5.00 5.00
341 2021-2022 6 10 502245 Spanish II P A- 5.00 5.00
341 2021-2022 6 10 703075 Leadership P A 5.00 5.00
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 341 2021-2022 5 10 100112 English IIA P A 5.00 5.00
341 2021-2022 5 10 204265 AP Calc BC P H/AP B+ 5.00 5.00 341 2021-2022 5 10 301062 AP Wrld Hist P H/AP A 5.00 5.00 341 2021-2022 5 10 402055 Chemistry H P H A 5.00 5.00
341 2021-2022 5 10 502245 Spanish II P A 5.00 5.00
341 2021-2022 5 10 703075 Leadership P A 5.00 5.00
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 5123 2020-2021 7 10 CULUSH COLLEV US Hist P H A 10.00 10.00 Hist of the US Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 341 2020-2021 6 9 100111 English IA P A 5.00 5.00
341 2020-2021 6 9 203555 Pre Calculus H P H A- 5.00 5.00 341 2020-2021 6 9 401045 Biology P A+ 5.00 5.00
341 2020-2021 6 9 502145 Spanish I P A+ 5.00 5.00
341 2020-2021 6 9 600201 PE 9 N P 5.00 5.00
341 2020-2021 6 9 703075 Leadership P A 5.00 5.00
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 341 2020-2021 5 9 100111 English IA P A 5.00 5.00
341 2020-2021 5 9 203555 Pre Calculus H P H B+ 5.00 5.00 341 2020-2021 5 9 401045 Biology P A+ 5.00 5.00
341 2020-2021 5 9 502145 Spanish I P A+ 5.00 5.00
341 2020-2021 5 9 600201 PE 9 N P 5.00 5.00
341 2020-2021 5 9 703075 Leadership P A 5.00 5.00
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 61338 2019-2020 7 9 UMATL3 ODTUCA Math L3 P P 10.00 10.00 Math III Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 232 2019-2020 3 8 101548 Engl Lang Arts8 CR 3.33 3.33
232 2019-2020 3 8 206246 Int CCMath II P CR 3.33 3.33
6/1/24, 2:21 PM Transcripts
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2019-2020 | Thomas Russell MiddleGrade 8 | Fall- Q2
2019-2020 | Thomas Russell MiddleGrade 8 | Fall - Q1
2018-2019 | Thomas Russell MiddleGrade 7 | Spring - Q3
2018-2019 | Thomas Russell MiddleGrade 7 | Fall- Q2
2018-2019 | Thomas Russell MiddleGrade 7 | Fall - Q1
232 2019-2020 3 8 302048 US History 8 CR 3.33 3.33
232 2019-2020 3 8 400048 Science 8 CR 3.33 3.33
232 2019-2020 3 8 600208 PE 8 N CR 3.33 3.33
232 2019-2020 3 8 702979 Leadership MS N CR 3.33 3.33
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 232 2019-2020 2 8 101548 Engl Lang Arts8 A+ 3.33 3.33
232 2019-2020 2 8 206246 Int CCMath II P A 3.33 3.33
232 2019-2020 2 8 302048 US History 8 A 3.33 3.33
232 2019-2020 2 8 400048 Science 8 A+ 3.33 3.33
232 2019-2020 2 8 600208 PE 8 N A+ 3.33 3.33
232 2019-2020 2 8 702979 Leadership MS N A+ 3.33 3.33
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 232 2019-2020 1 8 101548 Engl Lang Arts8 A 3.33 3.33
232 2019-2020 1 8 206246 Int CCMath II P A- 3.33 3.33
232 2019-2020 1 8 302048 US History 8 A+ 3.33 3.33
232 2019-2020 1 8 400048 Science 8 A+ 3.33 3.33
232 2019-2020 1 8 600208 PE 8 N A+ 3.33 3.33
232 2019-2020 1 8 702979 Leadership MS N A+ 3.33 3.33
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 232 2018-2019 3 7 101047 Lang Arts 7 A+ 3.33 3.33
232 2018-2019 3 7 200048 Math 8 A+ 3.33 3.33
232 2018-2019 3 7 300047 Soc St 7 A+ 3.33 3.33
232 2018-2019 3 7 400047 Science 7 A+ 3.33 3.33
232 2018-2019 3 7 600207 PE 7 N A+ 3.33 3.33
232 2018-2019 3 7 702979 Leadership MS N A+ 3.33 3.33
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 232 2018-2019 2 7 101047 Lang Arts 7 A+ 3.33 3.33
232 2018-2019 2 7 200048 Math 8 A+ 3.33 3.33
232 2018-2019 2 7 300047 Soc St 7 A+ 3.33 3.33
232 2018-2019 2 7 400047 Science 7 A- 3.33 3.33
232 2018-2019 2 7 600207 PE 7 N A+ 3.33 3.33
232 2018-2019 2 7 702979 Leadership MS N A+ 3.33 3.33
Schl Year Tm Grd Crs ID Std Course Title RT CP N/H Mark Atmp Comp Special Crs Title Indicators More 232 2018-2019 1 7 101047 Lang Arts 7 A+ 3.33 3.33
232 2018-2019 1 7 200048 Math 8 A+ 3.33 3.33
232 2018-2019 1 7 300047 Soc St 7 A+ 3.33 3.33
232 2018-2019 1 7 400047 Science 7 A 3.33 3.33
232 2018-2019 1 7 600207 PE 7 N A- 3.33 3.33
232 2018-2019 1 7 702979 Leadership MS N A+ 3.33 3.33
Transcript Indicators Legend
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Youth Advisory Commission
Community Service Scholarship Application
Scholarship Application and Questionnaire Due: June , 202 The City of Milpitas Youth Advisory Commission has established a scholarship program for Milpitas residents currently in high school, of junior or senior (outgoing) standing. The purpose of the scholarship program is to encourage students to continue their education by enrolling in a higher education or trade school. and provide financial assistance to students who wish to continue their education. A $ monetary scholarship will be awarded to one (1) high school junior or senior, to be used toward future school opportunities/supplies/tuition.

The recipient must meet the following criteria and will be selected by the Youth Advisory Commission:
x Must be a high school junior or senior and a resident of Milpitas. x Must demonstrate a history of community service beyond any school requirements. x Must demonstrate exemplary leadership and be a role model in his/her community. x Must complete the scholarship questionnaire, consisting of one short essay question. x Must possess a minimum 2.5 accumulative, weighted GPA. $QRIILFLDOVFKRROWranscript is required. x One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.
x Applications must be received no later than June , 202 at 5:00 p.m.

Please Print
Last First MI
Street, City & Zip
(
Phone Email
Graduating High School Jr. College/College/Trade School /University you plan/ hope on attending GPA (accumulative, weighted)
Note: Please attach transcript. GPA and transcripts will be kept confidential.

Are you or your family currently receiving public assistance, utilizing assistance programs, low-income benefits or services? (Optional)
Yes
No
Milpitas Community Center, 457 E. Calaveras Blvd., (408) 586-3210 Milpitas Senior Center, 40 N. Milpitas Blvd. (408) 586-3400 Milpitas Sports Center, 1325 E. Calaveras Blvd., (408) 586-3225 Kaur Dipanjot
Milpitas Middle College High Sc San Jose State University

4.19

Youth Advisory Commission
Community Service Scholarship Questionnaire
Please type your response to the following short essay questions. Responses should not exceed 250 words.

1. Tell us about the Community Service project that you were most proud of. What did you learn from that experience?
I am a teacher at Guru Nanak Khalsa School who taught Punjabi and my proudest accomplishment is about one of my memorable students I taught.

As teachers, we come across various students, but sometimes we get situations that are out of our control. This was what I experienced when I came across my student whose words wouldn’t come out after endless stuttering. He was a kid who would collectively sway back and forth and found my instructions hard to attend to. Yet, there was an intellectual brilliance about him, regardless of his disability. This was my first time teaching a special student and I was scared to ask the mother about her child’s special needs.

As a teacher, my patience was tested. “Please read line 6 of Lesson 2,” I told the student. He’d look at the text in confusion for a while. Similarly, the class would end with an outburst of tears from him due to the confusion he was put under. In all my four years of doing this community service, this was the most challenging obstacle I faced.

The next Sunday presented itself but things were different in my teaching style. “Let’s all play a game, shall we?” Instead of traditional teaching styles, I played games like hangman to teach Punjabi. This captured his attention.

He hugged me and preached on the way out what he learned to his mother. I was wrong about this kid, and his score of 96/100 on his midterm proves that.

2. How will this scholarship impact you?
My passion for learning is endless and I want to pursue the field of justice studies and become a corporate lawyer. Although my parents will do their best to support me emotionally they, unfortunately, cannot provide for me financially during college.

I’ve always wished to continue my education beyond high school and never viewed it as an option but a priority. However, looking at the costs and tuition fees for San Jose State University, the institution I’ve decided to attend, I’ve been suffering indisputiably with their high costs. At this moment in my life, I decided not to pursue this career.

While I’m inevitably grateful for my parents who are providing me a roof over my head, it’s been a rough time trying to figure out how I will pay for college and not fall into debt. Working part-time jobs to make ends meet is an option I’ve considered but I don’t want my studies to suffer immensely.

The Youth Advisory Commission works to advise the council regarding problems with youths and teens. I’ve also been fortunate enough to be a part of Santa Clara’s Student Wellness Advisory Group, SWAG where I’ve been involved in Youth Leadership events to promote awareness about teen mental health and wellness centers. This scholarship can help me cover my first semester trouble-free and help me buy a laptop when I won’t have my MUSD issued chromebook anymore.

With the non-working hours because of this scholarship I can also still continue at SWAG too.

3. Tell us about a time you experienced failure, and what you learned from that experience?

I’ve been enlightened by mistakes because of the lifelong lessons I’ve learned afterward.

My brother has suffered from addiction for the past few years, and while it might not show failure specifically from me, it does show the lack of support I’ve given him throughout his years. Being the older sibling, it was my job to guide him the right way. One day, when I saw him vaping in my bathroom, I didn’t tell my mother or any family members, as I knew he would get into big trouble, and due to sympathy, now we are on the verge of losing him because he doesn’t want to be a part of our family anymore. I failed as a sibling. From this experience, I learned that if I had just told my family or asked for support from other teen resources, we wouldn’t be experiencing these many troubling issues.

Some days he runs away and doesn’t return until midnight, and it shows what a horrible sister I was who couldn’t spend time with my sibling when he needed me the most.

From these troubling events, I decided to also join the Student Wellness Advisory Group to understand teen mental health issues and why some fall subject to drugs. Drugs can never help you succeed, and I wish to tell my brother more than anything that I want to give him my time and energy. I wish to take back all the mean words I said to him.

All applications and questionnaires are to be submitted by email, by June 3, 2024 to: Vince Collantes, Recreation Program Coordinator
E-mail: [email protected]
Questions: (408) 586-3231
I, the undersigned, do herby agree to allow the individual named herein to participate in the YAC Community Service Scholarship program. I certify that all statements made in this application are true and correct to the best of my knowledge, and I agree and understand that if I am to receive this scholarship, any false statements may result in my disqualification.

Signature of Applicant Date
Dipanjot Kaur 06/03/2024

Youth Advisory Commission
Community Service Scholarship Application
Scholarship Application and Questionnaire Due: June , 202 The City of Milpitas Youth Advisory Commission has established a scholarship program for Milpitas residents currently in high school, of junior or senior (outgoing) standing. The purpose of the scholarship program is to encourage students to continue their education by enrolling in a higher education or trade school. and provide financial assistance to students who wish to continue their education. A $ monetary scholarship will be awarded to one (1) high school junior or senior, to be used toward future school opportunities/supplies/tuition.

The recipient must meet the following criteria and will be selected by the Youth Advisory Commission:
x Must be a high school junior or senior and a resident of Milpitas. x Must demonstrate a history of community service beyond any school requirements. x Must demonstrate exemplary leadership and be a role model in his/her community. x Must complete the scholarship questionnaire, consisting of one short essay question. x Must possess a minimum 2.5 accumulative, weighted GPA. $QRIILFLDOVFKRROWranscript is required. x One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.
x Applications must be received no later than June , 202 at 5:00 p.m.

Please Print
Last First MI
Street, City & Zip
( )
Phone Email
Graduating High School Jr. College/College/Trade School /University you plan/ hope on attending GPA (accumulative, weighted)
Note: Please attach transcript. GPA and transcripts will be kept confidential.

Are you or your family currently receiving public assistance, utilizing assistance programs, low-income benefits or services? (Optional)
Yes
No
Milpitas Community Center, 457 E. Calaveras Blvd., (408) 586-3210 Milpitas Senior Center, 40 N. Milpitas Blvd. (408) 586-3400 Milpitas Sports Center, 1325 E. Calaveras Blvd., (408) 586-3225 Youth Advisory Commission
Community Service Scholarship Application
Scholarship Application and Questionnaire Due: June , 202 The City of Milpitas Youth Advisory Commission has established a scholarship program for Milpitas residents currently in high school, of junior or senior (outgoing) standing. The purpose of the scholarship program is to encourage students to continue their education by enrolling in a higher education or trade school. and provide financial assistance to students who wish to continue their education. A $ monetary scholarship will be awarded to one (1) high school junior or senior, to be used toward future school opportunities/supplies/tuition.

The recipient must meet the following criteria and will be selected by the Youth Advisory Commission:
x Must be a high school junior or senior and a resident of Milpitas. x Must demonstrate a history of community service beyond any school requirements. x Must demonstrate exemplary leadership and be a role model in his/her community. x Must complete the scholarship questionnaire, consisting of one short essay question. x Must possess a minimum 2.5 accumulative, weighted GPA. $Q RIILFLDO VFKRRO Wranscript is required. x One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.
x Applications must be received no later than June , 202 at 5:00 p.m.

Please Print
Last First MI
Street, City & Zip
( )
Phone Email
Graduating High School Jr. College/College/Trade School /University you plan/ hope on attending GPA (accumulative, weighted)
Note: Please attach transcript. GPA and transcripts will be kept confidential.

Are you or your family currently receiving public assistance, utilizing assistance programs, low-income benefits or services? (Optional)
Yes
No
Milpitas Community Center, 457 E. Calaveras Blvd., (408) 586-3210 Milpitas Senior Center, 40 N. Milpitas Blvd. (408) 586-3400 Milpitas Sports Center, 1325 E. Calaveras Blvd., (408) 586-3225

Tell us about the Community Service project that you were most proud of. What did you learn from that experience?
Last summer, I was struck by a speeding car. Since awakening from a four-day coma, along with various other injuries, I spent every hellish day for the following month in the hospital.

There, routine dominated my schedule; hours of therapy, physician check-ups, and medicinal-treatments were neatly blocked off on a chart. Any time unallotted was filled with boredom.

Going through this experience made me realize the harsh mental conditions present among pediatric-patients undergoing long hospital stays. Thus, after recovering, I resolved to alleviate these problems through my community service project–Code White.

I began by joining my hospital’s teen advisory group, composed of several former-pediatric patients, with the goal of improving pediatric patient experience through representation and past experience. In fact, last winter, we went around the pediatric-ward to distribute gifts, cards, and holiday cheer to patients stuck in the hospital during the holiday season. From that experience, it was abundantly clear that receiving cards had a dramatic mental impact. Therefore, I decided to outreach members of my community to make get-well-soon cards. Over the span of two months, I collected and made 66 cards, which are to be distributed over the course of the year to patients.

Now, our most current project revolves around designing a pediatric teen-space.

From this ongoing experience, I’ve learned that in such a negatively-filled environment, any kindness and interaction can go a long way; just as I was saved by the cards I received from my community, others can be energized by a small deed.

How will this scholarship impact you?
As a former PICU and pediatric rehabilitation patient, witnessing the bustling environment of the hospital, as well as the seamless collaborations between nurses and specialized physicians invigorated my passions to work in the hospital. Specifically, it inspired me to become a pediatrician.

However, the steps to becoming a pediatrician are notoriously known for being not only time-consuming and mentally exhausting but also financially debilitating. In fact, tuition for just medical school can cost upwards of $292,000 for all four years, nevermind other costs such as housing, meals, and USMLE fees. Unsurprisingly, these astounding prices are the reason why roughly 75% of medical students borrow federal student loans, all of which amount to roughly $3 billion borrowed per year. Thus, my goal is to avoid a large accumulation of student loans and debt by lowering my undergraduate expenses as much as possible. This scholarship will help me tremendously in achieving this intention.

Moreover, as a daughter in a relatively large family of six, I hope to ease the financial burden on my parents. Raising four children is no easy feat and as each of us enter our respective colleges, these expenses will accumulate. After all, coming from an Asian background, my parents hold a strong obligation to financially support us. Hence, from a personal standpoint as well as a rational perspective, I wish to lower my undergraduate costs as much as is feasible.

Tell us about a time you experienced failure, and what you learned from that experience? On the first day of sophomore year, I came onto campus with an unfounded cockiness. After all, freshman year was a breeze. With classes being online, I had no need to record any important deadlines or information; Google Classroom accomplished this task automatically for me.

As I breezed through the day, the uneventful periods–mostly composed of course expectations and class syllabus–reinforced my arrogance. The following day, I returned back to campus, confident I had completed all assignments. To my surprise, as I walked onto my first period English, everyone had a written half-paper-sheet sprawled out on their table. I had completely forgotten to finish the activity-reflection assigned the day before. While yesterday, I had sat in the front, undaunted by the academic intensity of high school, I now found myself bent over in the back, panickingly scribbling words–ignoring its coherence.

That was my first failure of in-person high-school. Although seemingly trifling, it reminded me of the importance of staying organized.

Since then, I’ve stressed the importance of coordinating deadlines and important dates by implementing several habits. For one, I keep a physical mini-notebook in my backpack to record any on-the-spot classroom announcements. To digitally craft my daily to-do lists, I employ platforms Google Keep and more-recently, Notion. For major events or social congregations, I use Google Calendar, particularly helpful in preventing scheduling conflicts.

Looking back, this “failure” played an instrumental role in my character revamping; it was a reality check that exposed me to my lacking flaws and stressed humility.

Youth Advisory Commission
Community Service Scholarship Questionnaire
Please type your response to the following short essay questions. Responses should not exceed  words.

1. Tell us about the Community Service project that you were most proud of. What did you learn from that experience?

2. How will this scholarship LPSDFW\RX"

3. Tell us about a time you experienced failure, and what you learned from that experience? All applications and questionnaires are to be submitted by email, by June , 202 to: 9LQFH&ROODQWHV, Recreation Program Coordinator
E-mail: YFROODQWHV#PLOSLWDVJRY
Questions: (408) 586-3231
I, the undersigned, do herby agree to allow the individual named herein to participate in the YAC Community Service Scholarship program. I certify that all statements made in this application are true and correct to the best of my knowledge, and I agree and understand that if I am to receive this scholarship, any false statements may result in my disqualification.

Signature of Applicant Date
Youth Advisory Commission
Community Service Scholarship Questionnaire
Please type your response to the following short essay questions. Responses should not exceed  words.

1. Tell us about the Community Service project that you were most proud of. What did you learn from that experience?

2. How will this scholarship LPSDFW \RX"

3. Tell us about a time you experienced failure, and what you learned from that experience? All applications and questionnaires are to be submitted by email, by June , 202 to: 9LQFH&ROODQWHV, Recreation Program Coordinator
E-mail: YFROODQWHV#PLOSLWDVJRY
Questions: (408) 586-3231
I, the undersigned, do herby agree to allow the individual named herein to participate in the YAC Community Service Scholarship program. I certify that all statements made in this application are true and correct to the best of my knowledge, and I agree and understand that if I am to receive this scholarship, any false statements may result in my disqualification.

Signature of Applicant Date

September 10, 2023
To whom it may concern:

I am writing to provide my enthusiastic recommendation for admission to your university for Marilyn Do. I had the pleasure of being Marilyn’s AP Psychology teacher at Milpitas High School during the 2022-2023 school year.

AP Psychology is a rigorous course requiring students to read a college-level textbook independently. Students take timed multiple-choice and essay exams every other week. Marilyn consistently achieved the highest score in the class on her multiple choice and free response exams. At least once per month, students are required to work with classmates on group projects.

Marilyn can delegate tasks to group members and follow through to ensure completion in a timely manner. She has a natural ability to guide her team to creative and innovative ideas. Her leadership style promotes inclusivity, as she brings out the strengths in her team members.

Marilyn has balanced her academic life with work and extracurricular activities. Through her participation in speech and debate, she has refined her superb communication skills. This is evident in her class presentations, as she articulates her ideas clearly and concisely. Her leadership skills and commitment to excellence are evident across her diverse interests and experiences.

Marilyn is a student that any teacher feels lucky to have in class. She brings her cheerful demeanor and positivity to our classroom and campus. She develops a personal connection with her teachers and classmates. Marilyn stands out not only for her academic prowess but also for being personable, down-to-earth, and likable. Her perseverance in academics and continued positivity in light of her injuries this summer are a testament to her drive and character.

Please contact me for any additional information or further elaboration on Marilyn's qualifications. I am happy to provide any further insight into her abilities and character. I am confident that she will be an asset to your school community.

Sincerely,
Kathryn Peterson
Kathryn Peterson
Milpitas High School
Social Studies Department
[email protected]

Parent/guardian name, address, telephone
Milpitas Middle College High School
1450 Escuela Pkwy
Do, Marilyn Kim-Oanh
Crs-ID Course Title Mark Att/Cmp
Student Name Grade
12 1239 Gingerwood Dr
Milpitas, CA 95035
Birthdate
05/19/2006
Dan Do/Michelle Hoang
(408) 942-6499
Counselor
0000084373 Lamb, Valerie
Student ID
Crs-ID Course Title Mark Att/Cmp Crs-ID Course Title Mark Att/Cmp Milpitas, CA 95035
May 28, 2024
Grade Transcript of Student Progress
(408) 635-2805
Grade 8 Fall - Q1 2019-2020
Thomas Russell Middle
p Int CCMath II 206246 B+ 3.33 3.33
Credit and GPA rules vary for MS Courses
Grade 8 Fall- Q2 2019-2020
Thomas Russell Middle
p Int CCMath II 206246 A 3.33 3.33
Credit and GPA rules vary for MS Courses
Grade 8 Spring - Q3 2019-2020
Thomas Russell Middle
p Int CCMath II 206246 CR 3.33 3.33
Credit and GPA rules vary for MS Courses
Grade 9 Fall Semester 2020-2021
Milpitas High
p English IA 100111 A 5.00 5.00
p Pre Calculus H 203555 B+ 5.00 5.00
p Biology 401045 A+ 5.00 5.00
p French I 501145 A+ 5.00 5.00
600201 P 5.00 PE 9 5.00
p Orchestra 601955 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.00
Grade 9 Spring Semester 2020-2021
Milpitas High
p English IA 100111 A 5.00 5.00
p Pre Calculus H 203555 B+ 5.00 5.00
p Biology 401045 A+ 5.00 5.00
p French I 501145 A+ 5.00 5.00
600201 P 5.00 PE 9 5.00
p Orchestra 601955 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.00
Grade 10 Fall Semester 2021-2022
Milpitas High
p English IIA 100112 A 5.00 5.00
p 204065 A 5.00 AP Calc AB 5.00
p 301062 A 5.00 AP Wrld Hist 5.00
p Chemistry H 402055 A- 5.00 5.00
p French II 501245 A+ 5.00 5.00
600205 A- 5.00 PE HS 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.50
Grade 10 Spring Semester 2021-2022
Milpitas High
p English IIA 100112 A 5.00 5.00
p 204065 A 5.00 AP Calc AB 5.00
p 301062 A 5.00 AP Wrld Hist 5.00
p Chemistry H 402055 A 5.00 5.00
p French II 501245 A- 5.00 5.00
600205 P 5.00 PE HS 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.60
Grade 10 Summer Session 2021-2022
San Jose City College
p History of the Unit CULUSH eA 10.00 10.00
p Principles of Macr CULECO oA 10.00 10.00
Credit Att: 20.00 Cmp: 20.00 TGPA: 5.00
Grade 11 Fall Semester 2022-2023
Milpitas High
p English III H 100053 A 5.00 5.00
p 204565 A 5.00 AP Statistics 5.00
p 306865 A 5.00 AP Psychology 5.00
p 401065 A 5.00 AP Biology 5.00
p French III 501345 A+ 5.00 5.00
p Orchestra 601955 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.67
Grade 11 Spring Semester 2022-2023
Milpitas High
p English III H 100053 A+ 5.00 5.00
p 204565 A 5.00 AP Statistics 5.00
p 306865 A 5.00 AP Psychology 5.00
p 401065 A 5.00 AP Biology 5.00
p French III 501345 A+ 5.00 5.00
p Orchestra 601955 A 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.67
Grade 11 Summer Session 2023-2024
Milpitas Middle College High
p Calculus II CMATL4 A 16.00 16.00
Credit Att: 16.00 Cmp: 16.00 TGPA: 5.00
Grade 12 Fall Semester 2023-2024
Milpitas Middle College High
p English IVH 100055 A- 5.00 5.00
p Honors Amer Gov 303054 A+ 5.00 5.00
p CollCarAdv 705045 CR 5.00 5.00
p Elem Vietnamese CFLA10 A 16.00 16.00
p Interpersonal Co CULENG mA 10.00 10.00
Credit Att: 41.00 Cmp: 41.00 TGPA: 5.00
--WORK IN PROGRESS--
Milpitas Middle College High
p English IVH 100055 5.00 0.00
p Honors Economic 304054 5.00 0.00
p Univ Studies 603185 5.00 0.00
p CollCarAdv 705045 5.00 0.00
Total Credit: 20.00
Foothill-De Anza Community College
San Jose City College

4.61 School Enter: 6/16/2023
Weighted
r = Repeated
Event Hours
State Seal of Biliteracy
Community Service
District Enter: 8/29/2011
10/23 Community Service
This transcript is unofficial unless
signed by a school official. Signature:
p = College Prep
Date:

Credit Attempted: 257.00
Credit Completed: 257.00
Class of 2024
Date
05/24
422.75
422.75
Acad GPA (9-12)
Total GPA (9-12)
Acad GPA (10-12)

4.60 4.78
State ID# 2457832972
Course Tags:

Needed

CREDIT SUMMARY
Subject Area Credit Req'd Compl
English 40.00 40.00 -
Mathematics 30.00 30.00 -
Science 20.00 20.00 -
Physical Science - - -
Life Science - - -
CultHist/SSElec 5.00 5.00 -
World History 10.00 10.00 -
US History 10.00 10.00 -
American Government 5.00 5.00 -
Economics 5.00 5.00 -
Physical Ed 20.00 20.00 -
Fine Arts 10.00 10.00 -
World Languages - - -
Elective 65.00 102.00 -
* TOTALS * 220.00 257.00 -
Algebra 1 Requirement Met
Career Pathway Requirement NOT Met

City of Milpitas, California

BUDGET CHANGE FORM
From (Credit) To (Debit)
Type of Change
Account Amount Account Amount
Check one:
 Budget
Appropriation
 Budget Transfer
100-3657 $2,250 100-164-4205 $2,250
Recommendation: Approve three Youth Advisory Commission Community Service Scholarships of $750 each and authorize a budget appropriation of $2,250 to the Recreation and Community Services Department operating budget.

BACKGROUND:

Each year, the Youth Advisory Commission awards service scholarships to deserving Milpitas resident youth who are Junior or Senior (outgoing) high school students. Scholarships of $750 are approved and presented annually at a City Council Meeting. At the June 4, 2024 Youth Advisory Commission meeting, the Commission reviewed 2024 scholarship applications to make a recommendation to City Council on final scholarship awards.

ANALYSIS:

At the June 4, 2024, Youth Advisory Commission meeting, the Commission reviewed nine (9) 2024 scholarship applications.

The Commission reviewed eligible applications on their ability to demonstrate:
• A history of community service beyond any school requirements. • Exemplary leadership and be a role model in his/her community. • Completion of the scholarship questionnaire, consisting of one short essay question. • Possession a minimum 2.5 accumulative, weighted GPA; transcript is required. • One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.

Youth Advisory Commission members are not eligible for this scholarship.

After careful deliberation and discussion, the Commission voted to recommend three (3) Scholarships to Marilyn Do, Jaina Gandhi, and Dipanjot Kaur for City Council final approval.

FISCAL IMPACT:

This item requires a budget appropriation of $2,250 from the Youth Holding Account into the Recreation and Community Services operating budget. The Youth Holding Account balance is $17,436.85, which includes monies derived from donations, grants, and fundraisers hosted by the Youth Advisory Commission. If these scholarships are approved by the City Council, then $15,186.85 would remain in the holding account.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Per the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

Approve three (3) Youth Advisory Commission Community Service Scholarships of $750 each to 1) Marilyn Do, Jaina Gandi, and Dipanjot Kaur, and authorize a budget appropriation of $2,250 from the Youth Holding Account into the Recreation and Community Services Department operating budget.

ATTACHMENTS:
1) Youth Advisory Commission Scholarship Recommended Applications 2) Budget Change Form
 Check if City Council Approval required. Meeting: August 13, 2024 Requested by: Department Head: Renee Lorentzen Date: August 13, 2024 Reviewed by: Finance Director: Luz Cofresí-Howe Date: August 13, 2024 Approved by: City Manager: Ned Thomas Date: August 13, 2024 Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve a Milpitas StoryWalk Initiative Installation at Murphy Park and Authorize the City Manager to Execute the Memorandum of Understanding with Santa Clara County Library District for the Initiative Partnership (Staff Contact:

Reneé Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 8/13/2024
Recommendation: Approve a Milpitas StoryWalk Initiative Installation at Murphy Park at no cost to the City and Authorize the City Manager to Execute a Memorandum of Understanding, approved as to form by the City Attorney, with Santa Clara County Library District for the Initiative Partnership.

BACKGROUND:

On November 6, 2023, the Parks, Recreation, and Cultural Resources Commission (PRCRC) received a presentation from the Milpitas Library on a request to consider establishing a partnership for a StoryWalk in Murphy Park. The Santa Clara County Library District (SCCLD) StoryWalk initiative pairs reading with an outdoor activity to promote literacy, movement, exercise, and family engagement. Individual SCCLD library branches are working with cities throughout Santa Clara County (SCC) to develop library, city and community partnerships. The PRCRC voted unanimously to recommend final approval by the City Council to approve a partnership with the SCCLD to install a StoryWalk site in Milpitas.

ANALYSIS:

On November 6, 2023, the Parks, Recreation, and Cultural Resources Commission received a presentation from the Milpitas Library Head Librarian on establishing a partnership between the Milpitas Library and the City of Milpitas for a StoryWalk in Murphy Park. The goals of StoryWalk are:
• Developing library, City, and community partnerships; • Promoting physical activity and healthy lifestyles;
• Promoting early literacy and language acquisition;
• Encouraging families to engage in literacy and exercise together; family members play a vital role in helping children develop a joy of learning;
• Providing opportunities for families to build values, traditions, and make memories; and • Providing opportunities for children to learn new words, describe things and events, and learn how to follow a story in sequence.

Stories
The StoryWalk program takes pages from a children’s book and attaches them to signs which are installed along a park pathway. Stories are carefully selected by Library staff but are informed by the communities in which the StoryWalk is being held. For example, Milpitas’ StoryWalk stories would reflect the rich diversity of its residents. The StoryWalks are designed to be visually engaging and may include illustrations, puzzles, and questions to stimulate children's curiosity. As families and children walk along the story path, they will encounter different pages of a story. To keep the experience fresh and exciting, the stories would be updated and changed multiple times throughout the year, providing new enjoyment with each visit. This not only encourages repeat visits to the park but also supports a rotating collection of literature that can introduce children to a variety of genres, authors, and cultural stories.

StoryWalk can serve as a venue for small community events, such as story time sessions, book-themed scavenger hunts, and literacy-related workshops. It can also involve local schools and community groups, fostering a sense of community and shared purpose in promoting reading and outdoor activity.

Locations and Displays
Ideal locations for a StoryWalk installation have features and amenities such as:
• City parks with high visitation by young families
• Pathways from a main parking lot or main entrance to and through well-used paths • Pathways that lead to and/or pass by the playground
• Enough linear pathway feet to 17 frames within line of sight from one to the next • StoryWalk would be between one-third to one-halfmile long andapproximately 100 feet between each sign
Milpitas Library staff visited several Milpitas Parks and suggested Murphy Park as the ideal park for a StoryWalk. The StoryWalk displays are designed for 18 inche high x 24 inche wide story pages with a 45- Degree angled display. Display frames and posts are powder-coated aluminum and are 28 to 32 inches from grade. Two sheets of acrylic protect the laminated story pages from the elements.

Partnership Roles
SCCLD Foundation SCCLD City of Milpitas
• Funds display hardware
and installation for one
StoryWalk in each SCC city
• Initiates collaborative
installation with city
• Provides a public park for
StoryWalk installation
• Work with funding partners
for continued support
• Owns, funds and conducts
regular maintenance of
each display
• Collaborates with the
SCCLD on the StoryWalk
displays
• Manages new story
installations 3 times per
year
Current Efforts and Next Steps
There are currently temporary StoryWalk installations in Cupertino, Los Altos and Morgan Hill. A permanent installation opened in Morgan Hill in June 2024 and permanent installations are upcoming in the cities of Saratoga and Campbell.

Should the City Council approve moving forward with a StoryWalk in Milpitas, City staff would execute a Memorandum of Understanding (MOU) with the SCCLD to clarify roles and responsibilities for both the installation of a StoryWalk installation and ongoing maintenance.

POLICY ALTERNATIVE(S):

Alternative: Do not approve a StoryWalk in Murphy Park and Approve the MOU to collaborate with the Santa Clara County Library District
Pros: City staff could focus on already planned projects and tasks.

Cons: Milpitas residents would not receive a beneficial enhancement to the Milpitas park system.

Reason Not Recommended: StoryWalk would be an enhancement to the Milpitas park system and support literacy within the community.

Fiscal Impact:

None. There are no initial or ongoing costs associated with this item.

California Environmental Quality Act:

The project has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378.

Recommendation(s):

Approve a Milpitas StoryWalk Initiative Installation at Murphy Park at no cost to the City and Authorize the City Manager to Execute a Memorandum of Understanding, approved as to form by the City Attorney, with Santa Clara County Library District for the Initiative Partnership Attachment(s):
(a) PRCRC November 6, 2023, Meeting Minutes
(b) SCCLD StoryWalk Initiative Presentation

StoryWalk
Initiative
SCCLD

At Santa Clara County Library District, YOU:

BELONG. CONNECT. DISCOVER.

STRATEGIC PLAN 2023-2028 GOALS

WELCOME
Use innovative service models to connect community members with the library
LISTEN
Value the voices of our patrons, our communities, and our partners.

INSPIRE
Build the foundations of literacy with out community.

Create a comprehensive Districtwide literacy program plan

INNOVATE
Foster a culture of curiosity and opportunity.

WHAT IS A STORYWALK
StoryWalk pairs reading with an outdoor activity to promote literacy, movement, exercise, and family engagement.

A StoryWalk takes pages from a children’s book and attaches them to signs which are installed along an outdoor path.

WHY STORYWALK
• Developing library, city, and community partnerships. • Promoting physical activity and healthy lifestyles
• Promoting early literacy & language acquisition
• Encouraging families to engage in literacy and exercise together • Family members play a vital role in helping children develop a joy of learning. StoryWalks provide an opportunity for families to build values, traditions, and make memories.
• An opportunity for children to learn new words, describe things and events, and learn how to follow a story in sequence.

SCCLD STORYWALK INSTALLATIONS
Temporary installations at Campbell,
Cupertino, Los Altos, Milpitas and Morgan Hill
Libraries.

Permanent installation opened in Morgan Hill –
June 2024. Upcoming installations in Saratoga
and Campbell.

SCCLD PLANNED FRAMES

Future Plans
• Installation of permanent StoryWalk signage
• Generously funded by the Santa Clara County Library District Foundation.

SCCLD Foundation Role SCCLD Role City Role
• Fund hardware &
installation for
one StoryWalk in each
city
• Work with funding
partners
• Collaborative installation
with city
• Ongoing maintenance of
the signage
• Regular rotation of new
stories 3x/year
• Providing a public space
for story installation
• Collaborative installation
with the library district

POTENTIAL STORIES - CURIOUS CITY

IDEAL LOCATION FOR INSTALLATION

QUESTIONS?
At Santa Clara County Library District, YOU:

BELONG. CONNECT. DISCOVER.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing, Adopt Resolutions Approving a Site Development Permit, Conditional Use Permit, and Environmental Assessment, and Introduce an Ordinance Establishing a Development Agreement to Allow the Development of a New Private Middle/High School at 1323 Great Mall Drive (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Category: Public Hearings-Community Development
Meeting Date: 8/13/2024
Recommendation: (1) Conduct a public hearing; (2) Consider Initial Study/Mitigated Negative Declaration pursuant to CEQA Guidelines Section 15064 and Public Resources Code Sections 21080(d) and 21082.2(d); (3) City Attorney shall read aloud title of the Ordinance; (4) Move to waive the first reading beyond the title and introduce Ordinance 38.856 approving a Development Agreement between the City of Milpitas and Store Master Funding IV, LLC; (5) Adopt a resolution to approve Conditional Use Permit No. UP23-0008, including Exhibit 1 to the resolution: Conditions of Approval; and (6) Adopt a resolution to approve Site Development Permit No. SD23-0012, including Exhibit 1 to the resolution: Conditions of Approval and Environmental Assessment No. EA24-0001, to approve an Initial Study/Mitigated Negative Declaration pursuant to CEQA Guidelines Section 15064 and Public Resources Code Sections 21080(d) and 21082.2(d), including Exhibit 2 to the resolution: Mitigation Monitoring and Reporting Program (MMRP).

BACKGROUND:

The City of Milpitas received an application from Jeremy Theodore of Inhabit Design (Applicant) requesting a Conditional Use Permit, Site Development Permit, Environmental Assessment, and Development Agreement to operate a new private middle/high school (Stratford Preparatory School) in an existing 51,740 square-foot, two-story office building, and develop a new 7,883 square-foot, 35-foot tall gymnasium building and other site improvements on a 3.0 acre lot located at 1323 Great Mall Drive, Milpitas, CA 95035 (Project).

The proposed school would serve up to 500 students and include 41 classrooms (general/biochemistry/art/ physical engineering), eight offices, four media common rooms, a library, and a theater. The proposed Project also includes exterior alterations to the building façade, including a new 7,883 square-foot gymnasium, an outdoor play area, and various site improvements. The site improvements include a new trash enclosure and a 14,695 square-foot artificial turf playfield to the west of the new gymnasium building.

The proposed Project requires three entitlements, as follows:
• Site Development Permit No. SD23-0012: To allow the development of a new 7,883 square-foot gymnasium, up to 35 feet in height, and associated site improvements on a 3-acre parcel; and • Conditional Use Permit No. UP23-0008: To allow the operation of a private middle/high school within an existing building; and
• Development Agreement No. DA24-0001: To provide certainty as to what development standards apply to this project.

The City prepared Environmental Assessment No. EA24-0001 and an Initial Study/Mitigated Negative Declaration (IS/MND) with the associated traffic analysis in accordance with CEQA to determine the potential impacts on the environment and establish CEQA compliance.

On June 26, 2024, the Planning Commission voted (5-0-2) recommending the City Council certify the Initial Study/Mitigated Negative Declaration (IS/MND) and approve the Project, subject to the findings and Conditions of Approval. The Planning Commission received public comment and voted to approve the proposed project with the following recommendation: that the City Council consider the studies/reports provided by the Applicant and the Milpitas Unified School District (MUSD) regarding the impact of the development on the existing public school system in evaluating the Project.

Staff has found that the required entitlements generally comply with the policies, standards, and processes outlined in the City of Milpitas 2040 General Plan, the Milpitas Metro Specific Plan (MMSP), the Zoning Ordinance, and other provisions of the Milpitas Municipal Code (MMC).

ANALYSIS:

This section will evaluate elements of the proposed Project for conformance with the Milpitas 2040 General Plan, the Milpitas Metro Specific Plan (MMSP), the Zoning Ordinance, and other provisions of the Milpitas Municipal Code.

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

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

Table 1: General Plan Consistency
Policy Conformance
LU 1-1: Support a full spectrum of conveniently
located residential, commercial, public, and
quasi-public uses that support and enhance
business development, regional transportation
objectives and promote the livability of
residential neighborhoods.

Consistent: The Project is located within the incorporated limits of the City of Milpitas and further completes the urban fabric without requiring the expansion of services to unincorporated areas. It contributes additional educational opportunities for residents and will also enhance the City’s business reputation by providing the first private high school in the city.

LU 1-6: Ensure adequate school sites by
allowing new schools to be located in a variety
of compatible land use designations, including
residential, commercial, public facilities, and
mixed-use designations.

Consistent: The Project is consistent with this policy, as it is located adjacent to the Great Mall, a hotel, several highdensity residential neighborhoods, and a mass transit center in a city-planned mixed-use area.

LU 7-4: Support the adaptive reuse, renovation,
or redevelopment of aging enters or
commercial uses that are no longer viable due
to changing market conditions, demographics,
or retail trends into areas that support mixed
use opportunities.

Consistent: The existing commercial building has been
vacant for years, including during the duration of the
TASP, and the Project proposes investing at least 20
million dollars to renovate and redevelop the site to
support the City’s mixed-use objectives for the area.

MMSP Conformance
The MMSP land use designation for the Project is Business Park Research & Development (R&D), Limited Residential (BPRD-R). This designation supports office, R&D, office-supportive commercial retail, hotels, and limited residential uses. As demonstrated in Table 2, the Project is consistent with the applicable MMSP land use policies.

Table 2: MMSP Consistency
Policy Conformance
M 6.2. Safe Routes to School. Work with Safe Routes
to School programs to encourage children to walk or
bike to school.

Consistent: The City engineering staff has
reviewed the Project to ensure that the Project will
establish safe walking routes to this new high
school location and the existing elementary school
to the south.

ICS 3.7. Require, where reasonable and feasible, that
commercial uses, schools, and non-residential mixeduse developments include dual plumbing to enable indoor recycled water use for nonpotable uses to the
extent feasible.

Consistent: The Project proposes a recycled water
line connection from Falcon Drive to the subject
site, which is in conformance with this requirement.

CB 7. Citywide Sustainability Policies. The Milpitas
Metro Plan Area is a center of development and
change in Milpitas and will serve as an example for the implementation of sustainable building practices in the city. Additional sustainability policies are located in the City of Milpitas Climate Action Plan.

Consistent: The Project will ensure that all
buildings on-site are certified Silver, Leadership in
Energy and Environmental Design (LEED), and
ensure compliance with the CAL Green Code.

LEED certification is a globally recognized symbol
of sustainability achievement and leadership.

However, the vision for the MMSP was for a more urban environment with a higher FAR and reduced setbacks. The intention was to allow for educational uses that are integrated with and support office and R&D.

As such, the Project is not consistent with three development standards within the MMSP: Floor Area Ratio (FAR), front yard, and street-side setback. Where the Project does not comply with development standards, the Development Agreement (DA) will address and mitigate it. This is further discussed in the next section.

Zoning Conformance
At the time of the Planning Commission hearing, the zoning designation was General Commercial with Transit Oriented Development Overlay (C2-TOD).

As of July 18, 2024, the zoning district is Business Park Research & Development. The purpose of the BPRD District is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry. The BPRD zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, warehouse, and light manufacturing uses on consolidated sites with supportive, ancillary uses such as restaurants, health/fitness centers, limited retail, and childcare facilities. Limited Residential (BPRD-R).

Since the Planning Commission reviewed the Project under the previous zoning designation of C2-TOD, the Project was analyzed for conformance with the C2-TOD development standards, which were in effect at the time the Planning Commission made its recommendation to City Council. The Project, as proposed, with the approval of a Development Agreement (DA), meets the development standards of the General Commercial with Transit-Oriented Development Overlay (C2-TOD) zoning district.

As demonstrated in Table 3, the Project is consistent with most of the applicable development standards for the MMSP Business Park Research & Development, Limited Residential (BPRD-R). Where the Project does not comply with development standards, the DA will address and mitigate it.

Table 3: Summary of MMSP Development Standards
Development
Standard Required Proposed Complies?
Density
Mixed-use:

1.0-5.0 FAR;
minimum
of 1.0 FAR
of office or R&D
51,740
(existing) +
7,883 (new) =
59,623 sf
Lot area =
130,680 SF
Proposed
FAR: 0.46
No, this will be
addressed with the DA
Building
Height,
maximum
275 feet or 18 stories 35 feet Yes
Front Yard
Setback
10 feet min,
20 feet max
from the back
of the sidewalk
96 feet No, this will be
addressed with the DA
Side Yard
Setback (street
side), minimum
10 feet min,
15 feet max 120 feet No, this will be addressed with the DA Side Yard
Setback
(Interior)
Minimum
10 feet 20 feet Yes
Rear Yard
Setback,
Minimum
10 feet 16 feet Yes
Vehicular
Parking
Requirements
Non-residential (non-industrial)
1 space per 1,500 square feet
(Minimum Requirement)
Maximum Requirement
1 space per 1,000 square feet
74,318 sf / 1,000 = 74
74 Yes
Table 4-2.

Bicycle
Parking
Requirements
Short-Term Parking Requirement
1 space per 20,000 square feet
59,623 sf / 20,000 = 3 x 1 = 3
96 Yes
Development Agreement
A Development Agreement (DA) is needed to provide certainty regarding the applicable development standards. The California Legislature adopted the Development Agreement Statute (Section 65864 et seq. of the Government Code) to strengthen public planning, encourage private participation, and reduce development risks. This statute allows cities to enter binding agreements with property owners, establishing certainty as to the development standards and right for a particular project and thereby encouraging investment and

redevelopment. On May 6, 1997, the City Council adopted Resolution No. 6642, which sets forth comprehensive procedures and requirements for the institution of development agreements.

The Project is eligible for a Development Agreement because the opening and pre-enrollment of a school requires significant front-end investment, and otherwise requires long-term certainty on the part of the Applicant, at least for the five-year term of the currently proposed DA.

Through the proposed Agreement, the landowner and City would preserve the FAR and side and front setbacks previously allowed for the subject property under the TASP, and thereby allow for the beneficial reuse of an existing building developed under previous standards with additional construction and improvements only allowable through the benefit of this DA.

In consideration, the landowner shall provide the following offsetting public benefits to the City:

1. Payment of One Million Dollars ($1,000,000) as a voluntary contribution to the City and community benefit to fund City services and infrastructure improvements at the discretion of the Council, payable at the time of issuance of final occupancy;

2. Design and construction of all-electric building with no natural gas infrastructure in furtherance of the City’s Climate Action goals
The proposed DA therefore allows redevelopment of a site long underutilized, including during the entirety of the TASP, subject generally to existing standards and select recently revised TASP standards so that the existing structure and site configuration can be beneficially reused. The proposed DA will hold these standards open for a period of five (5) years, should further redevelopment of the site be sought during this period. If changes are proposed that would expand the building footprint or increase student capacity over 500 students, the Project would need to be re-entitled in conformity with then current development standards.

Other Project Details
Specific information regarding Project details is provided below to aid the City Councill in making its recommendation:

Site and Architectural Design
The Project scope includes several site improvements, exterior façade upgrades, a new 7,883-square-foot, 35- foot-tall gymnasium located west of the existing building, and a 14,695-square-foot artificial turf playfield to the west of the new gymnasium building. In support of alternative transportation, 96 bike parking spaces are also located on the site's south edge. The existing building will receive light exterior cosmetic refinishing, including off-white paint on the concrete surfaces, painted metal panel accents at each entry canopy in Stratford’s blue branding colors, and new signage. The sitework will also provide the appropriate parking and drop-off spaces, accessible pathways, and connections between buildings and outdoor play areas, as shown in Attachment C.

The Project would preserve the remaining 66 parking spaces along the northern and eastern portions of the Project site and construct eight new parking spaces, resulting in a total of 74 parking spaces. Of these spaces, four of them would be accessible to disabled persons, and four of them would include electric vehicle charging capabilities.

The architectural modifications to the existing and new building will create continuity throughout the site. The design includes varying facades, colors, and materials to create a dynamic building that will distinguish the structure in the MMSP area. The exterior color of both buildings would be a variety of dark blue, red, light beige, and off-white. Exterior materials for both buildings would include concrete, grey brick, and spandrel glass, as depicted in Image 1.

Additionally, metal fences would encompass the Project site.

Image 1
Rendering
Image 2
Elevation
Image 2
Color Pallet
Climate Action Plan
The City of Milpitas Climate Action Plan (CAP) was adopted in 2013, updated in 2022, and includes Greenhouse Gas (GHG) reduction goals, policies, and actions for new and existing development projects. The Project would incorporate green building measures in compliance with CAL Green standard building measures for the building and Title 24 requirements to reduce energy usage. As discussed in Section 6, Energy, of the Initial Study/Mitigated Negative Declaration (IS/MND), the Project would ensure that all buildings-on-site would

be Leadership in Energy and Environmental Design (LEED) Silver certified, in compliance with the CAL Green Code. LEED certification is a globally recognized symbol of sustainability achievement and leadership. The LEED framework informs all building types, including new construction, interiors, operations and maintenance, and core and shell.

Landscaping & Open Space Design
The landscape design includes a combination of the existing landscaping and the new landscaping. The Project would remove approximately 35 non-ordinance sized trees. However, the Project would preserve 56 on-site trees that are in fair to good health and six new trees will be planted on-site. According to the Project’s preliminary landscape plan, there are no existing trees on-site with a trunk circumference greater than 37 inches. Additionally, various shrubs will be planted across the project site as shown on the Landscape Plan, Sheet L-1.0 in the Project Plans.

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

Utilities
The Project site is in an urban area and is currently served by existing utilities, including water, sanitary sewer, storm drainage, electricity, and telecommunications infrastructure. The MMSP police ICS 3.7. Requires, where reasonable and feasible, that commercial uses, schools, and non-residential mixed-use developments include dual plumbing to enable indoor recycled water use for non-potable uses to the extent feasible. The Project proposes a recycled water line connection from Falcon Drive to the subject site, which is in conformance with this requirement. All public utilities will be provided to the Project site.

Safety and Security
The Milpitas Police Department reviewed the Project and prescribed several measures to ensure the safety and security of the overall site and its occupants. All have been included in the Resolution as Project conditions of approval. For example, the outdoor play area is fenced off, separating it from the parking lot and Great Mall Parkway. As conditioned, the security camera will cover the outdoor play areas. Other conditions address high-definition video surveillance, adequate exterior lighting, posted exterior site signage to discourage trespassing and loitering, and filing emergency contact information with the Police Department.

Floor Plan and Operations
The existing building will be remodeled to accommodate the school's interior organization of classrooms and amenities. The first-floor plan includes the construction of six general classrooms, a multi-purpose hall with an attached stage, the staff lounge, offices, a conference room, a teacher’s workroom, a library, a music classroom, various restroom facilities, a kitchen, locker rooms, gym storage, and an entry lobby. The second floor has ten classrooms: one computer science, two physics/engineering, three art, four bio/chem, two media commons, and various restroom facilities.

The private elementary school serves up to 500 students, comprised of 6th through 12th graders. The school’s operating hours will be Monday to Friday, 7:00 am to 6:00 pm, with the campus opening at 7:00 am, staff arriving at 7:00-7:30 am, students arriving at 7:30-8:00 am, classes beginning at 8:00 am, classes ending at 3:30 pm, students departing 3:30-4:00 pm, most staff departing 4:00- 4:30 pm, and extracurricular activities continuing in smaller numbers from 3:30 pm-6:00 pm and smaller quantities of students and staff leaving by that time.

The school will hold occasional evening and weekend events such as basketball, volleyball, or other sports events, theater events, graduation events, and parent/teacher conferences, rarely exceeding 200 people but up to a maximum 500-person capacity, within the hours of 7:00 am-10:00 pm on weekdays and weekends.

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

The City’s adopted Transportation Analysis Policy (May 18, 2021) describes the VMT screening process. The proposed Project meets two criteria outlined in the City’s VMT guidelines for project screening. First, the Project would constitute a local serving use, as it would primarily serve the surrounding residents, act as a feeder school for existing Stratford schools within the City, and is less than 100,000 square feet. This is consistent with a prior finding from the City that the Stratford School at 125 North Milpitas Boulevard was determined to be local serving. Second, the Project is consistent with the approved land use for the site identified in the MMSP, which includes educational uses and is cleared environmentally by the City’s MMSP Supplemental Environmental Impact Report (SEIR). The transportation impacts of the MMSP have already been identified and mitigated to the extent feasible. The Project would require the implementation of a Traffic Demand Management (TDM) program and other fees adopted by the City. Therefore, given the City’s screening criteria, prior findings regarding private school projects, and that the use of the site is already cleared environmentally, the Project's impacts on VMT are considered less than significant.

Access, Traffic and Circulation
A study was conducted in accordance with the requirements and methodologies set forth by the City of Milpitas, the Valley Transportation Authority (VTA), Caltrans, and the applicable provisions of CEQA. Based on the Project’s design and the required transportation impact analysis guidelines, traffic operations would have no significant impacts according to established traffic engineering standards, and no off-site traffic or transportation mitigations would be required. Staff has determined that the site circulation’s functionality would not cause safety or operational problems.

The Project site utilizes the two existing driveways along Great Mall Drive and Falcon Drive. Entrances to the Project site at both driveways would be gated. The site provides one-way vehicular circulation with an entrance lane from Great Mall Drive at the north end of the site and vehicular traffic exiting via the driveway along Flacon Drive. Image 2 demonstrates the planned vehicular queueing in red-dashed lines, which allows up to eight cars to queue within site. A public sidewalk runs along the north and east ends of the property and provides pedestrian access to the north and east sides of the school. The proposed six-foot-high ornamental metal fence surrounds the artificial turf play area, which prevents vehicles from entering or driving through the site from Great Mall Parkway, and protects the play area from the vehicular queuing in the parking lot. No vehicles can enter the site and queue from Falcon Drive. The Transportation Engineering Department reviewed the Project site plan, planned queueing, pickup, and drop-off plans, and determined that the Project will not have a traffic impact on a public street.

Image 2
Circulation Plan
Arrival and Departure Process
A school security guard will monitor the traffic flow to ensure safety and compliance with students' arrival and departure procedures. The school’s protocol is to have staff with walkie-talkies at the site entry drive, entry gate, along the drop-off length, and at the exit gate, communicating with vehicles arriving or departing and ensuring each person is proceeding in the correct direction and in a timely fashion. The gates are then closed after the designated arrival and departure times, ensuring the security of the upper school campus and efficient traffic flow in the surrounding community. Additionally, a new gate would be provided for vehicles at the southeastern corner of the Project site as an egress to the existing Stratford School, south of the Project, for parents dropping off a high school and elementary student.

As a private school with a code of conduct, the school can manage student drivers. Students of driving age are only allowed to do so with an assigned parking pass after required passes for staff have been provided.

Students are also required to sign a handbook confirming they will not park within the neighborhood; if they do, they will not be granted a parking pass. The proposed security cameras would ensure efficient traffic circulation and safeguarded site access.

Parking Requirement
The MMSP allows a significant decrease in parking, prescribing a maximum requirement of one space per 1,000 square feet for nonresidential uses. Therefore the existing building, plus the new gymnasium and artificial turf, is required to provide 74 off-street parking spaces (74,318 sf / 1,000 sf). The Applicant will preserve 66 parking spaces along the northern and eastern portions of the Project site, and construct eight new parking spaces, resulting in a total of 74 parking spaces, thus compliant with the maximum number of parking spaces allowed.

POLICY ALTERNATIVE(S):

Alternative 1: Deny the Project
Pros: Denying the Project would ensure strict adherence to the MMSP standards, preserving the intended urban environment and development standards, and prevent any potential negative impacts on the existing

public school system. Furthermore, denying the Project would avoid the potential environmental impacts associated with the Project, despite the mitigation measures that would be put into place to minimize impacts.

Cons: Denying the Project would eliminate the opportunity to provide additional private educational options for Milpitas residents and the potential economic benefits and community contributions offered by the Project, including the $1,000,000 voluntary contribution. Additionally, denying the Project would potentially leave the long-vacant commercial building underutilized, missing an opportunity for redevelopment and community enhancement.

Reason for Not Recommending: The benefits of the Project, including educational opportunities, economic development, and environmental sustainability, are significant and would positively impact the surrounding neighborhood. The Development Agreement and mitigation measures also address the potentially negative economic and environmental impacts associated with the Project. Denying the Project would forgo these benefits without substantial justification.

FISCAL IMPACT:

The Project is subject to the following impact fees:

Public Art Fee - Per Milpitas Municipal Code Section XI-10-14, private developments must include publicly accessible works of art for placement on the development site or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. The Applicant is seeking the payment of the In-Lieu fee, which is currently set at one-half of one percent of building development costs, which would result in a fee payment of $100,000 based on the estimated building development costs of $20,000,000.

Transit Area Specific Plan Development Impact Fee (TADIF) - The TADIF is currently $32.75 per Commercialsquare-foot. The exact TASP fee will be calculated once a temporary or final Certificate of Occupancy is ready for issuance. Based on approval for the development of a new 7,883-square-foot gymnasium, the estimated TADIF for this project is $258,168.25. The City’s annual budget process automatically adjusts this fee each fiscal year. The Applicant shall pay the fee before the issuance of a temporary or final Certificate of Occupancy.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

In accordance with the California Environmental Quality Act (CEQA), the City has prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed Project in accordance with CEQA Guidelines Section 15064, 15071, and 15370. On May 29, 2024, the City provided a Notice of Intent (NOI) to adopt a mitigated negative declaration to the public, responsible agencies, trustee agencies, and the County Clerk. The Draft IS/MND was available for public review and comment from May 29, 2023, through June 28, 2023. At the time of publishing this report, the City has received no public comment regarding the IS/MND.

RECOMMENDATION:
(1) Conduct a public hearing and move to close the hearing following comments. (2) Consider Initial Study/Mitigated Negative Declaration pursuant to CEQA Guidelines Section 15064 and Public Resources Code Sections 21080(d) and 21082.2(d).
(3) City Attorney shall read aloud title of the Ordinance. (4) Move to waive the first reading beyond the title and introduce an Ordinance (5) Adopt a resolution to approve Conditional Use Permit No. UP23-0008, including Exhibit 1 to the resolution:

Conditions of Approval.
(6) Adopt a resolution to approve Site Development Permit No. SD23-0012, including Exhibit 1 to the resolution:

Conditions of Approval and Environmental Assessment No. EA24-0001, to approve an Initial Study/Mitigated Negative Declaration pursuant to CEQA Guidelines Section 15064 and Public Resources Code Sections 21080(d) and 21082.2(d), including Exhibit 2 to the resolution: Mitigation Monitoring and Reporting Program (MMRP).

ATTACHMENT(S):
(a) Draft Ordinance, including Exhibit 1 to the Ordinance: Development Agreement DA24-0001 (b) City Council Resolution to adopt Conditional Use Permit UP23-0008, including Exhibit 1 to the resolution:

Conditions of Approval

(c) City Council Resolution to adopt Site Development Permit No. SD23-0012, including Exhibit 1 to the resolution: Conditions of Approval and Environmental Assessment No. EA24-0001 to approve an Initial Study/Mitigated Negative Declaration, including Exhibit 2 to the Resolution: Mitigation Monitoring Reporting Program
(d) Planning Commission Staff Report dated June 26, 2024 (e) Planning Commission Resolutions No. 24-021 and No. 24-023 (f) Planning Commission Comments Received from members of the public (g) Report from Stratford
(h) Report from Milpitas Unified School Board
(i) Project Plans
(j) Initial Study Mitigated Negative Declaration (ISMND)

REGULAR
NUMBER: XX.XXX
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

MILPITAS AND STORE MASTER FUNDING IV, LLC
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Ordinance No. XX-XXX
RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on July 28, 2023, an application was submitted by Jeremy Theodore of Inhabit Design Inc. (“Applicant”) to allow the operation of a private high school in an existing 51,740 square-foot, twostory office building (“Project”). The Project site is on a 3-acre lot located at 1323 Great Mall Dr. Milpitas, CA 95035 (APN 086-024-046) and;
WHEREAS, the City and the applicant wish to memorialize the rights to development in the document entitled “Development Agreement By and Between the City of Milpitas and STORE MASTER FUNDING IV, LLC.” (hereinafter referred to herein as the “Development Agreement”), a draft of which is attached hereto as Exhibit 1; and
WHEREAS, the Planning Department completed an environmental impact assessment for the project in accordance with the California Environmental Quality Act (“CEQA”) and, based on this assessment, decided to prepare an Initial Study and Mitigated Negative Declaration (IS/MND) for the Project in accordance with CEQA, and State and local guidelines implementing CEQA.

WHEREAS, on June 26, 2024, the Planning Commission held a duly noticed public hearing, during which the Planning Commission, by the adoption of Resolution No. 24-023, recommended that the City Council approve SD23-0012, EA24-0001 and DA24-0001 and Resolution No. 24-023, recommending that the City Council approve UP23-0008 based on the findings and subject to the Conditions of Approval; and
WHEREAS, on ______________, the City Council held a duly-noticed public hearing and considered the proposed Development Agreement for compliance with City of Milpitas Resolution No. 6642 and Government Code Section § 65864.

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

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

SECTION 2. FINDINGS
The City Council makes the following findings based on the evidence in the public record in support thereof:

A. The City Council finds that the proposed project meets the requirements for development agreement eligibility specified in City Resolution No. 6642, including because the opening and preenrollment of the proposed private school requires significant front-end investment and otherwise requires long-term certainty on the part of the applicant, at least for the five year term of the currently proposed Agreement. The City Council finds that the public health, safety and general welfare of the citizens of the City will be best served by accepting this application.

Ordinance No. XX-XXX
B. The City Council finds that the proposed Development Agreement is consistent with the City’s General Plan and other applicable plans, policies, and regulations of the City currently in effect, is not detrimental to the heal, safety, and general welfare of the citizens of the City, is entered into and constitutes an appropriate exercise of the City’s police power, and is entered into in compliance with the applicable State law and City Resolution No. 6642, as amended.

C. The City Council finds that the proposed Development Agreement complies with all the applicable procedural and eligibility requirements for the approval and execution of development agreements outlined in City of Milpitas Resolution No. 6442 and Government Code Section 65864. A valid application as submitted to the Planning Department by an applicant with proper legal standing.

The proposed Development Agreement would eliminate uncertainty in land use planning and help ensure the orderly development of a Private High School in an appropriate zoning district and location. The proposed Development Agreement would also result in a project that would be significantly superior in terms of its overall effect on the environment and the community than would otherwise result without such a development agreement. The proposed Development Agreement would also be beneficial to the health, safety, and general welfare of the community.

SECTION 3. APPROVAL AND AUTHORIZATION
The City Council hereby approves and authorizes the City Manager or his or her designee to execute the Development Agreement between the City of Milpitas and Store Master Funding IV, LLC, attached hereto as Exhibit 1. Within ten (10) days of the effective date of this Ordinance, the City Clerk shall have the Development Agreement recorded with the Santa Clara County Recorder if it has not been so recorded by the applicant or otherwise prior to that date.

SECTION 4. SEVERABILITY
The provisions of this Ordinance are severable, and the invalidity of any phrase, clause, provision, or part shall not affect the validity of the remainder.

SECTION 5. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

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RECORDING REQUESTED BY

CITY OF MILPITAS
City Attorney's Office
455 East Calaveras Boulevard
Milpitas, CA 95035

WHEN RECORDED MAIL TO

CITY OF MILPITAS
City Attorney's Office
455 East Calaveras Boulevard
Milpitas, CA 95035
Record at No Fee per Government Code section 6103 [Space above this line for Recorder’s use only]

DEVELOPMENT AGREEMENT

BY AND BETWEEN
STRATFORD SCHOOLS, INC. AND THE CITY OF MILPITAS
Project name: Private Middle School and High School Project THIS DEVELOPMENT AGREEMENT, dated for convenience __________, 2024, at Milpitas, California ("Agreement") is entered into by and between STORE Master Funding IV, LLC (“STORE”), the owner of the Property, and Stratford Schools, Inc., a California corporation (“Stratford”), the operator and developer of the Project under a long-term lease with the STORE (STORE and Stratford being referred to collectively herein as “Landowner”) and the City of Milpitas, a general law city created and existing under the laws of the State of California (the “City”),. This Agreement creates legal obligations pertaining to the Private Middle School and High School Project development as more particularly described below.

RECITALS
A. State Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the Government Code (the "Development Agreement Statute"), which authorizes the City to enter into a binding property development agreement with any person having a legal or equitable interest in real property for the development associated with such property in order to establish certain development rights in the property which is the subject of the development project application.

B. City Procedure and Requirements. The City has implemented the provisions of Government Code Section 65864 et seq. and adopted certain development agreement procedures and requirements through the enactment of Resolution No. 6642, adopted on May 6, 1997 (hereinafter referred to as the "Development Agreement Resolution"). The terms of the

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Development Agreement Resolution supersede any inconsistent part of this Agreement.

C. Property. The subject of this Agreement is the development of that certain property located at 1323 Great Mall Drive in the city of Milpitas, California, County of Santa Clara, Assessor’s Parcel Number APN 8624046 consisting of one parcel totaling approximately

3.00 acres. It is improved with a commercial office building of approximately 54,000 square feet, and an improved parking area with landscaping (“the Property”), described and shown on Exhibits A-1 and A-2 attached hereto and incorporated herein by reference. The Landowner either owns, or is the sole member of each of the entities that own, the Property in fee. Subject to the terms of Section 8.5 and Section 11.2 hereof, all persons holding legal or equitable interests in the Property shall be bound by this Agreement.

D. Milpitas Metro Specific Plan. The subject Property is located within the area subject to the Milpitas Metro Specific Plan (the “MMSP”). The MMSP was originally adopted on February 7, 2023. Prior to that, the subject Property was located within the area subject to the Milpitas Transit Area Specific Plan (“TASP”), which the MMSP generally updated, expanded upon, and replaced. The TASP was adopted in 2008, and for the subject Property would have allowed development with a floor area ratio (“FAR”) of .48 for this proposed use and would not have limited maximum side and front setbacks for this parcel.

E. Project. Landowner proposes to renovate the existing building and to construct a new building of approximately 8,200 square feet, to make related site improvements including parking, landscaping and space for outdoor activities, all for the operation of a private school on the site (the “Project”). The adopted MMSP allows for some educational uses, and the existing zoning allows such use in appropriate density with approval of a Conditional Use Permit and a Site Development Permit.

F. Environmental Review. The City examined the environmental effects of this Agreement and the Development Approvals (as defined in Recital M below) in an initial study that concluded that all environmental effects had been analyzed and will be mitigated pursuant to the Environmental Impact Report (the “EIR”) prepared pursuant to the California Environmental Quality Act (CEQA) for the MMSP and a Mitigated Negative Declaration (“MND”) prepared specifically for this Project. The MND has not been approved.

G. Purposes. The Landowner and City desire to enter into an agreement for the purpose of implementing the plan for development of the Project as set forth herein, and in the Specific Plan and Development Approvals. The City has determined that the development of the Project pursuant to the MMSP is a development for which a development agreement is appropriate.

A development agreement will provide certain benefits to the City, as described in Article 2, will eliminate uncertainty in the City's land use planning, will provide orderly development of the Property in accordance with the policies and goals set forth in the City's General Plan and MMSP, and will otherwise achieve the goals and purposes of the Development Agreement Resolution.

The Landowner has incurred and will incur substantial costs in order to comply with the conditions of approval and to assure development of the Property in accordance with this Agreement. Through this Agreement, the Landowner and City intend to preserve the Floor Area Ratio ("FAR") and absence of maximum side and front setbacks previously allowed for the subject Property under the

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TASP and thereby allow for the beneficial reuse of an existing building developed under previous standards with additional construction and improvements only allowable through the benefit of this Agreement.. In order to effectuate these purposes, the Parties desire to enter into this Agreement.

H. Relationship of City and Landowner. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Landowner and that the Landowner is an independent entity and not an agent or partner of City. City and Landowner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Landowner joint venturers or partners.

I. Planning Commission Recommendations of Approval. The application for approval of this Agreement and the appropriate California Environmental Quality Act (Public Resource Code Section 21000 et seq.; “CEQA”) documentation required for approval of this Agreement, were considered by the Planning Commission, on _________, 2024. After conducting a duly noticed public hearing, the Commission recommended the adoption of this Agreement to the City Council.

J. Development Agreement Adoption. After conducting a duly noticed public hearing and making the requisite findings, the City Council approved and introduced this Agreement by the first reading of Ordinance No. ____ (the “Enacting Ordinance”) on __________, 2024. On __________, 2024, the City Council adopted this Agreement by the second reading of Ordinance No.____ (the “Adoption Date”), and authorized its execution.

K. Consistency with Milpitas General Plan and MMSP. Development of the Property in accordance with this Agreement will provide for orderly growth and development in accordance with the policies set forth in the City General Plan, the MMSP, and the Development Approvals as further described in Paragraph M, below. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City Council finds and declares that this Agreement is consistent with the MMSP, or as allowed herein the TASP, the General Plan of the City, and with the Development Approvals, except where explicitly modified. This Agreement satisfies the requirements of Government Code Section 65867.5.

L. Project Entitlements; Development Approvals. The following approvals, entitlements, and findings have been adopted by the City with respect to the Property, and constitute the Project Entitlements:
a. The Environmental Impact Report for the MMSP (SCH #2006032091) (comprised of the Draft Environmental Impact Report and the Final Environmental Impact Reports, collectively the “FEIR”), the written findings and a Mitigation Monitoring and Reporting Program adopted on February 7, 2023.
b. The MND prepared for this Project.
c. The MMSP adopted on February 7, 2023.

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d. This Agreement.
e. The Conditional Use Permit and Site Development Permit (File Numbers P-UP23-0008 and P-SD23-0012, respectively) for the Project, to be considered concurrently with this Agreement. The Conditional Use Permit and Site Development Permit constitute the Development Approvals as of the time of their approval; as used herein, the term “Development Approvals” also includes any Subsequent Approvals as defined in Section 1.2.7 below. f. Approved Interior Demolition Permit B-DM23-0039.

M. Development Agreement Resolution. City and Landowner have taken all actions mandated by and fulfilled all requirements set forth in the Development AgreementResolution.

NOW THEREFORE, pursuant to the authority contained in Government Code Sections 65864-65869.5 and the Development Agreement Resolution and in consideration of the mutual covenants and promises contained herein, the adequacy and sufficiency of which is hereby acknowledged, the Landowner and the City, each individually referred to as a Party and collectively referred to as the Parties, agree as follows.

ARTICLE 1

RECITALS, DEFINITIONS AND DATES

1.1 Incorporation of Recitals. The Preamble, the Recitals and all the defined terms set forth in both, are hereby incorporated into this Agreement as if set forth herein in full.

1.2 Definitions. In addition to the defined terms in the Preamble and the Recitals, each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. Certain other terms shall have the meaning set forth for such term in this Agreement

1.2.1 Applicable Laws. The laws and Constitution of the State of California, the laws and Constitution of the United States and any codes, statutes or executive mandates in any court decision, state or federal, thereunder.

1.2.2 Assignee. Any person, business entity, association, organization or other similar entity succeeding to some or all of Landowners’ rights and obligations under this Agreement by sale, transfer, or otherwise, including, but not limited to, purchasers, mortgagees, or long term ground lessees of individual lots, parcels, or of any of the buildings located within the Property.

1.2.3 City Laws. The ordinances, resolutions, codes, rules, regulations and official policies of the City, governing the permitted uses of land, density, design, improvements and construction standards and specifications applicable to the development of the Property, all as of the Effective Date hereof. Specifically, but without limiting the generality of the foregoing, City Laws shall include the City's General Plan, the MMSP, the City's Zoning

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Ordinance, and the City's Subdivision Ordinance.

1.2.4 Conditions. All conditions, exactions, fees or payments, dedication or reservation requirements, obligations for on or off-site improvements, services or other conditions of approval called for in connection with the development of or construction on the Property under City Laws, whether such conditions of approval constitute public improvements, or mitigation measures in connection with environmental review of any aspect of the Project.

1.2.5 Director. The Director of the Planning Department.

1.2.6 Party. A signatory to this Agreement, or a successor or assign of a signatory to this Agreement.

1.2.7 Subsequent Approvals. Any and all Development Approvals applied for by Landowner that are approved by City during the Term of this Agreement, including but not limited to, conditional use permits, variances, subdivision approvals, street abandonments, design review approvals, demolition permits, improvement agreements, infrastructure agreements, grading permits, building permits, right-of-way permits, lot line adjustments, site plans, sewer and water connection permits, parcel maps, lot splits, landscaping plans, master sign programs, transportation demand management programs, encroachment permits, and amendments to the Conditional Use Permit or Site Development Permit to allow construction of the Project.

1.3 Effective Date; Recordation. The Enacting Ordinance became effective on _______, 2024. The obligations of the Parties under this Agreement shall be effective as of the effective date of the Enacting Ordinance (the “Effective Date”), pursuant to Government Code Section 36937. Not later than ten (10) days after the Effective Date, the Landowners shall cause this Agreement to be recorded in the Official Records of the County of Santa Clara, State of California, as provided for in Government Code Section 65868.5 and Resolution No. 6642.

However, failure to record this Agreement and any amendment thereto within ten (10) days shall not affect its validity or enforceability by and between the Parties.

1.4 Term. Except as provided herein, the term of this Agreement shall commence on the Effective Date and terminate five (5) years thereafter (“Term”); Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect; provided, however, said termination of the Agreement shall not affect any right or duty emanating from City entitlements on the Property approved concurrently with or during the term of this Agreement, except as expressly set forth in those entitlements.

1.5 Capitalized Terms. If any capitalized terms contained in this Agreement are not defined above, then any such terms shall have the meaning otherwise ascribed to them in this Agreement.

ARTICLE 2

BENEFITS TO THE CITY

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Landowner shall provide the following public benefits to the City:

1. Payment of the sum of One Million Dollars ($1,000,000) as and for a voluntary contribution to the City as a community benefit payable at the time of issuance of final occupancy;

2. Design and construction of all electric building with no natural gas infrastructure in furtherance of the City’s Climate Action goals.

ARTICLE 3
GENERAL DEVELOPMENT OF THE PROJECT; VESTED ENTITLEMENTS

3.1 Project Development. Landowner shall have a vested right to develop the Project on the Property in accordance with the Vested Entitlements (defined in Section 3.2) in effect as of the Effective Date and pursuant to all the terms of this Agreement.

3.2 Vested Entitlements. During the term of this Agreement, the Landowner has certain vested entitlements (collectively, “Vested Entitlements”), including: (a) the certified EIR for the MMSP, the MMSP, and this Agreement; (b) the Development Approvals; (c) the Subsequent Approvals; (d) any other conditions of development applicable to the Property are as set forth in the General Plan, the MMSP, the Zoning Code, the Subdivision Code and other City Laws, all as applicable on the Effective Date of this Agreement (“Applicable Rules”). The Landowner shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of the Vested Entitlements, as the same may be amended from time to time upon application by the Landowner. Except as otherwise specified herein, the Vested Entitlements shall control the overall design, development, construction, use and occupancy of the Project, and all improvements and appurtenances in connection therewith, including without limitation, the permitted uses on the Property, density and intensity of uses, the maximum height and sizes of buildings, and the allowable floor area ratios.

3.2.2 Except as provided herein, development of the Property shall be governed by the Vested Entitlements as defined above.

3.2.3 This Agreement does not impose affirmative obligations on the Landowner to commence development of the Project, or any phase thereof, in advance of its decision to do so. The expiration of any entitlements or approvals shall remain as set forth in any entitlement or approval.

3.2.4 City agrees that it will accept, in good faith, for processing, review and action all applications for use and development of the Property in accordance with the Vested Entitlements, and shall act upon such applications with regular diligence as set forth in this Agreement, including without limitation, Article 4 hereof.

3.2.5 Developer shall be allowed to develop the Project with a floor area ratio (“FAR”) of up to .48 and without the maximum front and side setback limit specified in the MMSP. Notwithstanding the expiration of this Agreement, The Development Approvals shall

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continue without expiration in accordance with and subject to all applicable City rules and regulations, excluding those allowing for project expansion, but including without limitation the City's Zoning Code, which shall guide any proposed change or intensification of use or building and site modification. Developer understands and acknowledges that the Development Approvals limit the private school’s enrollment to 500 students as provided for in the Conditional Use Permit and the physical development of the site, including the building footprints, is limited by the Site Development Permit. Developer understands and agrees that any Major Modification of the Project shall result in the need to re-entitle the project in conformity with then current development standards. A Major Modification shall include any modification that expands the project building footprint, increases the capacity of the Stratford High School Project to serve more than 500 students, or changes the use.

3.3 Timing of Development. The project shall be completed within 4 years of the execution of this Agreement. For the purpose of this Agreement, the project shall be deemed complete upon the City’s issuance of a certificate of occupancy for the primary structure.

3.4 Compliance with Requirements of Other Government Entities.

3.4.1 During the term of this Agreement, Landowner, at no cost to City, shall comply with lawful requirements of, and obtain all permits and approvals required by other local, regional, State and Federal agencies having jurisdiction over Landowner’s activities in furtherance of this Agreement. Landowner shall pay all required fees when due to Federal, State, regional, or other local governmental agencies and acknowledges that City does not control the amount of any such fees.

3.4.2 As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Property of changes in laws, regulations, plans, or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or regulations (“State or Federal Law”). In the event changes in State or Federal Law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal Law. The Parties shall meet and confer in good faith in order to determine whether such provisions of this Agreement shall be modified or suspended as may be necessary to comply with changes in the law and City and Landowner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification or suspension be limited to that which is necessary and to preserve to the extent possible the original intent of the Parties in entering into this Agreement. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such State or Federal Law. Nothing in this Agreement shall preclude the City or Landowner from contesting by any available means (including administrative or judicial proceedings) the applicability to the Property of any such State or Federal Law.

3.5 As provided in Section 10.0 of the Development Agreement Resolution, the City may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies set forth in this Agreement, or such rules, regulations, and policies that are required for the health, safety, or welfare of the general public, nor shall the City be prohibited

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from denying or conditionally approving any subsequent development project application on the basis of such existing new rules, regulations, and policies.

3.6 Reservations of Authority. Notwithstanding any other provision of this Agreement, at the time Subsequent Approvals are applied for, the following regulations and provisions shall apply only to those Subsequent Approvals:

3.6.1 Processing fees and, subject to the terms of Section 3.6 of this Agreement, charges of every kind and nature imposed by the City, including application, inspection, and monitoring fees, which are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for on an area-wide basis, which shall be paid at the rate then in effect.

3.6.2 All taxes, assessments, impact fees of any type, inclusionary including housing impact fees and transportation impact fees, other fees, or other monetary and nonmonetary exactions imposed by the City, which are in force and effect within the jurisdiction of the City for other similarly situated projects in the City on a City wide or area wide basis, discretionary or ministerial approvals, or taxpayers, as applicable, on which they are imposed shall be imposed..

3.6.3 If the City forms an assessment district including the Property and the assessment district is City-wide or area-wide, as defined in Section 3.6.6, the Property may be legally assessed through such district based on the benefit to the Property, which assessment shall be consistent with the assessment of other property in the district similarly situated. Any subsequently created assessment district is subject to collection solely based on the special assessment statute and shall not affect the development rights for the Project.

3.6.4 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, which are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for.

3.6.5 Regulations governing construction standards and specifications including, without limitation, the City's building code, plumbing code, mechanical code, electrical code, fire code and grading code, and all provisions of the Milpitas Municipal Code, and all other uniform construction codes, which are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied at the time the building permit in question is applied for.

3.6.6 For purposes of this Agreement, “area-wide” shall cover not only the Property, but also at least all parcels zoned and/or developed in a manner similar to the Property and located in the combined area of the MMSP. The Parties acknowledge that the provisions contained in this Section are intended to implement the intent of the Parties that the Landowner has the right to develop the Project pursuant to specified and known criteria and rules, and that the City receives the benefits which will be conferred as a result of such development without abridging the right of the City to act in accordance with its powers, duties

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and obligations.

3.7 Subsequently Enacted Rules and Regulations. The City may, during the term of this Agreement, apply such newer City Laws that are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for and which are not inconsistent or in conflict with the intent or purposes or any terms, standards or conditions of this Agreement. To the extent any changed City Law is in conflict with the terms of this Agreement, the terms of this Agreement shall prevail.

3.8 Moratorium, Quotas, Restrictions or Other Limitations. Without limiting the generality of any of the foregoing, no moratorium or other limitation (whether relating to the rate, timing, phasing, sequencing or permission of development or construction of all or any part of the Property, whether imposed by ordinance, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of City, or otherwise) affecting parcel or subdivision maps (tentative, vesting tentative or final), building permits or any other Approvals (including entitlements to use or service, such as water, sewer and/or storm drains) shall apply to the Property during the term of this Agreement. Landowner agrees and understands that the City does not have authority or jurisdiction over another public agency’s authority to grant a moratorium or impose any other limitation that may affect the Property.

3.9 [Reserved]

3.10 Mutual Obligations of the Parties. City has agreed to provide Landowner with the long term assurances, Vested Entitlements, and other City obligations described in this Agreement in consideration for the Landowner obligations contained in this Agreement.

Landowner has agreed to provide City with the Landowner obligations contained in this Agreement. To ensure that the understanding of the Parties and mutual consideration remain effective, should either Party bring any administrative, legal, or equitable action or other proceeding to set aside or otherwise make ineffective any of the City or Landowner obligations described in this Agreement, this Agreement may be terminated by the Party against whom the proceeding is brought at that Party’s sole discretion.

3.11 Landowner’s Right to Rebuild. Landowner may rebuild the Project or element of the Project should it become necessary due to damage from any event, natural disaster or changes in seismic requirements during the Term of this Agreement, notwithstanding any contrary provisions of the City of Milpitas Municipal Code. Landowner may renovate the Project at any time within the Term of this Agreement as long as such renovation does not cause a change of use to a use not allowed by this Agreement or applicable City Laws. Any such rebuilding or renovation shall be subject to the Vested Entitlements, shall comply with the Subsequent Approvals and the building regulations existing at the time of such rebuilding or reconstruction, as well as the requirements of CEQA.

ARTICLE 4

SPECIFIC CRITERIA OF THE PROJECT

4.1 Permitted Development. Notwithstanding anything to the contrary herein or

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in the Development Approvals, the Landowner is hereby allowed to develop the Property consistent with the definition of the Project in the Recitals hereto.

4.2 Landowner Obligations. As a material consideration for the long term assurances, Vested Entitlements, and other City obligations provided by this Agreement, and as a material inducement to City to enter into this Agreement, Landowner has offered and agreed to provide the public benefits to the City listed in Article 2 of this Agreement.

ARTICLE 5

CONCURRENT AND SUBSEQUENT APPROVALS

5.1 Subsequent Approvals. Landowner will submit the Development Approvals for the Project which shall be considered concurrently with this Agreement for approval by the Planning Commission. The development of the Project may require additional Subsequent Approvals from the City.

Applications for Subsequent Approvals are anticipated to be submitted to the City by the Landowner. Applications for Subsequent Approvals shall be accepted, reviewed for completeness, and processed to completion with ordinary diligence by the City and considered in a manner consistent with the rights granted by this Agreement and the Applicable Laws.

With the Vested Entitlements, the City has made a final policy decision that the development of the Property, consistent with the MMSP and the Applicable Laws, is in the best interests of the public health, safety, and general welfare. Nothing herein shall limit the ability of the City to require the necessary reports, analysis, or studies to assist in determining whether the requested Subsequent Approval is consistent with the Applicable Laws and Applicable Rules and this Agreement. City's review of the Subsequent Approvals shall be consistent with City Laws and this Agreement, including without limitation Section 3.6 of this Agreement. To the extent that it is consistent with CEQA, as determined by the City in its reasonable discretion, City shall utilize existing CEQA documentation to review the environmental effects of any Subsequent Approvals. In the event that any additional CEQA documentation is legally required for any discretional Subsequent Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Approval. Landowner shall defend, indemnify and hold the City harmless from or in connection with any litigation seeking to compel the City to perform additional environmental review of any Subsequent Approvals.

Any conditions, terms, restrictions, procedures or requirements imposed by the City on Subsequent Approvals shall not be inconsistent with the Development Approvals (including this Agreement) or the Applicable Laws and Applicable Rules and shall not prevent development of the Property for the uses and the density of development, and at the rate, timing and sequencing, contemplated by this Agreement, except as and to the extent required by state or federal law or as allowed herein. In connection with approval of any Subsequent Approvals that implement and are consistent with the Development Approvals in effect on the Effective Date (including without limitation any minor modifications thereto), the City shall not impose

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conditions of approval that require dedications or reservations for, or construction or funding of, public infrastructure or public improvements beyond those already included in the Development Approvals, except to the extent required by CEQA review conducted in accordance with Section

5.1.2 of this Agreement. Landowner may protest any conditions, dedications or fees imposed on Subsequent Approvals while continuing to develop the Project, such protest by Developer shall not delay or stop the issuance of building permits or certificates of occupancy.

5.2 Life of Development Approvals. The terms of the Development Approvals shall automatically be extended for the duration of this Agreement (including any extension to this Agreement as permitted by Section 1.4) if the term otherwise applicable to such Approval is shorter than the duration of this Agreement (including any extension).

ARTICLE 6
AMENDMENT OF AGREEMENT AND DEVELOPMENT APPROVALS; OPERATING

MEMORANDA

6.1 Amendment or Cancellation. Either Party may propose an amendment to or cancellation of this Agreement in whole or in part, in the manner provided for in Government Code Section 65868 and Resolution No. 6642. No amendment to or cancellation of this Agreement or any provision hereof shall be effective for any purpose unless adopted pursuant to the procedures included in Resolution No. 6642 and specifically set forth in a writing, which refers expressly to this Agreement and is signed by duly authorized representatives of the Parties.

6.2 Recordation. Any amendment, termination or cancellation of this Agreement shall be recorded by the Landowner not later than ten (10) days after the effective date of the action effecting such amendment, termination or cancellation; however, a failure to record shall not affect the validity of the amendment, termination or cancellation. Landowner shall also similarly record a notice of expiration or expunge this Agreement and any amendments thereto upon the competition of this Agreement’s term and any extensions thereto.

6.3 Amendments to Development Agreement Statute. This Agreement has been entered into in reliance upon the provisions of California Government Code Section 65864 et seq. relating to development agreements and the Development Agreement Resolution, as those provisions existed at the date of execution of this Agreement. No amendment or addition to those provisions which would materially affect the interpretation or enforceability of this Agreement shall be applicable to this Agreement unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected unless the Parties mutually agree in writing, after following the procedures in Section 6.1, to amend this Agreement to permit such applicability

6.4 Amendment of Development Approvals. To the extent permitted by local, state, and federal law, any Development Approval may, from time to time, be amended or modified by submittal of an application from the Landowner and following the procedures for such amendment or modification contained in the Milpitas Municipal Code. Upon any approval of such

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an amendment or modification, the amendment or modification shall automatically be deemed to be incorporated into the Development Approvals without any further procedure to amend this Agreement.

6.5 Operating Memoranda. Separate and apart from provisions contained herein for a formal amendment of this Agreement, the parties agree that the provisions of this Agreement require a close degree of cooperation between City and Landowners, and refinements and further development of the Project may demonstrate that clarifications with respect to the details of performance of City and Landowners or minor revisions to the Project are appropriate.

If and when, from time to time, during the term of this Agreement, City and Landowners agree that such clarifications or minor modifications are necessary or appropriate, they may effectuate such clarifications through operating memoranda approved by City and Landowners, which, after execution, shall be attached to and become a part of this Agreement. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section 6.5 or whether the requested clarification is of such a character to require an amendment hereof. The City Manager may execute any operating memoranda hereunder without City Council action.

ARTICLE 7

ANNUAL REPORT

7.1 Time of Review. To determine Landowner's good faith compliance with this Agreement, in accordance with Government Code Section 65865.1, and in compliance with the Development Agreement Resolution, Landowner shall submit a report approximately every twelve (12) months from the Effective Date, commencing on the first anniversary of the Effective Date detailing all actions taken with respect to the development of this Property. Upon receipt of the report, the Community Development Director may schedule an annual review of the report to be heard by the Planning Commission. This obligation for annual reporting shall expire upon Project occupancy.

Consistent with Development Agreement Resolution, the Community Development Director or designee shall give notice to the Landowner that the City intends to schedule an annual review of the Agreement at least thirty (30) days in advance of the time at which the matter will be considered by the Planning Commission and shall include the statement that review may result in an election to terminate this Agreement as provided herein.

7.2 Determination of Good Faith Compliance. Such annual report shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code Section 65865.1. The Planning Commission shall conduct a public hearing. If the Planning Commission determines that, based upon substantial evidence in the record, Landowner has substantially complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period shall be concluded. If the Planning Commission determines that, in good faith and based upon substantial evidence in the record, Landowner has not complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission shall forward its report and recommendation to the City Council.

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If the City Council determines, in good faith and based upon substantial evidence in the record, that Landowner has not complied in good faith with the terms and conditions of this Agreement during the period under review, the City Council may issue a Notice of Breach (as defined in Section 8.2) and exercise the remedies set forth in Section 8.1.

7.3 No Waiver. Failure of Landowner to provide an annual report or failure of City to conduct an annual review hearing shall not constitute a default under this Agreement or a waiver by City of its rights to otherwise enforce the provisions of this Agreement nor shall Landowner have or assert any defense to such enforcement by reason of any failure to conduct an annual review. City does not waive any claim of defect or breach by Landowner if, following periodic review pursuant to this Article 7, City does not propose to modify or terminate this Agreement.

ARTICLE 8

DEFAULT, REMEDIES AND TERMINATION

8.1 Remedies for Breach. City and Landowner acknowledge that the purpose of this Agreement is to carry out the Parties' objectives as set forth in the recitals. City and Landowner agree that to determine a sum of money which would adequately compensate either Party for choices they have made which would be foreclosed should the Property not be developed as contemplated by this Agreement is not possible and that damages would not be an adequate remedy. Therefore, City and Landowner agree that in the event of a breach of this Agreement, the only remedies available to the non-breaching Party shall be: (1) suits for specific performance to remedy a specific breach, (2) suits for declaratory or injunctive relief, (3) suits for mandamus under Code of Civil Procedure Section 1085, and/or 1094.5, and (4) termination or cancellation of this Agreement or, at the option of City in the event of breach by Landowner, termination of the rights of Landowner under this Agreement. Except for attorney's fees and associated costs as set forth herein, monetary damages shall not be awarded to either Party. This exclusion on damages is limited to a breach of this Agreement and shall not preclude actions by a Party to enforce payments of monies due or the performance of obligations requiring the expenditures of money under the terms of this Agreement or Applicable Laws. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy.

8.2 Notice of Breach. Prior to the initiation of any action for relief specified in Section 8.1 above because of an alleged breach of this Agreement, the Party claiming breach (the “Complaining Party”) shall deliver to the other Party (the “Defaulting Party”) a written notice of breach (the "Notice of Breach"). The Notice of Breach shall specify the reasons for the allegation of breach with reasonable particularity. The Defaulting Party shall have thirty (30) days to either:
(a) use good faith efforts to cure the breach or, if such cure is of the nature to take longer than 30 days, to take reasonable actions to commence curing the breach during the thirty (30) day period and diligently complete such cure; or (b) if in the determination of the Defaulting Party, the event does not constitute a breach of this Agreement, the Defaulting Party, within thirty (30) days of receipt of the Notice of Breach, shall deliver to the Complaining Party a "Notice of Non-Breach,"

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which sets forth with reasonable particularity the reasons that a breach has not occurred. Failure to respond within the thirty (30) days shall not be deemed an admission of the breach, but the Complaining Party may proceed to pursue its remedies under this Article 8.

8.2.1 Mutual Agreement for Cure of Certain Defaults. If the Defaulting Party believes that the breach cannot practically be cured within the thirty (30)-day period, the Defaulting Party shall not be deemed in breach provided that: (a) the cure shall be commenced during the thirty (30)-day period after receipt of the Notice of Breach; (b) within the thirty (30)- day period, the Defaulting Party provides a schedule to the Complaining Party for cure of the breach, subject to the reasonable approval of the Complaining Party; and (c) the cure is completed in accordance with the schedule agreed to by the Parties, or such additional time as may be agreed to by the Complaining Party. If the Parties cannot mutually agree on a schedule for cure of the breach, at the conclusion of the initial thirty (30)-day period, the Complaining Party may issue a Notice of Breach and proceed to pursue its remedies under this Article 8.

8.3 Failure to Assert; No Waiver. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any breach shall not operate as a waiver of any breach or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies, irrespective of the length of the delay, shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies, nor constitute a waiver of such party's right to demand strict compliance by such other Party in the future. No waiver by a Party of a breach shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omission by a party to take any action with respect to such breach.

8.4 Termination by Mutual Consent. This Agreement may be voluntarily terminated in whole or in part by the mutual consent of the Parties or their successors in interest, in the sole and absolute discretion of each as to its consent, in accordance with the provisions of Resolution No. 371-81 and the Development Agreement Statute.

8.5 Effect of Termination on Landowner's Obligations.

8.5.1 Notwithstanding any other provision to the contrary, termination or cancellation of this Agreement or termination of the rights of Landowner as to the entire Property, or any part the Property, shall not affect any requirement to comply with the Vested Entitlements the terms and conditions of any other Subsequent Approval, nor any payments then due and owing to City, nor shall it affect the covenants of Landowner specified in Section 8.5.2 below, to continue after the termination or cancellation of this Agreement, nor shall termination of this Agreement as to all or any portion of the Property result in termination of Subsequent Approvals that would not otherwise have expired pursuant to Existing City Laws.

8.5.2 Notwithstanding anything in this Agreement to the contrary, the following provisions of this Agreement shall survive and remain in effect following termination or cancellation of this Agreement for so long as necessary to give them full force and effect with respect to claims or rights of City arising prior to termination or cancellation:

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(a) Section 8.1 (Remedies; limitation on damages and exceptions thereto; accrued obligations);
(b) Section 8.5.1 (Landowner's obligations upon termination or cancellation);
(c) Section 12.2 (Indemnification); and
(d) Section 14.1 and 14.1.1 (Third Party Challenges; Indemnification).

ARTICLE 9

ESTOPPEL CERTIFICATE
Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and is a binding obligation of the Parties, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, and (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe the nature of any defaults, and (d) such other information as the other Party may reasonably request. The Party receiving a request under Article 9 shall execute and return the certificate within thirty (30) days following receipt of the request.

The City Manager shall be authorized to execute any certificate requested by Landowner.

Landowner and City acknowledge that a certificate hereunder may be relied upon by transferees, tenants, investors, partners, bond counsel, underwriters, and Mortgagees. The request shall clearly indicate that failure of the receiving Party to respond within the thirty (30) day period will lead to a second and final request. Failure to respond to the second and final request within fifteen (15) days following receipt of the second request shall be deemed approval of the estoppel certificate.

ARTICLE 10

TRANSFERS, ASSIGNMENTS

10.1 Agreement Runs with the Land.

10.1.1 This Agreement and all of its provisions, agreements, rights, powers, standards, terms, covenants and obligations, shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by sale, operation of law, or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns.

10.1.2 All of the provisions of this Agreement shall be enforceable during the Term as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to Section 1468 of the California Civil Code. Each covenant to do or refrain from doing some act on the Property hereunder, (a) is for the benefit of the Property and is a burden upon the Property, (b) runs with the Property, and (c) is binding upon Landowner and each successive owner during its ownership of the Property or any portion thereof (subject to the terms of Section 11.2 below), and each person or entity having any interest in the Property. Every person who now or hereafter owns or acquires any right, title or interest in or to

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any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property.

10.2 Right to Assign. Landowner shall have the right to assign (by sale, transfer, or otherwise) its rights and obligations under this Agreement as to any portion of the Project to any person, business entity, association, organization, or other similar entity ("Assignee").

Landowner's right to assign shall not be subject to City's approval.

10.3 Release Upon Assignment. Upon the express written assumption by the Assignee of Landowner's rights and interests under this Agreement (the "Assignment Agreement"), and Landowner’s delivery of a conformed copy of the recorded Assignment Agreement to City, Landowner shall be free from any and all liabilities accruing on or after the date of assignment with respect to those obligations assumed by the Assignee pursuant to the Assignment Agreement.

ARTICLE 11

MORTGAGEE PROTECTION

11.1 Mortgage Protection. This Agreement shall be superior and senior to any lien placed upon the Property or any portion of the Property after the date of recording of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement (including but not limited to City's remedies to terminate the rights of Landowner (and its successors and assigns) under this Agreement, to terminate this Agreement, and to seek other relief as provided in this Agreement) shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.

11.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 11.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements on the Property, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements on the Property other than those uses or improvements provided for or authorized by this Agreement, or otherwise under Applicable Law.

11.3 Notice of Default to Mortgagee. If City receives a written notice from a Mortgagee, Landowner or any approved assignee requesting a copy of any notice of default given Landowner or any approved or permitted assignee and specifying the address for service, then City shall deliver to the Mortgagee at Mortgagee's cost (or Landowner's cost), concurrently with service to Landowner, any notice given to Landowner with respect to any claim by City the Landowner is in default under this Agreement, and if City makes a determination of default, City shall if so requested by the Mortgagee likewise serve at Mortgagee's cost (or Landowner's cost) notice of noncompliance on the Mortgagee concurrently with service on Landowner. Each Mortgagee shall have the right during the same period available to Landowner to cure or remedy, or to commence

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to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City's notice.

11.4 No Supersedure. Nothing in Article 11 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision improvement agreement or other obligation incurred with respect to the Property outside this Agreement, nor shall any provision of Article 11 constitute an obligation of City to the Mortgagee, except as to the notice requirements of Section 11.3.

ARTICLE 12

INDEMNIFICATION

12.1 No Duty of City; Hold Harmless. It is specifically understood and agreed by the Parties that the development contemplated by this Agreement is a private development, that City has no interest in or responsibility for or duty to third persons concerning any of said improvements, and that Landowner shall have full power over and exclusive control of the Property subject only to the limitations and obligations of Landowner under this Agreement.

12.2 Indemnification and Duty to Defend.
(a) To the fullest extent permitted by law, Landowner hereby agrees to and shall immediately defend, indemnify, and hold City and its elected and appointed representatives, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Landowner's operations under this Agreement, excepting suits or actions brought by Landowner for default of the Agreement or to the extent arising from the intentional acts, sole negligence, or willful misconduct of City, its elected and appointed representatives, officers, agents, employees, contractors or subcontractors, or of a third party (“Indemnified Party”). (b) This indemnification and hold harmless agreement apply to all damages and claims for damages suffered or alleged to have been suffered by reason of Landowner’s performance of its obligations under this Agreement, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Property, but does not apply to damages and claims for damages caused by City with respect to public improvements and facilities after City has accepted responsibility for them.
(c) The duty to defend is a separate and distinct obligation from Landowner’s duty to indemnify. Subject to the limitations or requirements stated in this Agreement, Landowner shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel reasonably approved by the Indemnified Party immediately upon tender to Landowner, which shall be made to Landowner promptly upon it becoming known to the Indemnified Party. An allegation or determination of the sole negligence or willful misconduct by the Indemnified Party shall not relieve Landowner from its separate and distinct obligation to defend the Indemnified Party. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel of Landowner’s sole choosing if Landowner asserts that liability is caused in whole or in part by the sole negligence

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or willful misconduct of the Indemnified Party.

ARTICLE 13

NOTICES

13.1 Notices. Any notice to either Party shall be in writing and given by delivering the notice in person or by sending the notice by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the Party's mailing address.

13.2 Mailing Addresses. The respective mailing addresses of the Parties are, until changed as hereinafter provided, the following:

City: City of Milpitas
455 East Calaveras Blvd.

Milpitas, CA 95035
Attn: City Manager
With a copy to: City of Milpitas
455 East Calaveras Blvd.

Milpitas, CA 95035
Attn: City Attorney
Landowner: Stratford Schools, Inc.
1999 S. Bascom Ave.

Suite 400
Campbell, CA 95008
Attn: Mark Philpott
With a copy to: STORE Master Funding IV, LLC
8377 E. Hartford Drive, Suite 100
Scottsdale, AZ 85255
Attn:

Either Party may change its mailing address at any time by giving ten (10) days’ notice of such change in the manner provided for in this section. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effectuated or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Nothing in this provision shall be construed to prohibit communication by facsimile transmission or email, so long as an original is sent by first class mail, commercial carrier or is hand-delivered.

ARTICLE 14

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MISCELLANEOUS

14.1 Third-Party Legal Challenge. In the event of any legal action, claim, or proceeding instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the CEQA documentation of this Agreement or any approvals hereunder, or the Vested Entitlements ("Third Party Challenge"), the responsibilities of the Parties shall be asfollows.

14.1.1 Indemnification
(a) The Landowner shall defend, indemnify, and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees and agents from any Third Party Challenge against the City, its City Council, its boards and commissions, officials, officers, employees and agents to attack, set aside, void, or annul this Agreement, or the Vested Entitlements and shall indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees and agents against any and all third-party attorneys' fees, court costs and other liabilities determined by a court to be arising out of such Third Party Challenge.
(b) The City shall promptly notify the Landowner of the Third Party Challenge and shall cooperate fully in the defense of the Third Party Challenge, including but not limited to decisions about selection of counsel, settlement, preparation of the administrative record (if any) and litigation strategies.
(c) Under no circumstances shall subsections (a) – (b) above require Landowner to pay or perform any settlement arising out of a Third Party Challenge unless the settlement is expressly approved by Landowner.

14.1.2 Invalidity. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unlawful as the result of a Third Party Challenge or otherwise, the Parties shall use their best efforts to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Agreement, and then to adopt or re-enact such part of this Agreement as necessary or desirable to permit implementation of this Agreement.

14.2 Applicable Law/Venue/Attorneys' Fees and Costs. This Agreement shall be construed and enforced in accordance with the laws of the State of California, excluding its conflict of laws provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Santa Clara, State of California. Should any legal action or arbitration be brought by either Party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and such other costs as may be found by the court.

14.3 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or

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circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

14.4 Nondiscrimination Clause. Landowner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the development of the Property in furtherance of this Agreement. The foregoing shall run with the land.

14.5 Construction of Agreement. The provisions of this Agreement and the Exhibits shall be construed as a whole according to their common meaning and not strictly for or against any Party in order to achieve the objectives and purpose of the Parties. The captions preceding the text of each Article, Section, Subsection and the Table of Contents are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. All references to "person" shall include, without limitation, any and all corporations, partnerships or other legal entities.

14.6 Other Necessary Acts. Each Party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all further instruments, documents and writings as may be reasonably necessary or proper to achieve the purposes and objectives of this Agreement and to secure the other party the full and complete enjoyment of its rights and privileges hereunder.

14.7 Applicable Law. This Agreement, and the rights and obligations of the Parties, shall be construed by and enforced in accordance with the laws of the State of California, excluding its conflict of laws provisions.

14.8 Equal Authorship. This Agreement has been reviewed by legal counsel for both the Landowner and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement.

14.9 Time. Time is of the essence of this Agreement and of each and every term and condition hereof.

14.10 Subsequent Projects. After the Effective Date of this Agreement, the City may approve other projects that place a burden on the City's infrastructure; however, it is the intent and agreement of the Parties that the Landowner's right to build and occupy the Project, as described in this Agreement, shall not be diminished despite the increased burden of future approved development on public facilities.

14.11 Entire Agreement. This written Agreement and the Exhibits contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda,

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agreements, warranties or representations are superseded in total by this Agreement and Exhibits.

14.12 Form of Agreement; Exhibits. This Agreement is executed in three duplicate originals, each of which is deemed to be an original. This Agreement, including its exhibits constitutes the entire understanding and agreement of the parties. Said exhibits are identified as follows:

Exhibit A-1 and A-2: Property Description and Site Map

14.13 No Third Party Beneficiary. This Agreement and all of its terms, conditions, and provisions are entered into only for the benefit of the Parties executing this Agreement (and any successor in interest) and not for the benefit of any other individual or entity.

14.14 Authority. The Parties hereby represent that the person hereby signing this Agreement on behalf of each respective Party has the authority to bind the Party to the Agreement.

14.15 Counterpart Signatures. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same Agreement. (SIGNATURES ARE ON THE FOLLOWING PAGE)

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
"City"
CITY OF Milpitas,
A Charter City
By:

Ned Thomas,
City Manager
Date:

Attest:

Suzanne Guzzetta, City Clerk
Approved as to Form:

Michael Mutalipassi, City Attorney
"Stratford Schools, Inc., Landowner"
By ______________________
Name:

Title: President
By ______________________
Name:

Title: Chairman of the Board
Date:

STORE Master Funding IV, LLC

By ____________________
Its

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A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

ACKNOWLEDGMENT
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT "A-1”
Legal Description
EXHIBIT “A-2”
Site Plan

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING CONDITIONAL USE PERMIT NO. UP23-0008 TO ALLOW THE OPERATION OF A NEW

PRIVATE MIDDLE/HIGH SCHOOL (STRATFORD PREPARATORY SCHOOL) IN AN EXISTING 51,740 SQUARE FOOT, TWO-STORY OFFICE BUILDING ON A 3-ACRE LOT LOCATED AT 1323 GREAT MALL DR, MILPITAS CA 95035 (APN 086-024-046) WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City of Milpitas is the lead agency for the proposed project described below; and
WHEREAS, on July 28, 2023, an application was submitted by Jeremy Theodore of Inhabit Design Inc. (“Applicant”) to allow the operation of a private middle/high school in an existing 51,740 square-foot, two-story office building (“Project”). The Project site is on a 3-acre lot located at 1323 Great Mall Dr.

Milpitas CA 95035 (APN 086-024-046); and
WHEREAS, the Planning Department completed an environmental impact assessment for the project in accordance with the California Environmental Quality Act (“CEQA”) and based on which assessment, decided to prepare an Initial Study and Mitigated Negative Declaration (IS/MND) for the Project in accordance with CEQA, and State and local guidelines implementing CEQA.

WHEREAS, on June 26, 2024, the Planning Commission held a duly noticed public hearing, during which meeting the Planning Commission considered the Initial Study and Mitigated Negative Declaration (IS/MND) as well as Site Development Permit No. SD23-0012, Conditional Use Permit No.

UP23-0008 and Environmental Assessment No. EA24-0001 for 1323 Great Mall Dr, heard a presentation from staff, and had the opportunity to hear from members of the public and closed the public hearing on the item; and
WHEREAS, by adoption of Resolution No. 24-023, the Planning Commission recommended that the City Council approve Conditional Use Permit UP23-0008 for 1323 GREAT MALL DR; and WHEREAS, the documents and other materials which constitute the record of proceedings upon which the City Council bases the recommendation and the findings contained within this Resolution are available and may be reviewed at Milpitas City Hall, located at 455 E. Calaveras Boulevard, Milpitas, California 95035; and
WHEREAS, on August 13, 2024, the City Council held a duly-noticed public hearing, during which meeting the City Council considered the Conditional Use Permit No. UP23-0008 for 1323 Great Mall Dr, heard a presentation from staff, and had the opportunity hear from members of the public; and WHEREAS, the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. Recitals

The City Council has considered the full record before it, which includes, but is not limited to, such things as all published staff reports, oral and written testimony by staff, the Planning Commission, City Council and the public, and all other relevant materials and evidence submitted or provided to it.

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

SECTION 2. Conditional Use Permit Findings (Milpitas Municipal Code Section XI-10-

57.04(F)(1))
The City Council makes the following findings based on the evidence in the public record in support of Conditional Use Permit No. UP23-0008, on file with the Planning Department:
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 proposed private school facility will serve the community and as designed, will not have any detrimental or injurious impacts on the property or improvements in the vicinity of the property. As a condition of approval, the high school will have no more than 500 students enrolled at once. The school will maintain designated loading and unloading parking spaces staffed by school administrators and teachers during pickup and drop-off hours during the day, ensuring the orderly movement of vehicular traffic throughout the site. The programming allows for a smooth pickup and drop off process that will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare.

A comprehensive study, adhering to the requirements of the City of Milpitas, Valley Transportation Authority (VTA), Caltrans, and CEQA provisions, concluded that the project’s design and transportation impact analysis meet all necessary guidelines. The analysis confirmed that traffic operations would not have significant impacts according to established engineering standards, and no off-site traffic or transportation mitigations are required. Additionally, the school's operation must comply with all local, state, and federal regulations as part of the Project’s Conditions of Approval. b. The Project is consistent with the Milpitas General Plan.

The proposed Project is consistent with the policies of the Milpitas General Plan, including as demonstrated in Table 1.

Table 1: General Plan Consistency
Policy Conformance
LU 1-1: Support a full spectrum of
conveniently located residential,
commercial, public, and quasi-public
uses that support and enhance business
development, regional transportation
objectives and promote the livability of
residential neighborhoods.

Consistent: The Project is located within the
incorporated limits of the City of Milpitas and further completes the urban fabric without requiring the
expansion of services to unincorporated areas. It
contributes additional educational opportunities for
residents and will also enhance the City’s business
reputation by providing the first private high school in the city.

LU 1-6: Ensure adequate school sites by
allowing new schools to be located in a
variety of compatible land use
designations, including residential,
commercial, public facilities, and
mixed-use designations.

Consistent: The Project is consistent with this policy, as it is located adjacent to the Great Mall, a hotel,
several high-density residential neighborhoods, and a
mass transit center in a city-planned mixed-use area.

LU 7-4: Support the adaptive reuse,
renovation, or redevelopment of aging
enters or commercial uses that are no
longer viable due to changing market
conditions, demographics, or retail
trends into areas that support mixed use
opportunities.

Consistent: The existing commercial building has
been vacant for years, including during the duration of the TASP, and the Project proposes investing at least
20 million dollars to renovate and redevelop the site to support the City’s mixed-use objectives for the area.
c. The proposed use is consistent with the Milpitas Zoning Ordinance.

The proposed Project is generally consistent with the Milpitas Zoning Ordinance, as demonstrated in Table 2. Where the project does not comply with development standards, the Development Agreement (DA) will address and mitigate it.

Table 2: Summary of MMSP and C2-TOD - Development Standards Development
Standard Required Proposed Complies?
Density
Mixed-use:

1.0-5.0 FAR;
minimum
of 1.0 FAR
of office or R&D
51,740
(existing) +
7,883 (new) =
59,623 sf
Lot area =
130,680 SF
Proposed FAR:

0.46 No, this will be addressed
with the DA
Building Height,
maximum 275 feet or 18 stories 35 feet Yes
Front Yard
Setback
10 feet min,
20 feet max
from the back
of the sidewalk
96 feet No, this will be addressed
with the DA
Side Yard
Setback (street
side), minimum
10 feet min,
15 feet max
120 feet No, this will be addressed
with the DA

Development
Standard Required Proposed Complies?
Side Yard
Setback
(Interior)
Minimum
10 feet 20 feet Yes
Rear Yard
Setback,
Minimum
10 feet 16 feet Yes
Vehicular
Parking
Requirements
Non-residential (non-industrial)
1 space per 1,500 square feet
(Minimum Requirement)
Maximum Requirement
1 space per 1,000 square feet
74,318 sf / 1,000 = 74
74 Yes
Table 4-2.

Bicycle Parking
Requirements
Short-Term Parking Requirement
1 space per 20,000 square feet
59,623 sf / 20,000 = 3 x 1 = 3
96 Yes
d. The proposed use is consistent with the Milpitas Metro Specific Plan.

The proposed Project is consistent with the Milpitas Metro Specific Plan, including as demonstrated and outlined in Tables 2 & 3. Where the project does not comply with development standards, the Development Agreement (DA) will address and mitigate it.

Table 3: MMSP Consistency
Policy Conformance
M 6.2. Safe Routes to School. Work with Safe
Routes to School programs to encourage
children to walk or bike to school.

Consistent: The Project applicant has been connected
to the City’s Engineering staff to establish safe walking routes to this new high school location and the existing elementary school to the south.

ICS 3.7. Require, where reasonable and
feasible, that commercial uses, schools, and
non-residential mixed-use developments
include dual plumbing to enable indoor
recycled water use for nonpotable uses to the
extent feasible.

Consistent: The Project proposes a recycled water line
connection from Falcon Drive to the subject site, which is in conformance with this requirement.

Policy Conformance
CB 7. Citywide Sustainability Policies. The
Milpitas Metro Plan Area is a center of
development and change in Milpitas and will
serve as an example for the implementation
of sustainable building practices in the city.

Additional sustainability policies are located
in the City of Milpitas Climate Action Plan.

Consistent: The Project will ensure that all buildings
on-site are certified Silver, Leadership in Energy and
Environmental Design (LEED), and ensure compliance
with the CAL Green Code. LEED certification is a
globally recognized symbol of sustainability
achievement and leadership.

SECTION 3: Student Enrollment Cap
The maximum number of students enrolled at any given time shall not exceed 500. This cap is established to ensure that the facility operates within the capacity limits considered during the CUP approval process. Expansion beyond this cap is prohibited and shall result in the immediate expiration of this permit without further notice or additional process of the law.

SECTION 4: Restriction on Expansion
The existing building footprint or total square footage shall not be expanded. Any application that is not withdrawn by the applicant or approved by the City Council within nine (9) months or any other attempt whatsoever to expand the physical structure, including but not limited to the construction of new buildings, extensions, or significant renovations that increase the total square footage, is prohibited and shall result in the immediate expiration of this permit without further notice or additional process of the law.

SECTION 5: Revocation Clause
Upon revocation of the CUP, Stratford Preparatory School must immediately cease all operations associated with the use permitted under the CUP.

SECTION 6. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.

SECTION 7. City Council Approval
The City Council hereby approves Conditional Use Permit No. UP23-0008 (subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit “1”), based on the above findings.

PASSED AND ADOPTED this 13th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________
Suzanne Guzzetta, City Clerk
APPROVED:

Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

EXHIBIT ‘1’

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. UP23-0008
1323 GREAT MALL DR, MILPITAS CA 95035 (APN 086-024-046) The City of Milpitas Planning Commission and City Council approve Conditional Use Permit No. UP23- 0008 in accordance with XI-10-57.04 of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Conditional Use Permit allows the operation of a new private middle/high school (Stratford Preparatory School) on a 3.0-acre lot located at 1323 Great Mall Dr, Milpitas CA 95035. This approval is subject to all other necessary reviews, approvals, studies, and inspections necessary for such use including for the issuance of building permits or occupancy.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

1. General Compliance: The Permittee and owner, including all successors in interest (collectively "Permittee") shall comply with each and every condition set forth in this Permit. CONDITIONAL USE PERMIT NO. UP23-0008 (collectively "Permit") shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed. The Permittee shall develop the site in accordance with the approved Attachments and as modified by these Conditions of Approval.

2. Effective Date: Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the City Council approved this Permit.

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

4. Permit Expiration: Pursuant to Section XI-10-64-06 of the Milpitas Municipal Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval as may be extended under Section XI-10-64-07, or the expiration of the Development Agreement, whichever is later. An activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

5. Project Job Account: If Permittee's project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee's project job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit as applicable, Permittee shall pay in full the Project account

balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P/E)

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

7. Cost and Approval: Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City.

Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. (ALL)

8. Conditions: Each and every condition set forth in this Exhibit shall apply to the Project and continue to apply to the Project so long as the Project is operating under the permits and approvals in this Resolution. (ALL)

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

10. Written Response to Conditions: The Permittee shall provide a written response to the Conditions of Approval indicating how each condition has been addressed with the building permit application submittal. (ALL)

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

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

13. Indemnification: To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any and all third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void or annul the City’s approval of CONDITIONAL USE PERMIT NO UP23-0008; including any environmental determination made therefore. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition, provided each such demand or monthly payment request includes reasonably detailed backup documentation, including invoices and/or receipts, as applicable, for all amounts to be paid.

Notwithstanding the foregoing, City shall have the right to redact invoices and/or receipts as necessary to preserve attorney-client privilege. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. If City fails to so promptly notify the Permittee, or if City fails to engage in reasonable efforts to cooperate in the defense, then the

Permittee’s indemnification obligations as set forth in this condition of approval shall thereafter terminate. The Permittee shall not be required to pay or perform any settlement unless the settlement is approved by the Permittee. The above indemnification is intended to be as broad as permitted by applicable law. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to CONDITIONAL USE PERMIT NO. UP23-0008, and the balance of the Permit shall be unaffected by said Government Code section. (CA)

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

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

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

17. Development in Conformance with Approved Plans: The Permittee shall develop the approved project in conformance with the approved plans approved by the Planning Commission on June 26, 2024, in accordance with these Conditions of Approval.

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

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

Changes to the site plan and/or building(s) requires review and approval by the Fire Department. (F)

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

20. Student Enrollment Cap: The maximum number of students enrolled at any given time shall not exceed 500. This cap is established to ensure that the facility operates within the capacity limits considered during the CUP approval process. Expansion beyond this cap is prohibited and shall result in the immediate expiration of this permit without further notice or additional process of the law.

21. Restriction on Expansion: The existing building footprint or total square footage shall not be expanded.

Any application that is not withdrawn by the applicant or approved by the City Council within nine (9)

months or any other attempt whatsoever to expand the physical structure, including but not limited to the construction of new buildings, extensions, or significant renovations that increase the total square footage, is prohibited and shall result in the immediate expiration of this permit without further notice or additional process of the law.

22. Hours of Operation: The Project shall comply with the hours of operations as follows: Monday through Friday – 7:00 AM to 6:00 PM for primary educational instruction; ancillary special events on nights and weekends within the hours of 7:00 am- 10:00 pm (P)

23. Operations: The maximum number of children at all times shall be no more than 500 students. Permittee shall also meet all State and local (Building and Fire) occupancy limitations or requirements. (P)

24. Designated Loading/Unloading Parking Spaces: The Permittee shall designate eight (8) dedicated loading/unloading parking spaces clearly identified by signage. (P) 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

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD23-0012 AND ENVIRONMENTAL ASSESSMENT NO.

EA24-0001 TO ADOPT AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) IN ACCORDANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO DEVELOP A NEW 7,883-SQUARE FOOT, 35 FEET TALL GYMNASIUM AND OTHER SITE IMPROVEMENTS ON A 3-ACRE LOT LOCATED AT 1323 GREAT MALL DR, MILPITAS CA 95035 (APN: 086-024-046) AND ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION

MONITORING PROGRAM
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City of Milpitas is the lead agency for the proposed project described below; and
WHEREAS, on July 28, 2023, an application was submitted by Jeremy Theodore of Inhabit Design Inc. (“Applicant”) to allow the operation of a private middle/high school in an existing 51,740 square-foot, two-story office building (“Project”). The Project site is on a 3-acre lot located at 1323 Great Mall Dr.

Milpitas CA 95035 (APN 086-024-046); and
WHEREAS, the Planning Department completed an environmental impact assessment for the project in accordance with the California Environmental Quality Act (“CEQA”) and based on which assessment, decided to prepare an Initial Study and Mitigated Negative Declaration (IS/MND) for the Project in accordance with CEQA, and State and local guidelines implementing CEQA. On May 29, 2024, the City provided a Notice of Intent (NOI) to adopt a mitigated negative declaration to the public, responsible agencies, trustee agencies, and the County Clerk. The IS/MND was available for public review from May 29, 2024, through June 28, 2024, and is available for public review and inspection at the City’s website, https://www.milpitas.gov/379/Environmental-Documents-CEQA; and WHEREAS, the IS/MND reflects the independent judgment and analysis of the City, as lead agency under CEQA and, based upon the information contained in the IS/MND, pending any comments received thereon, and the whole record before the City, there is not a fair argument nor substantial evidence that the Project, together with Conditions of Approval, including without limitation, mitigation measures identified in the IS/MND, will not have a significant effect on the environment; and WHEREAS, the Planning Commission considered the proposed IS/MND, together with any comments received during the public review process for the IS/MND, prior to making any decision on the Project; and
WHEREAS, on June 26, 2024, the Planning Commission held a duly noticed public hearing, during which meeting the Planning Commission considered the Initial Study and Mitigated Negative Declaration (IS/MND) as well as Site Development Permit No. SD23-0012, Conditional Use Permit No.

UP23-0008 and Environmental Assessment No. EA24-0001 for 1323 Great Mall Dr, heard a presentation from staff, and had the opportunity to hear from members of the public and closed the public hearing on the item; and
WHEREAS, The Planning Commission finds that its actions are consistent with CEQA and recommends the City Council adopt the proposed Stratford Preparatory School Project IS/MND, find there is neither a fair argument nor substantial evidence that the project, as mitigated, will have a significant

effect on the environment, and find the project and the City’s approval thereof consistent with CEQA and its implementing guidelines; and
WHEREAS, by adoption of Resolution No. 24-021, the Planning Commission recommended that the City Council approve Site Development Permit No. SD23-0012, Development Agreement No. DA24- 0001 and Environmental Assessment No. EA24-0001 for 1323 GREAT MALL DR; and WHEREAS, the documents and other materials which constitute the record of proceedings upon which the City Council bases the recommendation and the findings contained within this Resolution are available and may be reviewed at Milpitas City Hall, located at 455 E. Calaveras Boulevard, Milpitas, California 95035; and
WHEREAS, on August 13, 2024, the City Council held a duly-noticed public hearing, during which meeting the City Council considered the Conditional Use Permit No. UP23-0008 for 1323 Great Mall Dr, heard a presentation from staff, and had the opportunity hear from members of the public; and WHEREAS, the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. Recitals
The City Council has considered the full record before it, which includes, but is not limited to, such things as all published staff reports, oral and written testimony by staff, the Planning Commission, City Council and the public, and all other relevant materials and evidence submitted or provided to it.

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

SECTION 2. Resolution Regarding Custodian of Record
The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department – 455 East Calaveras Blvd., Milpitas, CA 95035.

SECTION 2: California Environmental Quality Act (CEQA)
The Project is in compliance with CEQA Guidelines Section 15064, 15071, and 15370 that an Initial Study/Mitigated Negative Declaration (IS/MND) conducted an environmental assessment of the project in accordance with the California Environmental Quality Act (CEQA) titled “Stratford Preparatory School Project Initial Study and Draft Mitigated Negative Declaration” (IS/MND). On May 29, 2024, the City provided a notice of intent to adopt a Mitigated Negative Declaration to the public, responsible agencies, trustee agencies, and the County Clerk. The IS/MND was available for public review from May 29 through June 28, 2024.

In connection with the adoption of the IS/MND, the record supports findings in accordance with CEQA Guidelines Section 15070, et seq. that:

1. The IS/MND reflects the independent judgment and analysis of the City, as lead agency under CEQA; and

2. Based upon the information contained in the IS/MND, any comments received thereon, and the whole record before the City, there is not a fair argument nor substantial evidence that the project will have a significant effect on the environment.

3. City Staff will prepare the Notice of Determination (NOD) and file the necessary forms with the Office of the County Clerk-Recorder of Santa Clara County.

SECTION 3. City Council Action - Adopting the IS/MND
The City Council finds that it has been presented with the IS/MND, which it has reviewed and considered, and further finds that the IS/MND is an accurate and objective statement that has been completed in full compliance with CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines and that the IS/MND reflects the independent judgment and analysis of the City Council.

Therefore, the City Council hereby adopts the IS/MND based on the entirety of the record of proceedings.

SECTION 5. City Council Action – Adoption of the Mitigation Monitoring Program Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) attached to this Resolution as Exhibit “2”. Implementation of the mitigation measures contained in the MMRP is hereby made a condition of approval of the proposed Project. In the event of any inconsistencies between the mitigation measures set for herein and the MMRP, the MMRP shall control.

SECTION 6. Notice of Determination
A Notice of Determination shall be filed with the County of Santa Clara and the State Clearinghouse within 5 (five) working days of final Project approval.

SECTION 3. Site Development Permit Findings (Milpitas Municipal Code Section XI-10-

57.03(F))
The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD23-0012, on file with the Planning Department:
a. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

The proposed site layout modifications and design, including the new gymnasium building, renovations to the existing structure, and landscaping, are compatible and aesthetically harmonious with the adjacent and surrounding development. The Great Mall features a contemporary architectural design with large-scale structures, extensive parking areas, and landscaped surroundings. The proposed development maintains a cohesive visual appearance across the site, respecting the architectural character of the Metro neighborhood. The design is predominantly modern, characterized by clean lines, glass facades, and thoughtful landscaping, which integrate seamlessly with the surrounding environment. This integration

enhances the overall community aesthetic. Additionally, the new gymnasium's height and footprint are well-aligned with the surrounding commercial structures, ensuring it does not appear disproportionately large or small within the context of the area. b. The project is consistent with the Milpitas Zoning Ordinance.

The proposed use is consistent with the Milpitas Zoning Ordinance in that a private high school is a conditionally permitted use within the General Commercial (C2) with a Transit Oriented Development (TOD) Overlay (C2-TOD) District and complies with the applicable development standards and parking requirements. As demonstrated in Table 1, the Project generally conforms to the development standards outlined in Municipal Code Section XI-10-

6.04. Where the project does not comply with development standards, the Development Agreement (DA) will address and mitigate it.

Table 1: Summary of MMSP and C2-TOD - Development Standards Development
Standard Required Proposed Complies?
Density
Mixed-use:

1.0-5.0 FAR;
minimum
of 1.0 FAR
of office or R&D
51,740
(existing) +
7,883 (new) =
59,623 sf
Lot area =
130,680 SF
Proposed FAR:

0.46 No, this will be addressed
with the DA
Building Height,
maximum 275 feet or 18 stories 35 feet Yes
Front Yard
Setback
10 feet min,
20 feet max
from the back
of the sidewalk
96 feet No, this will be addressed
with the DA
Side Yard
Setback (street
side), minimum
10 feet min,
15 feet max
120 feet No, this will be addressed
with the DA
Side Yard
Setback
(Interior)
Minimum
10 feet 20 feet Yes
Rear Yard
Setback,
Minimum
10 feet 16 feet Yes

Development
Standard Required Proposed Complies?
Vehicular
Parking
Requirements
Non-residential (non-industrial)
1 space per 1,500 square feet
(Minimum Requirement)
Maximum Requirement
1 space per 1,000 square feet
74,318 sf / 1,000 = 74
74 Yes
Table 4-2.

Bicycle Parking
Requirements
Short-Term Parking Requirement
1 space per 20,000 square feet
59,623 sf / 20,000 = 3 x 1 = 3
96 Yes
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.

Table 2: General Plan Consistency
Policy Conformance
LU 1-1: Support a full spectrum of
conveniently located residential,
commercial, public, and quasi-public uses
that support and enhance business
development, regional transportation
objectives and promote the livability of
residential neighborhoods.

Consistent: The Project is located within the
incorporated limits of the City of Milpitas and further completes the urban fabric without requiring the
expansion of services to unincorporated areas. It
contributes additional educational opportunities for
residents and will also enhance the City’s business
reputation by providing the first private high school in the city.

LU 1-6: Ensure adequate school sites by
allowing new schools to be located in a
variety of compatible land use
designations, including residential,
commercial, public facilities, and mixeduse designations.

Consistent: The Project is consistent with this policy, as it is located adjacent to the Great Mall, a hotel, several high-density residential neighborhoods, and a mass
transit center in a city-planned mixed-use area.

LU 7-4: Support the adaptive reuse,
renovation, or redevelopment of aging
enters or commercial uses that are no
longer viable due to changing market
conditions, demographics, or retail trends
into areas that support mixed use
opportunities.

Consistent: The existing commercial building has been
vacant for years, including during the duration of the
TASP, and the Project proposes investing at least 20
million dollars to renovate and redevelop the site to
support the City’s mixed-use objectives for the area.
d. The project is consistent with the Milpitas Metro Specific Plan.

Table 3: MMSP Consistency
Policy Conformance
M 6.2. Safe Routes to School. Work with Safe
Routes to School programs to encourage
children to walk or bike to school.

Consistent: The Project applicant has been connected
to the City’s Engineering staff to establish safe walking routes to this new high school location and the existing elementary school to the south.

ICS 3.7. Require, where reasonable and
feasible, that commercial uses, schools, and
non-residential mixed-use developments
include dual plumbing to enable indoor
recycled water use for nonpotable uses to the
extent feasible.

Consistent: The Project proposes a recycled water line
connection from Falcon Drive to the subject site, which is in conformance with this requirement.

CB 7. Citywide Sustainability Policies. The
Milpitas Metro Plan Area is a center of
development and change in Milpitas and will
serve as an example for the implementation
of sustainable building practices in the city.

Additional sustainability policies are located
in the City of Milpitas Climate Action Plan.

Consistent: The Project will ensure that all buildings
on-site are certified Silver, Leadership in Energy and
Environmental Design (LEED), and ensure compliance
with the CAL Green Code. LEED certification is a
globally recognized symbol of sustainability
achievement and leadership.

SECTION 4. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.

SECTION 5. City Council Approval

The City Council hereby approves Site Development Permit No. SD23-0012 and Environmental Assessment No. EA24-0001 (subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit “1”), based on the above findings.

PASSED AND ADOPTED this 13th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________
Suzanne Guzzetta, City Clerk
APPROVED:

Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

EXHIBIT ‘1’
SITE DEVELOPMENT PERMIT NO. SD23-0012
ENVIRONMENTAL ASSESSMENT NO. EA24-0001
1323 GREAT MALL DR (APN 086-024-046)
The City of Milpitas Planning Commission and City Council approve Site Development Permit No. SD23- 0012 and Environmental Assessment No. EA24-0001, in accordance with XI-10-57.03 and XI-10-64.02 of the Milpitas Municipal Code, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below. This Site Development Permit and Environmental Assessment are to allow the issuance of building permits for the development of a new 7,883-square foot, 35 feet tall gymnasium building and other site improvements on a 3.0-acre lot located at 1323 Great Mall Dr, Milpitas CA 95035. These approvals are subject to all other necessary reviews, approvals, studies, and inspections necessary for such development including for the issuance of building permits or occupancy.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

1. General Compliance: The Permittee and owner, including all successors in interest (collectively "Permittee") shall comply with each and every condition set forth in this Permit. SITE DEVELOPMENT PERMIT NO. SD23-0012 AND ENVIRONMENTAL ASSESSMENT NO. EA 24-0001 (collectively "Permit") shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed. The Permittee shall develop the site in accordance with the approved Attachments and as modified by these Conditions of Approval.

2. Effective Date: Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the City Council approved this Permit.

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

4. Permit Expiration: Pursuant to Section XI-10-64-06 of the Milpitas Municipal Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval as may be extended under Section XI-10-64-07, or the date of expiration set forth in the Development Agreement, whichever is later. An activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

5. Time Extension: Pursuant to Section XI-10-64.07 of the Milpitas Municipal Code, unless otherwise provided by State law or the Development agreement, Permittee shall have the right to request a onePage 264 of 663

time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

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

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

8. Cost and Approval: Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City.

Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. (ALL)

9. Conditions: Each and every condition set forth in this Exhibit shall apply to the Project and continue to apply to the Project so long as the Project is operating under the permits and approvals in this Resolution. (ALL)

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

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

12. Indemnification: To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any and all third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void or annul the City’s approval of SITE DEVELOPMENT PERMIT NO. SD23-0012 AND ENVIRONMENTAL ASSESSMENT NO. EA24-0001; including any environmental determination made therefore. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition, provided each such demand or monthly payment request includes reasonably detailed back-up documentation, including invoices and/or receipts, as applicable, for all amounts to be paid. Notwithstanding the foregoing, City shall have the right to redact invoices and/or receipts as necessary to preserve attorneyclient privilege. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. If City fails to so promptly notify the Permittee, or if City fails to engage in reasonable efforts to cooperate in the defense, then the Permittee’s

indemnification obligations as set forth in this condition of approval shall thereafter terminate. The Permittee shall not be required to pay or perform any settlement unless the settlement is approved by the Permittee. The above indemnification is intended to be as broad as permitted by applicable law. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to SITE DEVELOPMENT PERMIT NO. SD23-0012 AND ENVIRONMENTAL ASSESSMENT NO. EA24-0001, and the balance of the Permit shall be unaffected by said Government Code section. (CA)

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

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

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

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

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

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

18. Compliance with Land Development Department. The Project/development shall comply with the requirements of the Engineering Division, as may be amended by the City of Milpitas. (E)

19. Compliance with Milpitas Police Department. The Project/development shall comply with the requirements of the Police Department, as may be amended by the City of Milpitas. (POL)

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

21. Development in Conformance with Approved Plans: The Permittee shall develop the approved project in conformance with the approved plans approved by the Planning Commission on June 26, 2024, in accordance with these Conditions of Approval.

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

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

Changes to the site plan and/or building(s) requires review and approval by the Fire Department. (F)

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

PLANNING DEPARTMENT CONDITIONS

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

25. Signage. Any future proposed signage and/or sign program for the Project shall receive a separate planning permit per the latest City adopted zoning regulations for signs in the City and shall incorporate signage design standards in the Metro Specific Plan as applicable.

26. Per Milpitas Municipal Code XI-10-5.02 - Commercial Use Regulations. A Conditional Use Permit is required to operate Educational institutions (Schools, private (elementary, middle, high) and is addressed in resolution 24-023.

27. Tree Removal: In conformance with the Milpitas Municipal Code, all trees removed from the site that measure 37 inches or greater in circumference at 54 inches above the ground shall be replaced at a 2:1 ratio within the Project site. The size and species of the replacement trees shall be developed in conformance with Sheet L-2.0 of the approved plans. (P)

28. Public Art Requirement: Permittee shall comply with the City’s Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI-10-14. Fee shall be no less than onehalf of one percent of building development costs and shall be payable at time of building permit issuance, or installation of “Public Art”, as defined per MMC Sections V-20-310 and XI-10-14.01. (P)

29. Transit Area Specific Plan Development Impact Fee (TADIF) The TADIF is currently $32.75 per Commercial square foot for Fiscal Year 2023-2024. Still, the exact TASP fee will be calculated once a tentative or final Certificate of Occupancy is ready for issuance.

Based on approval for the development of a new 7,883-square-foot gymnasium, the estimated TADIF for this project is $ 258,168.25. The TADIF fee accounts for a % of the Parkland Fee, and because the Applicant is paying this fee, no additional Parkland Fee is required. The City’s annual budget process automatically adjusts this fee each fiscal year. The Applicant shall pay the fee before issuing a tentative or final Certificate of Occupancy.

ENGINEERING DEPARTMENT CONDITIONS

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

30. Modifications: The Site Development Plan presented to the City Council on 8/13/24 with plan set dated 5/17/24 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

31. Solid Waste and Recycling Handling Plan: Permittee shall submit final Solid Waste and Recycling Handling Plan based upon City’s previous comments for City’s review and approval by the Solid Waste Program. The Plan shall show calculations of waste generation volumes and how materials will be transferred from the waste generation areas to the trash enclosure/external collection point; demonstrate how recycling, food waste, and yard trimmings shall have a separately maintained process from garbage handling; address other requirements such as waste generation and compactor sizing, chute shut-off and property management responsibility for bin management and litter control; outreach and education to tenants/occupants, and procure sufficient service frequency based upon waste generation calculation volumes.

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

33. Recycle Water Cross-Connection Specialist: In order to comply with the California Code of Regulations Title 17 and 22, and for timely plan approval by the California State Water Resources Control Board/Division of Drinking Water as well as by the South Bay Water Recycling, Permittee must hire a certified cross-connection specialist for their consultation as to irrigation water system design and construction phasing. The name and contact information of the certified cross-connection specialist shall be provided on all landscape submittal plans.

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

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

36. Coordination with other Projects: Permittee shall coordinate designs with XXX in advance prior to any plan submittal.

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

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

38. 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); and
d. Americans with Disabilities Act (ADA) requirements, where applicable.

39. 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.

40. 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.

41. 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.

42. 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, meter, and reduced-pressure detector assembly for and the dedicated fire service lateral to the new gym building. b) Installation of separate dedicated 6” sanitary sewer lateral and cleanout to the new gym building. 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. Pursuant to the Milpitas Municipal Code, water and sewer charges will begin to accrue upon installation of the meters. d) Installation of new recycled water service lateral and meter from the existing recycled water main stub on Falcon Drive to the adjacent property at 341 Great Mall Parkway. The private service lateral beyond the water meter is to run to the project property. A private recycled water easement shall be dedicated for the segment of the lateral on the 341 Great Mall Parkway property if this property has a different owner than the project property. e) Installation of new fire hydrant and service lateral on Great Mall Drive.

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

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

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

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

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

47. 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.

48. Improvement Agreement and Securities: Permittee shall execute an 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).

49. 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).

50. 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.

51. 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.

52. 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.

53. 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.

54. 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.

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

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

56. 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.

57. 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.

58. Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “h” are based upon current fee rates; however, those fee rates are subject to change. The exact fee amount shall be determined at the time of building permit fee payment. a. Storm water connection fee at $21,562/acre for commercial. b. Water connection fee at $5.97/gpd for commercial, based upon increased water usage. c. Sewer connection fee at $8.52/gpd for commercial, 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.

59. Licensing Agreement: The Property Owner shall enter into a licensing agreement with the City to allow the proposed onsite recycled water service lateral to cross through any onsite public easement on the project property and/or the neighboring property at 341 Great Mall Parkway.

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)

60. 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.

61. On-site Recycle Water Coordination: 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.

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

63. 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-ofways or public easements.

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

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

65. Completion of Public Improvements: Permittee shall complete all public improvements, including but not limited to fire service and sanitary sewer laterals for the new gym building, recycled water service connection for the property, new fire hydrant, removal of unused utility service laterals and connections, and appropriate pavement repairs along Great Mall Parkway, as shown on City approved plans.

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

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

68. 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.

69. 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.

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

FIRE DEPARTMENT CONDITIONS
The notes listed below will apply to ALL buildings and site, unless specifically identify for one particular building or area.

71. Please do not consider this review as an approval for construction from the Fire Department. The plans submitted are not reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). These notes are a general list of the applicable code requirements (2022 Edition), but not limited to, and are provided to assist with the construction permit process.

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

73. Fire Department access. Fire Department apparatus and staff access shall be provided to all buildings and site. Detailed review will be done during construction permit process. CFC Section 503 a. A Minimum of two independent and approved (approved by the Fire Code Official) means of fire apparatus access shall be provided for the site. Buildings or facilities exceeding 30 feet (9144 mm), or three stories in height, or 50,000 square feet (5760m2) shall be provided with at least two means of fire apparatus access for each structure. 2022 CFC, Section D104.1, adopted and amended by MMC V-300-2.186
b. Fire apparatus access roads shall meet the Milpitas Fire Department turning radii guidelines and shall provide continuous apparatus travel. Turning radii for fire apparatus access roads shall be a minimum net clearance of 48 feet 6 inches for the outside radius and 28 feet 0 inches for the inside radius. The layout for the outside and the inside radius shall be from the same reference point (center). CFC Section 503
c. Fire apparatus access roads shall provide a minimum clear width of 26 feet. This requirement is for the use and function of a fire ladder apparatus. CFC, Appendix D, Sections D103.1 and D105.2, adopted and amended by Milpitas Municipal Code. MMC V-300-2.185 and 2.188

Townhome style buildings: 22 feet in width drive is acceptable, provided the structures above provides a continuous clear finish dimension of not less than 26 feet centered on the drive.

Note, fire apparatus turning, and access requirements noted herein this document shall be met. d. Fire apparatus access shall extend to within 150 feet of all portions of exterior walls of the building/structure per the California Fire Code Section 503.1. When there is a dead-end condition, means for fire apparatus turn-around shall be provided. e. Adjacent Access. No source of access from lands adjoining a property to be developed shall be considered unless there is obtained the irrevocable and unobstructed right to use same. CFC Section 503.7, added by MMC V-300-2.56

f. Fire access roads shall be paved (concrete and/or asphalt cement, or other concrete type pavement approved by the Fire Dept.). Fire apparatus access roads/lanes and emergency vehicle roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Design criteria shall be based on the City of Milpitas fire apparatus Sutphen S95 Aerial Platform unit. Please contact the Fire Prevention Division if specifications are needed. CFC Section 503.2.3
g. Ground structures (including landscape) and building projections shall not encroach or impede the fire apparatus access requirements. CFC Section 503.4
h. Emergency Vehicle Access (EVA) roads, when required, shall meet the fire department site access requirements specified herein this document. CFC Section 503 i. No parking in fire access roads. The required access road shall be designated and clearly marked as a fire lane. The designated fire lane shall be identified as set forth in Section 22500.1 of the Vehicle Code. The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE".

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

Signage and red curbs shall be done throughout and as needed to clearly identify the no parking zones.
j. Fire Protection. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. Combustible construction shall not begin until water mains and hydrants are operational and fire apparatus access roads are installed (paved). CFC Section 501.4 k. The Fire Department reserves the right to request site design changes as needed to meet the requirements of the CFC, and/or make the request for additional fire protection measures in conformance with the CFC Section 102.9.

74. Fire Protection Water Supply (hydrants, on-site and public). a. An approved water supply (hydrants on-site and public) capable of supplying the required fire flow for fire protection shall be provided upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Water supply shall meet the Fire Code and the City of Milpitas Engineering Division water supply guidelines and the CFC Section 507, Appendix B and Appendix C. Fire flow reduction as noted in the Appendix B of the Fire Code is not permitted, CFC Section B103.2.

b. Water System Calculations Requirements. Private fire service mains and appurtenances shall be designed and installed in accordance with the City of Milpitas Engineering design guideline requirements and the NFPA 24. Design calculations and all the necessary design information for the water system to meet the domestic and fire flow requirements as per the City of Milpitas Engineer Division water design requirements shall be provided as part of the construction permit process. CFC Section 507
The minimum water flow at the worst-case hydrant outlet within the private system shall be not less than 1,875gpm.
c. The location and quantity of hydrants will be evaluated during the construction permit process.

This applies to the on-site private streets as well as to the public streets. CFC Section 507.5 d. Hydrant for automatic fire sprinkler and or standpipe systems. Buildings equipped with an automatic fire sprinkler system and or a standpipe system installed in accordance with Sections 903 and or 905 shall have a fire hydrant within 50 feet of the fire department connections. CFC Section 507.1.1, amended by MMC Section V-300-2.61
e. Private hydrants shall have the bottom 6 inches of the hydrant painted, with a weather resistive paint, white in color. CFC Section 507.5.7, added by MMC V-300-2.62 f. No parking is permitted in front of fire hydrants. Hydrants located on streets (Public or Private Street) shall have an unobstructed clearance of not less than 30 feet per CA Vehicle Code 22514.

Provide stripping per CA Vehicle Code 22500.1. CFC Section 507.5.4

75. Fire service water laterals for building sprinkler systems. a. Each building shall have a fire service water laterals for the automatic fire sprinkler system and shall meet the California Fire Code requirements of Chapter 9 and the NFPA 13 and other applicable Standards. Note, the utilities drawings provided are not reviewed nor approved for construction. CFC Section 912.1
Sheet TM5.1. The water line connections for 6”W and 8”SS shall be evaluated during the construction.
b. The location of the FDC’s/PIV’s (fire department connection/post indicator valve) shall be at a readily visible and accessible location off the fire access road and approved by the Fire Code Official. FDC’s/PIV’s shall not be located behind parking stalls nor behind any other obstruction.

Final review for location for the FDC’s/PIV’s will be conducted during the construction permit process. CFC Section 912.2
c. FDC/PIV Signage. A metal sign with raised letters at least 1 inch in size shall be mounted on all fire department connections. Signage shall be reflective, weather resistive and approved by the Fire Code Official. CFC Section 912.5
d. Backflow Protection. Potable water supply to the automatic sprinkler and/or the standpipe systems shall be protected against backflow as required by the Health and Safety Code section 13114.7 and the City of Milpitas Utilities Engineering Division. CFC Section 912.6 e. Automatic fire sprinkler riser location. The fire sprinkler system riser shall not be located within electrical rooms or storage closets and shall be provided with clear access and working clearance.

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

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

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

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

79. Fire Dept. emergency Key Box (Knox Box, Knox locks, Knox electric switches, etc.). The Fire Code Official is authorized to require a key box(es) to be installed in an approved location(s) if necessary for lifesaving or firefighting purpose. Quantify and location shall be as directed by the Fire Code Official.

CFC Section 506
Locked mechanical closets, electrical closets, fire alarm closets, sprinkler riser closets, etc. will need a Fire Dept. approved lock or “Knox” key box.

80. Building/Structure Requirements.
a. The buildings shall be provided with an automatic fire sprinkler system in conformance with the NFPA 13 Standards. System type will depend on building/structure construction type and area analysis. California Fire Code Section 903.3
b. All valves controlling the water supply for the automatic sprinkler system shall be electrically supervised by a listed fire alarm control unit. CFC 903.4 c. Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved supervising station. CFC Section 903.4.1 d. Portable fire extinguishers shall be selected, installed, and maintained in accordance with CFC Section 906.
e. All new installations of sprinkler systems shall preclude sprinkler test and system drain water from discharging into the storm drain; provisions to direct water to the sanitary sewer or landscape or other approved means shall be provided. Sprinkler system design shall include the proposed method for drainage of sprinkler system discharge. Storm Water Pollution Regulations f. Fire alarm system(s) shall be zoned as per the requirements of the CFC Sections 907.6.3 and 907.6.4.
g. Fire alarm panel (or fire alarm annunciator panel) shall be located in a readily accessible location and shall be provided with the necessary access and working clearance as required by the CA

Electrical Code. CFC Section 907.6.4.1.1
h. Fire alarm monitoring (Approved supervising station - UL, or FM approved). Fire alarm systems required by the Fire Code or by the California Building Code shall be monitored by an approved supervising station in accordance with the NFPA 72. CFC Section 907.6.6

81. Complete plans and specifications for all aspects of fire protection systems shall be submitted to the Fire Department for review and approval prior to system installation. CFC Section 901.2

POLICE DEPARTMENT CONDITIONS

82. Parking Lot Signage: Parking lot areas shall have postings with appropriate signs per California Vehicle Code Section 22658(a) to assist in removal of vehicles at the property owners’/employer’s request. (PD)

83. No Trespassing Signage: “No Trespassing/Loitering” signage shall be posted at the entrances of parking lots placed in conspicuous areas. Signs shall be at least 2’x1’ in overall size, with white background and black 2” high letters. (PD)

84. Accessibility: An up-to-date map of the interior floor plan shall be provided to the Police Department.

The map shall minimally identify the locations of each room, entry/exit points, storage areas, locations of security cameras, etc. (PD)

85. Convex Mirrors: Large convex mirrors shall be installed at the ends of each floor level and/or hallway making users open to visual scrutiny. (PD)

86. Knox Boxes: Any and all areas controlled by electronic security devices (i.e. key fobs, access cards, keypads, etc.) shall have Knox boxes installed near such access points with the Knox boxes containing the appropriate security devices to gain entry. If access points are controlled by keypads, management shall provide the Police Department with the needed code(s) and regularly update the Police Department if such code(s) change. (PD)

87. Security: A security camera system shall be required for the facility with coverage at all access points into the business. Additionally, the security camera system shall cover the parking lot area to have the clarity necessary to identify an individual vehicle, etc., and have a field of view to maximize the area of coverage. Security cameras shall also cover any enclosed playground area. (PD)

88. Security Footage: The security camera system shall be recorded, and the recording shall be maintained for a minimum of one (1) week and be made available to the Police Department upon request. (PD)

89. Child Safety Locks: Child safety locks shall be placed on all interior/exterior doors and windows in areas designed for pre-school/Pre-K and elementary students to provide additional safety and security for attending children. (PD)

90. Current Photographs: Current photographs of all children enrolled and a parent contact (address, phone numbers, etc.) list at Stratford School shall be maintained. Permittee shall provide the Police Department with photographs and contact lists when requested for specific law enforcement purposes, such as, but not limited to, missing person investigations and custodial abduction cases. (PD)

91. Alert Systems: Door chime/alert systems shall be installed on exterior doors in order to notify employees of persons entering and exiting the facility. (PD)

92. Emergency Notification: Permittee shall file an emergency notification form with the Police Department so law enforcement can contact Permittee in the event of any major accident, emergency, or unforeseen circumstance. (PD)

93. Fire Extinguishers: Permittee shall always have fire extinguishers on site during normal business hours. (PD)

CONDITIONS OF APPROVAL
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

EXHIBIT ‘2’
Mitigation Monitoring and Reporting Program (MMRP)
The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section 21081.6 (a)(1) of the California Environmental Quality Act (CEQA) to be adopted at the time that the Lead Agency determines to carry out a project for which an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to ensure that the mitigation measures identified in the IS/MND are fully implemented.

This MMRP describes the procedures for the implementation of the mitigation measures adopted for the Project. The City of Milpitas Planning Department and staff of other City Departments shall be responsible for administering the MMRP activities or delegating them to consultants, or contractors. The Monitoring or Enforcing Agencies identified herein, at their discretion, may require a project applicant or operator to pay for one or more independent environmental monitor(s) to be responsible for monitoring implementation of mitigation measures (e.g., City building inspector, project contractor, certified professionals, etc., depending on the requirements of the mitigation measures) required of project applicants or operators. Monitors would be hired by the City or by the applicant or operator at the City’s discretion.

Each mitigation measure is identified in Table 1, Mitigation Monitoring Program Matrix, and is categorized by environmental topic and corresponding number with identification of:
• The Implementing Party or Agency – this is in most cases, the applicant for individual projects who will be required to implement most of the measures.
• The Enforcement and Monitoring Entity – this is the entity or entities that will monitor each measure and ensure that it is implemented in accordance with this MMP. • Monitoring Phase and Monitoring Actions – this is the timeframe that monitoring would occur and the criteria that would determine when the measure has been accomplished and/or the monitoring actions to be undertaken to ensure the measure is implemented.

Table 1
Mitigation Monitoring Program Matrix
Mitigation Measure
Monitoring Phase
and Monitoring
Actions
Implementin
g Party
Enforcement
and
Monitoring
Entity
Impact – Air Quality
MM AQ-1: The following BAAQMD Basic Best Management
Practices for Construction-Related Fugitive Dust Emissions shall be implemented:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
• Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12- inch layer of compacted layer of wood chips, mulch, or
gravel.
• Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead
agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable
regulations.

Prior to issuance of
grading permits
Project
Applicant
City of
Milpitas
Building Safety
and Housing
Department.

Impact - Biological Resources
MM BIO-1: In the event that ground disturbing activities or removal of any trees, shrubs, or any other potential nesting habitat that are associated with the Project are scheduled to occur within the avian nesting season (from January 1 through August 31), a qualified biologist retained by the City shall conduct a preconstruction clearance survey for nesting birds within three days prior to any ground disturbing activities.

The biologist conducting the clearance survey shall document the negative results if no active bird nests are observed on the Project Site during the clearance survey with a brief letter report indicating that no impacts to active bird nests would occur before construction can proceed. If an active bird nest is discovered during the pre-construction clearance survey, construction activities shall stay outside of a 100-foot buffer around the active nest. Encroachment into the buffer shall occur only at the Prior to issuance of
grading or building
permits
Project
Applicant
City of
Milpitas
Planning
Department.

Mitigation Measure
Monitoring Phase
and Monitoring
Actions
Implementin
g Party
Enforcement
and
Monitoring
Entity
discretion of the qualified biologist. Any activities requiring the removal of a tree with an active bird nest shall halt until nesting activity seasons, which would be determined by the qualified biologist.

The biologist shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity.

Results of the pre-construction survey and any subsequent monitoring shall be provided to the City of Milpitas, California Department of Fish and Wildlife, and other appropriate agencies.

This requirement shall be indicated on the site improvement plan and specifications for verification by the City of Milpitas prior to the initiation of construction activities.

Impact – Cultural Resources
MM CUL-1: If archaeological resources are encountered during ground-disturbing activities, work in the immediate area shall be halted and an archaeologist meeting the Secretary of Interior’s Professional Qualification Standards for archaeology in either prehistoric or historic archaeology shall be contacted
immediately to evaluate the find. If the resources are Native American human remains, the County Coroner and the Native American Heritage Commission shall be contacted as mandated by law. If necessary, the evaluation may require preparation of archaeological testing for California Register of Historical Resources (CRHR) eligibility. Results of the archaeological testing shall be reviewed and approved by the qualified archaeologist. If the discovery proves to be significant under CEQA and cannot be avoided by the Project, additional work may be warranted, such as data recovery excavation, and, if so, shall be identified by the archaeologist to mitigate any such significant impacts to cultural resources, if identified.

Prior to Project
approval.

Project
Applicant
City of
Milpitas
Planning
Department.

Impact – Geology and Soils
MM GEO-1: In the event that paleontological resources are discovered all construction activities shall halt within 50 feet of the discovery and a Paleontological Resource Mitigation Plan shall be prepared by a qualified paleontologist to address assessment and recovery of the resource. A final report documenting any found resources, their recovery, and
disposition shall be prepared in consultation with the Project Applicant, and a copy of the report shall be provided to the City of Milpitas Planning Division.

Prior to Project
approval.

Project
Applicant
City of
Milpitas
Planning
Department.

Impact – Greenhouse Gases
MM GHG-1: Prior to the issuance of a building permit, the Project Applicant shall demonstrate compliance with relevant and applicable measures of the CAP Update by preparing and implementing a project-specific consistency review checklist. The City shall review this consistency review checklist as part of the Project plan review.

The consistency review checklist shall outline feasible, effective and applicable measures that will be required for the Project.

Applicable and effective measures in reducing Project GHG emissions include, but are not limited to, the following:

Prior to issuance of
grading and building
permits
City of
Milpitas
City of
Milpitas
Planning
Department

Mitigation Measure
Monitoring Phase
and Monitoring
Actions
Implementin
g Party
Enforcement
and
Monitoring
Entity
• Utilize the latest energy-efficient construction equipment, when feasible;
• Install Energy Star appliances;
• Install on-site renewable energy, such as solar panels; • Provide on-site electric vehicle charging stations and associated infrastructure; and
• Install water-efficient irrigation systems capable of using reclaimed water, when available.

Impact – Tribal Cultural Resources
See MM CUL-1 above. Prior to grading and
building permit
issuance.

Project
Applicant
City of
Milpitas
Building Safety
Department
City of
Milpitas
Engineering
Department

AGENDA ITEM: IX-4

MILPITAS PLANNING COMMISSION

STAFF REPORT
June 26, 2024
APPLICATION: NEW PRIVATE MIDDLE/HIGHSCHOOL SCHOOL – 1323 GREAT MALL DR. —UP23-0008, SD23-0012, EA24-0001, and
DA24-0001: A request for a Conditional Use Permit, Site Development Permit, Environmental Assessment, and Development Agreement to allow the operation of a new private middle/high school (Stratford Preparatory School) in an existing 51,740 square foot, two-story office building, and the development of a new 7,883- square foot, 35 feet tall gymnasium building and other site improvements on a 3.0-acre lot located at 1323 Great Mall Dr, Milpitas CA 95035. In accordance with the California
Environmental Quality Act (CEQA), the City has prepared an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to CEQA Guidelines Section 15064 and Public Resources Code Sections 21080(d) and 21082.2(d), and a Development Agreement to provide certainty to the applicable development standards.

RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing and adopt Resolution No. 24-021, recommending that the City Council approve SD23-0012, EA24-0001, and DA24-001, and Resolution No. 24-023, recommending that the City Council approve UP23-0008, based on the findings and subject to the Conditions of Approval.

PROJECT LOCATION:

Address and Assessor’s
Parcel Number (APN): 1323 Great Mall Dr, Milpitas, CA 95035 (APN 086-024-046) Area of City: Milpitas Metro Specific Plan (MMSP): Great Mall Subdistrict.

PEOPLE:

Project Applicant/ Architect: Jeremy Theodore, Inhabit Design Property Owner: STORE Master Funding IV, LLC
Project Planner: Avery Stark, Acting Senior Planner
LAND USE:

General Plan Designation: Milpitas Metro Specific Plan
Specific Plan: Milpitas Metro Specific Plan – MMSP – Great Mall Subdistrict Zoning District: General Commercial (C2) with a Transit Oriented Development (TOD) Overlay (C2-TOD)

ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the City has prepared an Initial Study/Mitigated Negative Declaration for the proposed project pursuant to CEQA Guidelines Sections 15064, 15070, 15071, and 15370.

EXECUTIVE SUMMARY
The City of Milpitas received an application from Jeremy Theodore of Inhabit Design (applicant) requesting a Conditional Use Permit, Site Development Permit, Environmental Assessment, and Development Agreement to allow the operation of a new private middle/high school (Stratford Preparatory School) in an existing 51,740-square foot, two-story office building, and the development of a new 7,883-square foot, 35 feet tall gymnasium building and other site improvements on a 3.0-acre lot located at 1323 Great Mall Dr, Milpitas CA 95035.

The proposed school would serve up to 500 students and include 41 classrooms (general/biochemistry/art/physical engineering), eight offices, four media common rooms, a library, and a theater. The proposed Project also includes exterior alterations to the building façade, including a new 7,883-square-foot gymnasium, an outdoor play area, and various site improvements. Additionally, the Project would include supporting components, such as a new trash enclosure and a 14,695-square-foot artificial turf playfield to the west of the new gymnasium building.

The proposed Project requires three entitlements, as follows:
• Site Development Permit No. SD23-012: To allow the development of a new 7,883-squarefoot gymnasium, up to 35 feet in height, and associated site improvements on a 3-acre parcel; and
• Conditional Use Permit No. UP23-0008: To allow the operation of a private middle/high school within an existing building; and
• Development Agreement No. DA24-0001: To provide certainty as to what development standards apply to this project.

The City prepared Environmental Assessment No. EA24-0001 and an Initial Study/Mitigated Negative Declaration (IS/MND) with the associated traffic analysis in accordance with CEQA to determine the potential impacts on the environment and establish CEQA compliance.

Staff has found that the required entitlements generally comply with the policies, standards, and processes outlined in the City of Milpitas 2040 General Plan, the Milpitas Metro Specific Plan (MMSP), the Zoning Ordinance, and other provisions of the Milpitas Municipal Code (MMC), Staff recommends that the Planning Commission conduct a public hearing and adopt Resolution No. 24-021, recommending that the City Council approve SD23-0012, EA24-0001, and DA24- 001, and Resolution No. 24-023, recommending that the City Council approve UP23-0008, based on the findings and subject to the Conditions of Approval.