Milpitas City Council
December 10, 2024

Restaurant - Sit Down 1 per 39 square feet of dining area Restaurant - Take Out 1 per 2.5 seats (indoor/outdoor) plus 1 per 60 square feet GFA for the ordering or take-out area

7. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.) 3 per service bay 1 Commercial services shall have the same definition as that set forth in Table XI-10-11.07-1.

Off-street parking configurations within the Specific Plan area shall adhere to the following requirements:
(1) Shared Parking within the Specific Plan area shall be as set forth in the City of Milpitas Zoning Code section XI-10-53.11.
(2) Up to forty (40) percent of the required parking stalls may be designed as compact stalls to accommodate compact cars. Compact parking stalls shall be dispersed throughout the parking lot and not concentrated to discourage oversized vehicles from using the stalls. Each stall shall be legibly marked "compact stall" or "small car" on the stall surface.
(3) Parking spaces for the disabled shall comply in all respects with the requirements of the California Code of Regulations (State Building Code) or Federal law, where such prevails over State law. (4) Parking spaces shall be unobstructed in operation, shall not be used for vehicle repair work of any kind unless within a building, and shall not be reduced below the required size as long as the primary use remains, unless an equivalent number of spaces is provided for said use in another approved location. (5) The sale or storage of merchandise in parking areas may be allowed pursuant to the provisions and requirements set forth in Figure 10 and as set forth in Section XI-10-11.07(C)(2)(e), of this Specific Plan.
(6) All parking areas shall be kept clean and free of dirt, oil, mud or trash; pavement and striping shall be maintained in a continuous state of good repair. (7) All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas. (8) Parking stalls and drive aisle dimensions shall comply with Table XI-10-53.13-1 of the City of Milpitas Zoning Code.
(9) All open automobile parking areas which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way and of any adopted plan line, with openings for walkway or drive purposes. Each landscaped planter in said parking facility shall be contained with a six (6) inch raised concrete curb (extruding curbing not permitted). Installation of an irrigation system shall be provided for in each planter area. (10) Lighting shall be provided in the parking area pursuant to Section 11.07(C)(2)(h), of this Specific Plan and shall be designed, located and arranged so as to reflect the light away from any street and any adjacent premises.
(11) Directional signs are permitted in parking areas pursuant to Section 11.07(C)(2)(f), of this Specific Plan.

(12) Vehicles may overhang two (2) feet into any landscape area or private walkway if the walkway is a minimum six (6) feet in width, but in no event shall the overhang be permitted within any public right- of-way.
iii. Loading.
(1) Each loading berth shall have vehicular access to the street, without passing over other parking stalls.
(2) Loading areas shall be designed to provide for backing and maneuvering on site and not from or within a public street. Direct loading from a public street shall not be permitted. (3) Loading bays shall be sealed with rubber gaskets to reduce noise impacts to adjacent areas. f. Outdoor Storage/Sales. Outdoor storage and sales shall be permitted in the Milpitas Commercial Specific Plan area, pursuant to the requirements set forth below. i. Outdoor storage of material shall be completely enclosed within a building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and not located within any front or street side yard setbacks.
ii. Temporary seasonal sales such as Christmas tree or pumpkin sales lots may be permitted provided they do not reduce available parking to below the required parking ratio for the primary use on the site. Temporary seasonal sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales are associated. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use. Temporary seasonal sales shall be approved by Planning Department staff pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan, provided the above requirements are met, and shall be limited to forty-five (45) days of operation per calendar year. iii. Outdoor sales, including temporary tent sales and periodic temporary RV sales, shall be allowed as pursuant to the provisions and requirements set forth in Figure 10 and this Section. iv. Ingress and egress for emergency vehicles shall be maintained at all times within the sales and storage area.
g. Signage. Signage and graphics will be an important element within the Milpitas Commercial Specific Plan area. The intent of the sign program is to provide for maximum sign exposure for uses within the Specific Plan area in a manner that will complement the overall image of the area while preserving and enhancing the aesthetic, vehicle and pedestrian traffic safety and convenience, and environmental values of the surrounding area.

Developer shall be required to prepare and submit a sign program to the City of Milpitas for review and approval before building permit issuance. Developer shall implement the approved sign program into any proposed development in the Specific Plan area. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, any review and approval of a sign program shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the signage requirements of the Milpitas Commercial Specific Plan. Changes in existing sign copy and relocation of existing signs that do not change the existing sign area shall be deemed to be consistent with the signage requirements of the Specific Plan and shall not require any additional approvals.

The following sets forth the requirements for signs in the Milpitas Commercial Specific Plan area:
i. Definitions. The definitions stated in Milpitas Municipal Code Title XI, Chapter 10, Section 2.03 are incorporated herein.
ii. Maximum Sign Area. The maximum permissible sign area in the Specific Plan area shall conform to the following area:

(1) The total aggregate area of all signs permitted on any building site or property shall not exceed one (1) square foot of sign for each two (2) lineal feet of building perimeter on the subject parcel or not exceed two (2) square feet of sign for each one (1) lineal foot of public street frontage, at the developer's discretion.
(a) For buildings or uses containing more than one (1) business, the allowable sign area as defined in Section (1) above shall be distributed to each business proportionately to the floor area of the subject business to the total floor area for all leasable structures on the parcel or site; or, distributed to each business proportionately to the building façade of the subject business by one (1) square feet of sign area per one (1) lineal feet of adjacent building façade oriented towards a property line of a site or common parking area.
(b) Public street frontage with non-access rights or no immediate direct access, such as flood control channels, but excluding landscaped planter areas, shall not be included in computing public street frontage for purposes of sign area calculations.
(c) Any square footage of a sign shall be deducted from the total maximum permissible sign area allowed for the site, unless otherwise specified or exempted in this Specific Plan.

The following signs shall not count towards the maximum sign area allocations: Ancillary Service Signs; Blade Signs; City Identification Signs; Flag Signs; Menu Board Sign for Drive Through; one "open/closed" Window Sign; and Temporary Signs. Based on public street frontage the maximum allowable sign area is 2,806 square feet in the Specific Plan area. iii. General Sign Requirements.
(1) The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained. (2) Signs should be an integral part of the design of the storefronts of mixed-use buildings. (3) To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design. (4) Signage shall not obstruct pedestrian circulation.
(5) While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language.
(6) The business name and address shall be displayed on the tenant space if located in a multi-tenant building or on the building or property for a single occupant building. (7) All signs shall be erected only upon the site occupied by the persons or business sought to be identified or advertised by such signs.
(8) Lighting - All lighting sources shall be adequately diffused or shielded; bare lighting sources, such as neon, bare fluorescent tubes, incandescent bulbs, light emitting diodes (LED) and similar devices are not permitted.
(9) Construction - The sign's supporting structure shall be as small in density and as simple as is structurally safe; sign letters and materials should be professionally designed and fabricated; multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically; exposed transformers are prohibited; exposed conduit and tubing must be mitigated so that they are inconspicuous.
(10) Materials - Sign faces should be constructed of non-brittle, non-yellowing Polycarbonate material or superior; signs should be constructed using high-quality materials such as metal, plastic, stone and wood; impact resistive plastic shall be used on all internally illuminated signs utilizing plastic sign faces.

Whenever a plastic internally illuminated sign face, advertising copy or message becomes damaged and is to be replaced, said sign face shall be replaced with a sign face constructed of impact resistive plastic. iv. Standards for Specific Types of Permanent Signs.
(1) Ancillary Service Signs must be affixed to building, wall or window, and shall be smaller in scale to the tenant signs.
(2) Architectural Signs shall constitute an integral part of a roof or marquee and must have a minimum clearance of ten (10) feet from the ground.
(3) Area Identification Signs shall not require extensive maintenance or upkeep. (4) Blade Signs shall provide a minimum of eight (8) feet of clearance above the walkway surface below, be pedestrian oriented only, project a maximum of four (4) feet from the wall of a building, and not be internally illuminated.
(5) City Identification Signs erected on private property do not count toward the maximum number of freestanding signs allowed on site.
(6) Freestanding Signs greater than six (6) shall be part of an approved sign program as set forth in Section XI-10-11.07(C)(2)(f), of this Specific Plan. Freestanding signs shall be erected in on-site landscaped planter areas and maintained in a neat and healthy manner in perpetuity with vegetation that is appropriate to the site. The planter area shall extend a minimum of three (3) feet from the base of the sign.

The height of free standing signs shall be measured from grade level of the closest public sidewalk, curb or public street. A freestanding sign may consist of more than one (1) sign panel provided that all such sign panels are consolidated into one (1) common integrated sign structure. (7) Graphic Panel Signs shall be located within five (5) feet of the main building wall. They do not count as freestanding signs, but the display area on graphic panels counts towards overall sign area. (8) Joint Use Signs shall be approved as part of a Sign Program and only for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are strongly encouraged. (9) Menu Board Signs for drive-thru and speakers shall be oriented away from the public right-of- way.
(10) Off-Site Public Information Signs for a quasi-public use may request up to two (2) signs to be located by the City within the public right-of-way. These signs shall only include the name of the use in letters not exceeding four (4) inches in height and an arrow specifying the appropriate direction. Requests for such signs shall be made in writing by an authorized representative of the use and shall include the general location desired for said signs. The City Manager, or his or her designee, shall determine the precise location and sign design based on good traffic engineering practice and shall provide for erection of the signs.
(11) Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. Unless modified by an approved sign program, projecting signs shall only be located on the middle one-third of the front wall of a building and shall not extend from the front wall to which they are attached more than five (5) feet. Projecting signs shall not project into a public right-of-way.
(12) Wall Signs shall have a maximum area as set forth in Table XI-10-11.07-4, Matrix of Permanent Sign Types, below. The exposed face of a wall sign shall be installed in a plane parallel to the plane of the wall.

The maximum number, size and height of permanent signs, as defined and discussed above, is set forth in Table XI-10-11.07-4, Matrix of Permanent Sign Types.

Table XI-10-11.07-4
Matrix of Permanent Sign Types
Sign Type Maximum Number of
Signs Permitted
Maximum Size per
Sign
Maximum Height per
Sign
Ancillary Service Signs n/a n/a None
Architectural Sign n/a n/a n/a
Area Identification
Sign
n/a 60 square feet n/a
Blade Sign One per elevation of
each tenant space
n/a 15 feet above walkway
surface
City Identification Sign n/a n/a n/a
Flag Signs 1 per site or building 40 square feet per flag sign
n/a
Freestanding Sign 1 per each parcel's
public street frontage, 1
additional sign for sites
with more than 300 feet
of public street frontage
n/a 25 feet max; 1 foot of
height for every 8 lineal
feet of public street
frontage. For any
second sign, only the
lineal feet in excess of
300 shall be used to
determine height.

Graphic Panel Sign n/a n/a n/a
Joint Use Sign See Freestanding Sign
Menu Board Sign for
Drive Through
2 per site n/a 6 feet
Off-site Public
Information Sign
n/a n/a n/a
Projecting Sign One per business Sixteen (16) square feet per side unless
increased pursuant to
approve Sign Program.
n/a
Wall Sign n/a n/a n/a
Window Sign n/a Shall not exceed
twenty-five (25)
percent of the
contiguous window
area.
n/a

v. Standards for Specific Types of Temporary Signs.
(1) Balloon Signs shall be allowed for grand openings (when first opened or after significant remodeling) for a business, promotional events for individual businesses or group of businesses on a parcel. Only one (1) sign may be attached to the balloon to identify the name of the shopping center, business, activity or event. No other smaller balloons shall be attached to the balloon or its supporting or secure lines. The balloon shall be securely mounted to the ground or a room and shall not move by any other means than normal wind current.
(2) Banner Signs shall be securely attached flush to a building and located on the premise of the business or use it advertises. The banner sign may be wrapped around a permitted permanent freestanding sign or wall sign when used to announce a change of business name. This banner would be allowed in addition to any other banner for the business.
(3) Construction Signs may indicate the opening date, architect, engineer, contractor, future business or lending agency and shall only be placed on the site of work under construction with a valid building permit.
(4) Grand Opening Signs are permitted when used for bona-fide grand opening functions after a business' initial occupancy, new ownership, name change or the reopening of a business that completely closed for remodeling for at least two week and shall only be displayed at the business for which the grand opening will occur.

The maximum number, size and height of temporary signs, as defined and discussed above, is set forth in Table XI-10-11.07-5, Matrix of Temporary Sign Types.

Table XI-10-11.07-5
Matrix of Temporary Sign Types
Sign Type Maximum
Number of Signs
Permitted
Maximum Size
per Sign
Maximum Height
per Sign
Duration
Balloon Sign 1 per event 50 feet above
grade
Up to four (4)
times per calendar
year. Maximum
30 days per event,
15 days for
subsequent
displays during
year. Minimum 30
days between
display
occurrences
Banner Sign 1 per elevation 60 square feet Maximum 30
consecutive days
for 1st event;
maximum 15
consecutive days
for subsequent
event. Displays
shall be

interrupted by 30
days. Maximum
four (4) banner
signs permitted
per calendar year.

If associated with
a remodel, the
interruption
period may be
waved.

Construction Sign 2 per street
frontage
For tenant
improvements: 2
maximum
32 square feet 6 feet when
freestanding
After issuance of
building permit
and removed upon
approval of final
occupancy
Grand Opening
Sign
1 per elevation 60 square feet 30 days
Temporary Use
Sign
1 per street
frontage
32 square feet 8 feet To be erected only
during the
temporary use and
taken down upon
completion of
temporary use
vi. Prohibited Signs and Elements of Signs. The following types of signs are prohibited in the Specific Plan Area: Off-Site Advertising Displays; Privately-Owned Signs Resembling Traffic Signs; Reflective Signs; Rotating or Moving Signs; Roof Sign or Signs Extending Above Roof Ridge; Signs That Are A Traffic Hazard; Sound or Odor Emitting Signs; Other Advertising Structure; and Statuary Signs.

The following types of signs are prohibited subject to the exceptions noted below:
(1) Abandoned Signs shall be removed within ninety (90) days after the business the sign advertised has ceased and shall include elimination of all sign copy and if the sign was mounted on a building, the building façade shall be restored to its original state to the best extent possible. (2) A-Frame Signs and Portable Signs with the exception of public services signs and open house directional signs.
(3) Blinking, Flashing Lights or any sign having fluttering lights or other illuminating device which has changing light intensity, brightness or color unless approved pursuant to an approved sign program. (4) Temporary Signs except construction signs, grand-opening signs, and temporary promotional signs.
(5) Vehicle-Mounted Signs where the vehicle is not legally registered, not operable, not parking within the confines of a striped parking space approved by the City of Milpitas or parked within the confines of a striped parking space approved by the City of Milpitas or a city street for more than seventy- two (72) hours.
(6) Portable Signs

h. Noise.
i. Construction Noise. Hours of exterior construction shall be limited to between the hours of 7 a.m. and 7 p.m. daily except holidays. All construction equipment shall be acoustically muffled to reduce noise in accordance with Caltrans Standard Specifications.
ii. Operational Noise. Development in the Specific Plan area shall comply with the noise standards contained in the Noise Element of the Milpitas General Plan. i. Lighting. The following section addresses illumination of on-site areas for purposes of safety, security, and nighttime ambience, including lighting for parking areas, pedestrian walkways, graphics and signage, architectural and landscape features, shipping and loading areas, and any additional exterior areas.

Prior to issuance of building permits, the developer shall ensure that all exterior lighting fixtures (building-mounted and freestanding) are shielded, recessed, or directed downward to prevent unwanted illumination of neighboring properties. Fixtures shall be appropriate in terms of height, style, design, scale and wattage to the use of the property. Fixtures shall be spaced appropriately to maximize pedestrian safety. This may be accomplished by submitting a Lighting Plan for review and approval by the Planning Director as set forth in Section XI-10-11.07(E), Administration, of the Milpitas Commercial Specific Plan. Any review of a Lighting Plan shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the provisions of the Milpitas Commercial Specific Plan. The approved Lighting Plan shall be incorporated into the development proposed.
j. Police Protection. Developer shall conduct a crime survey of the area to evaluate the security needs for development in the Specific Plan area and shall implement a security plan based on this analysis. Any security plan shall be submitted to the City of Milpitas Police Department for review and approval. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, any review and approval of a security plan shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the police protection requirements of the Milpitas Commercial Specific Plan.

The following security measures shall be incorporated into any development in the Specific Plan area and may be part of the developer's security plan:
i. A closed-circuit camera surveillance system for inside and outside of any retail building. These cameras should monitor the store entrance, cash registers and safe; ii. A parking lot patrol that assists customers, ensures safety, and takes action to identify and prevent any suspicious activity (such as loitering and vandalism) both during the day and nighttime hours, and a plainclothes patrol inside the retail building to ensure safety and security; iii. Practices and procedures to prohibit consumption of alcohol in the parking lot by having employees regularly patrol the parking lot areas while collecting shopping carts and report any inappropriate activity to the appropriate management staff; iv. A burglar, robbery and/or panic alarm;
v. Clearly marked and lighted parking areas to allow for safe circulation; and, vi. On-site security twenty-four (24) hours a day during construction to prevent theft or vandalism of construction materials.

3. Business Licenses. Prior to the issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the developer will comply with City of Milpitas provisions for obtaining business licenses for the construction contractor and subcontractors.

Prior to the issuance of a Final Certificate of Occupancy, the developer shall comply with City of Milpitas provisions for obtaining business licenses (including amendments to existing licenses) for the building occupant.

D. Infrastructure, Grading and Construction. Any and all approvals, decisions, reviews or actions required under this section and required for development within the Milpitas Commercial Specific Plan area shall be ministerial, final and not subject to appeal, and shall be processed pursuant to Section XI-10-

11.07(E), Administration, of this Specific Plan.

1. Infrastructure.
a. General Provisions. Any development in the Specific Plan area shall comply with the following:
i. All existing on-site public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure shall be permitted within City easements and no trees or deep-rooted shrubs are permitted within City utility easements, where the easement is located within landscape areas.
ii. Submittal of the Sewer Needs Questionnaire and/or Industrial Waste Questionnaire is required with any building permit application. Payment of the storm water connection fee and treatment plant fee shall be paid prior to building permit issuance.
iii. Developer must pay all applicable development fees, including but not limited to, plan check and inspection deposit, and two and one-half percent (2.5%) building permit automation fee. These fees are collected as part of the secured public improvement agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor & materials. All fees shall be paid prior to building permit issuance. iv. Before building permit issuance, developer shall obtain design approval from the City Engineer pursuant to Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan, for all necessary public improvements along Ranch Drive, including, but not limited to, the installation of new pedestrian crosswalk and ped-flashing warning signals, new mid-block ramp, signage and striping, and installation of new median. Developer shall bond for such improvements and execute a secured public improvement agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor and materials. All public improvements shall be constructed to the City Engineer's satisfaction and accepted by the City prior to building occupancy permit issuance.
v. At the time of building permit application, developer shall pay any project job account balance due to the City for recovery of review fees. Review of any permit submittals will not be initiated until balance is paid in full.
b. Water Facilities. The Specific Plan area will receive water service from the City of Milpitas. The City of Milpitas's Urban Water Management Plan indicates that under normal water years, water supplies are sufficient to serve demands within the City through 2030. Under multiple dry year scenarios, demand is expected to surpass supply as soon as 2010. Because the Specific Plan area has an existing building, that building's water demand is accounted for in the City's water demand projections. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased potable water demand that would adversely impact the water system. Development may be suspended, however, prior to building permit issuance if necessary to stay within available water supplies and will remain suspended until water is available. The City shall provide Developer with written evidence that available water supplies do not exist prior to suspending any development within the Specific Plan area. The Specific

Plan area is estimated to generate ten thousand nine hundred (10,900) gallons per day of water demand.

Implementation of the Specific Plan will not require new or expanded water facilities.

Development in the Specific Plan area must install the following indoor water conservation measures prior to issuance of the final certificate of occupancy to reduce overall demand for potable water: low- flow or ultra-low-flow toilets and urinals; and sensor-activated faucets in restrooms. c. Wastewater Facilities. The Specific Plan area would convey wastewater via municipal sewage infrastructure maintained by the City of Milpitas to the San Jose/Santa Clara Water Pollution Control Plant. A wastewater trunk line is located in North McCarthy Boulevard from SR-237 to the Milpitas Pump Station located at Dixon Landing Road. The trunk line ranges in diameter from thirty-six (36) to forty-eight (48) inches. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased effluent generation that would adversely impact the sewer system or treatment plan capacity. Development may be suspended, however, prior to building permit issuance if necessary to stay within the safe allocated capacity at the San Jose/Santa Clara Water Pollution Control Plant and will remain suspended until sewage capacity is available. The City shall provide Developer with written evidence that available sewage capacity does not exist prior to suspending any development within the Specific Plan area. The Specific Plan area is estimated to generate six thousand three hundred ninety (6,390) gallons per day of effluent. Implementation of the Specific Plan will not require new or expanded wastewater treatment facilities.

Development in the Specific Plan area will be required to pay a Treatment Plant Fee, a standard requirement for new development projects.
d. Storm Drains. Implementation of the Specific Plan will not require new or expanded offsite storm drainage facilities. However, at the time of building permit plan check, the developer shall submit a grading plan and a Drainage Study prepared by a registered Civil Engineer that recommends adequate drainage facilities to properly accept and convey drainage flows from the Specific Plan area. The study shall be reviewed and approved by the City Engineer, pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan. Developer shall incorporate the conclusions and recommendations of the approved Drainage Study prior to building permit issuance. e. Solid Waste Disposal. Republic Services provides solid waste and recycling services to the City of Milpitas, including the Specific Plan area. During construction, it is estimated that the Specific Plan area would generate approximately five thousand seven hundred thirty-seven (5,737) tons of solid waste.

During operation, it is estimated that the Specific Plan area would generate approximately 361.7 tons of solid waste annually. Before starting construction in the Specific Plan area, developer shall retain a qualified contractor to perform construction and demolition debris recycling. Developer must document, to the satisfaction of the City of Milpitas, that construction and demolition debris was recycled. Before building permit issuance, developer shall show on-site facilities necessary to collect and store recyclable materials. The facilities shall include receptacles in public spaces that are of high-quality design and identify accepted materials. Business owners in the Specific Plan area must comply with best management practices for the handling of solid and food wastes, as permitted by and in compliance with local and state solid waste disposal regulations.
f. Natural Gas. PG&E will provide natural gas service to the Specific Plan area and has available natural gas supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual natural gas consumption is 8.79 million cubic feet. g. Police Protection. The Milpitas Police Department will provide police protection to the Specific Plan area. No new or expanded police protection facilities are necessary to serve the Specific Plan area. h. Fire. The Milpitas Fire Department will provide fire protection and emergency medical services to the Specific Plan area. No new or expanded fire protection facilities are necessary to serve the Specific Plan area.

i. Electricity and Telephone. The Specific Plan area is located within PG&E's service territory.

PG&E would provide electrical services to the Specific Plan area. PG&E has available electricity supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual electricity consumption is 2.37 million kilowatt hours.

Telephone service to the Specific Plan area will be provided by AT&T. j. Schools. Prior to the issuance of building permits, the developer shall pay school impact fees.

Impact fees are currently forty-seven cents ($0.47) per square foot.

2. Project Access. Access to the Specific Plan area allows for safe and efficient travel to and from the area. Administrative provisions and signage of the Specific Plan will facilitate direction and access throughout the area. Public transportation exists in the Specific Plan area and a direct pedestrian connection links the existing retail building with the Ranch Drive sidewalk, allowing for safe and convenient access between the existing retail building and the bus stop. A designated pedestrian connection between the existing retail building and the balance of the McCarthy Ranch Marketplace to the south and Ranch Drive to the north exists and will be maintained with any development of the Specific Plan area.

Vehicular access to the Specific Plan area will be provided by two (2) driveways onto Ranch Drive and a McCarthy Ranch Marketplace driveway entrance located to the southeast of the existing retail building.

The driveways on Ranch Drive are stop-controlled and provide single-lane ingress and egress. Truck deliveries would enter via the northern driveway along Ranch Drive and immediately turn right and travel westbound towards the loading dock. Trucks exiting the site would retrace their path to the northern Ranch Drive driveway.

Prior to the issuance of a Certificate of Occupancy, Developer shall obtain the necessary approvals for the installation of VTA bus stop improvements consisting of retention of the bus stop in its existing location, and installation of a seven-foot by twenty-foot Portland cement concrete shelter pad behind the sidewalk/passenger waiting pad with retaining wall. Bicycle storage facilities shall also be installed prior to the issuance of the final certificate of occupancy. These facilities shall consist of at least one (1) rack located in a visible and convenient location (i.e., near the entrance to the building) and that provides storage equivalent to two (2) percent of the minimum parking requirement in the Specific Plan area.

Developer also shall work with and negotiate in good faith with the adjacent property owner to obtain permission for the design and construction of striped pedestrian crossing and associated median and/or ramp modifications at the shared driveway for McCarthy Ranch Marketplace and Specific Plan area entrances.

3. Grading. Given the relatively level topography within the Specific Plan area, development will result in modest changes to topography and ground surface features. During grading and construction, however, developer shall adhere to all applicable recommendations for abating expansive soil conditions contained in the Geotechnical Engineering Investigation or comparable geotechnical study. Prior to the issuance of grading permits, developer shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Milpitas that identifies specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities.

4. Construction. During all construction activities within the Milpitas Commercial Specific Plan area, the following measures shall be implemented:
a. Water all active construction areas and exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) at least two (2) times per day; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two (2) feet of freeboard;

c. Pave, apply water three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites;
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets;
f. All vehicle speeds on unpaved roads shall be limited to fifteen (15) miles per hour; g. 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; h. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points;
i. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and, j. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Milpitas regarding dust complaints. This person shall respond and take corrective action within forty-eight (48) hours. The phone number of the Bay Area Air Quality Management District shall also be visible to ensure compliance with applicable regulations.

5. Fiscal Implementation. Implementation of the Specific Plan including, without limitation, construction of all infrastructure and private facilities contemplated in the Specific Plan, will be financed as follows:
a. All infrastructure necessary to implement the Specific Plan will be privately funded (by way of debt and/or equity financing), except to the extent that the cost of components of the infrastructure is a) funded by development impact fees, fair share contributions and other payments to public agencies and/or b) reimbursed from any public source.
b. All private improvements necessary to implement the Specific Plan will be privately financed (by way of debt and/or equity financing).

E. Administration.

1. Permit Processing. Development within the Specific Plan area that is consistent with the provisions of the Milpitas Commercial Specific Plan and the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Figures XI-10-11-07-6 through -9, and the conditions and requirements set forth in Figure 10, shall be processed under building permit and/or construction plan review and no additional approvals or permits shall be required. Any review or action by City agencies, entities or individuals (i.e., the Milpitas Police Department; the City Engineer; the City Building Department; Planning Director) on such development submittals shall be considered part of building permit and/or construction plan review. The action shall be limited to a determination of compliance with the provisions of the Milpitas Commercial Specific Plan and all applicable building codes and other requirements of the City, County, State and/or other responsible agencies. Building permit and/or construction plan review shall be non-discretionary, final actions that cannot be appealed.

Development that is not consistent with the development standards set forth in the Milpitas Commercial Specific Plan, shall either require a Substantial Conformance Determination, as discussed below, or require approval under the provisions and requirements of the Milpitas Zoning Code for development in the C2 Zone.

Any building permit issuance in the Specific Plan area will be conditioned on the availability of water and sewage capacity as set forth in Sections XI-10-11.07(D)(1)(b) and XI-10-11.07(D)(1)(c). Conformance with the provisions of this Specific Plan do not provide a vested right to the issuance of a Building Permit as water and sewage capacity availability is a material (demand/supply) condition to development on the Specific Plan area.

2. Existing Uses. Operation and maintenance of existing uses or structures in the Specific Plan area are not subject to the provisions of the Milpitas Commercial Specific Plan provided a building permit has been obtained and is still valid at the time of the effective date of the provisions codified in this title. Any expansion or development of existing uses or structures, however, would require compliance with the provisions of the Milpitas Commercial Specific Plan.

3. Substantial Conformance Determination.
a. Purpose. A Substantial Conformance Determination is a mechanism to allow the approval of minor modifications for development under the Specific Plan. A Substantial Conformance Determination may include, but is not limited to, minor modifications to the conceptual plans (Figures XI-10-11.07-6 through-9); inclusion of land uses not listed in Section XI-10-11.07(C)(1) of the Specific Plan; modifications that might be necessary to comply with applicable infrastructure, public services and facilities requirements, and landscape palette; and other issues. A Substantial Conformance Determination does not apply to significant modifications in the basic design of the Specific Plan area; changes to the height or bulk of the approved uses; or increases in the density or intensity of the approved uses unless specifically permitted by the provisions of this Specific Plan.

The purpose of a Substantial Conformance Determination is to ensure orderly development, quality aesthetic design, and safe and harmonious placement of uses within the Specific Plan area. A Substantial Conformance Determination (unless specifically noted otherwise) shall be made by the Planning Director or designee administratively, without the need for a public hearing. In making a Substantial Conformance Determination, the Planning Director or designee shall first make all of the required findings set forth in this section.
b. Guidelines For A Substantial Conformance Determination. The following guidelines explain the requirements for making a Substantial Conformance Determination, and the limits placed on the degree of variance from the provisions of the Specific Plan that can occur as part of a Substantial Conformance Determination.
i. Permitted Land Uses. Land uses not listed as permitted in Section XI-10-11.07(C)(1) of this Specific Plan may be permitted, with a Substantial Conformance Determination, provided that:
(1) The proposed use is compatible with the uses permitted described in Section XI-10-11.07(C)(1) of this Specific Plan; and
(2) The proposed use is similar to and will not cause environmental impacts substantially greater than the other permitted uses set forth within Section XI-10-11.07(C)(1) of this Specific Plan. ii. Infrastructure. Any modifications to the alignment of access roads; parking lot configurations, or adjustments to individual infrastructure facilities plans such as drainage, sewer, water, and utilities shall be subject to a Substantial Conformance Determination by the Planning Director or designee. Prior to making a Substantial Conformance Determination, the Planning Director or designee shall make the finding that the proposed modification will not result in any environmental impacts substantially greater than those which would occur without any modification.
iii. Environmental Performance Standards. The Planning Director or designee may approve minor variations from the environmental performance standards set forth in Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan, with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall first find that the

proposed variation provides substantially equivalent environmental protection as the originally approved standard.
iv. Conceptual Plan and Other Specific Plan Provisions. Provisions of the Specific Plan including, but not limited to, architectural details; landscape palette; building size, height, bulk, and orientation; parking lot layout; and other plan details may be modified with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisions of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

A maximum ten (10) percent modification to permitted lot coverage, setbacks, floor area (other than the maximum allowable with the Specific Plan area), parking and fence and wall heights may be permitted subject to a Substantial Conformance Determination by the Planning Director or designee. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisions of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

The required parking spaces may be reduced by the Planning Director or designee subject to a Substantial Conformance Determination after preparation of a parking study demonstrating the proposed reduction in parking spaces is justified based on the mix of uses within the Specific Plan area and the use of shared parking between those uses.

A comprehensive sign program shall be submitted to the Planning Director for finding that it complies with the signage requirements of the Milpitas Commercial Specific Plan. Such finding shall be made as a part of building permit and/or construction plan review. Any subsequent sign permit applications that substantially comply with the comprehensive sign program shall be shall be processed as a ministerial building permit and/or construction plan review. Any comprehensive sign program that does not comply with the signage requirements of the Milpitas Commercial Specific Plan shall require a Substantial Conformance Determination.

4. Substantial Conformance Determination Procedure.
a. Application. Applications for a Substantial Conformance Determination shall be made on forms provided by the Planning Director or designee and shall be accompanied by a filing fee, equivalent to the fee for a Site Development Permit application. Applications shall be made by the owner of the property for which the approval is sought, or an authorized agent. b. Hearing. No public hearing shall be required for a Substantial Conformance Determination. c. Action by Reviewing Authority. The reviewing authority for a Substantial Conformance Determination shall be the Planning Director or designee. The reviewing authority shall take action by providing written notice to the applicant or developer approving, conditionally approving, or denying a Substantial Conformance Determination. The action of the Planning Director or designee shall be final with no appeal.
d. Findings. The Planning Director or designee must make a Substantial Conformance Determination if all of the following findings, in addition to those identified above, can be made:
i. The physical characteristics of the site have been adequately assessed, and proposed building sites are of adequate size and shape to accommodate proposed uses and all other features of development. ii. There is supporting infrastructure, existing or available, consistent with the requirements of the Milpitas Commercial Specific Plan, to accommodate the development without significantly lowering service levels.

iii. The development resulting from the determination of substantial conformance will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land uses, as well as the character of the surrounding area. iv. The proposed improvements related to the development resulting from a Substantial Conformance Determination adequately address all natural and man-made hazards associated with the proposed development and the project site.

5. Periodic Review. After receiving a certificate of occupancy, development in the Milpitas Commercial Specific Plan Area is subject to a six-, twelve- and eighteen-month review by the Planning Commission. The review shall be a public hearing to review conformance of the development with the requirements of the Milpitas Commercial Specific Plan.

6. Specific Plan Amendments.
a. Purpose. Specific Plan amendments are governed by Government Code Section 65453 and the Milpitas Municipal Code Section XI-10-57.02.
b. Process.
i. The Specific Plan may be amended or repealed only by a majority of the voters voting in an election thereon.
ii. Notwithstanding subsection (a), upon application of the fee title holder of the Milpitas Commercial Specific Plan area, the City Council may amend the Specific Plan to further the purposes of this Specific Plan, but in no case can such amendment reduce or eliminate the parties' obligation to fund, construct, or cause to be funded or constructed, the public benefits or Environmental Performance Standards required.

F. Environmental Performance Standards. The Specific Plan includes environmental performance standards to ensure that development proceeds with appropriate environmental sensitivity. Environmental studies related to aesthetics, light and glare, health risks, air quality, biological resources, geology, soils and seismicity, hazards and hazardous materials, hydrology and water quality, noise, public services and utilities, transportation and urban decay were conducted for an expansion of the existing retail facility in the Specific Plan area. Environmental performance standards were developed from these environmental studies along with information from the City of Milpitas General Plan.

All environmental performance standards shall be implemented in accordance with the Specific Plan's environmental performance standards and implementation process as outlined in Table XI-10-11.07-6, Milpitas Commercial Specific Plan Environmental Performance Standards. The developer of the Specific Plan area shall bear all costs of implementing the environmental performance standards.

Table XI-10-11.07-6 - Milpitas Commercial Specific Plan Environmental Performance Standards Environmental Performance
Standards
Method of
Verification
Timing of
Verification
Responsible for
Verification
Verification
of
Completion
Date Initial

1. Aesthetics, Light, and Glare
AES-1a: Prior to issuance of
building permits, the
developer shall prepare and
submit a sign program to the
Approval of
plans
Prior to
issuance of
City of Milpitas
Planning
Department

City of Milpitas for review
and approval. The sign
program shall demonstrate
compliance with the
applicable requirements with
Milpitas Municipal Code Title
XI, Chapter 30. The approved
sign program shall be
implemented into the proposed
project.
building
permits
AES-1b: Prior to issuance of
grading or building permits,
whichever comes first, the
developer shall obtain a tree
removal permit from the City
of Milpitas for any trees slated
for removal with a trunk
circumference of 37 inches or
more measured at 4.5 feet
above ground level.

Replacement of such trees
shall be performed in
accordance with the
requirements of the Tree
Maintenance and Protection
Ordinance. Removed trees that
are not covered by the Tree
Maintenance and Protection
Ordinance (i.e., less than 37
inches in circumference at 4.5
feet above ground level) shall
be replaced onsite with a
similar tree species at no less
than a 1:1 ratio. All
replacement trees shall be
planted prior to the issuance of
the final certificate of
occupancy.

Issuance of
permit; Site
inspection
Prior to
issuance of
grading or
building
permits
(whichever
comes first);
Prior to
issuance of the
final certificate
of occupancy
City of Milpitas
Planning
Department and
Public Works
Department
AES-1c: Prior to issuance of
the final certificate of
occupancy, the developer shall
do one of the following: 1)
permanently remove all
shipping containers from the
project site; or 2) obtain a
minor Site Development
Permit Approval and install
screening measures in
accordance with Zoning
Site inspection Prior to
issuance of the
final certificate
of occupancy
City of Milpitas
Planning
Department

Ordinance requirements. If the
second option is pursued,
outdoor storage of containers
shall occur in a completely
enclosed building or behind a
visually obscure solid wall or
tight board fence a minimum 6
feet in height and outside any
front or street side yard
setback area.

AES-2: Prior issuance
building permits, the
developer shall ensure that all
exterior lighting fixtures
associated with the existing
retail building (building-
mounted and freestanding) are
shielded, recessed, or directed
downward to prevent
unwanted illumination of
neighboring properties.

Approval of
plans
Prior issuance
building
permits
City of Milpitas
Planning
Department

2. Air Quality
AIR-3: The following
measures shall be
implemented during all
construction activities:

Site inspection During
construction
activities
City of Milpitas
Office of
Building
SafetyBuilding
Safety and
Housing
Department
• Water all active construction
areas and exposed surfaces
(e.g., parking areas, staging
areas, soil piles, graded areas,
and unpaved access roads) at
least two times per day.
• Cover all trucks hauling soil,
sand, and other loose materials
or require all trucks to
maintain at least 2 feet of
freeboard.
• Pave, apply water three
times daily, or apply (non-
toxic) soil stabilizers on all
unpaved access roads, parking
areas and staging areas at
construction sites.

• Sweep daily (with water
sweepers) all paved access
roads, parking areas, and
staging areas at construction
sites.
• Sweep streets daily (with
water sweepers) if visible soil
material is carried onto
adjacent public streets.
• All vehicle speeds on
unpaved roads shall be limited
to 15 miles per hour.
• 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.
• Idling times shall be
minimized either by shutting
equipment off when not in use
or reducing the maximum
idling time to 5 minutes (as
required by the California
airborne toxics control
measure Title 13, Section
2485 of California Code of
Regulations). Clear signage
shall be provided for
construction workers at all
access points.
• All construction equipment
shall be maintained and
properly tuned in accordance
with manufacturer's
specifications. All equipment
shall be checked by a certified
mechanic and determined to
be running in proper condition
prior to operation.
• Post a publicly visible sign
with the telephone number and
person to contact at the City of
Milpitas regarding dust
complaints. This person shall

respond and take corrective
action within 48 hours. The
phone number of the Bay Area
Air Quality Management
District shall also be visible to
ensure compliance with
applicable regulations.

AIR-7a: The developer shall
use paving materials with
increased solar reflectivity in
areas where pavement is
replaced. Such materials shall
use light-colored aggregate or
other appropriate methods to
achieve high solar reflectivity.

The developer shall provide
construction details and
specifications that shall be
submitted with construction
drawings and installed with
improvements.

Approval of
plans and site
inspection
Prior to
issuance of
Building
Permit
City of Milpitas
Planning
Department
AIR-7b: Prior to issuance of
the final certificate of
occupancy, the developer shall
post signs in the loading docks
advising truck drivers to turn
off engines when not in use
and advising truck drivers of
state law prohibiting diesel
idling of more than 5 minutes.

Site inspection Prior to
issuance of the
final certificate
of occupancy
City of Milpitas
Planning
Department
AIR-7c: Prior to issuance of
the final certificate of
occupancy, the developer shall
do the following:

Approval of
plans; Site
inspection;
ongoing
Prior to
issuance of the
building
permit;
ongoing.

City of Milpitas
Planning
Department and
Office of
Building
SafetyBuilding
Safety and
Housing
Department
• Prior to building permit
issuance, a secondary closed
loop system shall be evaluated
and implemented, if found to
be technically and
economically feasible. Details
and specifications shall be

included with the construction
drawings.
• The developer shall
maintain the refrigeration
system at least once per year
to ensure that refrigerant leaks
remain minimal. The
maintenance records shall be
kept onsite for review by the
City of Milpitas.
• During installation of the
new refrigerators and freezers,
effort shall be made to reuse
the existing refrigerants in the
new system, unless the old
refrigerant is not the same type
as is proposed in the new
system or more leakage would
occur if the refrigerants are
reused.

AIR-7d: Prior to issuance of
the final certificate of
occupancy, the developer shall
provide the following
Transportation Demand
Management measures:

Site inspection Prior to
issuance of the
final certificate
of occupancy
City of Milpitas
Planning
Department
• Public transit information in
the employee breakroom.

Store management shall post
information such as Santa
Clara Valley Transportation
Authority bus and light rail
schedules, maps, and fares.
• Ride sharing information in
the employee breakroom.

Store management shall
facilitate ride sharing by
providing sign-up sheets or
other measures to allow
interested employees to
identify carpooling
opportunities.
• Bicycling information. Store
management shall post
information such as bicycle
route maps and information

about taking bikes on public
transportation.

AIR-7e: To reduce
construction related
greenhouse gas impacts, the
following measures are
required:

Submittal of
documentation
During
construction
activities
City of Milpitas
Planning
Department
• At least 15 percent of the
construction
vehicles/equipment shall be
fueled by an alternative source
such as biodiesel and/or
electric.
• At least 10 percent of all
building materials shall be
local (within 100 miles); and
• At least 50 percent of
construction and demolition
materials shall be recycled.

This latter provision shall be
coordinated with Mitigation
Measure PSU-6a.

3. Biological Resources
BIO-1: If vegetation removal
associated with development
of the property is to occur
during the nesting bird season
(February 15 through August
31), a qualified biologist shall
conduct a pre-construction
survey for nesting birds to
identify any potential nesting
activity. The pre-construction
surveys for nesting birds shall
be conducted within 14 days
prior to any construction-
related activities (grading,
ground clearing, etc.). If
nesting birds are identified on
the site, a 100-foot buffer shall
be maintained around the
nests; no construction-related
activities shall be permitted
within the 100-foot buffer. A
qualified biologist shall
monitor the nests, and
Submittal of
documentation;
Site inspection
Within 14 days
prior to any
construction-
related
activities
during the
nesting bird
season
(February 15
through August
31)
City of Milpitas
Planning
Department

construction activities may
commence within the buffer
area at the discretion and
presence of the biological
monitor. The pre-construction
survey for nesting birds shall
not be required if construction
activities occur outside of the
nesting bird season
(September 1 through
February 14).

4. Geology, Soils, and Seismicity
GEO-1a: Prior to issuance of
building permits, the
developer shall submit a
seismic hazards technical
study prepared by a qualified
geotechnical engineer to the
City of Milpitas for review
and approval. The report shall
be prepared in accordance
with the requirements of the
Seismic Hazards Mapping Act
and shall identify necessary
design measures to reduce
potential seismic ground
shaking impacts to acceptable
levels. The developer shall
incorporate the approved
design measures into the
project plans.

Approval of
plans
Prior to
issuance of
building
permits
City of Milpitas
Office of
Building
SafetyBuilding
Safety and
Housing
Department
GEO-1b: Prior to issuance of
building permits, the
developer shall submit a
design-level geotechnical
investigation to the City of
Milpitas for review and
approval. The design-level
investigation shall address the
potential for ground failure to
occur onsite and identify
abatement measures to reduce
the potential for such an event
to acceptable levels. The
abatement measures shall be
incorporated into the project
design.

Approval of
plans
Prior to
issuance of
building
permits
City of Milpitas
Office of
Building
SafetyBuilding
Safety and
Housing
Department

GEO-1c: Prior to issuance of
building permits, the
developer shall submit plans to
the City of Milpitas for review
and approval that demonstrate
that the proposed project is
designed in accordance with
all state and local seismic
safety requirements. Such
requirements shall include the
California Building Standards
Code and Milpitas Municipal
Code, Title II. The approved
plans shall be incorporated
into the project design.

Approval of
plans
Prior to
issuance of
building
permits
City of Milpitas
Office of
Building
SafetyBuilding
Safety and
Housing
Department
GEO-4: During grading and
construction, the developer
shall adhere to all applicable
recommendations for abating
expansive soil conditions
contained in the Geotechnical
Engineering Investigation or
comparable geotechnical
study. This includes the
excavation of expansive soils
and the subsequent
replacement of such soils with
non-expansive engineered fill.

Site inspection During grading
and
construction
City of Milpitas
Office of
Building
SafetyBuilding
Safety and
Housing
Department

5. Hydrology and Water Quality
HYD-1: Prior to the issuance
of grading permits for the
proposed project, the
developer shall prepare and
submit a Stormwater Pollution
Prevention Plan (SWPPP) to
the City of Milpitas that
identifies specific actions and
Best Management Practices
(BMPs) to prevent stormwater
pollution during construction
activities. The SWPPP shall
identify a practical sequence
for BMP implementation and
maintenance, site restoration,
contingency measures,
responsible parties, and
agency contacts. The SWPPP
shall include, but not be
Approval of
plan
Prior to the
issuance of
grading permits
City of Milpitas
Planning
Department and
Engineering
DepartmentPublic
Works
Department

limited to, the following
elements:
• Temporary erosion control
measures shall be employed
for disturbed areas.
• No disturbed surfaces shall
be left without erosion control
measures in place during the
winter and spring months.
• Sediment shall be retained
onsite by a system of sediment
basins, traps, or other
appropriate measures.
• The construction contractor
shall prepare Standard
Operating Procedures for the
handling of hazardous
materials on the construction
site to eliminate or reduce
discharge of materials to storm
drains.
• BMP performance and
effectiveness shall be
determined either by visual
means where applicable (e.g.,
observation of above-normal
sediment release), or by actual
water sampling in cases where
verification of contaminant
reduction or elimination (such
as inadvertent petroleum
release) is required by the
RWQCB to determine
adequacy of the measure.
• In the event of significant
construction delays or delays
in final landscape installation,
native grasses or other
appropriate vegetative cover
shall be established on the
construction site as soon as
possible after disturbance, as
an interim erosion control
measure throughout the wet
season.

HYD-2: Prior to the issuance
of building permits for the
proposed project, the
developer shall submit a
stormwater management plan
to the City of Milpitas for
review and approval. The
stormwater management plan
shall comply with the
requirements of Milpitas
Municipal Code Title XI,
Chapter 16 and identify
pollution prevention measures
and practices to prevent
polluted runoff from leaving
the project site. Examples of
stormwater pollution
prevention measures and
practices to be contained in the
plan include, but are not
limited to:

Approval of
plan
Prior to the
issuance of
building
permits
City of Milpitas
Planning
Department and
Engineering
DepartmentPublic
Works
Department
• Strategically placed
bioswales and landscaped
areas that promote percolation
of runoff
• Pervious pavement
• Roof drains that discharge to
landscaped areas
• Trash enclosures with screen
walls
• Stenciling on storm drains
• Curb cuts in parking areas to
allow runoff to enter
landscaped areas
• Rock-lined areas along
landscaped areas in parking
lots
• Catch basins
• Oil/water separators
• Regular sweeping of parking
areas and cleaning of storm
drainage facilities

• Employee training to inform
store personnel of stormwater
pollution prevention measures
The developer shall also
prepare and submit an
Operations and Maintenance
Agreement to the City
identifying procedures to
ensure that stormwater quality
control measures work
properly during operations.

6. Public Services and Utilities
PSU-3: Prior to building
permit issuance, the developer
shall include details and
specification in the
construction drawings and
install the following indoor
water conservation measures:

Approval of
plans
Prior to
issuance of the
final certificate
of occupancy
City of Milpitas
Planning
Department,
Office of
Building
SafetyBuilding
Safety and
Housing
Department and
Engineering
DepartmentPublic
Works
Department
• Low-flow or ultra-low-flow
toilets and urinals
• Sensor-activated faucets in
restrooms
PSU-6a: Prior to the
commencement of
construction activities, the
developer shall retain a
qualified contractor to perform
construction and demolition
debris recycling. The
developer shall provide
documentation to the
satisfaction of the City of
Milpitas demonstrating that
construction and demolition
debris was recycled.

Submittal of
documentation
Prior to
issuance of
building
permits
City of Milpitas
Planning
Department
PSU-6b: Prior to building
permit issuance, the developer
shall show onsite facilities
Approval of
plans; Site
inspection
Prior to
issuance of
City of Milpitas
Planning
Department

necessary to collect and store
recyclable materials. The
facilities shall include
receptacles in public spaces
that are of high-quality design
and identify accepted
materials.
building
permits

7. Transportation
TRANS-1a: Prior to the
issuance of building permits,
the developer shall provide
fair-share fees to the City of
Milpitas for improvements to
the Dixon Landing Road/N.

Milpitas Boulevard
intersection and the widening
of Dixon Landing Road in the
amount of $31,960 ($3,000 for
the intersection improvement
and $28,960 for the roadway
widening). The fees will go
towards the following
intersection improvements: 1)
modifying the signal operation
to include a southbound right-
turn overlap and subsequent
signal timing optimization or
2) adding a northbound left
turn lane, a southbound right-
turn lane, and eastbound left-
turn and right-turn lanes. The
widening shall consist of
adding an additional lane in
each direction between I-880
and N. Milpitas Boulevard.

Both improvements are
identified in the Valley
Transportation Plan 2035.

Receipt of fees Prior to the
issuance of
building
permits
City of Milpitas
Planning
Department
TRANS-1b: Prior to the
issuance of final certificate of
occupancy, the developer shall
provide the City of Milpitas
the full cost of signal timing
modifications at the N.

McCarthy Boulevard/Ranch
Drive (south) intersection in
the estimated amount of
$2,500 dollars. The
Receipt of fees Prior to the
issuance of
final certificate
of occupancy
City of Milpitas
Planning
Department

modifications shall consist of
re-timing the signal to increase
the current cycle length. This
mitigation measure shall not
apply if the signal timing is
modified prior to the
developer seeking the final
certificate of occupancy.

TRANS-3: Prior to issuance of
building permits, the
developer shall provide a
traffic management fee in the
amount of $180,000 to the
City of Milpitas. The fees shall
be used for circulation and
traffic operation improvements
within the City of Milpitas,
including signal coordination
and intersection
improvements. Specific
improvements that shall be
fully funded by funds
collected shall include:

Receipt of fees Prior to
issuance of
building
permits
City of Milpitas
Planning
Department
• McCarthy
Boulevard/Technology Drive:

The eastbound approach shall
be re-striped to provide two
left-turn lanes and one shared
through/right lane.
• McCarthy Boulevard/SR-
237 Westbound Ramps: An
additional westbound right-
turn lane shall be constructed
to provide two left-turn lanes,
two through lanes, and two
right-turn lanes for the
westbound approach.
• Ranch Drive: The roadway
shall be restriped to extend the
existing two-way left-turn lane
from the northern driveway of
the existing retail building to
the end of the existing
westbound left-turn lane at the
McCarthy Boulevard/Ranch
Drive (North) intersection.

TRANS-5: Prior to issuance of
building permits, the
developer shall prepare and
submit a site plan to the City
of Milpitas that demonstrates
that off-street parking is
provided onsite complies with
the Milpitas Municipal Code
Parking Regulations and
Development Standards. The
approved site plan shall be
incorporated into the proposed
project.

Approval of
plan
(Note: Project
plans
submitted
comply with
the City's off-
street parking
requirements)
Prior to
issuance of
building
permits
City of Milpitas
Planning
Department
TRANS-8: Prior to building
permit issuance, the developer
shall provide details and
specifications for bicycle
storage facilities on the
construction drawings and
install prior to occupancy.

Bicycle storage facilities shall
consist of at least one rack
located in a visible and
convenient location (e.g., near
the store entrance) and that
provides storage equivalent to
2 percent of the proposed
project's minimum parking
requirement.

Approval of
plans; Site
inspection
Prior to
issuance of the
final certificate
of occupancy
City of Milpitas
Planning
Department
TRANS-9: Prior to
commencement of
construction activities, the
developer shall submit a
Construction Traffic Control
Plan to the City of Milpitas for
review and approval. The plan
shall identify the timing and
routing of all major
construction equipment and
materials deliveries to avoid
potential traffic congestion
and delays on the local street
network and the McCarthy
Ranch Marketplace, and to
encourage the use of I-880 and
SR-237. If necessary,
construction equipment and
materials deliveries shall be
limited to off-peak hours (e.g.,
Approval of
plan
Prior to
commencement
of construction
activities
City of Milpitas
Planning
Department

mornings or evenings) to
avoid conflicts with local
traffic circulation. The plan
shall also identify suitable
locations for construction
worker parking.

XI-10-13.07 Manufactured Homes
A. Purpose and Intent. This Section provides standards and procedures for individual manufactured homes on individual lots in residential zones. These standards are provided to ensure the compatibility of manufactured homes with other surrounding permitted uses, create a safe and desirable living environment for manufactured home residences, and address land use compatibility.

B. Applicability and Review Requirements. A single manufactured home may be permitted on lots zoned for single-family dwellings where it has been determined the lot and structure are compatible:

1. In districts where site plan and architectural review is not generally required for single-family dwellings, the site plan and architectural review process shall be utilized to initially determine if a lot and structure is compatible for a manufactured home. Compatibility of a lot and structure shall be determined by such factors as height, bulk and character of other structures in the neighborhood. If a lot and structure is determined to be compatible, site plan and architectural review is limited only to specifying roof overhang, roofing material and siding material based on the following standards.

C. Development Standards. The following development standards shall be applicable to the establishment of manufactured homes as single-family dwellings in the R1 District:

1. Manufactured homes and any garages, carports, and other structures attached thereto, must conform to all regulations for single-family dwellings applicable to the zone.

2. Manufactured homes must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974.

3. Manufactured homes must be attached to a permanent engineered perimeter foundation system approved by the Chief Building OfficialBuilding Official and pursuant to Section 18551 of the State Health and Safety Code.

4. Manufactured homes must be covered with stucco and/or wood siding or an exterior material commonly found on new conventionally erected single-family dwellings in the surrounding area.

5. The roofing material must be wood or composition shingles or other materials commonly found on conventionally erected single-family dwellings in the surrounding area. The roof must have a minimum pitch with respect to roofing material in accordance with the City of Milpitas Building Code.

6. The roof must have eave and gable overhangs of not less than eighteen (18) inches measured horizontally from the vertical side of the mobile home. The overhang must be constructed with materials commonly found on conventionally erected single-family dwellings in the surrounding area and must be at the same slope and be covered with the same roofing material as the roof itself.

7. The exterior covering and roofing materials of the garage, carport, or any other structure attached to the manufactured home must be the same as for the manufactured home.

8. As used in this Section, "commonly found" means an architectural feature or construction material that occurs or appears frequently on conventionally erected single-family dwellings within five hundred (500) feet of the boundaries of the lot or parcel on which a manufactured home is proposed.

XI-10-13.14 Emergency Shelters.

A. Purpose and Intent. The purpose of this Section is to comply with California Government Code Section 65583(a)(4), as may be amended, which requires that emergency shelters be permitted by- right in at least one zone with sufficient capacity to accommodate the local need for emergency shelter.

B. Applicability. Standards for Emergency Shelters contained in this Section shall apply to all Emergency Shelters where permitted by this Chapter.

C. Minimum Standards.

1. A management plan shall be submitted to the City Planning Division for review and approval prior to issuance of an occupancy permit. Management plans shall be resubmitted to City Planning Division on an annual basis for review and approval.

2. The number of beds for each Emergency Shelter shall be limited to thirty (30).

3. Parking requirements shall be either one space per three hundred (300) square feet of habitable floor area, or sufficient to serve the parking demand determined in a study prepared by the applicant and approved by the Planning Division.

4. The size of outdoor waiting areas on private property shall be sufficient to accommodate the expected number of clients without infringing upon the public right-of-way.

5. Onsite management shall be provided during the hours that the emergency shelter is in operation.

6. An emergency shelter shall not be located within 300 feet of other emergency shelters.

7. The length of stay for each individual at any emergency shelter shall not exceed 90 days, unless the management plan approved by City provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

8. Exterior lighting of the property shall be designed to provide a minimum maintained horizontal illumination of at least one foot candle of light on parking surfaces and walkways that serve the facility. Illumination shall not extend across property lines to an adjacent property.

9. Security shall be provided during the hours that the emergency shelter is in operation. Security plans shall be submitted to City staff for review and approval prior to issuance of an occupancy permit. Security plans shall be resubmitted to City staff on an annual basis for review and approval.

D. Additional Standards. The Director of Planning may adopt additional written objective minimum standards consistent with California Government Code Section 65583(a)(4)(A), as may be amended.

Any such administrative standards adopted by the Director of Planning and Neighborhood Services shall be published on the Planning Division's website.

XI-10-63.03 Declaration of Public Nuisance

1. General. The use of any land, building or other structure hereafter established or conducted or the present use of any land, building or other structure hereafter extended or enlarged or the erection, construction, moving, conversion, remodeling or alteration of any building or other structure

contrary to the provisions of this Chapter shall be and the same is hereby declared to be a public nuisance, and the Attorney for the City of Milpitas shall, upon order of the City Council, immediately commence action or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law.

2. Signs. Any sign or structure erected, constructed, maintained, marked, posted, pasted, painted, printed, altered or repaired in violation of the provisions of the Chapter or after a permit or variance therefore has been revoked or expired is hereby found and declared to be a public nuisance subject to abatement and lien for recovery of abatement costs.
a. Without limitation to the generality of the foregoing, any sign or structure erected, constructed, maintained, marked, posted, pasted, painted, altered or repaired:
i. So as to be unsafe and so as to constitute an immediate peril to persons or property; or ii. Upon public property without written permission of the Planning Division Department or City Manager of the City of Milpitas.

XI-500-6.00 Acceptance by Director
The Community DevelopmentPlanning Director may accept an easement as described in this part on behalf of the City when such an easement is required as a condition of a land use approval, permit or designation pursuant to this Title.

XI-500-7.00 Recordation
The covenant of easement shall be recorded in the county recorder's office. A copy of the recorded document shall be provided to the Community DevelopmentPlanning Director.

XI-500-11.00 Petition for Release
A petition for release of a covenant of easement may be made by any person whether or not that person has title to the real property, and shall be filed in writing with the Community DevelopmentPlanning Director on a form furnished by the Director. The form of the petition and the information required to be set forth in them shall be prescribed by the Director. The Director shall not accept any such petition for filing unless:

A. All information and data is set forth and shown as required by the form; B. The petition is verified by the party making the petition; and C. The filing fee required by Section XI-500-12.00 has been paid.

XI-500-13.00 Hearing by Planning Commission
A. Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the Planning Community Development Director, said director shall, subject to the rules of the Planning Commission as to the hour and place of public hearings which shall be conducted by it, set a date for the public hearing which shall be held thereon by the Planning Commission. Said date of hearing shall be not less than twenty nor more than sixty days after the date such application was accepted as complete by the Director.

B. The Director shall provide a report and recommendation to the commission. In addition thereto, the director shall file with the commission at its hearing all papers, documents, and exhibits which are part of the file. Within a reasonable time after the commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The Commission may decide to grant the petition, conditionally grant the petition or deny the petition.

XI-500-14.00 Appeal to City Council
Any action taken by the Planning Commission under this part may be appealed to the City Council by filing with the City Clerk a written notice of appeal within twelve (12) calendar days after a copy of the decision of the Planning Commission. The applicant, or any person, may file such a notice of appeal.

The notice of appeal shall be filed on a form furnished by the Community DevelopmentPlanning Director, and the information and data required to be set forth in such notice shall be as prescribed by the Director.

A. The Council shall hold at least one public hearing on the matter. The hearing of the council shall be de novo. The City Clerk shall set the date of the first public hearing by the Council, which date shall not be less than ten nor more than sixty days after the date on which the day of the application and the notice of appeal were filed with the City Clerk. Within a reasonable time after the Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.

B. The decision of the Council shall be final.

XI-500-17.00 Release to be Recorded
Within fifteen days after the action of the Planning Commission or the City Council in granting a petition for release has become final, the Community Development Planning Director shall cause the release to be recorded in the office of the recorder for the County of Santa Clara.

Chapters 1 and 2 of Title XII of the Milpitas Municipal Code are hereby amended as follows:

XII-1-3.04 Design and distribution of affordable units
Affordable units shall meet the following requirements:

1. The bedroom mix of the affordable units should be proportionate to the bedroom mix of market rate units, provided that the City may allow a different unit mix to meet other City goals as determined by the City Council.

2. The square footage of the affordable housing units must be reasonably consistent with the market rate units in the development although smaller unit sizes may be allowed by the Director or Building Safety and HousingCity Manager if the developer provides adequate justification and reasons why the provision of small unit sizes would further the City's housing goals and this Chapter.

3. All affordable units shall be reasonably comparable in terms of floor plan and base finish amenities to market rate units in the proposed development.

4. The quality of the exterior design, landscaping, and construction of the affordable units shall be consistent with the other units in the proposed development. When affordable units are built off-site they shall be of equivalent or of higher quality compared with the market rate units.

5. Affordable units shall have the same access to common entrances from the exterior as market rate units.

6. Affordable units shall have the same access to all project amenities and recreational facilities available to market rate units. Off-site projects shall have convenient access to equivalent project amenities and recreational facilities compared to the market rate units.

7. All affordable units shall be reasonably dispersed throughout the project and for residential structures higher than eight stories, the affordable units shall be evenly distributed throughout the bottom 60% of the floors or higher.

XII-1-4.00 Payment of fees in lieu of creation of affordable units Upon request of the applicant and subject to the requirements of this Section 4 as set forth above, the City Council may permit the applicant to pay a fee in lieu of constructing the affordable units that the applicant would otherwise be required to construct pursuant to this Chapter. In-lieu fees shall also be paid for requirements to construct fractional units of less than 0.5 units as set forth in Section XII-1-3.00. The City shall adopt, by resolution, current affordable housing in-lieu fee levels as well as administrative guidelines necessary for the implementation of this Chapter.

Fees paid in-lieu of constructing affordable units must be paid prior to the issuance of the building permit for the project, and fees shall be deposited into the City's Affordable Housing Fund. The in-lieu fee shall be calculated based on the gross square footage constructed for each new residential use, taking into account any fee credits that would be applicable based on existing building area. While accessory dwelling units are not counted towards either calculating or meeting the 15% on-site affordable housing requirement pursuant to Section XII-1-3.00, any payment of in-lieu fees must be based on the total gross square footage of all dwelling units developed as part of the project, including any accessory dwelling units.

Unless otherwise specified by resolution of the City Council or amendment to this Chapter, every July 1, or the following business day, if applicable, the City will adjust the affordable housing fees for inflation using the Engineering News Record Building Cost Index for San Francisco. If this index ceases to exist, the Director of Building Safety and HousingCity Manager shall substitute another construction cost index, which in his/her judgment is as nearly equivalent to the original index as possible.

XII-1-5.01 Applicability
Any non-residential development, applicable under the definition set forth in Section XII-1-2.05, is subject to payment of a non-residential affordable housing impact fee. The City shall adopt, by resolution, current non-residential affordable housing impact fee levels. Every July 1, or the following business day, if applicable, the City will adjust affordable housing fees for inflation annually using the Engineering News Record Building Cost Index for San Francisco. If this index ceases to exist, the Director of Building Safety and HousingCity Manager shall substitute another construction cost index, which in his/her judgment is as nearly equivalent to the original index as possible.

The applicant shall pay the non-residential impact fees prior to issuance of the building permit.

Applicable fees will be determined at time of payment. All payment of fees made to the City under this Chapter shall be deposited into the City Affordable Housing Fund.

XII-2-2.04
"Director" means the City's Director of Building and Housing, who is the person designated by the City Manager to direct and manage the rent review program. Any duty required of the director may be delegated to a third party by the director and any service required to be performed by the director may be provided by a designated service provider as authorized by the director.

XII-2-4.01
The notice of availability of rent review shall be provided in English and the most commonly used languages within the City as determined by the director based upon the American Community Survey, the most recent census or other reputable source data and shall read as follows:

NOTICE:

Under California Civil Code Section 827(b), a Landlord must provide a Tenant with 30 days' notice prior to a rent increase of 10 percent (10%) or less and 60 days' notice of a rent increase greater than 10 percent (10%). In addition, Chapter 2 of Title XII of the Milpitas Municipal Code requires that a

Landlord must at the same time provide and serve this written notice of the City's Rent Review Program. This program provides a procedure for Landlords and Tenants to meet to discuss issues related to rent increases. Information about this program and a copy of Chapter 2 of Title XII are available on the City's website at www.ci.milpitas.ca.gov, at City Hall located at 455 E, Calaveras Blvd. in Milpitas, California, the Milpitas Public Library located at 160 N, Main St. in Milpitas, California, and other locations designated by the City's Director of Building SafetyCity Manager and Housing. Copies are also available in English and the most commonly used languages within the City as determined by the Director of Building Safety and HousingCity Manager.

You are encouraged to contact the owner or manager of your rental unit whose name is _______ (landlord to insert the name of the Responsible Party) at _______ (landlord to insert email address and telephone number) to discuss this rent increase for your rental unit.

In addition if you have received notice of a rent increase of more than five percent (5%) in the last 12 months, you are also entitled to review by the City's Rent Review Board. To initiate the rent review process, you must request rent review by contacting the Department of Building Safety and HousingCity Manager (landlords will be advised of the name and contact information for the service provider designated by the director that is to be inserted in this notice) within 15 days of the date of the notice of rent increase. Your Landlord will be notified of your request and you will be contacted by a housing professional to discuss the rent increase. Please note that petitioning for rent review does not guarantee a reduction in the rent increase.

At the hearing, the Rent Review Board will make a decision concerning the rent increase. You and your Landlord may agree to accept the Board's decision, The Rent Review Board's decision as to the rent increase is non-binding on you and your Landlord.

Under California Civil Code Section 1942.5 and Chapter 2 of Title XII of the City's Municipal Code, it is illegal for a Landlord to retaliate against a Tenant for lawfully exercising his or her legal rights.

SECTION 3. CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The City Council finds and determines that the adoption of this ordinance is not a project and is not subject to CEQA review because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change, particularly in that it does not alter the use of land or does a most does not do so inconsistently with uses already authorized, prohibited, or regulated by law. (Cal. Code Regs., tit. 14, § 15378.) This ordinance also is not a project because it amounts to general policy and procedure making that does not relate to the enactment or amendment of zoning ordinances or the other activities identified as potential “projects.” (Cal. Code Regs., tit. 14, § 15378(b)(2).) Furthermore, even if considered a project, this amending ordinance is categorically exempt from CEQA review in that it comprises of non-land use regulations or at most minor alterations in land use limitations that do not result in any changes in land use or density (Cal. Code Regs., tit. 14, § 15305, 15378(a)(1)) and by common sense can be seen with certainly that there is no possibility that the activity in question may have a significant effect on the environment particularly in consideration of the activities already permitted, prohibited, or regulated by law (Cal. Code Regs., tit. 14, § 15061(b)(3)). This amending ordinance is also exempt because it does not affect development density established by existing zoning and the City’s General Plan, for which an Environmental Impact Report was already certified, and does not have any project- specific significant environmental effects peculiar to the project or any site. (Cal. Code Regs., tit. 14, § 15183.)
SECTION 4. SEVERABILITY

The provisions of this Ordinance are separable, 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.