Agenda packet — Milpitas City Council, April 15, 2025 (part 7 of 10)

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Map 2: Zoning Map

BACKGROUND
On November 7, 2023, the City of Milpitas City Council approved a development consisting of 131 townhome condominium residential units, up to 51-feet in height, a 75-unit residential apartment building, up to 77 feet, four inches in height, for a total of 206 residential units (1355 California Circle Project) submitted by Pulte Homes (applicant). The development also included a 0.32-acre internal park and associated site improvements on a 6.7-acre site at 1355 California Circle.

The applicant has applied to modify the apartment building’s external and internal design, unit mix, and is requesting additional density bonus waivers within the 1355 California Circle Project, which require both Planning Commission review and City Council approval.

PROJECT DESCRIPTION
Pulte Homes has submitted a Site Development Permit (SDP) Amendment and Density Bonus application to modify the 75-residential unit apartment building within the 1355 California Circle Project. The apartment building was previously approved to include the following features:
• A L-shaped apartment building with a contemporary architectural design that includes shades of white, blue, beige, and light and dark grays exteriors. • Approximately 77 feet and four inches (six-stories) in height. • A unit mix that includes 16 studios, 40 one-bedroom units, and 19 two-bedroom units (totaling 75 units) ranging in size from between 411 to 840 square feet.

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• 85 parking spaces (1.13 stalls per residential unit and 1.01 stalls per bedroom). • 31 residential units designated to low-income (51-80 percent Area Median Income) individuals or households.
• 44 residential units designated to moderate-income individuals or households. • Two outdoor amenity areas (one in the front and one in the rear of the building).

The proposed apartment building will incorporate many of the same features as the previously approved building, with the following modifications:
• A U-shaped modern architectural design that includes shades of blue, white, and light gray exteriors
• Approximately 65 feet (five-stories) in height.
• A unit mix that includes 30 one-bedroom units, 21 two-bedroom units, and 24 threebedrooms units (totaling 75 units) ranging in size from between 600 to 1,043 square feet. • 86 parking spaces (1.13 stalls per residential unit and 0.59 stalls per bedroom) • All 75 residential units designated to either low or very low (31-50 percent Area Median Income) income individuals or households.
• Two outdoor amenity areas (one in the front above the first floor and one in the center of the building).

The proposed amendment is eligible for certain concessions, waivers, and parking incentives under State Density Bonus Law (Gov. Code § 65915 et seq.) because more than ten percent (10%) of the total units will be reserved for lower-income households. The “Project Analysis” section of this staff report includes a full discussion of the State Density Bonus provisions related to this Project.

Table 1 below summarize the land use designation and surrounding uses of nearby properties:

Table 1: Surrounding Zoning and Land Uses
General Plan Zoning Existing Uses
Subject
Site
Neighborhood
Commercial Mixed
Use (NCMU)
Mixed Use (MXD) Vacant
North
Neighborhood
Commercial Mixed
Use (NCMU)
Industrial Park (MP) Wholesale
Furniture
South
Neighborhood
Commercial Mixed
Use (NCMU)
Mixed Use (MXD) Vacant
East
Neighborhood
Commercial Mixed
Use (NCMU)
Industrial Park (MP) Place of Assembly
West N/A N/A Interstate 880

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

General Plan Conformance
The Project is consistent with General Plan policies, as demonstrated within Table 2.

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

Consistent. The development includes a total
of 206 new housing units, with 75 of those
units within the previously approved
apartment building. All 75 units would be
rental units and offered at a below-market rate.

The Project Applicant would allow Milpitas
Unified School District Employees (MUSD)
first right of refusal for the 75 apartment units,
consistent with City policy to provide a variety
of housing types for individuals and families
of all types of income.

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

Consistent. Approving the proposed
apartment modification would not impact the
investment into pedestrian, bicycle and transit
access. The developer has designed the project
to maintain the existing sidewalks and develop
interior walkways to support pedestrian travel.

Bicycle parking will also be developed and
bicycle storage areas have been identified in
the modified apartment building. Lastly, a
pedestrian crosswalk across California Circle
will remain, providing pedestrian access to
nearby walking trails and a future public park
within the new development.

Policy LU 2-3: Allow densities and intensities
which exceed the generally allowed ranges
defined by the underlying land use for
projects utilizing Density Bonus provisions
(included within the Milpitas Affordable
Housing Ordinance Title XII - HOUSING
Chapter 1 - AFFORDABLE HOUSING
ORDINANCE) including bonuses for senior
housing, affordable housing, and for projects
within designated overlay districts included
Consistent. The apartment modification
includes a proposal to provide all 75 residential
units to either low or very-low-income
individuals or families, consistent with the GP
policy to support density bonuses for
affordable housing.

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Policy Conformance
in Milpitas Municipal Code Section 12 -
Overlay Districts and Standards
Zoning Conformance
The proposed apartment modification is consistent with most of the Mixed-Use Zoning (MXD) District development standards, as demonstrated in Table 4. Where conformance cannot be found, the applicant has requested waivers as permitted per State Density Bonus Law, for certain affordable housing projects.

Table 3: Summary of MXD Development Standards
Development
Standard
(MXD)
Minimum Required Proposed Conformance
Density 21-30 du/ac

30.8 du/acre (for the 6.7-
acre site, as contemplated
for the entire project)
Yes, with
Density Bonus
Front Yard
Setback
(east)
Minimum of 8 feet and a
maximum of 15 feet from
back of sidewalk.
4 feet, 9 inches to 13 feet, 7
inches
Yes, with
Density Bonus
Waiver
Side Yard
Setback
(north)
10 feet 14 feet, 6 inches Yes
Side Yard
Setback
(south)
10 feet 4 feet, 5 inches
Yes, with
Density Bonus
Waiver
Rear Yard
Setback
(west)
10 feet 11 feet Yes

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Development
Standard
(MXD)
Minimum Required Proposed Conformance
Height 3 stories and 45 feet ~65 feet
Yes, with
Density Bonus
Waiver
Landscaping
All required front and street
setback areas shall be
landscaped or paved to
allow for outdoor seating,
display or goods, or street
furniture
All required front and
street setback areas are
landscaped or paved
Yes
Parking
1 bedroom: 1.5 per unit
(45 spaces)
2-3 bedrooms: 2 per unit
(90 spaces)
Guest: Projects with parking
structures: 15 percent of the
total required.
(20 spaces)
Total – 155 spaces
86 spaces
Yes, with
Density Bonus
Parking
Reduction
Incentive
Bicycle
Parking
5 percent of the total
required
Total: 8
8 Yes
State Density Bonus Law
State Density Bonus Law (Gov. Code § 65915 et seq.) incentivizes affordable housing by offering developers certain benefits. According to State Density Bonus Law (SDBL), developers that reserve “at least 10 percent of the housing units restricted to lower income residents” are entitled to waivers, concessions, and incentives (which include parking reductions).The city cannot deny a waiver, concession, or incentive unless it can demonstrate the exception will not result in an identifiable cost reduction for the project, have a specific adverse impact upon public health and safety (per Section 50052.5 of the California Health and Safety Code), would be prohibited by CEQA (Pub. Resources Code, § 21000 et seq.), or otherwise be contrary to state or federal law.

Since the 1355 California Circle Project reserved more than 10 percent of the total housing units to low-income households, the applicant was entitled to waivers and three concessions under SDBL. The applicant requested (and obtained approval) for the following waivers and concessions in 2023 from the Milpitas Municipal Code (MMC).

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1. Density Bonus: The applicant is permitted to develop more dwelling units than the zoning standard allows.

2. Front Setback: The applicant is permitted to have an approximately 19-foot front setback when a maximum front setback of 15-feet is required.

3. Building Height: The applicant is permitted to develop the townhomes and apartment building over the 3 stories, 45 feet height limit is required.

4. Parking Reduction Incentive: The applicant is permitted to provide 85 parking space for the apartment building when 140 parking spaces were required.

5. Additional Parking Waiver: The applicant is permitted to provide 46 guest vehicle parking spaces for the townhomes and apartment when 52.4 vehicle parking spaces were required.

As previously discussed, the proposed project will not affect the total number of affordable units previously approved, therefore the project is still entitled to additional waivers and the remaining concessions.

Table 4 outlines the modified waivers, new waivers, and parking reduction requested by the applicant for City Council’s consideration.

Table 4: State Density Bonus – Waivers, Concessions, and Incentives Type of
Modification Standard Applicant Request Justification
Waiver
Previously
Requested
Discretion
Waiver for
Front
Setback
Minimum
8 feet,
Maximum
15 feet
4 feet, 9
inches to
13 feet, 7
inches
A lesser front
yard setback
provides the
developer
greater floor
area to increase
affordable
units on-site.

Yes
This waiver is
allowed under
State Density
Bonus.

Waiver for
Side Setback
10 feet 4 feet, 5
inches
The reduced
side setback is
needed to
comply with
Fire
requirements
for adequate
space to
maneuver
aerial
apparatus
along the
No
This waiver is
allowed under
State Density
Bonus Law.

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Type of
Modification Standard Applicant Request Justification
Waiver
Previously
Requested
Discretion
northern
property line.

Waiver for
Building
Height
3 stories
and 45 feet 5 stories
and 65
feet
A greater
height provides
the developer
more floor area
to increase
affordable
units on-site.

Yes
This waiver is
allowed under
State Density
Bonus Law.

Parking
Reduction
Incentive
155 spaces
(Pursuant
to MMC
Section XI10-53.09)
86 spaces State Density
Bonus Law
dictates
minimum
parking
standards for
qualifying
affordable
housing
developments.

Yes
This parking
reduction is
allowed under
State Density
Bonus Law.

There are three waivers and one parking incentive that has been requested under SDBL. The applicant has provided a project narrative stating why the concession, waivers, and incentives are appropriate.

The waiver for the front setback, building height, and parking incentive were previously approved by City Council. The new waiver request is associated with the side setback. The applicant states “an aerial apparatus access roadway is required by the Fire Department to serve the building, because it must be within 30’ of the exterior residential wall. Waiver of this side yard setback allows for the building to be within the 30’ range for fire. Due to fire requirements, not granting this side yard setback would preclude the construction of the development of affordable units.” Planning staff agree that the waiver is valid, because not allowing it may adversely impact public health and safety.

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Architectural Design
The previously approved apartment building was a six-story, L-shaped contemporary structure with a distinctive façade combining different colors and materials, including three main architectural volumes with varying heights and setbacks and a dark grey, light grey and white color palette and black vinyl windows. The ground floor base podium was made of concrete material and includes large windows and street-level access. The window patterns were maintained vertically, providing an aesthetic consistency that complimented the structure. Figure 1 is a rendering of the previously approved apartment building and Figure 2 is the first floor site plan.

Figure 1 – Previously Approved Apartment Building - Rendering Figure 2 – Previously Approved Apartment Building – Site Plan

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The proposed apartment building has a subtlety different design focus. The five-story modern design is in more of a U-shaped design with sea-green/blue panels with white trim around the vinyl windows. The central white vertical element includes wood-look accents that create visual interest and assist in breaking up the front façade. The subtle roofline variations add architectural interest, but do not mimic the substantial roofline changes of the previously approved apartment. Like the previously approved apartment building, the new design incorporates a base podium. The difference between the previously approved building and the new one is the materials proposed for the podium. The new design includes a brick veneer and large storefront windows. In summary, the overall design provides clean lines and simple geometric forms to create a modern appearance, consistent with the proposed townhomes being built to the south. Furthermore, the new apartment building design has less articulation which lowers costs and makes this project more financially feasible. Figure 3 is a rendering of the new proposed apartment building and Figure 4 is the proposed first floor site plan.

Figure 3 – Proposed Apartment Building - Rendering

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Figure 4 – Proposed Apartment Building – Site Plan
Affordable Housing Ordinance
According to Milpitas Municipal Code (MMC) Section XII-1-3.00 (Affordable Housing), an applicant must reserve 15 percent of the total number of dwelling units as affordable units. Per the AHO, the affordable units need to be “reasonably dispersed” and “reasonably consistent” with the market rate units. Table 5 demonstrates the objective requirements to meet the AHO standards for the 1355 California Circle Project.

Table 5: AHO Requirements
Unit Type Units
Developed
AHO
Requirement
Units
Required
Townhome 131 15 percent 19.65
Apartment 75 15 percent 11.25
At the November 7, 2023, City Council meeting, the applicant presented an alternative method of meeting the intent of the AHO, known as an “Affordable Housing Ordinance Exception.” The applicant proposed reserving 31 apartment units for lower-income households, meeting the 15 percent requirement of the total number of dwelling units. The applicant also proposed reserving the remaining 44 apartment units for moderate-income households, bringing the approved projects total Below Market Rate (BMR) contribution to 36.4 percent. Furthermore, the applicant committed to working with Milpitas Unified School District (MUSD) to provide housing

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opportunities for their employees that meet the income qualifications. The reservation of more units was proposed in consideration of reserving both townhome and apartment affordable units.

The City Council approved the AHO exception.

The proposed SDP amendment and Density Bonus Permit will not change the conditions of the previous approved project. The only difference is that instead of reserving 15 percent of the total units for low-income households, 36.4 percent of the total units will be reserved for either low or very low-income households, significantly increasing the opportunities to provide housing for all income levels. The applicant is requesting the City Council agree to again, approve the AHO exception, based on the findings in the staff report and resolution.

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

Site Development Amendment Permit
To qualify for a Site Development Amendment Permit, the following standards must be met pursuant to Section XI-10-57.03(F)(1)

1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

The 1355 California Circle Project consists of 131 townhome condominium units and 75 apartment units and associated site amenities on a 6.7-acre site. The proposed modification of the apartment building structure within the 1355 California Circle Project will remain compatible with the townhome condominium design. The previously approved townhome and redesigned apartment building will incorporate contemporary architectural features consistent with residential structures along California Circle. The modified apartment building height will be approximately 65 feet, consistent with the approximately 40 feet tall townhome structures in the immediate area. The modified apartment building maintains a strong relationship to the street in that its primary entrance is oriented toward the street.

The building’s design features exterior plaster walls, vinyl windows, accented with brick veneer along the ground floor, along with an aluminum storefront system to create an aesthetically harmonious development.

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

The proposed modification is generally consistent with the Milpitas Zoning Ordinance and MXD zoning standards, as demonstrated in Table 4. The proposed multi-family residential building is permitted in the MXD zoning district. The project design conforms to the site and development standards of the MXD zone. The apartment modification also conforms with MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). Where exceptions from the MXD standards are needed, the applicant has requested waivers and parking exceptions pursuant to the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and parking exception will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified zoning standard.

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

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

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

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

The previously approved development includes 131 townhome condominiums and 75 apartment units, equaling to 30.8 dwelling units per acre, meeting the General Plan density allowed the NCMU land use designation with the applicable incentives granted by SDBL factored in. The proposed modification will not affect the total number of units or density.

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

The proposed modification will reserve all 75 apartment units to either low or very lowincome households, further increasing the affordable housing stock to all income level households. Furthermore, the developer has committed to working with Milpitas Unified School District to market housing opportunities for their employees.

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

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

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

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

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

All 75 apartment units will be targeted to either low or very low income households, as defined in Section 50079.5 of the Health and Safety Code, which states that lower-income households shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income and units targeted to very low-income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income.

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

The developer has identified and requested bonus incentives held within the State Density Bonus Law and outlined within the staff report.

Affordable Housing Ordinance Exception
The City Council may allow an exception to the requirement to construct on-site affordable units for a residential ownership project when the applicant contributes to the City's affordable housing needs through one of the alternatives set forth in MMC Sections XII-1-4.00-XII-1-4.02, provided that prior to City Council approval to the requested exception, the City Council must make the following findings:

1. The development as proposed with the exception as provided pursuant to this Section would further the City's low and/or moderate-income housing goals as contained in the Housing Element; and

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In order to comply with this section, the ordinance requires the Project to provide 19 townhomes, as moderate-income, and 11 apartment units, as low-income, for affordable housing, for a total of 31 affordable housing units. The applicant proposes to deviate from the ordinance and meet the City’s affordable housing requirement by not reserving any townhome units but reserving 75 apartment units for either low or very low-income households, exceeding the 15 percent requirement of the total number of dwelling units.

By granting this exception, the City would add 75 affordable housing unitsinto the Milpitas housing stock which supports the City’s RHNA obligation.

2. The development with the exception either (i) will result in at least two of the following:
a. The development of a larger number of deed-restricted affordable units than would be created under the on-site requirement;
b. The development of a larger number of deed-restricted affordable bedrooms than would be created under the on-site requirement;
c. The development of a larger amount of deed restricted affordable living area than would be created under the on-site requirement;
d. The development of deed-restricted affordable units at a lower average income target as compared to the affordable units that would be created under the on-site requirement;
or (ii) will provide other community benefits that exceed the benefit of constructing on-site affordable units.

The proposed development, with the exception, will result in a larger number of deedrestricted affordable bedrooms and a larger amount of deed-restricted affordable living area than would be created under the on-site requirement. The total number of bedrooms under the applicant’s modification would be 144, whereas the required number would be 74 bedrooms. The total square footage of proposed living space under the applicant’s modification would be 61,250, whereas the required amount of living space would be 41,548 square feet. Lastly, the developer has committed to working with Milpitas Unified School District to provide housing opportunities for their employees.

ENVIRONMENTAL REVIEW
On November 7, 2023, the City Council certified a Final Environmental Impact Report (FEIR) (SCH#2022110251) for the 1355 California Circle Project by holding a duly noticed public hearing on the EIR, presented the Findings of Fact and a Statement of Overriding Consideration, considered all written and oral reports of staff and public testimony on the matter, and such matters are reflected in the record of the matter and determined that the benefits of the 1355 California Circle Project outweigh its potential significant environmental impact by adopting a Statement of Overriding Consideration.

On September 12, 2024, Pulte Homes applied to modify the development of a 75 residential-unit apartment building that was part of the 1355 California Circle Project. The modified apartment building will be lower in height (65 feet compared to 74 feet) and larger in floor area (84,907 square feet compared to 66,767 square feet), yet the overall building footprint is not substantially changing. The number of units (75 total) will remain the same and one additional parking space (86 total) will be added.

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It is for these reasons the proposed project is exempt pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declaration), which states that when a EIR has been certified or a negative declaration has been adopted for a project, no subsequent EIR shall be prepared for the that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, that either a substantial change (as described per CEQA Guidelines Section 15162 (a)(1) and (2)) or new information of substantial importance (as described per CEQA Guidelines 15162 (a)(3)(A)(B)(C)) have occurred. No substantial change or no information of substantial importance has been determined based on the analysis of the proposed modification.

Attachment B is a staff memorandum providing further analysis of the Section 15162 CEQA exemption.

PUBLIC COMMENT/OUTREACH
Staff provided public notice of the application in accordance with City and State public noticing requirements. At the time of publishing this report, no public comments have been received. A notice was published in the Milpitas Post on January 31, 2025. In addition, notices were sent to all owners and occupants within 1000 feet of the project site. A public notice was also posted at the project site, on the City's Website, www.milpitas.gov, and at City Hall.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Open the Public Hearing to receive comments.

2. Close the Public Hearing.

3. Adopt Resolution No. 25-003, recommending that the City Council approve Site Development Permit Amendment No. SA24-0005 and Density Bonus Permit No. DB24- 0002, subject to the findings and Conditions of Approval.

ATTACHMENTS
A: Resolution No. 25-003 with Conditions of Approval
B: Pulte Homes Affordable Apartment Modification – Section 15162 Evaluation C: Project Plans
D: Project Narrative for the concessions, waivers, and incentives.

E: City of Milpitas 1355 California Circle Project DEIR, dated July 2023 F: City of Milpitas 1355 California Circle Project FEIR, dated September 2023

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CITY OF MILPITAS
Planning Commission
February 12, 2025 Planning Commission Meeting Minutes Page 1

MEETING MINUTES
7:00pm
Wednesday, February 12, 2025

CITY COUNCIL CHAMBERS,
455 E CALAVERAS BLVD, MILPITAS, CA
and
via TELECONFERENCE (Zoom Webinar)
CALL TO ORDER Vice Chair Sonia Medina-Ashby called the meeting to order at 7:00 pm.

PLEDGE OF

ALLEGIANCE
Vice Chair Sonia Medina-Ashby led the pledge of allegiance.

ROLL CALL Recording Secretary Medina called the roll.

PRESENT: Vice Chair Medina-Ashby, Gupta, Caulkins, and Kong.

ABSENT: Albana, Galang, Awasthi
STAFF: Jay Lee, Christopher Creech, Michael Fossati, Holly Pearson, and Elizabeth Medina

CONFLICT OF

INTEREST/CAMPAIGN

CONTRIBUTION

DECLARATION
Assistant City Attorney Christopher Creech asked if any member of the commission had any personal or financial conflict of interest related to any of the items on the agenda, and there were none.

ELECTION OF CHAIR

AND VICE CHAIR FOR
2025
Caulkins nominated Gupta for Chair. Gupta accepted the nomination.

Motion/Second Kong/Caulkins
Motion carried by a vote of AYES: 4 NOES: 0
Kong nominated Caulkins for Vice Chair. Caulkins accepted the nomination.

Motion/Second Gupta/Medina-Ashby
Motion carried by a vote of AYES: 4 NOES: 0

APPROVAL OF THE

MEETING AGENDA
By motion, approve the meeting agenda for February 12, 2025.

Motion/Second Caulkins/Medina-Ashby
Motion carried by a vote of AYES: 4 NOES: 0

APPROVAL OF THE

MEETING MINUTES
By motion, approve the meeting minutes for January 8, 2024.

Motion/Second Kong/Medina-Ashby
Motion carried by a vote of AYES: 4 NOES: 0
ANNOUNCEMENTS There were no announcements from Planning Director Lee or Planning Commissioners.

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February 12, 2025 Planning Commission Meeting Minutes Page 2 PUBLIC FORUM Chair Gupta invited members of the public to address the commission, and there were none.

PUBLIC HEARING X-1 PULTE HOME AFFORDABLE APARTMENTS MODIFICATION – 1355 CALIFORNIA CIRCLE – P-SA24-0005 / P-DB24-0002: A Site Development Amendment and Density Bonus Permit to modify the design and parking for a previously approved affordable residential apartment building, up to 78-feet in height, for a total of 75 residential units. The apartment building will include 85 vehicle parking spaces, two rooftop amenity areas, and associated site improvements on a 0.9-acre parcel at 1355 California Circle. An addendum to the Environmental Impact Report (SCH #2022110251) has been prepared, pursuant to CEQA Guidelines Section 15164 (Addendum to an EIR). (23:25) Project Planner Michael Fossati and applicant’s team, Jim Sullivan (Pulte), Megan Palmer (KTGY Architecture), and Sean Rossen (Waterford Property Company) addressed commissioners' clarifying questions on various topics related to:
• Clarification on First Right of Refusal for Milpitas Unified School District (MUSD): the resolution does not explicitly grant a first right of refusal. Instead, Condition 26 refers to the Affordable Housing Agreement. A separate private agreement between the developer and MUSD, which the city is not involved in but must comply with the Affordable Housing Ordinance.
• Duration of Affordability Agreements: The regulatory agreement ensuring affordability will last for 55 years, clarifying a potential confusion about a 30-year period.
• Parking and Density Bonuses: The project utilizes density bonuses to waive certain parking requirements. Fewer parking spaces are being offered than the typical city requirements, though state guidelines provide some flexibility for the developer.
• Community and City Involvement: There is a strong focus on aligning the developer's approach with the city's affordable housing ordinances.

The city is committed to supporting the project's success. • Parking Concerns: The project includes 86 parking spaces for 75 units, but concerns were raised about the adequacy of parking for guests, overflow, and street parking availability given the unit-to-parking ratio. • Parking Fee and Payment: The developers have already paid $3.9 million in parking fees to the city, with further discussions regarding adjustments to these fees.
• School Fees and Impact: Conversations were held around the impact of the project on local schools, particularly regarding any fees or obligations associated with the development.
• Building Design and Height Adjustments: There was a shift from a six-story to a five-story building, with a focus on minimizing the building’s impact on the surrounding community.
• Parking Issues and Solutions: To address potential parking concerns, the developers are considering collaboration with nearby commercial buildings for additional parking spaces.
• Project Design and Safety: Discussions included adding a parkway and ensuring the design supports pedestrian safety. A shared rendering

Page 949 of 1436 ends

February 12, 2025 Planning Commission Meeting Minutes Page 3 helped clarify the design, with special attention given to creating an appropriate and safe building entrance.

Motion to close the Public Forum.

Motion/Second Caulkins/Gupta
Motion carried by a vote of AYES: 7 NOES: 0
Recommendation: Staff recommends that the Zoning Administrator open and close the public hearing, consider the exemptions in accordance with CEQA, and adopt Resolution 25-003, approving Site Development Permit No. SA24-0005 and Density Bonus No. DB24-0002, subject to the Conditions of Approval.

Motion/Second Gupta/Albana
Motion carried by a vote of AYES: 6 NOES: 1 (Caulkins)
NEW BUSINESS XI-1 STUDY SESSION FOR COMPREHENSIVE ZONING ORDINANCE UPDATE (Phase 2): Commission received presentation from Project Manager Holly Pearson and LWC Consultant, Jennifer Murillo, regarding the Comprehensive Zoning Ordinance Update.
(1:41:57) Discussion consisted of:

1. Permit Level Reduction:
a. A positive change, with reduced permitting levels expected to lower both permit fees and review times for certain projects. This will streamline approvals for projects with lower review levels. Other projects will follow the current process.

2. Housing Opportunity District vs. Zoning Update:
a. The Housing Opportunity District (HOD) and the zoning update are separate initiatives. The zoning update mainly focuses on modernizing the text of the zoning ordinance, while the HOD encourages housing development in specific areas. Both efforts aim to implement the General Plan, with no conflicts between the two.

3. Permit Requirement Clarification:
a. "P" in the permit table means the use is permitted by right, though other permits (like a site development permit) may still be required. b. Mobile food parks only need a minor conditional use permit (MCUP) in mixed-use zones, focusing on site amenities and layout, not infrastructure.
c. The appropriate permit level for mobile food parks will be reconsidered based on community feedback.

4. Parking Requirements:
a. Proposed changes reduce parking requirements for certain residential units. For single-family homes, uncovered driveway spaces may count toward parking requirements, but covered parking will still be mandatory.
b. The need for clearer guidelines on including uncovered parking in meeting the requirements was acknowledged.

5. Transportation Demand Management (TDM):

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February 12, 2025 Planning Commission Meeting Minutes Page 4 a. TDM is mandatory for projects meeting certain size thresholds and includes a mix of strategies to reduce vehicle trips.
b. No detailed point system exists yet, but the city plans to monitor the effectiveness of these strategies and make adjustments as needed. c. The burden of implementation and monitoring may fall on the city, but efforts will minimize the impact on staff, with a focus on applicants providing the necessary information.

6. Staffing Impacts:
a. Lowering permitting levels for certain projects may free up staff time for other tasks but won't drastically change the workload. b. A careful and selective approach has been taken in determining which projects benefit from reduced permitting levels.

7. Single-Family Residential Design Standards:
a. A concern was raised about the feasibility of a 40-square-foot patio requirement for higher-density, multi-story homes with small lot sizes. This will be reviewed for further feedback and adjustments.

ADJOURNMENT Chair Gupta adjourned the meeting at 9:03 pm Motion/Second Caulkins/Kong
Motion carried by a vote of AYES: 4 NOES: 0
Meeting Minutes submitted by
Planning Commission Secretary Elizabeth Medina

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RESOLUTION NO. 25-003

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS

RECOMMENDING TO THE CITY COUNCIL TO APPROVE SITE DEVELOPMENT PERMIT AMENDMENT NO. SA24-0005 AND DENSITY BONUS PERMIT NO. DB24- 0002 TO MODIFY A PREVIOUSLY APPROVED 75-UNIT APARTMENT BUILDING, DEVELOP 86 VEHICLE PARKING SPACES, TWO ROOFTOP AMENDITY AREAS, AND ASSOCIATED SITE IMPROVEMENTS WITHIN THE “1355 CALIFORNIA CIRCLE PROJECT” ON A 0.94-ACRE PARCEL AT 1355 CALIFORNIA CIRCLE AND

MAKING THE FINDING OF CEQA EXEMPTION
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, Section 3.03 of Chapter 10 Zoning of Title XI of the Milpitas Municipal Code, divides the City into zoning districts; and
WHEREAS, on November 7, 2023, the City Council of the City of Milpitas approved Resolution #9282, which permitted a development of a multi-family residential project consisting of 13 residential buildings, up to 51-feet in height, and one residential apartment building, up to 78-feet in height, for a total of 206 residential units, with 393 vehicle parking spaces, a 0.32-acre internal park, and associated site improvements located at 1355 California Circle (“the 1355 California Circle Project”) submitted by Pulte Homes Company LLC (“Applicant”). The approval included the following entitlements:
a. General Plan Text Amendment (GP22-0001): To remove language associated with the California Circle Specific Plan within the General Plan 2040 by amending the Neighborhood Commercial Mixed-Use (NCMU) designation (pg. LU-6), removing the “California Circle Specific Plan Overlay” statement (pg. LU-8) and amending Action LU-2b (pgs. LU-17 and LU-18).
b. Zoning Map Amendment (ZA22-0001): To amend the zoning map to change the property zoning designation from Industrial Park (MP) to Mixed-Use District (MXD). c. Site Development Permit (SD22-0003) to allow the development of a multi-family residential project consisting of 13 residential buildings, up to 51 feet in height, and one residential apartment building, up to 78 feet in height, for a total of 206 residential units on a 6.7-acre site.
d. Conditional Use Permit (UP22-0001) to allow for condominium use, associated subdivision, and tandem parking.
e. Vesting Tentative Map (MT22-0001) to establish 14 lots, 131 residential condominium spaces, and related common areas.

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2 f. Density Bonus Permit (DB23-0003) to ensure compliance with State Density Bonus law and regulations and grant a modification of the distribution requirement so affordable units can be constructed in the apartment building only. g. Tree Removal Permit (TR23-0021) to remove 27 ordinance-sized trees and replace them with 269 new trees.
h. Environmental Assessment (EA22-0002: To review and assess all requested entitlements for consistency with the California Environment Quality Act (CEQA).

WHEREAS, in order to evaluate and approve the 1355 California Circle Project under the California Environmental Quality Act (“CEQA,” codified at Public Resources Code § 21000, et seq., as further governed by the CEQA Guidelines, found at 14 C.C.R. § 15000, et seq.), an environmental impact report was prepared (the Draft EIR, as revised by the Final EIR’s errata section, together with the other sections of the Final EIR, are collectively referred to herein as the “EIR,” State Clearinghouse No. 2022110251); and
WHEREAS, on November 7, 2023, the City Council of the City of Milpitas certified the EIR (“Resolution No. 9281”) for the 1355 California Circle Project by making environmental findings pursuant to CEQA and adopting a statement of overriding considerations and a mitigation monitoring program; and
WHEREAS, on September 12, 2024, Pulte Homes Company LLC submitted an application to the City of Milpitas to modify the physical elements of the residential apartment building (“Project”) previously approved within the 1355 California Circle Project. The Project requires approval of the following entitlements:
a. Site Development Permit Amendment to change the overall design of the previously approved apartment building by lowering the height (from approximately 78 feet and six stories to approximately 65 feet and five stories), increasing the residential floor area (84,097 square feet compared to 66,767 square feet), modifying the unit type (replace 16 studios, 40 one-bedroom units, and 19 two-bedroom units with 30 one-bedroom units, 21 two-bedroom units, and 24 three-bedroom units), increase the number of vehicle parking spaces (from 85 parking spaces to 86 parking spaces) and changing the design, colors, and materials of the apartment building. Additional amendments include encroaching into the front and side yard setback, allowing a building height over 45 feet and a parking reduction, as permitted by State Density Bonus Law through waivers. b. Density Bonus Permit to ensure compliance with State Density Bonus law and ensure the project eligibility for certain concessions, waivers, and parking incentives under State Density Bonus Law. Furthermore, the application proposed to modify the previous entitlement that reserved 31 apartment units for low-income households and 44 apartment units for moderate-income households (totaling 75 affordable housing units) into reserving all 75 residential units for either low or very low-income households.

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3 WHEREAS, the Project is exempt pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declaration) which is permitted when an EIR has been certified or a negative declaration adopted for a project, and therefore no subsequent EIR shall be prepared so long as the lead agency can demonstrate if changes to a project warrant a subsequent negative declaration, addendum, or no further documentation; and WHEREAS, the Planning Department recommends the Planning Commission determine this Project is found to be consistent with the goals, policies, and regulations of the California Density Bonus Law (Government Code Section 65915 et seq.), Milpitas General Plan 2040, and Milpitas Zoning Ordinance, specifically Milpitas Municipal Code Section XI-10-54.15 (Density Bonus for Affordable Housing Developments), which continues to allow an exception of the distribution requirement of affordable units for a project that better serves the affordable housing need in the City and permits waivers and concessions to development standards to facilitate development of the project, as analyzed and documented in the staff report; and WHEREAS, the Planning Commission is an advisory body to the City Council pursuant to Milpitas Municipal Code Section XI-10-64.03 (Consideration of Concurrent Applications), where, as here, a Density Bonus Permit pursuant to Milpitas Municipal Code Section XI-10-

54.15is required, and the City Council is the highest review authority for the Project and, accordingly, all review by other bodies with approval authority over the application shall be in the form of a recommendation to the City Council; and
WHEREAS, the Planning Commission has reviewed the draft “Resolution of the City Council of the City of Milpitas Approving Site Development Amendment Permit No. SA24-0005 and Density Bonus Permit No. DB24-0002 for 1355 California Circle,” attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, the Planning Commission makes and accepts as its own the findings set forth in Exhibit “A” attached hereto; and
WHEREAS, on February 12, 2025, the Planning Commission held a noticed public hearing on the Project, at which time the Commission considered a written staff report, and all other oral and written comments presented to them; and
WHEREAS, the findings and conclusions made by the Planning Commission pursuant to this Resolution are based upon the oral and written evidence before it as a whole.

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

1. The recitals set forth above are adopted as further findings of the Planning Commission.

2. The Planning Commission determines the project should be found exempt from further environmental review pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declaration) and recommends that the City Council

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4 so make this finding. The previously certified Final Environmental Impact Report (FEIR) (SCH#2022110251) for the 1355 California Circle Project remains a sufficient environmental analysis for the project as amended, and the mitigation measures, including the mitigation monitoring and reporting program therein established, should be adopted as conditions of the project approval.

3. Having likewise reviewed and considered the documents attached hereto and incorporated herein as Exhibit “A”, and having adopted the findings set forth therein as its own, the Planning Commission recommends that the City Council approve and adopt Exhibit “A”, subject to any minor technical or clerical revisions that may be necessary or appropriate.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on February 12, 2025:

Chair
TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on February 12, 2025, and carried by the following roll call vote:

COMMISSIONER AYES NOES ABSENT ABSTAIN
Chia Ling Kong
Michael Caulkins
Mercedes Albana
Dipak Awasthi
Alexander Galang
Parveen Gupta
Sonia Medina-Ashby

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5 EXHIBIT ‘A’
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT AMENDMENT NO. SA24-0005 AND DENSITY BONUS PERMIT NO. DB24-0002 TO MODIFY A PREVIOUSLY APPROVED 75-UNIT APARTMENT BUILDING, DEVELOP 86 VEHICLE PARKING

SPACES, TWO ROOFTOP AMENDITY AREAS, AND ASSOCIATED SITE IMPROVEMENTS WITHIN THE “1355 CALIFORNIA CIRCLE PROJECT” ON A

0.94-ACRE PARCEL AT 1355 CALIFORNIA CIRCLE AND MAKING THE FINDING

OF CEQA EXEMPTION
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, Section 3.03 of Chapter 10 Zoning of Title XI of the Milpitas Municipal Code, divides the City into zoning districts; and
WHEREAS, on November 7, 2023, the City Council of the City of Milpitas approved a development of a multi-family residential project consisting of 13 residential buildings, up to 51- feet in height, and one residential apartment building, up to 78-feet in height, for a total of 206 residential units, with 393 vehicle parking spaces, a 0.32-acre internal park, and associated site improvements located at 1355 California Circle (“the 1355 California Circle Project”) submitted by Pulte Homes Company LLC (“Applicant”). The approval included the following entitlements:
i. General Plan Text Amendment (GP22-0001): To remove language associated with the California Circle Specific Plan within the General Plan 2040 by amending the Neighborhood Commercial Mixed-Use (NCMU) designation (pg. LU-6), removing the “California Circle Specific Plan Overlay” statement (pg. LU-8) and amending Action LU-2b (pgs. LU-17 and LU-18).
j. Zoning Map Amendment (ZA22-0001): To amend the zoning map to change the property zoning designation from Industrial Park (MP) to Mixed-Use District (MXD). k. Site Development Permit (SD22-0003) to allow the development of a multi-family residential project consisting of 13 residential buildings, up to 51 feet in height, and one residential apartment building, up to 78 feet in height, for a total of 206 residential units on a 6.7-acre site.
l. Conditional Use Permit (UP22-0001) to allow for condominium use, associated subdivision, and tandem parking.
m. Vesting Tentative Map (MT22-0001) to establish 14 lots, 131 residential condominium spaces, and related common areas.

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6 n. Density Bonus Permit (DB23-0003) to ensure compliance with State Density Bonus law and regulations and grant a modification of the distribution requirement so affordable units can be constructed in the apartment building only. o. Tree Removal Permit (TR23-0021) to remove 27 ordinance-sized trees and replace them with 269 new trees.
p. Environmental Assessment (EA22-0002: To review and assess all requested entitlements for consistency with the California Environment Quality Act (CEQA).

WHEREAS, in order to evaluate and approve the 1355 California Circle Project under the California Environmental Quality Act (“CEQA,” codified at Public Resources Code § 21000, et seq., as further governed by the CEQA Guidelines, found at 14 C.C.R. § 15000, et seq.), an environmental impact report was prepared (the Draft EIR, as revised by the Final EIR’s errata section, together with the other sections of the Final EIR, are collectively referred to herein as the “EIR,” State Clearinghouse No. 2022110251); and
WHEREAS, on November 7, 2023, the City Council of the City of Milpitas certified the EIR for the 1355 California Circle Project by making environmental findings pursuant to CEQA and adopting a statement of overriding considerations and a mitigation monitoring program; and WHEREAS, on September 12, 2024, Pulte Homes Company LLC submitted an application to the City of Milpitas to modify the physical elements of the residential apartment building (“Project”) previously approved within the 1355 California Circle Project. The Project requires approval of the following entitlements:
a. Site Development Permit Amendment to change the overall design of the previously approved apartment building by lowering the height (from approximately 78 feet and six stories to approximately 65 feet and five stories), increasing the residential floor area (84,097 square feet compared to 66,767 square feet), modifying the unit type (replace 16 studios, 40 one-bedroom units, and 19 two-bedroom units with 30 one-bedroom units, 21 two-bedroom units, and 24 three-bedroom units), increase the number of vehicle parking spaces (from 85 parking spaces to 86 parking spaces) and changing the design, colors, and materials of the apartment building. Additional amendments include encroaching into the front and side yard setback, allowing a building height over 45 feet and a parking reduction, as permitted by State Density Bonus Law through waivers. b. Density Bonus Permit to ensure compliance with State Density Bonus law and ensure the project eligibility for certain concessions, waivers, and parking incentives under State Density Bonus Law. Furthermore, the application proposed to modify the previous entitlement that reserved 31 apartment units for low-income households and 44 apartment units for moderate-income households (totaling 75 affordable housing units) into reserving all 75 residential units for either low or very low-income households.

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7 WHEREAS, the Project is exempt pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declaration) which is permitted when an EIR has been certified or a negative declaration adopted for a project, and therefore no subsequent EIR shall be prepared so long as the lead agency can demonstrate if changes to a project warrant a subsequent negative declaration, addendum, or no further documentation; and; WHEREAS, the Planning Department recommends the City Council determine this Project is found to be consistent with the goals, policies, and regulations of the California Density Bonus Law (Government Code Section 65915 et seq.), Milpitas General Plan 2040, and Milpitas Zoning Ordinance, specifically Milpitas Municipal Code Section XI-10-54.15 (Density Bonus for Affordable Housing Developments), which continues to allow an exception of the distribution requirement of affordable units for a project that better serves the affordable housing need in the City and permits waivers and concessions to development standards to facilitate development of the project, as analyzed and documented in the staff report; and WHEREAS, the Planning Commission is an advisory body to the City Council pursuant to Milpitas Municipal Code Section XI-10-64.03 (Consideration of Concurrent Applications), where, as here, a Density Bonus Permit pursuant to Milpitas Municipal Code Section XI-10-

DB24-0002 for 1355 California Circle Modified Apartment Building, heard a presentation from staff; and had the opportunity to hear from members of the public and closed the public hearing on the item; and
WHEREAS, by adoption of Resolution No. 25-003, the Planning Commission recommended that the City Council approve Site Development Permit Amendment SA24-0005 and Density Bonus Permit DB24-0002 for 1355 California Circle Modified Apartment Building; and
WHEREAS, the documents and other materials which constitute the record of proceedings upon which the City Council bases the recommendation and the findings contained within this Resolution are available and may be reviewed at Milpitas City Hall, located at 455 E. Calaveras Boulevard, Milpitas, California 95035; and
WHEREAS, on _____________, the City Council held a duly-noticed public hearing, during which meeting the City Council considered the Site Development Permit Amendment SA24-0005 and Density Bonus Permit DB24-0002 for 1355 California Circle Modified Apartment Building, heard a presentation from staff, and had the opportunity hear from members of the public; and
WHEREAS, the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and

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8 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. Recitals
The City Council has duly considered the full record before it, which may include but is not limited to such things as the published staff report, oral and written testimony by staff, the Planning Commission, City Council and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. Record
The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based is within the Planning Department, City of Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035 SECTION 3. California Environmental Quality Act (CEQA)
This Project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) which states that when a EIR has been certified or a negative declaration has been adopted for a project, no subsequent EIR shall be prepared for the that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, that either a substantial change (as described per CEQA Guidelines Section 15162 (a)(1) and (2)) or new information of substantial importance (as described per CEQA Guidelines 15162 (a)(3)(A)(B)(C)) have occurred. No substantial change or no information of substantial importance has been determined based on the analysis of the proposed modification. The previously certified Final Environmental Impact Report (FEIR) (SCH#2022110251) for the 1355 California Circle Project remains a sufficient environmental analysis for the project as amended, and the mitigation measures, including the mitigation monitoring and reporting program therein established, should be adopted as conditions of the project approval.

SECTION 4. Development Fees
The Project is subject to the Parkland Impact Fee and the Public Art Fee. The City Council finds and determines, based upon the full record before it, including studies, analysis, and approvals supporting the adoption of these fees that there is an essential nexus between these fees and the Project and these fees are roughly proportional to the Project’s impact on the City’s land use and other interests.

The purposed of the Parkland Impact Fee, as adopted on June 15, 1976, by Ordinance No.

18.17 and amended thereafter, is to finance open space for park or recreational purposes as a

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9 condition of approval of a subdivision map as contemplated by the Subdivision Map Act. The city has adopted a General Plan containing a Recreation Element with definite principles and standards for the park and recreational facilities to serve the residents of the city and through this obligation requires dedication of land, payment of a fee, or both to proportionately contribute to this plan and provide park and recreational facilities to serve future residents of such subdivision. The Project will be supported by the infrastructure financed by the Parkland Impact Fee. The Council finds that an essential nexus exists between the basic public infrastructure facilities financed by the fee and the Project, which those facilities will support.

In adopting and updating over time the Parkland Impact Fee, the City relied upon studies to ensure that each project would pay only its fair share of the basic public infrastructure facilities.

The City found and determined through this study that the public interest, convenience, health, welfare, and safety require that eighteen and one-half (18-½) acres of property, for each one thousand (1,000) persons residing within this City, be devoted to park and recreational purposes.

This fee is made proportionate to the population of each project and the consequent increase in infrastructure for this additional residential need. The land and fees received are used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The Council finds that Parkland Impact Fee is roughly proportional to the Project’s impact on the City’s land use interest.

The purpose of the Public Art Fee, as adopted on May 19, 2015, by Ordinance No. 38.821, promote the aesthetics and arts in the City of Milpitas by requiring the inclusion of a public artwork component in new private development projects in Milpitas. Developers may either include publicly accessible works of art of placement in the development itself or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. This obligation therefore should foremost provide a direct public infrastructure improvement in the Project itself and only require contribution at the applicant’s decision not to install improvements within the Project. The Council finds that an essential nexus exists between the basic public infrastructure facilities financed by the fee and the Project, which those facilities will support.

In adopting the Public Art Fee, the City relied upon studies to ensure that each project would pay only its fair share of the basic public infrastructure facilities. The City found and determined through this study that the public interest, convenience, health, welfare and safety require that private residential building developments of 20 or more new dwelling units shall devote an amount not less than one-half of one percent of Building Development Costs for acquisition and installation of Publicly Accessible Art on the development site. This obligation therefore proportionally requires the developer to contribute proportionately in the first instance to the aesthetics and arts for the Project itself. The Council finds that the Public Art Fee is roughly proportional to the Project’s impact on the City’s land use interest.

SECTION 5. Site Development Amendment Permit
The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SA24-0005, as referenced as “1355 California Circle Modified Apartment Building,” dated November 18, 2024, on file with the Planning Department:

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10 1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

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

The proposed modification is generally consistent with the Milpitas Zoning Ordinance and MXD zoning standards, as demonstrated in Table 1, below:

Table 1: Summary of MXD Development Standards
Development
Standard
(MXD)
Minimum Required Proposed Conformance
Density 21-30 du/ac

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11 Development
Standard
(MXD)
Minimum Required Proposed Conformance
Rear Yard
Setback
(west)
10 feet 11 feet Yes
Height 3 stories and 45 feet ~65 feet
Yes, with
Density Bonus
Waiver
Landscaping
All required front and street
setback areas shall be
landscaped or paved to
allow for outdoor seating,
display or goods, or street
furniture
All required front and
street setback areas are
landscaped or paved
Yes
Parking
1 bedroom: 1.5 per unit
(45 spaces)
2-3 bedrooms: 2 per unit
(90 spaces)
Guest: Projects with parking
structures: 15 percent of the
total required.
(20 spaces)
Total – 155 spaces
86 spaces
Yes, with
Density Bonus
Parking
Reduction
Incentive
Bicycle
Parking
5 percent of the total
required
Total: 8
8 Yes
The proposed multi-family residential building is permitted in the MXD zoning district. The project design conforms to the site and development standards of the MXD zone. The apartment modification also conforms with MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). Where exceptions from the MXD standards are needed, the applicant has requested waivers and parking exceptions pursuant to the State Density Bonus Law (Gov. Code § 65915 et seq.). The requested waivers and parking exception will support the development of affordable housing on a site where it would not otherwise be possible through a strict application of the specified zoning standard.

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

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

AFFORDABLE HOUSING ORDINANCE)
including bonuses for senior housing,
affordable housing, and for projects within
designated overlay districts included in
Consistent. The apartment modification
includes a proposal to provide all 75 residential
units to either low or very-low-income
individuals or families, consistent with the GP
policy to support density bonuses for
affordable housing.

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13 Policy Conformance
Milpitas Municipal Code Section 12 - Overlay
Districts and Standards
Furthermore, as the Project is an eligible housing project under State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to waivers, concessions and incentives. The requested waivers and parking incentives will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specific standard.

SECTION 6. Density Bonus Permit
The City Council makes the following findings based on the evidence in the public record in support of Density Bonus Permit No. DB24-0002, as referenced as 1355 California Circle Modified Apartment,” dated November 18, 2024, on file with the Planning Department:

1. The maximum allowable base density specified in the General Plan, including any other permitted increases in density
The previously approved development includes 131 townhome condominiums and 75 apartment units, equaling to 30.8 dwelling units per acre, meeting the General Plan density allowed the NCMU land use designation. The proposed modification will not affect the total number of units or density.

The previously approved development received an exception to this standard. Instead of providing 19 affordable townhome condominiums and 11 affordable apartment unit (15 percent of the total number of dwelling units), the applicant reserved 31 apartment units for lower-income households and 44 apartment units for moderate-income households, bringing the total BMR contribution to 36.4 percent of the total number of dwelling units, adding 44 additional deed restricted units to it’s the City of Milpitas’s affordable housing stock and helping the City meet its Regional Housing Needs Allowance (RHNA). The proposed modification will reserve all 75 apartment units to either low or very low-income households,

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14 further increasing the affordable housing stock to all income level households. Furthermore, the developer has committed to working with Milpitas Unified School District to market housing opportunities for their employees.

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

Any density bonus requirements not specified in the City’s Municipal Code shall be governed by the State Density Bonus Law, Government Code Section 65915, et seq.

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

54.15, the City must grant the requested incentives/concessions unless the City can make either of the following findings in writing and based on substantial evidence:
a. The concession is not required in order to provide for affordable housing costs as defined in State Health and Safety Section 50052.2 or for rents for the affordable units pursuant to Section XI-10-54.15(D)(5), Standards, of Chapter 10 (Zoning) of the Milpitas Municipal Code.
b. The concession would have a specific adverse impact as defined in State Government Code Section 65589.5(d) (2) upon the public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households
If findings cannot be made, then the proposed concessions/incentives and waivers must be granted, based on the requirements of the City’s Municipal Code and California Government Code Sections 65915 – 65918.

The City does not have substantial evidence to demonstrate that the concessions/incentives and waivers described in Table 3, below, would fail to result in actual and identifiable cost savings, and/or that these savings are unnecessary to provide the level of affordability proposed.

Moreover, the City has no substantial evidence that any of the requested concessions, incentives or waivers would result in any specific, adverse impacts to public health, safety, the physical environment, or historical resources. Accordingly, the City Council hereby approves such requested concessions/incentives and waivers.

Table 3: State Density Bonus – Concessions, Waivers and Incentives Type of
Modification Standard Applicant Request Justification
Waiver
Previously
Requested
Discretion
Waiver for
Front
Setback
Minimum
8 feet,
Maximum
15 feet
4 feet, 9
inches to
13 feet, 7
inches
A lesser front
yard setback
provides the
developer
greater floor
area to
increase
affordable
units on-site.

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

Page 966 of 1436 ends

16 Type of
Modification Standard Applicant Request Justification
Waiver
Previously
Requested
Discretion
Waiver for
Side Setback
10 feet 4 feet, 5
inches
The reduced
side setback is
needed to
comply with
Fire
requirements
for adequate
space to
maneuver
aerial
apparatus
along the
northern
property line.

No
This waiver is
allowed under
State Density
Bonus Law and
must be granted by
the city.

Waiver for
Building
Height
3 stories
and 45 feet 5 stories
and 65 feet
A greater
height
provides the
developer
more floor
area to
increase
affordable
units on-site.

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

Parking
Reduction
Incentive
155 spaces
(Pursuant
to MMC
Section XI10-53.09)
86 spaces State Density
Bonus Law
dictates
minimum
parking
standards for
qualifying
affordable
housing
developments.

Yes
This parking
reduction is
allowed under
State Density
Bonus Law and
must be granted by
the city.

SECTION 7. Affordable Housing Ordinance Exception
The City Council may allow an exception to the requirement to construct on-site affordable units for a residential ownership project when the applicant contributes to the City's affordable housing needs through one of the alternatives set forth in MMC Sections XII-1-4.00-XII-1-4.02,

Page 967 of 1436 ends

17 provided that prior to City Council approval to the requested exception, the City Council must make the following findings:

1. The development as proposed with the exception as provided pursuant to this Section would further the City's low and/or moderate-income housing goals as contained in the Housing Element; and
In order to comply with this section, the ordinance requires the Project to provide 19 townhomes, as moderate-income, and 11 apartment units, as low-income, for affordable housing, for a total of 31 affordable housing units. The applicant proposes to deviate from the ordinance and meet the City’s affordable housing requirement by not reserving any townhome units but reserving 75 apartment units for either low or very low-income households, exceeding the 15 percent requirement of the total number of dwelling units. By granting this exception, the City would add 75 affordable housing units into the Milpitas housing stock which supports the City’s RHNA obligation.

2. The development with the exception either (i) will result in at least two of the following:
a) The development of a larger number of deed-restricted affordable units than would be created under the on-site requirement;
b) The development of a larger number of deed-restricted affordable bedrooms than would be created under the on-site requirement;
c) The development of a larger amount of deed restricted affordable living area than would be created under the on-site requirement;
d) The development of deed-restricted affordable units at a lower average income target as compared to the affordable units that would be created under the on-site requirement;\ or (ii) will provide other community benefits that exceed the benefit of constructing on-site affordable units.

The proposed development, with the exception, will result in a larger number of deed-restricted affordable bedrooms and a larger amount of deed-restricted affordable living area than would be created under the on-site requirement. The total number of bedrooms under the applicant’s modification would be 144, whereas the required number would be 74 bedrooms. The total square footage of living space under the applicant’s modification would be 61,250, whereas the required amount of living space would be 41,548 square feet. Lastly, the developer has committed to working with Milpitas Unified School District to provide housing opportunities for their employees.

SECTION 8. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or

Page 968 of 1436 ends

18 more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.

SECTION 9. City Council Approval
The City Council hereby approves Site Development Permit Amendment No. SD24-0005 and Density Bonus Permit No. DB24-0002 (subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit “1”) based on the above findings.

PASSED AND ADOPTED this _________ day of __________ 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________
Suzanne Guzzetta, City Clerk
APPROVED:

Carmen Montano, Mayor
APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney

Page 969 of 1436 ends

19 EXHIBIT ‘1’

CONDITIONS OF APPROVAL

PULTE HOMES AFFORDABLE APARTMENTS MODIFICATION, WHICH

INCLUDES THE DEVELOPMENT OF A U-SHAPED, MODERN ARCHITECTURAL APARMENT BUILDING, APPROXIMATELY 65 FEET (FIVE-STORIES) IN HEIGHT, A UNIT MIX OF 30 ONE-BEDROOM UNITS, 21 TWO-BEDROOM UNITS, AND 24 THREE-BEDROOM UNITS (TOTALING 75 UNITS) RANGING IN SIZE BETWEEN 600 TO 1,043 SQUARE FEET, WITH 86 VEHICLE PARKING SPACES, AND ALL UNITS DESIGNATED FOR EITHER LOW (51-80 PERCENT AREA MEDIAN INCOME) OR VERY LOW-INCOME (31-50 PERCENT AREA MEDIAN INCOME)

HOUSEHOLDS
SITE DEVELOPMENT AMENDMENT PERMIT NO. SA24-0005
DENSITY BONUS PERMIT NO. DB24-0002

GENERAL CONDITIONS

1. General Compliance: The Permittee and owner, including all successors in interest (collectively "Permittee") shall comply with each and every condition set forth in this Permit known as “1355 California Circle Modified Apartment”, dated November 18, 2024, on file with the Planning Department and all conditions within Resolution #9283 (Exhibit ‘2’). This Site Development Amendment Permit No. SA24-0005 and Density Bonus Permit No.

DB24-0002 (collectively "Permit") shall have no force or effect, and no building permit shall be issued for the apartment building, unless and until all things required by the belowenumerated precedent conditions have been performed or caused to be performed. The Permittee shall develop the site in accordance with the approved Attachments and as modified by these Conditions of Approval, and in compliance with the 1355 California Circle Project Mitigation Monitoring Plan (MMP), as demonstrated in the 1355 California Circle Project FEIR.

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

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

4. Permit Expiration: Pursuant to Section XI-10-64-06 of the Milpitas Municipal Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced

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20 within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-64.06(B) of the Milpitas Municipal Code, an activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

5. Time Extension: Pursuant to Section XI-10-64.07 of the Milpitas Municipal Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)

6. Project Job Account: If Permittee's project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee's project job account is paid in full and the required deposit has been made.

Additionally, prior to the issuance of any building permit or occupancy permit as applicable, Permittee shall pay in full the Project account balance and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit. (P/E)

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

8. Cost and Approval: Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. (ALL)

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

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

11. Indemnification: To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City's choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees,

Page 971 of 1436 ends

21 disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project, including, but not limited to, the approval of the discretionary permits, the approval of any waivers, exemptions, alternatives, modifications, or amendments to the City’s General Plan or Municipal Code, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Permittee's construction, operation, use or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Permittee, City and/or the parties initiating or bringing such proceeding.

Permittee shall indemnify the City for all of City's costs, attorneys' fees and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City's choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. The above indemnification is intended to be as broad as permitted by applicable law. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to Vesting Tentative Map No. MT22-0002 (approved on November 7, 2023), and the balance of the Permit shall be unaffected by Government Code Section 66474.9.

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

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

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

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

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

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

Page 972 of 1436 ends

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

PLANNING CONDITIONS

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

20. Parking: Parking shall be provided as depicted on the Site Plan approved by the City Council and shall consist of the following:
a. RESIDENT: A total of 348 vehicle spaces within unit parking garages in both the townhome buildings and the podium building.
b. GUEST: A total of 46 vehicle spaces are to be provided on site.

21. Bicycle Racks: A total of 22 short-term bicycle parking spaces shall be installed on the site.

22. Trees: The project will remove 27 ordinance-sized trees and replace with approximately 269 trees, in conformance with the plans approved by City Council on November 7, 2023.

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

24. Density Bonus: Permittee shall provide up to 206 residential units, 75 of which will be reserved for either low or very low-income households. Along with the waivers, concessions, and incentives approved on November 7, 2023, by City Council, the Project may have the following waivers, concessions and incentives:
a. Waiver #1: Allow a 4-foot-9-inch front setback for the podium apartment building. b. Waiver #2: Allow a 4-foot-5-inch side yard setback for the podium apartment building.
c. Waiver #3: Allow building height up to 65 feet.
d. Parking reduction waiver: Provide a total of 86 parking spaces in the podium.

HOUSING CONDITIONS

Page 973 of 1436 ends

23 25. Affordable Housing Requirement: Permittee shall comply with the City’s Affordable Housing Ordinance, as set forth in Milpitas Municipal Code Section XI-1-3.00. The City Council has granted the following deviation from the City’s AHO (H):
a. Permittee shall reserve 75 apartment units for either low or very low-income households consisting of
i. 30 one-bedroom units
ii. 21 two-bedroom units
iii. 24 three-bedroom units

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

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

ENGINEERING CONDITIONS

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

28. Modifications: The Site Development Plan dated November 18, 2024 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

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

30. Stormwater Control Plan: Permittee shall submit City approved final Stormwater Control Plan (SWCP) that complies with the latest Municipal Regional Stormwater NPDES Permit, including Low Impact Development (LID) Section C3.c.i.(2)(b) measures for harvesting and

Page 974 of 1436 ends

24 reuse, infiltration, or evapo-transpiration, for City’s review and approval by the Engineering Department.

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

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

33. Project Job Account/Fee Deposit: Permittee shall open a new PJ account as a deposit to cover the costs for Engineering Department’s services for review and inspection of the project. The amount shall be determined based on the public improvement cost estimates as prepared by the Permittee’s engineer.

34. Fair Share Payment Structure: Permittee shall negotiate a fair share payment structure with the City regarding the cost associated with the installation of sectional liners on the existing City sanitary sewer main along the California Circle project frontage.

PRIOR TO FINAL MAP APPROVAL/RECORDATION
The following conditions shall be addressed during the final map plan check process and shall be met prior to any final approval/recordation (except demolition permit and rough grade permit), unless otherwise approved by the Director of Engineering/City Engineer. (E)

35. Dedication on the Final Map: Permittee shall dedicate necessary emergency vehicle access easements, public service utility easements, street easements, public access easement and other public easements deemed necessary for the project.

36. Abandonment/Quitclaim Easements: Permittee shall abandon/quit claim existing easements that are in conflict with or unnecessary for the project.

37. Easements on the Final Map: Permittee shall depict all existing easements to remain based upon current preliminary title report and depict new easements on the final map.

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

39. Street Name Approval: Permittee shall obtain approval from the City Council for all new street names based upon recommendation from the City Council Ad Hoc Naming Subcommittee and City guidelines.

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

Page 975 of 1436 ends

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

42. Covenant, Conditions & Restrictions (CC&Rs): Permittee shall provide CC&Rs for City’s review and approval for perpetual maintenance of private roadways, private utilities, stormwater management facilities in accordance with a separately recorded Stormwater Management Facilities Operation and Maintenance Agreement, etc.

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

44. Annexation to the Community Facilities District: Permittee shall submit an executed petition affirmatively consenting to annex the subject property to the Community Facilities District (CFD) 2005-1, and agree to pay the special taxes levied by the CFD 2005-1 for the purpose of maintaining the public services. The CFD annexation process shall be completed prior to final map approval. Permittee shall comply with all rules, regulations, policies and practices established by the State Law and/or by the City with respect to the CFD including, without limitation, requirements for notice and disclosure to future owners and/or residents. This condition of approval is nonseverable from the Permit and invalidation or limitation of this condition invalidates the Permit, condition 42 notwithstanding.

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

45. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:
a. Milpitas Design Guidelines:
(http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/designguidelines/); b. Standard details and specifications:
(http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/standard-detailsand-specifications/); c. Americans with Disabilities Act (ADA) requirements, where applicable.

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

Page 976 of 1436 ends

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

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

49. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Section 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit.
a) Installation of public (City-maintained) water and sewer mains within on-site private streets and public easements. Please ensure all horizontal and vertical separations meet the CCR title 22 requirements.
b) Installation of separate utility service laterals (domestic water, fire service, sanitary sewer) for each residential building at minimum. c) Installation of irrigation water and storm drain utility service laterals for the common-green condominium community.
d) Installation of domestic water, irrigation water, fire service, sanitary sewer, and storm drainage utility service laterals for the apartment building parcel. e) Installation of sectional liners on the existing City sanitary sewer main along the California Circle project frontage, development in accordance with the City of Milpitas Sewer Master Plan’s recommended capital improvements for California Circle. The fair share payment structure for the sectional liner installation work will be determined prior to the issuance of the building permit. f) Installation of radio-transmitted water meters with a meter antenna, any repeaters or transmitters as needed with dedicated power supplies at no cost to the City at locations acceptable to the City to ensure accurate and timely reception of meter readings. Permittee shall execute a recorded instrument providing dedicated space, access rights and dedicated power supplies to the City for operation/maintenance/repair/replacement of subject radio antenna. g) Installation of sidewalk improvements along the project street frontage on California Circle. All sidewalk design shall comply with applicable City standards and details.
h) Installation of new public streetlights along the project frontage. The locations and spacing of streetlights shall comply with applicable City standards and details.

The developer shall procure an extra street light pole and deliver to the Public Works Corporation Yard for storage.
i) Installation of new public streetlights along the project frontage. The locations and spacing of streetlights shall comply with applicable City standards and details.

Page 977 of 1436 ends

27 The developer shall procure an extra street light pole and deliver to the Public Works Corporation Yard for storage.
j) AC Pavement base repair, microsurfacing and pavement restriping the full width of California Circle frontage to the satisfaction of the City Engineer.

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

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

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

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

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

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

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

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

57. Stormwater Facility Operation & Maintenance Plan: Permittee shall incorporate design details into applicable construction plans in accordance with City approved Storm Water Control Plan (SWCP). Permittee shall also submit Stormwater Facility Operation & Maintenance Plan that describes operation and maintenance procedures needed to ensure that treatment Best Management Practices (BMPs) and other storm water control measures continue to work as intended and do not create a nuisance (including vector control).

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

Page 978 of 1436 ends

28 59. NPDES Compliance: The project shall comply with the requirements of the National Pollution Elimination Discharge System (NPDES) permit as administered by the California State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board.

The project is required to meet the performance standards within the permit. Specifically the project shall incorporate, at a minimum, stormwater treatment measures that meet the numeric sizing requirements for pollutant removal.

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

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

62. Solid Waste and Recycling Facility Design: Permittee shall comply with all applicable City design guidelines/details associated with haul route, turning radius, vertical and horizontal clearance, trash enclosure, staging area, storage area, etc. As Milpitas residents of residential units with individual cart services can request 96-gallon carts, the staging and storage areas of all units of the common-green condominium community shall be designed to accommodate 96-gallon carts.

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

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

64. Recycling Report Prior to Building Permit Issuance: Permittee shall submit Part II of the Recycling Report to the Building Department, for forwarding to the Engineering Department.

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

65. Flood Plain Management: This project is in the Flood Zone “AH” with base flood elevation 15ft above mean sea level, therefore, Permittee shall comply with all applicable flood protection criterion required by the Federal Emergency Management Agency (FEMA) and

Page 979 of 1436 ends

29 MMC Title XI, Chapter 15. Permittee shall obtain a CLOMR-F from FEMA for the development. Lack of documentation will not preclude occupancy release.

66. Mailboxes: The Permittee shall obtain information from the US Postal Services regarding placement of required mailboxes. Structures to protect mailboxes may require Building, Engineering and Planning Department review.

67. Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “i” are based upon current fee rates; however, those fee rates are subject to change. The exact fee amount shall be determined at the time of building permit fee payment. a. Parkland Impact Fee

1. The project is required to dedicate 1.8 acres of parkland, equivalent to $5,004,981.27 fees-in-lieu.

2. The applicant will receive credit for 0.72 acres of private recreation space on site. Upon demonstration of provision of this private recreation space to the satisfaction of the Direction of Planning or his/her designee, $3,002,988.76 in parkland fees will be due, per table below.

Pulte Townhomes and Apartments
Proposed
206
Pulte Townhomes and Apartments
Population Estimate (2.49 persons/unit per
Census)
513 persons
Citywide Parkland Requirement 5 acres/1,000 people or
equivalent fees-in-lieu
Total Parkland Acreage or In-Lieu Fee
Required

2.56 acres / $5,921,071.60
Private Recreation/Open Space provided in
the Project
.87 acres
Public Recreation / Public Park Land
provided

0.0 acres
Balance of Parkland Acreage or In-Lieu
Fee Due
$3,912,520.00
b. Storm water connection fee at $16,771/acre for residential and $21,562/acre for commercial.
c. Water connection fee at $1,164/unit for residential, residential and $5.97/gpd for commercial, based upon increased water usage.

Page 980 of 1436 ends

30 d. Sewer connection fee at $1,406/unit for residential and $8.52/gpd for commercial, based upon increased average wastewater flow.
e. Wastewater Treatment Plant fee per MMC VIII, Chapter 2, Section 7.04. f. Calaveras Boulevard Widening Traffic Impact fee per Resolution No. 7894. g. 3.8% of applicable fees in accordance with City Resolution No. 8969 as Permitting Automation Fee.
h. FEMA Flood Zone Designation Letter fee in the amount of $100.00 each. i. Public Art Fee or Public Art on site, as set forth in Milpitas Municipal Code Section XI-10-14.

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

69. Fill and Retaining Wall Design in Sanitary Sewer Easement: The existing 10ft-wide sanitary sewer easement (SSE) located along the project property’s southern side property line shall be kept clear of all unauthorized structures, including any retaining walls. For the design of any fill and retaining walls in the area within and immediately adjacent to this SSE, Permittee shall select one of the following design options that are either called out on the approved civil plan sheets or discussed with City staff in a meeting that took place on September 19, 2023:
a. Permittee is to construct a retaining wall immediately north of the SSE to structurally support fill placed in the property’s southern area north of the SSE. No structural fill is to be placed within the SSE under this design option. b. Neighboring property to the south at 1301 California Circle (APN 022-38-002) to dedicate a slope easement along the north edge of the property line for the benefit of the project property. Permittee is to place sloped fill in said easement to structurally support fill placed in the project property’s southern area, including within the SSE.
c. Permittee is to propose a realignment of the existing SSE away from the southern side property line that would allow them to construct a retaining wall along said property line to structurally support fill placed in the project property’s southern area, including within the SSE. Any proposed SSE realignment is subject to the approval of the City and must provide adequate space for the City to properly access, maintain, repair, and replace the existing 18” City sanitary sewer main located within the SSE.

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

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

Page 981 of 1436 ends

31 71. Prohibition of Potable Water Usage: Permittee shall use recycled water for construction purposes, including dust control and compaction. Permittee shall comply with MMC VIII-6-

5.00 and 6-6.00 where potable water usage is prohibited, unless otherwise approved by the City Council.

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

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

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

74. Completion of Public Improvements: Permittee shall complete all public improvements, including but not limited to frontage improvements along California Circle, onsite City water and sewer mains and their appurtenances, and sectional liners for the sanitary sewer mains along the project frontage, as shown on City approved plans.

75. LOMR-F: Permittee shall submit the FEMA approved LOMR-F for each unit/building associated with the requested occupancy, if project is located in the SFHA. Lack of documentation will not preclude occupancy release.

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

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

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

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

LEGEND
P = Planning Department
B = Building Department

Page 982 of 1436 ends

32 E = Engineering Department
F = Fire Department
H = Housing Division
CAO = City Attorney’s Office
ALL = All Reviewing Departments

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

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

Dated: _________________ ______________________________________ Signature of Permittee

Page 983 of 1436 ends

Project Narrative
Pulte Group has moved forward toward the implementation of its previous approvals at 1355 California Circle. The site has been demolished, grading work and utility placement has begun.

The site was approved for 131 “for sale” townhomes and stacked condo units, as well as 75 “rental” apartment units.

The minor amendment that is being sought contemplates changing the design of the 75 unit apartment complex. The apartment site itself will not change (it is slightly under 1 acre in size).

The number of units and breakdown of affordability remains the same as well. There will still be 75 units and a minimum of 31 units would be low income, the rest would be moderate. We are still providing a 36.4% “BMR” contribution for this site.

The essential changes that are being sought are changing the configuration from studios/1 bdrm and 2 bdrm layout to 1/bdrm/2 bdrm and 3 bdrm layout. We feel that this will appeal to a greater number of families and obviously provide more affordability to a greater number of people. Additionally we are wanting to lower the overall height of the structure by approximately eighteen (18) feet. This provides a cost savings and adds to the overall aesthetic beauty of California Circle.

We are requesting some reduced setbacks along our frontage and side yard, however we are also increasing the open space from the previously approved 11.7% up to 25%.

This is a project that we feel will be a major support structure towards the City’s RHNA obligation, as well as a ideal place for affordable living.

Previously approved:
16 Studios/40 1 bdrm/19 2 bdrm
Amended Request:
30 1 bdrm
21 2 bdrm
24 3 bdrm
Building Height drops from 74’ 4" to 64’11”
Front setback is reduced from just over 18’ to 4’9” (to the one story element) Parking spaces stay the same
Side setback is increased from 2'5" to 4' 5"

Page 984 of 1436 ends

Pulte Group - 1355 California Circle
Density Bonus Waivers and Concession
(Narrative and Justification)
The previously approved project was granted 5 waivers under Density Bonus Law. The following represents the status and/or modification of those waivers:

Density - This project received a waiver by being allowed to develop at 30.7 DU’s per acre when the NCMU density was established at 21-30 DU’s per acre. Our minor adjustment does not change the previously approved density.

Parking - We are not seeking any change in the number of parking spaces that were previously approved on the earlier plan. We have the same number of parking spaces in the revised apartment complex and are within the State Density Bonus Guidelines.

Building Height - We sought and received a concession with regard to height for the entirety of the site. The General Plan and Zoning allowed for 3 stories and 45’ of total height. The products that were approved were 51’, 60’ and 83’ ( and 3,4 and 6 stories) being approved.

Additionally, the 6 story 83’ apartment building was considered a Significant Impact, that could not be mitigated under our EIR (City Council delivered a unanimous vote of overriding consideration) approving that particular element. Our Minor Adjustment lowers the apartment building height to 5 stories and just under 65’. Although this still is over the 45’ requirement, it lowers the overall height by just over 20%
Front Setback - We had received a waiver which required the front setback to be between 8’ at a minimum and 15’ at a maximum. Our approval actually allowed an 18’8” setback from our ROW (so we were greater than the maximum allowed). In this case, we are seeking a 4’9” front setback (to a one story element). We feel that this is justified by the significant lowering of the building height for the entire complex.

Page 985 of 1436 ends

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com A0.0 COVER SHEET
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/18/2024

PROJECT TEAM DIRECTORY

PULTE HOME COMPANY, LLC
4511 Willow Road

APPLICANT
Suite 8
Pleasanton, California 94588
A0.0 COVER SHEET
A0.1 FIRE ACCESS PLAN
A0.2 SOLID WASTE HANDLING PLAN
A2.0 BUILDING ELEVATIONS
A2.1 BUILDING ELEVATIONS
A2.2 PERSPECTIVE VIEW 1
A2.3 PERSPECTIVE VIEW 2
A3.1 BUILDING PLANS - LEVEL 1
A3.2 BUILDING PLANS - LEVEL 2
A3.3 BUILDING PLANS - LEVEL 3 (4 SIM.)
A4.0 SITE / BUILDING SECTIONS

ARCHITECTURE
CIVIL

LANDSCAPE
L.1 COMPOSITE LANDSCAPE PLAN
L.2 GROUND LEVEL LANDSCAPE PLAN
L.3 PODIUM LEVEL LANDSCAPE PLAN
**REDUCED SETBACK NECESSITATED BY FIRE REQUIREMENTS. FOR AERIAL APPARATUS ACCESS, FURTHEST POINT OF BUILDING FAÇADE REQ'D TO BE WITHIN 30' OF DRIVE AISLE. MEETINGS WITH FIRE DEPARTMENT HELD REGARDING PROPOSED SITE PLAN AND THIS DESIGN HAS BEEN INITIALLY SIGNED OFF ON. *EXCLUDES GARAGE
NOTES:

BICYCLE PARKING (MIN) 8 LONG TERM STALLS
FAR* 1.97 (81,057 SF TOTAL FLOOR AREA)
LOT COVERAGE (MAX) 75.8% (31,3165 SF BLDG FOOTPRINT)
OPEN SPACE 25% (10,350 SF) ON PODIUM DECK
SIDE (TOWNHOME) 11'-0"
SIDE (PRIVATE ST FRONTAGE) 4'-5" AT GROUND FLOOR**
SIDE (EAST - EXTERNAL PL) 14'-6"
FRONT (CA CIRCLE) 4'-9" TO 13'-7" (FROM BACK OF WALK)

SETBACKS
HEIGHT LIMIT 64'-11"
TOTAL UNITS 75 DU
DENSITY 80 DU/AC

RESIDENTIAL UNITS

PROPOSED

LAND USE RESIDENTIAL

ZONING MXD (MIXED USE DISTRICT)

GENERAL PLAN NCMU (NEIGHTBORHOOD COMMERCIAL

MIXED USE)
SITE AREA 0.94 ACRES (41,108 SF)
APN 022-38-007
PROJECT LOCATION 1355 CALIFORNIA CIRCLE, MILPITAS, CA

PROJECT NAME CA CIRCLE - AFFORDABLE

ZONING ANALYSIS
KTGY
17911 Von Karman Avenue

ARCHITECT
Suite 200
Irvine, CA 92614
CIVIL ENGINEERING ASSOC., INC
28 Railway Ave
CIVIL
Campbell, CA 95008

CANYON PARK STUDIO
910 Dogwood Street

LANDSCAPE
Costa Mesa, CA 92627
AG EHC II (PHM) CA 2, L.P.
8585 East Hardford Drive
OWNER
#118
Scottsdale, AZ 85255
UNIT TYPE UNIT NRSF COUNT TOTAL NRSF %
1 BEDROOM
1-01 MOBILITY 600 SF 22 13,200 SF 29%
1-02 INSIDE CORNER 602 SF 8 4,816 SF 11%
30 18,016 SF 40%
2 BEDROOM
2-01 MOBILITY 871 SF 18 15,678 SF 24%
2-02 ADAPTABLE 860 SF 3 2,580 SF 4%
21 18,258 SF 28%
3 BEDROOM
3-01 1,083 SF 4 4,332 SF 5%
3-02 MOBILITY 1,043 SF 8 8,344 SF 11%
3-02.1 MOBILITY 1,016 SF 8 8,128 SF 11%
3-03 MOBILITY 1,043 SF 4 4,172 SF 5%
24 24,976 SF 32%
TOTAL COUNT 75 61,250 SF 100%

2. THE RESIDENTIAL UNITS WILL BE DESIGNED TO BE ACCESSIBLE IN ACCORDANCE WITH THE CALIFORNIA BUILDING CODE.

1. ACCESS TO ALL PUBLIC AREAS IN AND AROUND THE BUILDING WILL BE DESIGNED TO BE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.

GENERAL NOTES
ALLOWABLE STORIES 4 STORIES (TYPE V-A)
SPRINKLER SYSTEM NFPA 13 PER SECTION 903.3.1.1

TYPE OF CONSTRUCTION TYPE V-A WOOD FRAME, TYPE I-A (GARAGE) OCCUPANCY CLASSIFICATION R-2, S-2, A-3, B, U

USE MULTI-FAMILY

SHEET INDEX BUILDING CODE ANALYSIS

RESIDENTIAL UNIT SUMMARY

PARKING PROVIDED
7'-6"W x 15'-0"D_COMPACT 35
9'-0"W x 18'-0"D_ADA 7
9'-0"W x 18'-0"D_STANDARD 35
9'-0"W x 18'-0"D_TANDEM 8
9'-0"W x 18'-0"D_USPS 1
SITE TOTAL 86

GROSS BUILDING AREA
AMENITY 3,474 SF
BIKE STORAGE 272 SF
CORRIDOR 9,621 SF
LAUNDRY 474 SF
LEASING 430 SF
LOBBY 2,850 SF
MAIL 391 SF
SUPPORT 4,173 SF
UNITS 63,221 SF
GROSS BUILDING AREA 84,907 SF

CITY OF MILPITAS' AFFORDABLE HOUSING INFORMATION
C1 PRELIMINARY GRADING & DRAINAGE PLAN
C2 PRELIMINARY UTILITY PLAN
C3 STORMWATER MANAGEMENT PLAN
C4 STORMWATER MANAGEMENT DETAILS
C5 SECTIONS & DETAILS
C6 SOLID WASTE HANDLING PLAN
C7 FIRE TRUCK ACCESS PLAN

1. ALL AFFORDABLE UNITS IN A PROJECT OR PHASE OF A PROJECT SHALL BE CONSTRUCTED PRIOR OR CONCURRENTLY WITH MARKET-RATE UNITS.

2. ALL AFFORDABLE UNITS SHALL BE REASONABLY COMPARABLE IN TERMS

OF FLOOR PLAN AND BASE FINISH AMENITIES TO MARKET RATE UNITS IN THE PROPOSED DEVELOPMENT.

3. THE QUALITY OF THE EXTERIOR DESIGN, LANDSCAPING, AND

CONSTRUCTION OF THE AFFORDABLE UNITS SHALL BE CONSISTENT WITH THE OTHER UNITS IN THE PROPOSED DEVELOPMENT.

4. AN EXECUTED AGREEMENT IMPOSING APPROPRIATE OWNERSHIP

CONTROLS ON THE AFFORDABLE UNITS IS REQUIRED PRIOR TO
CERTIFICATE OF OCCUPANCY.

NOTES

THE PROPOSED LOCATION OF THE

AFFORDABLE UNITS BY INCOME LEVEL AND BY

BUILDING AND LOCATION ON EACH FLOOR OF A

BUILDING
100% AFFORDABLE

THE UNIT SIZES (NET RESIDENTIAL SQUARE

FEET PER UNIT) FOR THE TOTAL PROJECT,

MARKET RATE UNITS, AND AFFORDABLE UNITS
SEE "RESIDENTIAL UNIT
SUMMARY" ON SHEET A0.0

FOR NET RENTABLE SF
(NRSF). ALL UNITS
AFFORDABLE.

HABITABLE SQUARE FEET FOR RESIDENTIAL

UNITS AND NET RESIDENTIAL SQUARE FEET OF

TOTAL PROJECT, AFFORDABLE UNITS, AND

MARKET RATE UNITS
SEE "RESIDENTIAL UNIT
SUMMARY" ON SHEET A0.0

FOR NET RENTABLE SF
(NRSF). ALL UNITS
AFFORDABLE.

GROSS SQUARE FOOTAGE OF PROJECTS

PROPOSED NON-RESIDENTIAL FLOOR AREA

THAT WILL REMAIN AS IS, AND ANY SQUARE

FOOTAGE OF NEW OR PROPOSED TO BE

CONVERTED NON-RESIDENTIAL FLOOR AREA

THAT IS EXEMPT FROM PAYING AFFORDABLE

HOUSING IMPACT FEES PURSUANT TO SECTION
5 OF THIS CHAPTER
ALL NEW CONSTRUCTION.

SEE "GROSS BUILDING
AREA" ON SHEET A0.0.

GROSS SQUARE FOOTAGE OF PROJECT'S

PROPOSED TOTAL RESIDENTIAL AREA AND

GROSS SQUARE FOOTAGE OF EXISITING

RESIDENTIAL AREA
0 SF EXISTING
RESIDENTIAL. FOR

PROPOSED, SEE TABLE
"GROSS BUILDING AREA"
ON SHEET A0.0

GROSS SQUARE FOOTAGE OF BUILDING BY

EACH USE INCLUDING PARKING USES
SEE "GROSS BUILDING
AREA" ON SHEET A0.0

RENTAL OR OWNERSHIP RENTAL

INCOME LEVEL ALL UNITS RESTRICTED TO

AT OR BELOW A LOW

INCOME LEVEL
NUMBER OF BELOW MARKET RATE UNITS 75 UNITS (100%)

EXCLUDES PARKING GARAGE AND SUPPORT SPACES WITHIN

THE GARAGE

Page 986 of 1436 ends

B
B
*
TYP.
24'-0"

GROUND FLOOR SETBACK
4'-5"

SETBACK
14'-6"
11'-0"
LOBBY

ROLL-UP GATE

CALIFORNIA
CIRCLE

PLUMBING
EQUIP.

ELEC.

RM.

TRASH ST
L
A
O

GING / MOVE-IN /
ADING
USPS/

DELIVERY
OVERHANG ABOVE LVLS 2-5 (RESIDENTIAL)
NATURALLY VENTILATED GARAGE.

OPENINGS IN ALL 4 SIDES
150' MAX HOSE PULL
150' MAX HOSE PULL
150' MAX HOSE PULL OUT OF ACCESS AREA
(FROM TOWNHOME
DRIVE)
APPROX. 82'-0"

STRAIGHT RUN STAIRS

TO PODIUM (FIRE
ACCESS) + ROOF
30' MAX TO RESIDENTIAL EXTERIOR

ON THIS FRONTAGE (FOR FIRE

AERIAL ACCESS)

STAIRS TO ROOF STAND PIPE ON BUILDING

EXTERIOR TO SERVE
"OUT OF ACCESS AREA"
29'-11"

FIRE ALARM CONTROL
ROOM
6'-0"
LADDER PAD (3' X 5')
5'-0" 5'-2"
3'-0"

SEE CIVIL

DRAWINGS FOR

OVERALL FIRE

MASTER PLAN

FIRE SPRINKLER RISER
ROOM

SIDEWALK FOR WEST STAIR

DISCHARGE, EASEMENT

ALONG INTERNAL STREET
OUT TO PUBLIC R.O.W. ON

CALIFORNIA CIRCLE

FIRE ACCESS PATHWAY

AROUND BUILDING PERIMETER
1,365 SF

AMENITY
1,481 SF
AMENITY 628 SF

AMENITY
150' MAX HOSE PULL
150' MAX HOSE PULL
150' MAX HOSE PULL OUT OF ACCESS AREA
(FROM TOWNHOME
DRIVE)
APPROX. 82'-0"

STRAIGHT RUN STAIRS

TO PODIUM (FIRE
ACCESS) + ROOF
30' MAX TO RESIDENTIAL EXTERIOR

ON THIS FRONTAGE (FOR FIRE

AERIAL ACCESS)

STAIRS TO ROOF STAND PIPE ON BUILDING

EXTERIOR TO SERVE
"OUT OF ACCESS AREA"

LANDSCAPE PATHWAY TO

ACCOMODATE LADDER PASSAGE

THROUGH DOORWAY
29'-11"

FIRE CACHE ROOM
(4' DOORWAY)
6'-0"
6'-0"

SEE CIVIL

DRAWINGS FOR

OVERALL FIRE

MASTER PLAN

SIDEWALK FOR WEST STAIR

DISCHARGE, EASEMENT

ALONG INTERNAL STREET
OUT TO PUBLIC R.O.W. ON

CALIFORNIA CIRCLE

FIRE ACCESS PATHWAY

AROUND BUILDING PERIMETER
+ -1' - 4"
LEVEL 1 - 13.2' FF
+ 13' - 7"
LEVEL 2
+ 23' - 7"
LEVEL 3
+ 33' - 7"
LEVEL 4
+ 43' - 7"
LEVEL 5
+ 52' - 7"
ROOF
+ 58' - 7"
T.O.PARAPET
+ 1' - 7"
LEVEL 1 - 16.1' FF
9'-0"

ROOF ACCESS
GARAGE
(TYPE IA CONSTRUCTION)
UNITS
(TYPE VA CONSTRUCTION)
PODIUM

COURTYARD
(OPEN TO

THE SKY)

CONCRETE
PODIUM
2-HR FIRE RATED ENCLOSURE

TYPE IA TYPE VA
35' LADDER (20-1" CLOSED LENGTH)
8'-0"

FIRE ACCESS

PATHWAY
4'-6"
4'-0" WIDE DOOR
35' LADDER
(20-1" CLOSED

LENGTH)
4'-0"

FIRE ACCESS

PATHWAY
8'-4"
35' LADDER
(20-1" CLOSED LENGTH)
PODIUM

COURTYARD
(OPEN TO SKY)
2-HR FIRE RATED

ENCLOSURE

AMENTIY UNIT
LANDSCAPE PATHWAY TO 4'-0" WIDE DOOR

ACCOMODATE LADDER

PASSAGE THROUGH

DOORWAY

FIRE CACHE
ROOM
6'-0"
6'-0"
4'-0"
0'

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com
10' 20' 40' A0.1

FIRE ACCESS PLAN
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
LVL 2 - FIRE 1" = 20'-0" 2 LVL 1 - FIRE 1" = 20'-0" 1
LEVEL 2 FIRE ACCESS 1/8" = 1'-0" 5 LEVEL 1 FIRE ACCESS 1/8" = 1'-0" 4 STAIR 1 (FIRE PODIUM ACCESS) 3/32" = 1'-0" 3
4,001–5,000 5 300 180

FIRE FLOW REQUIREMENT
(GPM)
MIN # OF HYDRANTS

AVG SPACING

BETWEEN

HYDRANTS (FT)

MAXIMUM DISTANCE FROM

ANYPOINT ON STREET OR

ROAD FRONTAGE TO A

HYDRANT
TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS

0.28 (2,812) + 0.72 (4,688) =
4,163 GPM MIN. FIRE

FLOW REQUIRED

THEREFORE
VA = 83,480/115/215 x 100 = 72%
IA = 31,735/115,215 x 100 = 28%

PERCENTAGE OF BUILDING
(a) The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2).

Type VA at 115,215 sf = 6,250 - (6,250 x 0.25) = 4,688
Type 1A at 115,215 sf = 3,750 - (3,750 x 0.25) = 2,812
Base Fire Flow (CFC
Table B105.1(2)
Max. Fire Flow
Reduction(a)
Req'd Fire Flow (GPM)

FIRE FLOW BASED ON CONSTRUCTION TYPE
TOTAL AREA 115,215 SF
RESIDENTIAL TYPE VA 83,480 SF
PARKING PODIUM TYPE IA 31,735 SF

BUILDING AREA

TOTAL BUILDING AREA

FIRE FLOW CALCULATION
5, 11/18/2024 Page 987 of 1436
B
B
B
D.S.

D.S.

PLAN 1
PLAN 1X
PLAN 2
A/C
A/C
A/C
B
B
B

TRASH STAGING /

MOVE-IN / LOADING
AREA

TRASH CHUTE

TERMINATION AND

COLLECTIONS ROOM
(26'-6" x 16'-6")
⁯26'-6"
⁯16'-6"

72.00"

34.75"
2YD

72.00"

50.75"
4YD

BIN SIZING
F.F. 14.8'

EX B/W 14.68
5'-5" TRASH

MANEUVERING

SPACE IN FRONT OF

ROLL UP DOOR
5'-5"
2% SLOPE

DN (SEE CIVIL)
+10'-0" VERTICAL

CLERANCE
10' WIDE ROLL UP

DOOR FOR TRASH BIN

MANEUVERING AND

PULL OUT

TERMINATION ROOM
4 YD
BIN
2 YD
BIN
4 YD
BIN
4 YD
BIN
2 YD
BIN
4 YD
BIN
⁯26'-6"
⁯16'-6"
30" DIAMETER

CHUTES ABOVE

EX B/W 14.3

TRASH TERMINATION
ROOM

ROLL OUT ACCESS PATH

TO TRASH STAGING
AREA. OPERATED BY

BUILDING MANAGEMENT
LEGEND
0'

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com
4' 8' 16' A0.2 SOLID WASTE HANDLING PLAN
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
75 14.9 0.04 2.0 1 1
UNITS LBS/WEEK/UNIT C.Y./WK/UNIT TOTAL C.Y. 2 C.Y. BINS REQUIRED # OF PICK UPS PER WEEK

ORGANIC WASTE - FOOD SCRAPS / FOOD SOILED PAPER (YARD TRIMMINGS EXCLUDED) 75 19.3 0.07 4.15 1 1
UNITS LBS/WEEK/UNIT C.Y./WK/UNIT TOTAL C.Y. 4 C.Y. BINS REQUIRED # OF PICK UPS PER WEEK

RECYCLING CALCULATIONS
75 16.4 0.12 9.0 2 1
UNITS LBS/WEEK/UNIT C.Y./WK/UNIT TOTAL C.Y. 4 C.Y. (NON COMPACT) BINS REQUIRED # OF PICK UPS PER WEEK

SOLID WASTE CALCULATIONS
WASTE GENERATED WEEKLY 4,515 LBS/WEEK
75 LBS/WEEK/UNIT 8.6 645 60.2
FAMILY METRIC UNIT CAL. FACTOR ESTIMATED WASTE (LBS/DAY) ESTIMTED TOTAL WASTE LBS/WEEK/UNIT Trash Truck Routing
Trash staging and truck loading area will be provided within the property.

The Waste company will pull out the bins from the termination room and move them to the trash loading area to commence operations. No ramp between termination room and loading area (except 2% slope for positive water drainage)
Trash Pickup Schedule
Trash Bins are anticipated to be on site at all times for once a week pickup schedule.

Tenants will not access the ground floor trash termination room directly.

Man-door for maintenance staff only. Individual tenants will deposit trash and recyclable materials into two separate chutes located in a trash room at each upper floor level. The non-compacted trash and recyclable materials will collect in 3 CY Bins in the trash termination room located on the ground floor. Organic trash (recyclable food scraps and food soiled paper waste) will be collected in a receptacle located in the trash room on each upper-level floor. The building porter will collect these receptacles and transport them in the trash termination room located on the ground floor. 2 CY trash bin is provided at the ground floor trash collection room to collect organic trash. Organic trash will not include yard trimming.

The trash chutes will contain a mechanism that will allow complete shutoff in order to remove/replace the bins as they require emptying and limit access to all other floors when any one chute door is opened.

A porter will be required to monitor the trash levels throughout the day as a part of daily duties.

Maintenance of Trash Rooms
The maintenance of the trash rooms will be monitored and managed by Property Management.

Roll Out Service and Pick-up
Trash collection bins will be moved from the termination room at Level 1 (parking structure) to the provided trash staging area along the path shown in the diagram. The property owner will contract for the property management company to provide on-site trash management to ensure that full bins are replaced with empty ones. A Service Provider will be contracted by the property owner to empty the bins as necessary per schedule.

The rental/ownership of the bins and the trash service for the tenants will be paid for by the building owner.

The Service Provider will be contracted to provide stinger-truck service for conveyance of bins to the curbside and collection of bins from the staging area.
11/18/2024 Page 988 of 1436
+ -1' - 4"
LEVEL 1 - 13.2' FF
+ 13' - 7"
LEVEL 2
+ 23' - 7"
LEVEL 3
+ 33' - 7"
LEVEL 4
+ 43' - 7"
LEVEL 5
+ 52' - 7"
ROOF
+ 1' - 7"
LEVEL 1 - 16.1' FF
9'-0" 10'-0" 10'-0" 10'-0" 12'-0"
VINYL WINDOWS HORIZONTAL "WOOD-LOOK"

COMPOSITE SIDING

ROOFTOP DECK

ABOVE LEASING SECURITY SCREENS IN

GROUND FLOOR GARAGE OPENINGS

OVERALL BUILDING HEIGHT
62'-5"
+ -1' - 4"
LEVEL 1 - 13.2' FF
+ 13' - 7"
LEVEL 2
+ 23' - 7"
LEVEL 3
+ 33' - 7"
LEVEL 4
+ 43' - 7"
LEVEL 5
+ 52' - 7"
ROOF
+ 1' - 7"
LEVEL 1 - 16.1' FF
9'-0" 10'-0" 10'-0" 22'-0"

ROOFTOP DECK VINYL WINDOWS

ABOVE LEASING

OVERALL BUILDING HEIGHT
64'-11"
HORIZONTAL "WOOD-LOOK"

COMPOSITE SIDING

GARAGE ENTRY

THIN SET BRICK VENEER
1 2

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com A2.0 BUILDING ELEVATIONS
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
BLDG ELEVATION - SOUTH 3/32" = 1'-0" 2
BLDG ELEVATION - EAST 3/32" = 1'-0" 1
11/18/2024 Page 989 of 1436
+ -1' - 4"
LEVEL 1 - 13.2' FF
+ 13' - 7"
LEVEL 2
+ 23' - 7"
LEVEL 3
+ 33' - 7"
LEVEL 4
+ 43' - 7"
LEVEL 5
+ 52' - 7"
ROOF
+ 1' - 7"
LEVEL 1 - 16.1' FF
12'-0" 10'-0" 10'-0" 10'-0" 9'-0"

VINYL WINDOWS
HORIZONTAL "WOOD-LOOK"

COMPOSITE SIDING

OVERALL BUILDING HEIGHT
66'-5"

SECURITY SCREENS IN

GROUND FLOOR GARAGE OPENINGS
+ -1' - 4"
LEVEL 1 - 13.2' FF
+ 13' - 7"
LEVEL 2
+ 23' - 7"
LEVEL 3
+ 33' - 7"
LEVEL 4
+ 43' - 7"
LEVEL 5
+ 52' - 7"
ROOF
+ 1' - 7"
LEVEL 1 - 16.1' FF
9'-0" 10'-0" 10'-0" 10'-0" 12'-0"
VINYL WINDOWS HORIZONTAL "WOOD-LOOK"

COMPOSITE SIDING SECURITY SCREENS IN

GROUND FLOOR GARAGE

OPENINGS

OVERALL BUILDING HEIGHT
59'-6"
1 2
0'

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com
16' 32' 64' A2.1 BUILDING ELEVATIONS
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
BLDG ELEVATION - NORTH 3/32" = 1'-0" 1
BLDG ELEVATION - WEST 3/32" = 1'-0" 2
11/18/2024 Page 990 of 1436

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com A2.2 PERSPECTIVE VIEW 1
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/18/2024
11/14/2024

Page 991 of 1436 ends

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com A2.3 PERSPECTIVE VIEW 2
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/18/2024
11/14/2024

Page 992 of 1436 ends

B
TYP.
24'-0"

LEASING

GROUND FLOOR SETBACK
4'-5"

SETBACK
14'-6"
11'-0"
LOBBY

ROLL-UP GATE

CALIFORNIA
CIRCLE

PLUMBING TRASH
EQUIP.

ELEC.

RM.

TRASH ST
L
A
O
G
A

ING / MOVE-IN /
DING
USPS/

DELIVERY
MAIL

OVERHANG ABOVE
LVLS 2-5
(RESIDENTIAL)
NATURALLY VENTILATED GARAGE.

OPENINGS IN ALL 4 SIDES
REST.

STOR.

FIRE
ALARM
RM
BIKE

STORAGE
MAINT.

DELIVERY IN GARAGE TO
ACCOMODATE 9.5' TALL

VEHICLE (AMAZON
DELIVERY VAN). LARGER

TRUCKS TO USE LOADING
ZONE AT SOUTH CURB.

LARGER TRUCK LOADING
ZONE (EX. UPS DELIVERY
TRUCK)

LADDER PADS
FIRE

SPRINKLER
RISER
0'

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com
16' 32' 64' A3.1
BUILDING PLANS - LEVEL 1
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
11/18/2024 Page 993 of 1436
*
1,365 SF

AMENITY
1,481 SF

AMENITY
628 SF

AMENITY
9,024 SF

LANDSCAPE
1,228 SF
L

LANDSCAPE
AUNDRY
TRASH
MEP
GARAGE BELOW (TYP.)
FIRE
CACHE

RM FIRE
CACHE
RM
9'-9 1/2"
5'-0 1/2" 4'-0"
6'-0"
6'-0"

SIDEWALK FOR WEST STAIR

DISCHARGE, EASEMENT

ALONG INTERNAL STREET
OUT TO PUBLIC R.O.W. ON

CALIFORNIA CIRCLE
0'

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com
16' 32' 64' A3.2
BUILDING PLANS - LEVEL 2
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
11/18/2024 Page 994 of 1436
DN

LAUNDRY
TRASH
MEP
FIRE
CACHE
RM
0'

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com
16' 32' 64' A3.3
BUILDING PLANS - LEVEL 3 (4
SIM.) # 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
11/18/2024 Page 995 of 1436
1 2
+ -1' - 4"
LEVEL 1 - 13.2' FF
+ 13' - 7"
LEVEL 2
+ 23' - 7"
LEVEL 3
+ 33' - 7"
LEVEL 4
+ 43' - 7"
LEVEL 5
+ 52' - 7"
ROOF
+ 58' - 7"
T.O.PARAPET
+ 1' - 7"
LEVEL 1 - 16.1' FF
12'-0" 10'-0" 10'-0" 10'-0" 9'-0" 6'-0"

UNITS UNITS

UNITS AMENITY

UNITS UNITS

GARAGE GARAGE
11'-0"

ROOFTOP MOUNTED CONDENSERS
(SCREENED BY LOWEST PARAPET)

DELIVERY INTO GARAGE TO ACCOMODATE
9'-5" TALL VEHICLE (AMAZON DELIVERY VAN.)

LARGER TRUCKS TO USE LOADING ZONE AT

SOUTH CURB

CLR OPENING HEIGHT
⁯10'-0"
+ -1' - 4"
LEVEL 1 - 13.2' FF
+ 13' - 7"
LEVEL 2
+ 23' - 7"
LEVEL 3
+ 33' - 7"
LEVEL 4
+ 43' - 7"
LEVEL 5
+ 52' - 7"
ROOF
+ 58' - 7"
T.O.PARAPET
+ 1' - 7"
LEVEL 1 - 16.1' FF
6'-0" 9'-0" 10'-0" 10'-0" 10'-0" 12'-0"

UNITS UNITS

UNITS UNITS
GARAGE

OVERALL BUILDING HEIGHT
63'-6"

ROOFTOP MOUNTED CONDENSERS
(SCREENED BY LOWEST PARAPET)
0'

SITE DEVELOPMENT PERMIT
ADJUSTMENT Architecture + Planning
888.456.5849
ktgy.com
16' 32' 64' A4.0 SITE / BUILDING SECTIONS
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
11/14/2024
BLDG SECTION E/W 3/32" = 1'-0" 1
BLDG SECTION N/S 3/32" = 1'-0" 2
11/18/2024 Page 996 of 1436
A/C
A/C
A/C
A/C
A/C
A/C FF 16.1 PAD 15.1
A A
C5 C5
C C
C5 C5
B
B C5 C5
D
D
C5
C5 FF 14.8
PREPARED FOR:

CALIFORNIA MILPITAS
Civil
Engineering Associates
• • 4511 Willow Road, Suite 8
Pleasanton, California 94588
Phone 925/249-3200 Fax 925/485-0291 Feet 0 20 40

SITE DEVELOPMENT PERMIT ADJUSTMENT
PRELIMINARY GRADING & DRAINAGE PLAN C1
----

CALIFORNIA CIRCLE PLANNING MODIFICATION ABBREVIATIONS EXISTING DESCRIPTION LEGEND TO BE CONSTRUCTED

Page 997 of 1436 ends

A/C
A/C
A/C
A/C
A/C
A/C
PREPARED FOR:

CALIFORNIA MILPITAS
Civil
Engineering Associates
• • 4511 Willow Road, Suite 8
Pleasanton, California 94588
Phone 925/249-3200 Fax 925/485-0291 Feet 0 20 40

SITE DEVELOPMENT PERMIT ADJUSTMENT
PRELIMINARY UTILITY PLAN C2
----

CALIFORNIA CIRCLE PLANNING MODIFICATION

Page 998 of 1436 ends

A/C A/C A/C A/C A/C A/C
DMA 36 DMA 35 PREPARED FOR: CALIFORNIA MILPITAS Civil Engineering Associates • • 4511 Willow Road, Suite 8 Pleasanton, California 94588 Phone 925/249-3200 Fax 925/485-0291 Feet 0 20 40
LEGEND

SITE INFORMATION AND NOTES SITE DEVELOPMENT PERMIT ADJUSTMENT STORMWATER MANAGEMENT PLAN C3 ---- CALIFORNIA CIRCLE <DESCRIPTION>

Page 999 of 1436 ends

BIOTREATMENT BASIN DETAIL NOTES TYPICAL BIOTREATMENT BASIN PLAN PREPARED FOR:

CALIFORNIA MILPITAS
Civil
Engineering Associates
• • 4511 Willow Road, Suite 8
Pleasanton, California 94588
Phone 925/249-3200 Fax 925/485-0291

SITE DEVELOPMENT PERMIT ADJUSTMENT
STORMWATER MANAGEMENT DETAILS C4
----

CALIFORNIA CIRCLE PLANNING MODIFICATION

Page 1000 of 1436 ends

SECTION A-A SECTION B-B SECTION C-C SECTION D-D
PREPARED FOR:

CALIFORNIA MILPITAS
Civil
Engineering Associates
• • 4511 Willow Road, Suite 8
Pleasanton, California 94588
Phone 925/249-3200 Fax 925/485-0291

SITE DEVELOPMENT PERMIT ADJUSTMENT
SECTIONS & DETAILS C5
----

CALIFORNIA CIRCLE PLANNING MODIFICATION

Page 1001 of 1436 ends

A/C
A/C
A/C
A/C
A/C
A/C
A/C
A/C
A/C
A/C
A/C
A/C

A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C
A/C
A/C
A/C
A/C
A/C
A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C APARTMENT BUILDING Feet 0 30 60 64-GALLON CART DETAIL APARTMENT BUILDING TRASH PICKUP PREPARED FOR:

CALIFORNIA MILPITAS
Civil
Engineering Associates
• • 4511 Willow Road, Suite 8
Pleasanton, California 94588
Phone 925/249-3200 Fax 925/485-0291

SITE DEVELOPMENT PERMIT ADJUSTMENT
SOLID WASTE HANDLING PLAN C6
----

CALIFORNIA CIRCLE PLANNING MODIFICATION LEGEND

Page 1002 of 1436 ends

MILPITAS FIRE TRUCK TURNING TEMPLATE
Feet 0 30 60
LEGEND PREPARED FOR: CALIFORNIA MILPITAS Civil Engineering Associates • • 4511 Willow Road, Suite 8 Pleasanton, California 94588 Phone 925/249-3200 Fax 925/485-0291 SITE DEVELOPMENT PERMIT ADJUSTMENT FIRE TRUCK ACCESS PLAN C7 ---- CALIFORNIA CIRCLE PLANNING MODIFICATION
NOTES

Page 1003 of 1436 ends

ADJACENT INDUSTRIAL
(NOT A PART)
NOTE:

REFER to SITEWIDE LANDSCAPE PLANS PREPARED by
VanderToolen Associates for SHRUB, GROUNDCOVER and
WATER QUALITY PLANT LEGENDS and NOTES
CONCEPT DESIGN 0'
Architecture + Planning
888.456.5849
ktgy.com
5' 10' 20' A0.3 SHEET TiTLE
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
November 15, 2024 08/292024

SITE DEVELOPMENT PERMIT
ADJUSTMENT L.1 COMPOSITE LANDSCAPE PLAN

C A L I F O R N I A C I R C L E

PODIUM LEVEL COURTYARD
(SEE SHEET L.3)

PROPERTY LINE

ADJACENT IMPROVEMENTS

UNDER SEPARATE SUBMITTAL
(NOT A PART)

ADJACENT

IMPROVEMENTS

UNDER SEPARATE

SUBMITTAL
(NOT A PART)

PODIUM LEVEL VIEW TERRACE
(SEE SHEET L.3)

GROUND LEVEL LANDSCAPE
(SEE SHEET L.2)

AMENITY

AMENITY
ELEV.

LOBBY

AMENITY

CANYON PARK STUDIO
949.612.5191
canyonparkstudio.com
910 Dogwood Street /// Costa Mesa, CA 92627

L A N D S C A P E A R C H I T E C T U R E

Page 1004 of 1436 ends

ADJACENT INDUSTRIAL
(NOT A PART)

C A L I F O R N I A C I R C L E

PROPERTY LINE

ADJACENT IMPROVEMENTS

UNDER SEPARATE SUBMITTAL
(NOT A PART)

ADJACENT

IMPROVEMENTS

UNDER SEPARATE

SUBMITTAL
(NOT A PART)
CONCEPT DESIGN 0'
Architecture + Planning
888.456.5849
ktgy.com
5' 10' 20' A0.3 SHEET TiTLE
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
November 15, 2024 08/292024

SITE DEVELOPMENT PERMIT
ADJUSTMENT L.2 GROUND LEVEL LANDSCAPE PLAN
4’ WIDE CONCRETE WALKWAY
EXISTING WALL/FENCE with 5 GAL.

CLIMBING VINES LOCATED 15’ O.C.

WATER QUALITY PLANTER, TYP.
- see Civil Engineer’s Plans

LEASING
LOBBY
MAIL

PARKING

STRUCTURE
LAGERSTROEMIA x ‘NANCHEZ’

WHITE FLOWERING CRAPE MYRTLE TREE
24” BOX, LOW WATER USE, (8) TOTAL
LADDER PAD, TYP.
- per Fire Dept. Requirements
REFER to STREETSCAPE IMPROVEMENT
PLANS PREPARED by VanderToolen Associates
FOR STREET TREES, PARKWAY PLANTING and

WALKWAY
NOTE:

REFER to SITEWIDE LANDSCAPE PLANS PREPARED by
VanderToolen Associates for SHRUB, GROUNDCOVER and
WATER QUALITY PLANT LEGENDS and NOTES

CANYON PARK STUDIO
949.612.5191
canyonparkstudio.com
910 Dogwood Street /// Costa Mesa, CA 92627

L A N D S C A P E A R C H I T E C T U R E

Page 1005 of 1436 ends

SHADE STRUCTURE with

FURNISHINGS
CHILDREN’S PLAYGROUND
- separate play equipment for ages
2-5 and 5-12
- resilient surfacing
- benches

DINING TERRACE
- barbecues
- picnic tables
- raised planter with flowering accent trees

CLUB TERRACE
- lounge seating
- ping pong table
- umbrellas
OLEA EUROPEA ‘WILSONII’

FRUITLESS OLIVE TREE
36” BOX, LOW WATER USE, (1) TOTAL

VIEW TERRACE
- pottery
- lounge furniture
- game table
- umbrellas
PRUNUS BRIGHT ‘N’ TIGHT in LARGE POTS’

CAROLINA LAUREL
24” BOX, LOW WATER USE, (9) TOTAL.

LADDER PAD, TYP.
- per Fire Dept. Requirements
CONCEPT DESIGN 0'
Architecture + Planning
888.456.5849
ktgy.com
5' 10' 20' A0.3 SHEET TiTLE
# 240196 1355 California Circle,
Milpitas, CA 95035

CA CIRCLE - AFFORDABLE
November 15, 2024 08/292024

SITE DEVELOPMENT PERMIT
ADJUSTMENT L.3 PODIUM LEVEL LANDSCAPE PLAN

AMENITY

AMENITY
ELEV.

LOBBY

AMENITY
NOTE:

REFER to SITEWIDE LANDSCAPE PLANS PREPARED by
VanderToolen Associates for SHRUB, GROUNDCOVER and
WATER QUALITY PLANT LEGENDS and NOTES

CANYON PARK STUDIO
949.612.5191
canyonparkstudio.com
910 Dogwood Street /// Costa Mesa, CA 92627

L A N D S C A P E A R C H I T E C T U R E

POTTERY WITH EVERGREEN SHRUBS

Page 1006 of 1436 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a General Plan Amendment to Update the Town Center (TWC) and Neighborhood Commercial Mixed-Use (NCMU) Descriptions and an Ordinance Approving a Zoning Amendment to Establish the NCMU District and Update the Existing Town Center District to Create Housing Opportunity Districts (HODs) (Staff Contact: Jay Lee, Planning Director, 408- 586-3077)
Category: Public Hearings-Community Development
Meeting Date: 4/15/2025
Recommendation: (1) Conduct a public hearing and determine that the Environmental Impact Report (EIR) Addendum and Supplemental Letter to the Addendum adequately analyze the potential environmental impacts associated with the proposed General Plan and Zoning Amendments and are in compliance pursuant to CEQA Guidelines §15162 and §15164, (2) Adopt a resolution approving General Plan Text and Map Amendment No. GP24-0001 to update the Town Center (TWC) and Neighborhood Commercial Mixed-Use (NCMU) descriptions and amend the land use designation of certain parcels; and (3) Move to waive the first reading beyond the title and Introduce Ordinance No. 38.857 approving Zoning Text and Zoning Map Amendment No.

ZA24-0001 to establish the Neighborhood Commercial Mixed-Use (NCMU-1,2,3) district and subdistricts, and update the existing Town Center (TC districts to establish the subdistricts (TC-1,2,3).

BACKGROUND:

Since 1969, California law has required all cities and counties to plan to meet housing goals for residents at all income levels. Every eight years, the California Department of Housing and Community Development (HCD) and the Association of Bay Area Governments (ABAG) distribute the Regional Housing Needs Allocation (RHNA) to each City and County in the Bay Area. The City is then required to perform a comprehensive update to the Housing Element, which is a chapter in the General Plan. The Housing Element identifies specific programs and policies that the City commits to implement to help realize the City’s RHNA goals and respond to related needs. When the City adopted its most recent General Plan on March 9, 2021, one aspect of its overall development plan and efforts to meet increasing housing needs was the expansion of multifamily residential opportunities in and around commercial space and aging centers to encourage and support commercial redevelopment and economic activity in these areas. When the City adopted its most recent Housing Element on January 24, 2023, that plan identified the opportunity and ability for greater residential growth in several areas of the City, including the Town Center (TWC) and Neighborhood Commercial Mixed Use (NCMU) zones and proposed additional planning and study to fulfill this opportunity and need.

In response to California's pressing affordable housing shortage and homelessness crisis, Governor Newsom's 2019-20 Budget Act earmarked $250 million for initiatives addressing these challenges. Notably, $119 million was allocated to the Local Early Action Planning Grant (LEAP), an essential non-competitive program empowering cities and counties to update planning documents and expedite housing production.

On June 29, 2020, the City of Milpitas applied for LEAP funding to establish Housing Opportunity Districts (HODs) in priority areas outlined in its General Plan. The HODs are designed to incentivize housing by allowing increased density, relaxing standards, and streamlining permitting processes to facilitate housing, especially affordable housing production. On September 2, 2020, HCD informed staff that the City of Milpitas had been awarded $300,000 in grant funds through the LEAP Program to establish the Housing Opportunity Districts (HOD).

Page 1007 of 1436 ends

On December 7, 2021, the City Council approved and authorized the City Manager to execute a professional services agreement with Raimi + Associates (Raimi) to prepare the HODs in close coordination with related efforts underway, including the Metro and Gateway Specific Plans, the Housing Element Update, and a separate Assessment of Fair Housing. Per the grant agreement, the HODs project must be completed by June 30, 20244. Although this deadline has passed, HCD has granted the City extra time to close out the project.

The HOD project plays a critical role in implementing both the General Plan and the Housing Element to increase housing in the city while creating vibrant mixed-use neighborhoods.

Work Completed
• Best Practices Memo: The memo provides an overview of example HODs from other cities, especially as they relate to the creation of affordable housing units and housing for special needs populations.

Three of the examples focus on affordable housing and one on senior housing. Each precedent study identifies strengths and weaknesses that can inform the consideration and development of new HODs in Milpitas.
• Planning Documents and Process Assessment: The assessment memo reviews and summarizes existing planning documents and ordinances that impact the development of housing across the City and identifies strengths that can be enhanced and weaknesses that can be overcome through HODs. • Existing Conditions Analysis: The analysis of existing conditions examines each potential HOD area and estimates the feasible development capacity based on Milpitas’ current land use and zoning policies and regulations. Topics covered include the existing land use pattern, parcel size, pipeline projects, access to multimodal transportation options, site constraints, and opportunity sites. • Stakeholder Meetings: Raimi and City staff presented an overview of HODs at the May 2022 Community Development Roundtable and subsequently conducted stakeholder interviews with nonprofit and for-profit housing developers to better understand the constraints to building both mixedincome and 100 percent affordable housing projects. • 1
st City Council Progress Report: On August 9, 2022, the City Council received a progress report on the work completed and existing conditions analysis from Raimi and staff on the HODs, discussed Project objectives and priorities, and provided direction on key planning concepts and land use strategies.
• Video presentation and survey: Recognizing the technical nature and limited geographic scope of the Project, the team produced a series of informative videos that outlined the Project's intricacies and presented draft recommendations. The videos were published on the City’s website and were followed by an open-ended survey asking the viewers to give feedback on the draft recommended standards for the NCMU and TC areas.
• Pop-up Stations: The City hosted four dedicated pop-up events at four different locations, which allowed City staff an opportunity to explain the Project in person. Visitors, business owners, and property owners were directed to watch the informative videos and take part in the survey to provide feedback.
• 2
nd City Council Progress Report: On October 17, 2023, the City Council received a progress report on the HODs from Raimi and staff and provided feedback on the preferred alternative. • Draft HOD Project and CEQA: Raimi prepared an internal Administrative Draft of the HODs for staff review and initiated the environmental review process per the California Environmental Quality Act (CEQA). The environmental review, conducted by Rincon Consultants, Inc., established an Addendum to the Milpitas General Plan 2040 EIR State Clearinghouse #2020070348. • Planning Commission Hearing: On April 24, 2024, the Planning Commission held a public hearing on the HODs. The Planning Commission (5-0) recommended that the City Council approve the Project. • Additional Community Meetings: Following the Planning Commission hearing, staff held three followup community meetings on May 30, 2024, August 26, 2024, and December 9, 2024, to further discuss the Project and address community concerns. The meetings were well attended, with 45 community members at the first meeting, 27 at the second meeting, and 39 at the third meeting. Community members had concerns about the Project regarding the City’s existing infrastructure, including potential traffic impact to the City, particularly on and around Landess Avenue, parking, school district student capacity, potential building heights and privacy, affordable housing and the potential for increase in crime, property values, fiscal impact to the City, and lack of healthcare. As a result of these meetings,

Page 1008 of 1436 ends

staff has modified the proposed development standards within the HODs, as well as removed certain parcels from the HOD Project area.

Project Goals
The HOD Project was initiated to increase the housing supply in the City of Milpitas while simultaneously reducing barriers associated with new housing construction. The overarching goals of the HOD Project include:

Implementing General Plan policies
The HOD is intended to implement several General Plan policies identified through an extensive public input process.

Meeting current and future regional housing needs (RHNA) The City fell short in meeting its very low-, low-, and moderate-income regional housing targets over the implementation phase of the previous Housing Element and needs to plan for more housing, especially affordable housing, to overcome its housing shortfall.

Incentivizing affordable housing
Another goal is to incentivize affordable and special needs housing in the City. By creating tailored zoning regulations, these zones will help facilitate the production of all housing types. Moreover, 100 percent affordable housing projects in NCMU and TWC are exempt from non-residential requirements.

Revitalizing aging shopping centers
Many existing commercial centers are underperforming, and their redevelopment as mixed-use projects may revitalize public spaces while adding to the City’s tax base.

ANALYSIS:

Project Summary
The HOD Project introduces a comprehensive General Plan amendment and zoning update within the NCMU and the TC areas of the City to allow for horizontal and vertical mix of uses, enhancing the viability of mixeduse projects.

Based on the analysis completed for this HOD Project, the proposed zoning adopts a place-based and flexible approach. It establishes three distinct NCMU zones (NCMU1, NCMU2, and NCMU3) and three TC zones (TC1, TC2, and TC3). These zones consider parcel size, location, current use, and future potential. Each zone permits increased residential density and a reduced minimum non-residential floor area ratio (FAR), promoting versatility in development. Concurrently, the Project outlines General Plan amendments to update the definitions associated with these land use designations, as well as a General Plan land use map amendment.

The proposed NCMU Zones are:

1. NCMU1: includes big box retail and grocery stores with large surface parking lots. Parcels designated NCMU1 require a minimum 0.20 FAR of non-residential use for mixed-use developments, with a 0.50 FAR maximum. No minimum FAR for commercial only projects.

2. NCMU2: includes smaller parcels with commercial uses along streets, which are ideal for mixed-use development. Parcels designated NCMU2 require a minimum of 0.1 FAR of commercial use, primarily on the ground floor with residential units above, for the first 100 feet of parcel depth fronting a public street, with a 0.50 FAR maximum. No minimum FAR for commercial only projects.

3. NCMU3: includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones. NCMU3 would allow commercial, mixed-use, or residential-only development with no minimum commercial requirement. No minimum FAR for commercial only projects, but there is a 0.50 FAR maximum.

In all three NCMU zones, the maximum FAR does not apply to hotels. Building heights are limited to 60 feet and five stories.

Figure 1: NCMU Zone locations

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Changes since April 2024
Following staff’s presentation at the April 24, 2024 Planning Commission hearing, staff held three community meetings to discuss community concerns. As a result, staff has modified the development standards within the NCMU zoning districts, as well as removed three parcels (APNs 088-34-109, -110, and -111) from the NCMU Landess area. Specifically, staff is recommending lowering the density from 65 du/acre to 60 du/acre for all three NCMU zones and lowering the maximum building height from 75 feet to 60 feet, or five stories, whichever is less. Additionally, the minimum rear yard setback on lots that abut single-family residential zones has been increased from 15 to 25 feet. Staff also has reduced the commercial FAR minimums and maximums for mixeduse projects in all three NCMU zones, and added clarifying language regarding FAR minimums for commercial-only projects and FAR maximums for hotel projects. The FAR revisions are a result of speaking with developers and property owners.

The intent of the HODs Project is to allow mixed-use buildings horizontally and vertically, while also allowing for financially feasible development projects that incentivize affordable housing. The Housing Element identified that the minimum requirement of commercial FAR for mixed-use projects may impede redevelopment of parcels in these zones. By reducing the commercial FAR minimums and maximums for mixed-use projects, HODs makes redevelopment financially feasible for private developers and property owners. The General Plan Text Amendment accompanying this Project contemplates a maximum commercial FAR up to 0.5 within these areas and says that the NCMU designation is intended to accommodate a vertical and horizontal mix of commercial and residential uses with an emphasis on neighborhood commercial activity. Moreover, the existing General Plan language says that this designation provides opportunities for vertical and horizontal mixed-use residential development to provide for area vibrancy and to encourage the development of aging commercial centers. Although the minimum and maximums commercial FARs are lower than previously presented, the HOD Project still meets the intent of the General Plan NCMU land use designation. The original memorandum (Attachment B) lays out the initial framework and development standards. However, the revised development standards and General Plan Map changes are reflected within Exhibit A to Exhibit 1 of Attachment E and Exhibit A to Exhibit 1 of Attachment A, respectively.

The proposed TC Zones are:

1. TC1: includes some successful big box retail centers with long-term leases with large surface parking lots. Parcels designated TC1 require a minimum 0.35 FAR of non-residential use for mixed-use developments.

2. TC2: includes smaller parcels with commercial uses along streets, which are ideal for mixed-use development. Parcels designated TC2 require a minimum of 0.1 FAR of commercial use, primarily on the ground floor with residential units above.

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3. TC3: includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones. TC3 would allow commercial, mixeduse, or residential-only development with no minimum commercial requirement.

In all three TC zones, the maximum FAR is limited to 0.85. The maximum does not apply to hotels. Building heights are also limited to 75 feet or six stories, whichever is less.

Figure 2: TC Zone locations
Furthermore, the HOD Project recommends a reduction in parking and open space requirements, aiming to enhance project feasibility. These proposed adjustments align with the overarching goals of the General Plan, specifically focusing on revitalizing aging shopping centers and fostering the creation of dynamic mixed-use neighborhoods.

Changes since April 2024
As a result of the community meetings and further outreach with property owners in 2024, staff has modified the development standards within the TC zoning districts. Specifically, staff is recommending increasing the maximum allowable density from 55 to 65 du/acre and added clarifying language regarding commercial FAR minimums and maximums and building height. The original memorandum (Attachment B) lays out the initial framework and development standards. However, the revised development standards are reflected within Attachment E.

Other Development Standards
Parking
Parking standards in Milpitas are generally high, except in Specific Plan areas. Accommodating a greater number of parking spaces would require substantial surface area or large structured parking garages, consequently increasing the cost of the project. Thus, to enhance the feasibility of housing development in the NCMU and TC zones, the HOD Project proposes a reduction in the residential parking requirement.

Lower parking ratios will apply to areas designated NCMU and TC. For projects located in NCMU and TC:
• The minimum number of parking spaces required for residential uses shall be 1 space per unit. • The minimum number of parking spaces required for commercial use shall be 1 space per 300 square feet of commercial use.

These standards are set at levels that provide adequate parking for the contemplated uses while facilitating a higher density of development these zones are designed to accommodate.

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Parks and Open Space
To allow housing or mixed-use developments in the NCMU and TC zones, the HOD Project proposes a reduction in the park land requirement compared to the citywide standard. Nevertheless, considering heightened population densities, it is crucial to emphasize the significance of high-quality open spaces in contributing to placemaking for both existing and future residents. A minimum of 25 percent of the total site shall be usable open space or recreational facilities. This goes above and beyond the existing 5 or 10 percent Objective Design Standard (ODS) requirements the City has generally adopted to promote a variety of vibrant, publicly or private accessible spaces that encourage gathering and other active uses.

For projects located in the NCMU and TC zones, the following standards shall apply:
• Park Land. All residential projects in the NCMU and TC areas shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population. This is a reduction from the citywide requirement of five (5) acres per one thousand (1,000) population. • Publicly Accessible Parks and Open Spaces. All mixed-use or residential-only projects on sites between 3 acres and 5 acres shall dedicate 5 percent of total site area to publicly accessible parks and open space. All mixed-use or residential-only projects greater than 5 acres shall dedicate 10 percent of total site area to publicly accessible parks and open space. Publicly accessible parks and open spaces provided to meet the requirement below may be counted towards the park land requirement above. • Usable Open Space. A minimum of 25 percent of the total site shall be usable open space or recreational facilities. Usable open space may be provided as Common Open Space or Private Open Space.

General Plan Implementation
The HODs will be a critical implementation tool of the 2040 General Plan, which identifies several opportunity areas throughout the City for future housing development. These areas include the two Specific Plan areas (Metro Specific Plan and Gateway-Main St. Specific Plan), four NCMU areas, and the Town Center. The City adopted its updated Metro Specific Plan on February 7, 2023 and is currently updating its Gateway-Main St.

Specific Plan. The HODs will apply to three NCMU areas (as shown in Figure 1: NCMU Zone Locations) and the Town Center, where much of the future housing development is expected to occur. However, the current policies and requirements of the NCMU and TWC land use designations need to be refined to facilitate and incentivize mixed-use redevelopment in these areas and increase local commercial activity.

The NCMU land use designation establishes a ratio of one residential dwelling unit per 1,500 square feet of neighborhood-serving retail and commercial services for new mixed-use developments. While this requirement is intended to incentivize the redevelopment of older strip retail centers into new mixed-use projects, redevelopment is unlikely to occur under the current policy framework. Based on the analysis completed for the HOD project, the consultant team and staff now favor a clear allowable density range rather than a ratio between residential and nonresidential floor area. In the NCMU areas, the HODs proposes a maximum residential density of 60 dwelling units per acre and a minimum commercial FAR of 0.10 or 0.20 depending on the parcel. 100 percent residential projects are allowed in certain areas adjacent to existing residential neighborhoods.

The TWC land use designation allows 40 residential dwelling units per acre for mixed-use developments but requires a high FAR of 0.35 for nonresidential uses. While the purpose of the nonresidential FAR requirement is to ensure that the Town Center retains its commercial activity over time, it presents a constraint to redevelopment. The current FAR of the Town Center north of Calaveras Boulevard is well below 0.35 and any redevelopment would require an additional 323,000 square feet of nonresidential floor area, which is highly unlikely in the current economic climate. In the TWC area, the HODs proposes a maximum residential density of 65 units per acre and a reduced minimum commercial FAR of 0.10 in areas ripe for redevelopment. Like the NCMU designation, 100 percent residential projects are allowed in certain areas adjacent to existing residential neighborhoods.

The HODs will build upon new General Plan policies for the NCMU and TWC areas by providing a more implementable strategy to achieve the overall goal of creating vibrant mixed-use neighborhoods in key areas throughout the City. The HODs will adopt a place-based approach to facilitate mixed-use redevelopment of specific sites within these areas while allowing viable commercial centers to remain.

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Relevant General Plan goals and policies related to NCMU and TWC include:
• Goal LU-1: Accommodate a well-balanced mix of land uses that meet the diverse needs of Milpitas residents, businesses, and visitors with places to live, work, shop, be entertained and culturally enriched.
• Goal LU-6: Support commercial centers that serve residential neighborhoods and provide for a variety of convenient, successful and attractive commercial uses throughout the city. • Policy LU 6-4 Maintain viable neighborhood-serving commercial uses throughout the City in order to serve surrounding neighborhoods and minimize vehicle miles traveled. Encourage a diverse mix of commercial uses including retail, service, office, entertainment, and assembly uses. • Policy LU 6-5 Promote reinvestment in strip commercial and shopping centers and maintain, revitalize, and redevelop aging and underperforming centers.
• Policy LU 6-6 Encourage redevelopment and intensification of mixed-use areas by allowing standalone vertical mixed-use, or integrated horizontal mixed-use projects in mixed use areas, consistent with the Land Use Map and policies and actions included in this element.

The HOD Project reexamines these land use designations and proposes a General Plan amendment to align them with the evolving needs and goals of the community.

Housing Element Implementation
In January 2023, the City of Milpitas approved its 6th Housing Element, which outlines programs and actions the City will undertake to fulfill its regional housing growth obligations (RHNA). In the current RHNA cycle (2023-2031), the City of Milpitas has been allocated 6,713 units, more than double the allocation from the previous cycle. Furthermore, 3,786 of the units must be affordable (i.e., below market rate), with 2,655 of those units at the low- or very-low-income affordability level, which the City historically has struggled to provide.

To address this challenge, the HODs will focus on providing practical and effective incentives for developers to build affordable housing, especially at deeper affordability levels. The Housing Element Update will rely on the HODs as a key program to implement its policies and help the City fulfill its housing goals and needs.

Relevant Housing Element goals and policies related to NCMU and TWC include:
• Goal HE-3: Continually assess the barriers to new housing production and proactively mitigate the governmental constraints to new housing development.
• Policy HE 3.3: Implement recommendations in the Housing Opportunity Zone (HOZ) study to reduce barriers to new affordable housing production while balancing the need for convenient neighborhoodserving retail stores and services for existing and future residents. • Policy HE 3.7: Support the adaptive reuse, renovation, conversion, or redevelopment of economically underutilized properties or buildings for residential or mixed-use development.

The Housing Element identified the existing General Plan definitions of NCMU and TWC as restrictive and potential barriers to new housing development. The NCMU designation also falls short of the minimum density threshold deemed effective for contributing to low-income housing, as stipulated by the State’s Housing and Community Development (HCD) department guidelines to accommodate RHNA in the Housing Element. To overcome this constraint, the Housing Element identified an action to establish HODs with higher residential densities, flexible commercial and development requirements, and incentives for affordable housing.

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Findings for Approval
A finding is a statement of fact relating to the information that the City Council has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action. The Municipal Code specifies that the following findings are necessary for the action contemplated:

General Plan Amendments (Milpitas Municipal Code Section XI-10-57.02(G) (1) (a), (b))

1. The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

The proposed General Plan Map and Text Amendments are found to be internally consistent with those portions of the General Plan which are not being amended. The amendments do not introduce any conflicts or inconsistencies with the existing goals, policies, or programs of the General Plan. Instead, they build upon the existing framework of the General Plan, enhancing its effectiveness and relevance to current and future planning efforts. The General Plan envisioned opportunities in the NCMU for redevelopment of aging commercial centers by allowing multifamily dwelling units. The proposed changes facilitate this overall objective for the Project area consistent with planning objectives throughout the City and in a manner that is consistent and flexible with redevelopment needs. The General Plan similarly envisioned opportunities in the TWC for mixeduse and residential only projects that increase economic support for the commercial uses. These changes further the redevelopment of major shopping centers in these areas in a manner that supports economic growth. These changes also further the larger objectives of the General Plan for supporting the community’s housing needs and guiding that development towards areas that can support this growth. The proposed changes are carefully integrated into the existing General Plan, ensuring that they align with its overall vision and objectives.

Pursuant to California Government Code Section 65863:

The Project scope includes a General Plan Map Amendment to remove the NCMU land use designation and to revert the land use designation back to General Commercial (GNC) on certain parcels. Although this would remove the allowance of housing on certain parcels, the proposed overall density in both TWC and NCMU General Plan land use designations have been greatly increased.

Further, the Project site or a portion thereof was not identified in the Housing Element to accommodate a portion of the regional housing need. The 2021 General Plan update established the new NCMU land use designation, but the Zoning Ordinance had not yet been updated to reflect this change. For the Housing Element Sites Inventory, only vacant parcels or parcels with developer interest with the NCMU land use designation were considered with an assumed maximum density of 30 dwelling units per acre. Additionally, Program 15 of the Housing Element sets a goal to foster the development of at least 200 affordable housing units in the housing opportunity zones (districts) (TC and NCMU). Based on the City’s Affordable Housing Ordinance (AHO), which requires 15 percent of total units to be affordable within a new development project, the Program 15’s goal of 200 affordable units, and HCD’s requirement to plan for at least a 30 percent buffer in planning for residential units, the minimum number of residential units needed to comply with the Housing Element is 1,733 units. Moreover, the Project would result in approximately 2,156 new residential housing units compared to existing conditions across both districts, which greatly exceeds the minimum number required for Housing Element compliance. Any reduction in residential density, as defined in Government Code Section 65863(g), is consistent with the General Plan, together with the Housing Element, because the Project continues to remove potential barriers to redevelopment of housing projects while preserving necessary commercial opportunities that will support that development and fulfill the planned vision of these zones. The Project’s residential density is consistent with the Housing Element, and the remaining sites identified in the Housing Element remain unchanged and are adequate to meet the requirements of Government Code Section 65583.2 and accommodate the City’s share of the regional housing need pursuant to Section 65584. This finding demonstrates that the Project is not subject to Government Code Section 65583.2 and will still ensure that the City can accommodate the remaining

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share of the regional housing need pursuant to Section 65584.

2. The proposed amendment will not adversely affect the public health, safety, and welfare.

Additionally, the amendment is in compliance with applicable state and local laws, including the CEQA. The proposed changes are supported by relevant data and analysis, demonstrating that they will not result in adverse impacts on the environment or public health, safety, or welfare. These changes increase housing and affordable housing stock to meet growing regional needs and expand the opportunity and flexibility of mixed-use development in areas identified by the City of being capable of sustaining additional and denser residential development. Also, the City retains authority through discretionary approvals to address project-specific health, safety, and welfare concerns. This amendment enables the City to modify its current Mixed Use Designations to prioritize the preservation of existing neighborhoods, channeling new housing growth to specific areas, and revitalize some of the older neighborhood-serving commercial land uses that support citywide community goals outlined in the Milpitas 2040 General Plan, specifically Goal LU-1:

Accommodate a well-balanced mix of land uses that meet the diverse needs of Milpitas residents, businesses, and visitors with places to live, work, shop, be entertained and culturally enriched, and Goal LU-6: Support commercial centers that serve residential neighborhoods and provide for a variety of convenient, successful and attractive commercial uses throughout the city.

Zoning Map and Text Amendments (Milpitas Municipal Code Section XI-10-57.02(G)(3) (a), (b))

1. The proposed amendment is consistent with the General Plan.

The proposed text amendments are consistent with General Plan Policy LU 6-6, which states to encourage redevelopment and intensification of mixed-use areas by allowing standalone vertical mixed-use, or integrated horizontal mixed-use projects in mixed use areas, consistent with the Land Use Map and policies and actions included in this element. The proposed zoning adopts a place-based and flexible approach by establishing three distinct NCMU zones (NCMU1, NCMU2, and NCMU3) and three TC zones (TC1, TC2, and TC3). These zones consider factors such as parcel size, location, current use, and future potential. Each zone permits increased residential density and a reduced minimum non-residential FAR, promoting versatility in development. The Housing Element supports this change with Policy HE 3.7: support the adaptive reuse, renovation, conversion, or redevelopment of economically underutilized properties or buildings for residential or mixed-use development. This is further supported by the General Plan’s proposed text updates associated with this Project to ensure consistency between the Zoning Text and the General Plan. The Project is specifically consistent with General Plan Policy LU 6-5, which states to promote reinvestment in strip commercial and shopping centers and maintain, revitalize, and redevelop aging and underperforming centers. The proposed map amendments are consistent with the text amendments and the General Plan because the proposed map changes to the identified parcels, zoned TC and NCMU, are also implementing the existing General Plan land use designations. Furthermore, the proposed amendments introduce specific development standards related to permitted uses, parking, and open space, which are intended to implement the General Plan vision for the NCMU and TWC designations.

2. The proposed amendment will not adversely affect the public health, safety and welfare.

The amendments have been carefully reviewed and analyzed to assess their potential impacts on

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public health, safety, and welfare. This analysis has been done through a place-based approach sensitive to the needs and circumstances of the areas that will be rezoned. These areas have been selected as being capable of supporting this development, and development standards have been selected that are specific to this area and its circumstances. As confirmed by the Addendum to the Milpitas General Plan Update Final EIR and the Supplemental Letter to the Addendum, traffic, environmental impacts, access to essential services, and community well-being will not be impacted in a manner that would significantly affect public health, safety, and welfare. Also, the City retains authority through discretionary approvals to address project-specific health, safety, and welfare concerns.

Planning Commission Action
On April 24, 2024, the Planning Commission held a public hearing on the HODs. The Planning Commission (5- 0) recommended that the City Council approve the Project. Following the Planning Commission hearing, staff held three additional community meetings to further discuss the Project and address community concerns.

Staff revised the project in its current form and presented the project to the Planning Commission at its regular meeting on February 26, 2025. The Planning Commission voted (4-0-2) to recommend that the Milpitas City Council approve the proposed General Plan Map and Text Amendment and Zoning Text and Map Amendments. Planning Commission Resolution No. 25-004 is included as Attachment D. A member of the public requested that the City modify certain language regarding building height, commercial FAR language, and allowable uses; however, this change was not included in the Planning Commission’s recommendation.

Staff met with the community member to further discuss their concerns.

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt the Housing Opportunity Districts Project.

Pros: None.

Cons: The City would not be in compliance with its adopted General Plan and Housing Element.

Reasons not recommended: The Housing Opportunity Districts Project is a program from the City’s Housing Element. This program helps the City implement its the City’s General Plan. There are specific goals and policies within the General Plan that help guide every project that comes before the Planning Commission and City Council. If the City does not implement the program as prescribed within the Housing Element, the State’s Housing and Community Development Department (HCD) could decertify the City’s Housing Element. If the City does not have a certified Housing Element, the City would be subject to Builder’s Remedy projects within these areas. With Builder’s Remedy projects, a jurisdiction cannot deny any project that meets the minimum affordable housing requirement if a jurisdiction does not have a certified or compliant Housing Element.

Moreover, a consequence of non-compliance would result in automatic approvals of housing projects that meet the General Plan land use designations, and the City would not have any local control on proposed developments. Non-compliance could also result in fines and lawsuits from the State or other housing advocacy groups. In addition, the Housing Opportunity Districts Project is grant-funded; failure to adopt the Project would leave the City without the final reimbursement of funds from the State. Lastly, the City would lose access to future funding and grants.

FISCAL IMPACT:

The City retained Seifel Consulting to perform a fiscal analysis regarding proposed land use changes that would allow additional residential development to occur within the TC and NCMU zones. This analysis investigates the contribution of NCMU and TC areas to the overall sales tax revenues in the City, assessing the potential impact of the zoning updates on the City's sales tax revenue. Additionally, the study analyzes a prototypical redeveloped site within the NCMU, evaluating the cost-to-revenue ratio in various NCMU scenarios to provide insights into the financial implications of such redevelopment.

The potential fiscal impact was analyzed by evaluating alternative development scenarios for a typical property in the NCMU zone because several properties within this area are currently underutilized and have vacant commercial space. The fiscal analysis evaluated what could occur if a typical property were to be redeveloped to include housing.

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The key findings of the analysis are below:
• If no zoning changes are made, no redevelopment is likely as the current General Plan commercial to residential ratios are infeasible.
• Even with the implementation of a place-based strategy, which maintains a robust minimum commercial floor area requirement for much of the HODs, only small portions of the HODs are likely to redevelop in the near future.
• Projected total General Fund revenues from new development is anticipated to exceed the total fiscal costs of providing services to future residents and employees for each of the development scenarios.

This analysis indicates that new infill mixed-use and residential development is likely to have a positive fiscal impact on the City of Milpitas.

Figure 3: Potential Fiscal Impact from Typical HOD Development opportunity in FY 2022/23 Constant Dollars
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Milpitas City Council certified an Environmental Impact Report (SCH #2020070348) for the General Plan Update in 2021. The EIR addressed the potential environmental effects of the planned buildout of Milpitas through the year 2040, and concluded that implementation of the General Plan would result in various levels of environmental impacts. Mitigation measures were incorporated into the EIR to reduce potential impacts from development under the General Plan.

An Addendum to the Milpitas General Plan Update Final EIR (FEIR) (March 2021, SCH #2020070348) has been prepared pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the Project’s environmental impacts are covered by and within the scope of the Milpitas General Plan Update FEIR.

The Addendum Evaluation details any changes in the Project, changes in circumstances under which the Project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.

The attached Addendum substantiates and supports the City’s determination that the HOD changes are within the scope of the General Plan Update FEIR, do not require subsequent action under CEQA Guidelines Section 15162, and adequately analyze potential environmental impacts in conjunction with the FEIR.

Further, although the Project has been revised from the initial Addendum, dated April 2024, Rincon Consultants, Inc. prepared a Supplemental Letter (Attachment D) and found that the proposed zoning changes and the latest revisions would result in a reduced buildout compared to the Addendum analysis. This reduction

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in residential units and the consistency in non-residential space reduction, specifically commercial FAR minimums and maximums, ensure that the impacts would be less significant, as previously analyzed, and similar to or reduced compared to the Addendum conclusions. Additionally, the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which has already accounted for and mitigated potential environmental impacts. Since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same.

Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid.

RECOMMENDATION:
1) Conduct a public hearing and determine that the EIR Addendum and Supplemental Letter to the Addendum adequately analyze the potential environmental impacts associated with the proposed General Plan and Zoning Amendments and are in compliance pursuant to CEQA Guidelines §15162 and §15164. 2) Adopt a resolution approving General Plan Text and Map Amendment No. GP24-0001 to update the Town Center (TWC) and Neighborhood Commercial Mixed-Use (NCMU) descriptions and amend the land use designation of certain parcels.
3) Move to waive the first reading beyond the title and Introduce Ordinance No. 38.857 approving Zoning Text and Zoning Map Amendment No. ZA24-0001 to establish the Neighborhood Commercial Mixed-Use (NCMU-1,2,3) district and subdistricts, and update the existing Town Center (TC districts to establish the subdistricts (TC-1,2,3).

ATTACHMENT(S):
(a) Resolution
(b) Ordinance
(c) Planning Commission Staff Report
(d) Planning Commission Resolution
(e) Planning Commission Meeting Minutes
(f) Housing Opportunity District Memorandum
(g) CEQA Addendum to the Milpitas General Plan Update
(h) CEQA Supplemental Letter to the EIR Addendum,
(i) Redline track changes to Sec. 6 Mixed Use Zones and Standards TC NCMU and GP Designation

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING GENERAL PLAN MAP AND TEXT AMENDMENT NO. GP24-0001 TO CHANGE THE

DESCRIPTION OF THE TOWN CENTER (TWC) AND NEIGHBORHOOD COMMERCIAL MIXED-USE (NCMU) DESCRIPTIONS AND LAND USE POLICY (LU 6-1) AND AMEND THE

LAND USE DESIGNATIONS OF CERTAIN PARCELS IN THE MILPITAS GENERAL PLAN 2040
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Zoning Map; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City of Milpitas is the lead agency for the proposed project described below; and
WHEREAS, on February 26, 2025, the Planning Commission held a duly noticed public hearing, during which meeting the Planning Commission by adoption of Resolution No. 25-004, recommended that the City Council: 1) approve General Plan Map and Text Amendment No. GP24-0001 to change the description of the Town Center (TWC) and Neighborhood Commercial Mixed-Use (NCMU) descriptions and change the land use designation of certain parcels; 2) approve a Zoning Map and Text Amendment No.

ZA24-0001 to establish the Neighborhood Commercial Mixed-Use (NCMU-1,2,3) districts and subdistricts, and update the existing Town Center (TC) districts to establish the subdistricts (TC-1,2,3); and 3) adopt the Housing Opportunity District Addendum to the Milpitas General Plan 2040 FEIR (SCH #2020070348) and Supplemental Letter to the Addendum; and WHEREAS, the documents and other materials which constitute the record of proceedings upon which the City Council bases the recommendation and the findings contained within this Resolution are available and may be reviewed at Milpitas City Hall, located at 455 E. Calaveras Boulevard, Milpitas, California 95035; and
WHEREAS, on April 15, 2025, the City Council held a duly-noticed public hearing on the General Plan Land Use Map and Text Amendments, Zoning Map and Text Amendments, and Addendum to Milpitas General Plan 2040, related to the Housing Opportunity Districts (HODs), considered all written and oral reports of staff and public testimony on the matter, and such other matters as are reflected in the record of this matter; and
WHEREAS, these amendments represents a comprehensive approach to addressing housing challenges while promoting sustainable and vibrant mixed-use neighborhoods in Milpitas. The Project is a pivotal strategy in addressing Milpitas' housing needs while revitalizing our commercial centers. The Project aligns with the City’s General Plan and Housing Element, emphasizing the importance of balanced land uses that meet the needs of our residents and businesses; and

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WHEREAS, the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

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

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

SECTION 2. GENERAL PLAN LAND USE MAP AND TEXT AMENDMENT FINDINGS (SECTION XI-10-57.02)
The City Council approves and adopts the analysis, recommendations, and findings set forth in the final Housing Opportunity Districts (HODs) memorandum, as if fully set forth herein. The City Council makes the following further findings based on the evidence in the administrative record in support of General Plan Text Amendment No. GP24-0001:
a. The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

The proposed General Plan Map and Text Amendments are found to be internally consistent with those portions of the General Plan which are not being amended. The amendments do not introduce any conflicts or inconsistencies with the existing goals, policies, or programs of the General Plan. Instead, they build upon the existing framework of the General Plan, enhancing its effectiveness and relevance to current and future planning efforts. The General Plan envisioned opportunities in the NCMU for redevelopment of aging commercial centers by allowing multifamily dwelling units. The proposed changes facilitate this overall objective for the Project area consistent with planning objectives throughout the City and in a manner that is consistent and flexible with redevelopment needs. The General Plan similarly envisioned opportunities in the TWC for mixed-use and residential only projects that increase economic support for the commercial uses. These changes further the redevelopment of major shopping centers in these areas in a manner that supports economic growth. These changes also further the larger objectives of the General Plan for supporting the community’s housing needs and guiding that development towards areas that can support this growth. The proposed changes are carefully integrated into the existing General Plan, ensuring that they align with its overall vision and objectives.

Pursuant to California Government Code Section 65863:

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Housing Element to accommodate a portion of the regional housing need. The 2021 General Plan update established the new NCMU land use designation, but the Zoning Ordinance had not yet been updated to reflect this change. For the Housing Element Sites Inventory, only vacant parcels or parcels with developer interest with the NCMU land use designation were considered with an assumed maximum density of 30 dwelling units per acre. Additionally, Program 15 of the Housing Element sets a goal to foster the development of at least 200 affordable housing units in the housing opportunity zones (districts) (TC and NCMU). Based on the City’s Affordable Housing Ordinance (AHO), which requires 15 percent of total units to be affordable within a new development project, the Program 15’s goal of 200 affordable units, and HCD’s requirement to plan for at least a 30 percent buffer in planning for residential units, the minimum number of residential units needed to comply with the Housing Element is 1,733 units. Moreover, the Project would result in approximately 2,156 new residential housing units compared to existing conditions across both districts, which greatly exceeds the minimum number required for Housing Element compliance. Any reduction in residential density, as defined in Government Code Section 65863(g), is consistent with the General Plan, together with the Housing Element, because the Project continues to remove potential barriers to redevelopment of housing projects while preserving necessary commercial opportunities that will support that development and fulfill the planned vision of these zones. The Project’s residential density is consistent with the Housing Element, and the remaining sites identified in the Housing Element remain unchanged and are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Section 65584. This finding demonstrates that the Project is not subject to Government Code Section 65583.2 and will still ensure that the City can accommodate the remaining share of the regional housing need pursuant to Section 65584. b. The proposed amendment will not adversely affect the public health, safety, and welfare.

The proposed General Plan Map and Text Amendment are found to be consistent with the overall planning objectives and goals of the City of Milpitas. The map amendments affect a small number of parcels. The amendment is necessary to accommodate changing community needs and to promote sustainable growth within the city. The amendment aligns with the City's vision for responsible land use planning, economic development, and environmental stewardship. Additionally, the amendment is in compliance with applicable state and local laws, including the California Environmental Quality Act (CEQA). The proposed changes are supported by relevant data and analysis, demonstrating that they will not result in adverse impacts on the environment or public health, safety, or welfare. These changes increase housing and affordable housing stock to meet growing regional needs and expand the opportunity and flexibility of mixed-use development in areas identified by the City of being capable of sustaining additional and denser residential development. Also, the City retains authority through discretionary approvals to address project-specific health, safety, and welfare concerns. This amendment enables the City to modify its current Mixed Use Designations to prioritize the preservation of existing neighborhoods, channeling new housing growth to specific areas, and revitalize some of the older neighborhood-serving commercial land uses that support citywide community goals outlined in the Milpitas 2040 General Plan, specifically Goal LU-1: Accommodate a well-balanced mix of land uses that meet the diverse needs of Milpitas residents, businesses, and visitors with places to live, work, shop, be entertained and culturally enriched, and Goal LU-6: Support commercial centers that serve residential neighborhoods and provide for a variety of convenient, successful and attractive commercial uses throughout the city.

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SECTION 3. AMENDMENT OF MILPITAS GENERAL PLAN 2040 MIXED USE

DESIGNATIONS TEXT
The Description of the Town Center (TWC) and Neighborhood Commercial Mixed-Use (NCMU) Descriptions on page LU-6 of the adopted Milpitas General Plan 2040 are hereby amended to read as follows:

TOWN CENTER (TWC) (UP TO 65 UNITS PER ACRE AND FAR UP TO 0.85) The Town Center (TWC) designation provides for a variety of commercial, professional, civic, restaurants, hotels, residential, and entertainment uses. Projects may consist of a wholly non-residential development, or a mixed use residential project that integrates residential and nonresidential uses vertically or horizonal. Residential developments up to 65 units per acres are permitted within the Town Center to increase economic support to the commercial uses. To maintain the importance of the Town Center area as a center for commercial, professional and civic uses, a minimum of 0.35 FAR of non-residential uses is required for redevelopment of major shopping centers into mixed-use projects and a minimum of 0.10 FAR of non-residential ground floor uses is required along major streets. All non-residential development, except for hotel uses, must adhere to a FAR maximum of up to 0.85. Where permitted, residential only developments do not require any minimum non-residential FAR.

NEIGHBORHOOD COMMERCIAL MIXED-USE (NCMU) (FAR UP TO 0.50, AND UP TO 60 UNITS PER ACRE FOR MIXED-USE AND RESIDENTIAL ONLY PROJECTS) The Neighborhood Commercial Mixed-Use (NCMU) designation is intended to accommodate a vertical and horizontal mix of commercial and residential uses with an emphasis on neighborhood commercial activity. Residential uses, hotel, and office development are allowed on upper floors. The NCMU designation encourages active neighborhood-serving uses at the ground level, including grocery stores, specialty retail, restaurants, plazas, or walk-in personal services such as banks and salons at FARs up to 0.50.

This designation provides opportunities for vertical and horizontal mixed-use residential development to provide for area vibrancy and to encourage the redevelopment of aging commercial centers by allowing residential developments up to 60 dwelling units per acre for mixed-use and residential only projects. Redevelopment of larger neighborhood commercial centers shall provide a minimum of 0.20 FAR of new or rehabilitated neighborhood-serving retail and commercial services. Parcels fronting major streets shall provide a minimum 0.10 FAR of neighborhood-serving retail and commercial services for the first 100 feet of parcel frontage depth. The residential only developments do not require any minimum nonresidential FAR.

SECTION 4. AMENDMENT OF MILPITAS GENERAL PLAN 2040 MIXED USE

DESIGNATIONS TEXT
Policy LU 6-1 on page LU-26 of the Milpitas General Plan 2040 is hereby amended to read as follows:

LU 6-1 Ensure new development in Neighborhood Commercial Mixed Use (NCMU) areas includes adequate commercial components to retain commercial uses as the dominant ground floor use type, and that the redevelopment of aging centers results in maintaining viable commercial space to meet neighborhood’s daily service needs.

SECTION 5. AMENDMENT OF MILPITAS GENERAL PLAN 2040 FIGURE LU-1:

GENERAL PLAN LAND USE MAP

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The General Plan Land Use Map (Figure LU-1) at page LU-11 of the adopted Milpitas 2040 General Plan is hereby amended only as to parcels and changes as shown in Exhibit A.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City prepared an Addendum to the Milpitas General Plan 2040 EIR (SCH#: 2020070348) (memorialized as an attachment to the Staff report, dated April 24, 2024) for the proposed Project in accordance with the California Environmental Quality Act (CEQA).

The Addendum Evaluation details any changes in the project, changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.

The Addendum substantiates and supports the City’s determination that the HOD changes are within the scope of the General Plan EIR, does not require subsequent action under CEQA Guidelines Section 15162, and adequately analyze potential environmental impacts in conjunction with the EIR.

Further, although the Project has been revised from the initial Addendum, dated April 2024, Rincon Consultants, Inc., on behalf of the City, prepared a Supplemental Letter (memorialized as an attachment to the staff report, dated January 28, 2025) and found that the proposed zoning changes and the latest revisions would result in a reduced buildout compared to the Addendum analysis. This reduction in residential units and the consistency in non-residential space reduction, specifically commercial FAR minimums and maximums, ensure that the impacts would be less significant, as previously analyzed, and similar to or reduced compared to the Addendum conclusions. Additionally, the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which has already accounted for and mitigated potential environmental impacts. Since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same. Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid.

The City Counicl has been provided the Addendum to the Milpitas General Plan 2040 EIR (SCH#:
2020070348) and the Supplemental Letter to the Addendum and findings to review and consider in making a recommendation to the City Council to adopt the Housing Opportunity Districts (HODs).

The City Council adopts this Addendum as if fully set forth herein and finds in light of the full record before it, including the Addendum, that its actions are consistent with CEQA and State CEQA guidelines.

SECTION 7. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.

SECTION 6. CITY COUNCIL APPROVAL
The City Council hereby approves General Plan Map and Text Amendment No. GP24-0001, based on the above findings.

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PASSED AND ADOPTED this ___________ day of _____________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
___________________________
Suzanne Guzzetta, City Clerk
APPROVED:

Carmen Montano, Mayor
APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney
Attachments:

Exhibit A: General Plan Land Use Map
Amendment

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Exhibit A: General Plan Land Use Map Amendment

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REGULAR
NUMBER: XX.XXX
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTER 10, SECTION 6 OF TITLE XI OF THE MILPITAS

MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE

NEIGHBORHOOD COMMERCIAL MIXED-USE (NCMU) ZONING DISTRICT

AND TOWN CENTER (TC) SUBDISTRICTS AND AMENDING THE ZONING

MAP DESIGNATION OF CERTAIN PARCELS WITHIN THE ZONING MAP HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Christopher Creech, Acting City Attorney

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RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, Section 3.03 of Chapter 10 Zoning of Title XI of the Milpitas Municipal Code, divides the City into zoning districts; and
WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Zoning Map; and WHEREAS, the City wishes to amend the Zoning map and Zoning text to establish the Neighborhood Commercial Mixed-Use (NCMU-1,2,3) districts and subdistricts, update the existing Town Center (TC) districts to establish the subdistricts (TC-1,2,3) within the Zoning Text and Zoning Map, which has been initiated by this Ordinance; and
WHEREAS, on February 26, 2025, the Planning Commission held a duly-noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties and recommended the City Council approve the proposed amendments; and WHEREAS, per Milpitas Municipal Code § XI-10-57.02(G)(3), the City Council likewise finds that the Zoning Code Amendment set forth herein will not adversely affect the public health, safety and welfare, in that the Project will not adversely affect the public health, safety and welfare. Additionally, an Addendum to the Milpitas General Plan Update Final EIR (March 2021, SCH #2020070348) was prepared pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the Project’s environmental impacts are covered by and within the scope of the Milpitas General Plan FEIR. The Addendum Evaluation details any changes in the project, changes in circumstances under which the Project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.

The Addendum substantiates and supports the City’s determination that the HOD changes are within the scope of the General Plan EIR, do not require subsequent action under CEQA Guidelines Section 15162, and adequately analyze potential environmental impacts in conjunction with the EIR; and WHEREAS, a Supplemental Letter to the Addendum was prepared in response to the Project revisions and found that the proposed the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which already accounted for and mitigated potential environmental impacts; and
WHEREAS, since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same. Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid; and
WHEREAS, on April 15, 2025, the City Council held a duly-noticed public hearing on the proposed action, and considered evidence presented by City staff and other interested parties; and

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WHEREAS, the City Council finds that with the approval (by separate resolution) of General Plan Map and Text Amendment No. GP24-0001, Zoning Text, and Map Amendment No. ZA24-0001 and, the Zoning Code and the General Plan will be internally consistent; and WHEREAS, prior to taking action on this Ordinance, the City Council has taken separate action to adopt the Housing Opportunity District Addendum to the Milpitas General Plan 2040 EIR (SCH #2020070348) and the Supplement Letter to the Addendum and impose it as a condition of project approval; and
WHEREAS, these amendments represent a comprehensive approach to addressing housing challenges while promoting sustainable and vibrant mixed-use neighborhoods in Milpitas. The Project as a pivotal strategy in addressing Milpitas' housing needs while revitalizing our commercial centers. The project aligns with the City’s General Plan and Housing Element overall, emphasizing the importance of balanced land uses that meet the needs of our residents and businesses.

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

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

SECTION 2. ZONING MAP AMENDMENT FINDINGS (XI-10-57.02)
The City Council makes the following findings based on the evidence in the public record in support of Zoning Amendment No. ZA24-0001:
a. The proposed amendment is consistent with the General Plan.

The Project is specifically consistent with General Plan Policy LU 6-5, which states to promote reinvestment in strip commercial and shopping centers and maintain, revitalize, and redevelop aging and underperforming centers. The proposed map amendments are consistent with the text amendments and the General Plan because the proposed map changes to the identified parcels, zoned Town Center (TC) and Neighborhood Commercial Mixed Use (NCMU), are also implementing the existing General Plan land use designations. Furthermore, the proposed amendments introduce specific development standards related to permitted uses, parking, and

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open space, which are intended to implement the General Plan vision for the NCMU and TWC designations.
b. The proposed amendment will not adversely affect the public health, safety and welfare.

The proposed text and map amendment are found to have no adverse effects on the public health, safety, and welfare. The amendments are designed to enhance the efficiency and effectiveness of the City's zoning regulations, ensuring that they remain current and responsive to changing community needs. The amendments have been carefully reviewed and analyzed to assess their potential impacts on public health, safety, and welfare. This analysis has been done through a place-based approach sensitive to the needs and circumstances of the areas that will be rezoned.

These areas have been selected as being capable of supporting this development, and development standards have been selected that are specific to this area and its circumstances. As confirmed by the Addendum to the Milpitas General Plan Update Final EIR and the Supplemental Letter to the Addendum, traffic, environmental impacts, access to essential services, and community well-being will not be impacted in a manner that would significantly affect public health, safety, and welfare. Also, the City retains authority through discretionary approvals to address project-specific health, safety, and welfare concerns.

SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6.0
Title XI, Chapter 10, Section 6 Mixed Use Zones and Standards is hereby amended to read as follows:

Section 6 Mixed Use Zones and Standards
XI-10-6.01 Purpose and Intent
A. Mixed Use ("MXD") Zoning District. The purpose of the MXD zoning district is to encourage a compatible mix of residential, retail, entertainment, office and commercial service uses within the framework of a pedestrian-oriented streetscape. It is intended that the residential and commercial use allowed in the "MXD" District combine to provide for an "around-the-clock-environment" with urban open areas (i.e. plazas, squares) that serve multiple purposes and can be used for special events.

B. High Density Mixed Use ("MXD2") Zoning District. The purpose of the MXD2 zoning district is to encourage a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor with residential or office uses on the floors above while maintaining a pedestrian-oriented streetscape. It is intended that the retail or restaurant space required will ensure neighborhoodoriented retail and services are provided within walking distance of high density residential development.

C. Very High Density Mixed Use ("MXD3") Zoning District. The purpose of the MXD3 zoning district is to provide very-high density housing, retail and employment uses.

D. Neighborhood Commercial Mixed Use (“NCMU”) Zoning District. The purpose of the NCMU zoning district is to encourage a compatible mix of residential, retail, entertainment, office, and commercial uses. It is intended that the neighborhood-serving active uses such as grocery stores, retail, restaurants, and personal services at key locations on the ground level will help create a pedestrian oriented streetscape and public spaces. The NCMU Zoning District is subdivided into three subdistricts:

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1. NCMU1 allows commercial or mixed-use development the primary function as a commercial center to provide goods and services to the immediate neighborhood. The mix of uses may be vertical or horizontal.

2. NCMU2 allows commercial or mixed-use development with some active commercial storefronts along the street frontages.

3. NCMU3 allows commercial, mixed use, or residential only development with no minimum commercial FAR. NCMU3 includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

E. Town Center (TC) Zone. The purpose and intent of this zone is to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities along with some residential uses in the geographic center of the City to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the City's transportation network. The TC Zoning District is subdivided into three subdistricts:

1. TC1 allows commercial or mixed-use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood and larger community. The mix of uses may be vertical or horizontal.

2. TC2 allows commercial or mixed-use development with active commercial storefronts along the street frontages.

3. TC3 allows commercial, mixed-use or residential only development with no minimum commercial FAR. TC 3 includes parcels that are less suitable for retail uses, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

XI-10-6.02 Mixed Use Regulations
A. Permitted and Conditionally Permitted Uses.

1. Primary uses. The uses identified in Table 6.02-1, Mixed Use Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 6.02-1 shall be permitted or conditionally permitted, as indicated:

P Where the symbol "P" appears, the use shall be permitted.

MCS Where the symbol "MCS" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staff, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.

P/C Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI10-57.04, Conditional Use Permits, of this Chapter.

C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

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2. Accessory Uses.
a. Massage Services. Massage services may be allowed as an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed as an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.

B. Prohibited Uses. The following uses are prohibited:

1. Uses where the symbol "NP" appears within Table 6.02-1.

2. The following uses are not permitted in any mixed use zone:
a. Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter. b. Disinfecting and extermination business.
c. Ground level residential in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1 and Zoning Map.
d. Outdoor storage of vehicles.
e. Private self-storage facilities
f. Single family detached dwellings
g. Two family dwelling units
C. Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD MXD2 MXD3 NCMU1,2,3 TC1,2,3
Ground
Level
(Facing
Retail
street)
Upper
Floor

1. Commercial Uses
Alcohol beverage sales C C C C C C
Business support services1 P/NP2 P/NP2 NP P/NP2 P/NP2 MC Grocery stores (supermarkets)3 C C C C P P
Pawnshops4 C C C C NP NP
Personal services1, 5 P P P P P P
Pet shops C NP NP NP NP P
Repair and cleaning shop, small
items1

P P P MC MC P

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Retail stores, general
merchandise6

P P MCS MCS P P
Thrift shops (used merchandise)
Retail P P P P P P
With collections C C C C C NP
Drive Through Uses NP NP NP NP NP C

2. Entertainment and Recreation
Commercial athletic facilities P P P P MCS in
NCMU1
P
“Theaters (Indoor)”
Recreation or entertainment
facility

C C C C NP C

3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P NP P
Hospitals or sanitariums7 C C C C NP C
Massage establishment 8 MC MC MC MC MC MC
Massage establishment,
accessory 8

MCS MCS MCS MCS MCS MCS
Medical or dental offices and
clinics
P NP P P P (upper
floors)
MCS
(ground
floor)
P
Medical support laboratories P P P P NP C
Optician and optometrist shop P P P P P (upper
floors)
MCS
(ground
floor)
P
Pharmacy or drug store P P P P P P
Veterinarian clinic P P P P NP P

4. Lodging
Bed and breakfast P P NP NP NP NP
Boarding houses (3 or more
persons)

C C C C C C
Group dwellings C C C C C C
Hotels C P P P C P
Motels C C C C NP NP

5. Professional Offices, Financial Institutions and Related Uses Financial institutions (banks,
savings and loans, etc.)

MCS NP MCS P P P
Offices, business and
professional6

MCS NP MCS P C P

6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P C C
Day care school C C C C C C
Large family child care home P P C P P P

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Small family child care home P P P P P P
Instruction
Group6 P NP NP NP P P
Private P P P P P P
Park, playground or community
center10

O O O O O O
Places of assembly7 C C C C C C
Public utilities C C C C C C
Schools, private (elementary,
middle and high)5

C C C C C C
Theaters (Indoor) C C C C NP C
Trade and vocational schools7 C C C C NP C
Transportation facilities4 C C C C NP C

7. Residential Uses
Multi-family housing11 P NP12 P P P
12 P
Transitional and supportive
housing11
P NP12 P P P
12 P
Accessory Dwelling Unit14 P NP P P P P

8. Restaurants or Food Service
Bar or nightclub C15 C15 C C15 C15 C
Brewery/Eateries MCS MCS NP MCS MCS MCS
Catering establishments C C C C NP P
Restaurants4 P/C P/C NP P/C P/C P
With music (indoor/outdoor) P
15 P15 NP P15 P15 P
With other live
entertainment/dancing

C C NP C C C
Mobile Food Vending
(individual vehicle)16 P P NP P P
P
Mobile Food Park16 MC NP NP MC NP MC
Commissary MC NP NP MC NP MC

9. Unclassified Uses
Artisan Studios & Live-work
units, woodworking or
glassworking, plumbing or
metalworking and sign shops4

MCS MCS MCS MCS MCS MCS
Lobbies and entries for upper
floor uses

P P NP P P P
Model home complex17 P P P P P P
Mixed use developments18 P P P P P P
Planned Unit Development19 P P P P P P
Temporary seasonal sales20 P P P P P P
Short-Term Rentals21 P NP P P P P

10. Vehicle-Related Repair, Sales and Services
Auto sales and rental22 C C C C NP NP
Auto broker (wholesale, no
vehicles on site)4

MCS MCS MCS MCS NP MCS
Vehicle service uses23 C NP NP C NP C

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1 Refer to Subsection XI-10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards.
2 Copy/quick-printing shops and mailbox rental facilities shall be permitted in all MXD, MXD2 (Ground Floor), MXD3, and all NCMU zones. All other uses classified as Business Support Services shall not be permitted in these zones.
3 Grocery stores with floor area up to 15,000 square feet are permitted. Grocery stores exceeding 15,000 square feet may be permitted subject to the approval of a Conditional Use Permit pursuant to Subsection XI-10-57.04 of this Chapter.
4 Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards. 5When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.
6 Refer to Subsection XI-10-6.02-1(B) Performance standards for certain uses, of this Chapter. 7 Refer to Subsection XI-10-6.02-2, Quasi-Public Uses, of this Chapter, for standards. 8Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.
9 Reserved
10 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization.
11 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1.
12 Uses serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 14Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter.
15 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the MXD, MXD2, MXD3, and NCMU zones. See also Subsection XI-10-6.06(B) for additional regulations. 16Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 17Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices.
18Which include only permitted uses.
19Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 20Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 21Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter.

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22New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building.
23Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

6.02-1 Mixed Use Zone Special Uses
A. Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Auto service uses, including but not limited to: gasoline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glass, brakes, upholstery, and other similar types.

2. Local transportation service facilities (e.g. taxi, parcel service, ambulance, armored car, and van storage) without outdoor storage of vehicles.

3. Pawnshops.

B. Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1. Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:
a. Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

2. Auto Service Uses. Auto Service uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. Entrances to the service bays shall not be open to the street but shall be designed to face the rear or interior side property line.

3. Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops.

These uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. There shall be no dust, fume, or odor either emitted from the premise. c. The operations shall not create excessive vibrations. d. The operations shall be consistent with the City's noise standards.

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e. Plumbing, metalworking, sign shops, woodworking or glass working shops shall not be closer than 1,000 feet of another same use measured from the property line.

4. Personal Services, Business Support Services, and Repair and Cleaning-Small Items uses shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this chapter, requiring Conditional Use Permit approval or listed as a prohibited use; e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter. Exceptions to the requirement for a Conditional Use Permit for such uses may be granted at the discretion of the Planning Director on a case-by-case basis, based upon a review of site-specific conditions.

5. Group Instruction uses shall comply with the following standards:
a. No loitering shall be permitted before or after any classes or sessions.

6. Restaurants may be permitted provided:
a. They have only ancillary on-premise consumption of beer and wine associated with food sales;
b. They have no separate bar area;
c. When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and d. They conform to the performance standards listed in this subsection (e) below.

If items (a) through (c) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter. e. Restaurant Performance Standards. Restaurants shall comply with the following performance standards:
i. Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility's

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Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.
ii. The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).
iii. The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.
iv. All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.
v. Where applicable, the restaurant shall maintain an active account with a tallow hauling company.
vi. The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:
1) Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
2) Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.
3) Double bag waste to prevent leaking.
4) Place, do not drop or throw, waste-filled bags, to prevent leaking. 5) Keep the ground under and around the garbage dumpsters swept. 6) Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.
7) Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.
8) Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal. 9) All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.

7. Retail and Offices shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area.

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b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area; d. They are not open past 10:00 p.m.;
e. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and f. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

C. Mixed Use and Residential-Only Development Projects in the NCMU and TC zones.

1. Mixed use developments in the NCMU and TC zones shall provide commercial or active spaces designed to accommodate neighborhood-serving commercial uses at the ground level, and may include residential units. A proposed project in NCMU1, NCMU2, TC1, and TC2 shall include a minimum non-residential component in full compliance with the requirements of its zoning district as defined in section 11-10-6.04 Mixed Use Zone General Development Standards.

2. 100% affordable developments in NCMU1, NCMU2, TC1, and TC2 are exempt from the minimum non-residential requirement.
a. 100 percent of the residential units must be affordable to low-income (earning up to 80 percent of area median income) and/or very low income (earning up to 50 percent of area median income) households, as defined by the U.S. Department of Housing and Urban Development.
b. Affordability requirements shall be administered through a deed restriction, such as a restrictive covenant or other legally enforceable recorded instrument, for a minimum term of 55 years.

6.02-2 Quasi-Public Uses within MXD, NCMU, and TC Zones A. Churches and religious institutions are permitted in any location within the MXD, NCMU, and TC Zones.

B. The following quasi-public uses may be permitted within the MXD zones provided their location is first approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls.

2. Hospitals or sanitariums.

3. Private elementary, middle or high schools.

4. Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.

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XI-10-6.03 Affordable Housing
Affordable housing units should be provided in all new housing projects. Except as provided in Subsection XI-10-6.02-1(C)(2), while twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity.

XI-10-6.04 Mixed Use Zone General Development Standards A. Standards within Specific Plan Areas. For properties located within a Specific Plan, refer to the Specific Plan for development standards. When a standard is not listed within the Specific Plan, the standards listed within the zoning ordinance shall govern.

B. General Standards. The following minimum requirements shall be observed. The minimum requirement shall be one of the following for the district classification as designated on the zoning map.

Table XI-10-6.04-1
Mixed Use Zone Development Standards
Standards MXD MXD2 MXD3
Nonresidential
lot area
minimum
Individual sites shall be
of such size that all space
requirements provided in
this section are satisfied.

Individual sites shall be
of such size that all space
requirements provided in
this section are satisfied.

Individual sites shall be of
such size that all space
requirements provided in this
section are satisfied.

Density,
MinimumMaximum
Residential
(Dwellings)1
21 min. 30 max. per gross
acre. For additional
standards refer to Section

6.04(C), Multi-Family
Residential Density
within the MXD, MXD2
and MXD3 zones
31 min. 40 max. per
gross acre.

For additional standards
refer to Section 6.04(C),
Multi-Family Residential
Density within the MXD,
MXD2 and MXD3
zones.
41 min. 60 max. per gross.

For additional standards refer
to Section 6.04(C), MultiFamily Residential Density
within the MXD, MXD2 and
MXD3 zones.

Front and
Street-Side
Yard
Setback,
Minimum
Refer to Section 6.04(D),
Front and Street-Side
Yard Setbacks.

Refer to Section 6.04(D),
Front and Street-Side
Yard Setbacks.
12 ft. min. 20 ft. max.

For additional standards refer
to Section 6.04(D), Front and
Street-Side Yard Setbacks, of
this chapter.

Interior-Side
Yard
Setback,
Minimum2
Ground Level
Commercial Area: 0 ft.

All other areas: 10 ft.
0 ft. Except when
abutting residential use
and for portions of
buildings over 60 ft. or
four stories tall, where
the interior side yards
shall be a minimum of 10
ft.
10 ft.
15 ft. when abutting
residential.
20 ft. for portions of
buildings over 60 ft. or four
stories tall.

Rear Yard
Setback,
Minimum3
10 ft. 10 ft.
15 ft. when abutting
residential
20 ft. for portions of
15 ft.
20 ft. when abutting
residential
30 ft. for portions of

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buildings over 60 ft. or
four stories tall.
buildings over 60 ft. or four
stories tall.

Floor Area
Ratio, NonResidential
and Mixed
Use projects
For buildings and
portions thereof: .75 max.

1.5 max.

Refer to Section 6.04(E),
Floor Area Ratio, NonResidential.

2.0 max.

Refer to Section 6.04(E),
Floor Area Ratio, NonResidential.

Commercial
Area,
Minimum
Not Applicable 200 sq. ft. of retail,
restaurant, or pedestrianoriented commercial
service uses, allowed in
Table 6-02-1, Mixed Use
Zone Uses, must be
provided for every unit,
using the minimum
density.

Not Applicable
Building
Height4
Principal building: 3
stories and 45 ft.

Principal building: 6
stories or 75 ft.

Principal buildings with
frontage along Great
Mall Parkway: 12 Stories
or 150 ft.

Greater height, up to 20
stories may be allowed
through the approval of a
Conditional Use Permit.

Principal buildings: 12
stories or 150 ft.

Greater height, up to 20
stories may be allowed
through the approval of a
Conditional Use Permit.

Landscaping Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Parking Refer to Section 53, Off
Street Parking
Regulations, of this
Chapter.

Refer to Section 53, Off
Street Parking
Regulations, of this
Chapter.

Refer to Section 53, Off
Street Parking Regulations,
of this Chapter.
1 For MXD3 properties, density may be averaged over contiguous parcels. 2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.
3 See Note 2 above.
4 Within the MXD zone, special architectural features, such as towers or corner elements may be up to 55 ft.

Table XI-10-6.04-2
NCMU Zone Development Standards
Standards NCMU1 NCMU2 NCMU3
Lot area minimum None None None

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Density, MinimumMaximum
Residential
(Dwellings)1
Maximum: 60 du/ac Maximum: 60 du/ac Minimum: 30 du/ac
Maximum: 60 du/ac
Front and StreetSide Yard Setback,
Minimum
10' Residential
0' Commercial
10' Residential
0' Commercial
10' Residential
0' Commercial
Interior-Side Yard
Setback, Minimum2
For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 25
ft.

For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 25
ft.

For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 25
ft.

Rear Yard Setback,
Minimum3
For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 25
ft.

For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 25
ft.

For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 25
ft.

Floor Area Ratio,
Non-Residential and
Mixed Use projects4
No min. for commercial
only project.

0.20 min. commercial for
mixed use projects.

Minimum FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels.

0.50 max.

Maximum FAR does not
apply to hotels.

No min. for commercial
only project.

0.10 min. commercial for
first 100 feet of parcel
depth fronting a public
street for mixed-use
projects. Note: Minimum
commercial FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels and is
not required to be located
within the first 100 feet of
parcel depth.

0.50 max.

No min. commercial FAR

0.50 max.

Maximum FAR does not
apply to hotels.

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Maximum FAR does not
apply to hotels.

Building Height 60’ and 5 stories 60’ or 5 stories 60’ or 5 stories Landscaping Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Parking Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.
1 For NCMU3 properties, density may be averaged over contiguous parcels. 2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.
3 See Note 2 above.
4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

Table XI-10-6.04-3
TC Zone Development Standards
Standards TC1 TC2 TC3
Lot area minimum None None None
Density, MinimumMaximum
Residential
(Dwellings)1
Maximum: 65 du/ac Maximum: 65 du/ac Minimum: 30 du/ac
Maximum: 65 du/ac
Front and StreetSide Yard Setback,
Minimum
For ground floor nonresidential use: 15 ft.

For ground floor residential
use: 20 ft.

For developments along E.

Calaveras Blvd. 35 ft.

For ground floor nonresidential use: 15 ft.

For ground floor
residential use: 20 ft.

For developments along
E. Calaveras Blvd. 35 ft.

For ground floor nonresidential use: 15 ft.

For ground floor residential
use: 20 ft.

For developments along E.

Calaveras Blvd. 35 ft.

Interior-Side Yard
Setback, Minimum2
For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required

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On lots abutting a singlefamily residential zone: 15
ft.

Rear Yard Setback,
Minimum3
For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 15
ft.

For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 15
ft.

For residential only and
mixed-use developments:
10 ft.

For all other nonresidential developments:

None required
On lots abutting a singlefamily residential zone: 15
ft.

Floor Area Ratio,
Non-Residential and
Mixed Use projects4
No min. for commercial
only project.

0.35 min. commercial for
mixed use projects.

Minimum commercial
FAR may be calculated or
distributed throughout a
development and across
multiple adjoining parcels.

0.85 max.

Maximum FAR does not
apply to hotels.

No min. for commercial
only project.

0.10 min.commercial for
first 100 feet of parcel
depth fronting a public
street. Note: Minimum
commercial FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels and is
not required to be located
within first 100 feet of
parcel depth

0.85 max.

Maximum FAR does not
apply to hotels.

No min. commercial FAR

0.85 max.

Maximum FAR does not
apply to hotels.

Building Height 75’ and 6 stories 75’ and 6 stories 75’ and 6 stories Landscaping Refer to Section 6.04(G),
Landscaping.

Refer to Section 6.04(G),
Landscaping.

Parking Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.

Refer to Section 6.04 (H)
Parking.
1 For TC3 properties, density may be averaged over contiguous parcels. 2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.
3 See Note 2 above.

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4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

NCMU2 and TC2 Minimum Commercial Floor Area Diagram
C. Multi-Family Residential Density within Mixed Use zones.

1. MXD Standards.
a. The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.
b. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

2. MXD2 Standards.
a. The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.
b. Units with four bedrooms shall be counted as 1.5 units when calculating density. c. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

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3. MXD3 Standards.
a. Units with four bedrooms shall be counted as 1.5 units when calculating density. b. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

4. NCMU1, NCMU2, and NCMU3 Standards.
a. Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

5. TC1, TC2, and TC3 standards
a. Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

D. Front and Street-Side Yard Setbacks. The following standards shall apply to front and street-side yard setbacks:

1. All MXD, NCMU, and TC zones.
a. Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of said easement as possible.
b. Trellises, canopies and fabric awnings may project up to five (5) into minimum front and street side setback areas and public right of ways, provided they are not less than eight (8) feet above the sidewalk.
c. All buildings shall be oriented towards the street. Primary building entrances shall be oriented toward the street. For buildings located on a corner lots, either street primary building entrances may be oriented to either street.

2. MXD zones:
a. All areas.
i. Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the minimum setback areas provided at least sixty percent (60%) of the required setback area is landscaping.
ii. A building's first floor may be recessed from either the maximum front and street side building setback line or the specified build-to-line for the purposes of an arcade, or a small gathering/dining or special entry area.

The arcade shall have a minimum height of (8) feet, a minimum width of eight (8) feet. Other recessed areas may have maximum depth of ten (10) feet, and may not exceed forty percent (40%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the back of the sidewalk.
b. Within the Midtown Specific Plan.
i. The Ground Level Commercial Area (as shown on the Specific Plan Land Use Map, Figure 3.1), shall have a build-to-line that is fifteen (15) feet behind the curb. The

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fifteen (15) feet between the curb and the building build-to-line shall be developed with sidewalk and street trees.
c. Outside the Midtown Specific Plan.
i. Minimum of eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk. The sidewalk shall be based on either the existing sidewalk or assumed ten (10) foot wide sidewalk, whichever is wider.

3. MXD2 zones:
a. All areas.
i. Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the setback areas up to the property line. ii. A building's first floor may be recessed from the front and street side building setback line for the purposes of an arcade, outdoor dining area, or special entry area.

The arcade shall have a minimum height of (8) feet, and a minimum width of eight (8) feet. Other recessed areas may have a maximum depth of ten (10) feet, and may not exceed twenty percent (20%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the front and street-side building setback.
b. Within the Transit Area Specific Plan.
i. Setbacks are defined and illustrated in the street sections of Chapter 5 of the Transit Area Specific Plan.
c. Outside the Transit Area Specific Plan.
i. Minimum eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk.

E. Floor Area Ratio, Non-Residential. In addition to the standards listed in Table 6.04-1 Mixed Use Zone Development Standards for MXD2 and MXD3 zoned properties, the following shall apply:

1. A Floor Area Ratio of two and a half (2.5) for non-residential buildings may be considered for individual sites with a Conditional Use Permit, in accordance with Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2. There are no FAR or density limits for hotels.

3. In buildings which have ground floor retail, restaurant, child care, or commercial service uses as provided for in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the FAR calculation.

4. Buildings which include both non-residential uses and residential uses on the upper floors shall be considered "non-residential," and Floor Area Ratio standards shall apply.

F. Landscaping. All required front and street setback areas shall be landscaped or paved to allow for outdoor seating, display or goods, or street furniture.

G. Park and Open Space Requirements for Residential Uses.

1. Areas within Midtown Specific Plan.

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a. All residential projects within the Midtown Specific Plan area shall provide park land at a ratio of three and one-half (3½) acres per one thousand (1,000) population. Up to one and one-half (1½) of each three and one-half (3½) total park acres required (43%) may be satisfied by the provision of private recreational areas. The remaining park land requirement must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).
b. A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. c. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. Balconies and porches located above ground level with a minimum dimension of 4½ feet constructed for use by dwelling units shall be exempt from the useable open space dimension standards above and within Section 2 of this Chapter, and may be considered to satisfy usable open space requirements. Each dwelling unit shall be provided with private open space as follows:
i. Balconies and porches (above ground level): minimum sixty (60) square feet; or ii. Patios (at ground level): minimum one hundred square feet.

2. Areas within Transit Area Specific Plan.
a. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.
i. Two (2) of the required three and one-half (3.5) acres must be satisfied by either dedication of land to the City for public parks and open space, or payment of an inlieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). Land dedication is required if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan. ii. Up to one and one-half (1.5) of each three and one-half (3.5) total park acres required (43%) may be satisfied by the provision of private recreational areas.

Private open space cannot be shared between separate developments. b. Each residential project shall provide adequate on-site usable open space or recreational facilities to the approval of the Planning Commission through the Site Development Permit process. Each dwelling unit shall be provided with private open space as follows:
i. Balconies (above ground level): minimum forty (40) square feet; or ii. Patios and porches (at ground level): minimum fifty (50) square feet. c. All development projects shall dedicate land for parks if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan.
d. All commercial development projects shall dedicate and/or improve public trails if a trail is shown on a property on Figure 3-8 of the Transit Area Specific Plan. e. Twenty percent (20%) of a landscape buffer area may count towards the public park and open space requirements when it includes trails or wide sidewalks connected to the pedestrian and bicycle network.

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f. Park Sites: Parks must be bordered by public streets, or public right-of-way such as a trail or railroad right-of-way, on at least three sides.

3. Areas designated NCMU and TC
a. Park Land. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.
i. Park Land must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). b. Publicly Accessible Parks and Open Spaces. All mixed use or residential only projects on sites between 3 acres and 5 acres shall dedicate 5% of total site area to publicly accessible parks and open space. All mixed use or residential only projects greater than 5 acres shall dedicate 10% of total site area to publicly accessible parks and open space. Publicly accessible parks, plazas, and open spaces provided to meet the requirement below may be counted towards the park land requirement above.
c. Usable Open Space. A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Usable open space may be provided as Common Open Space or Private Open Space.

5. Areas outside Specific Plans.
a. All residential projects outside a Specific Plan area shall comply with the park land dedication provisions provided in Section 9.06 (Amount of Park Land to be Dedicated) of the Milpitas Subdivision Ordinance.

H. Parking Summary: Requirements are located in Section 53

1. Areas designated NCMU and TC
a. The minimum number of parking spaces required for residential uses shall be as follows:

Studio and 1-bedroom (up to 1,100 sf): 1 per unit
2-bedroom (up to 1,1100 sf): 1.5 per unit
3 or more bedrooms and/or 1,101 sf or larger: 2 per unit b. The minimum number of parking spaces required for commercial uses shall be 1 space per 300 sq.ft. of commercial use.

For other parking-related standards, refer to Section 53, Off Street Parking Regulations, of this Chapter.

TABLE IS EXCEPRT FROM SECTION 53
Mixed Use buildings or sites
Residential use
Studio and 1 bedroom (up to 1,100 sf) 1 per unit
2 bedroom (up to 1,100 sf) 1.5 per unit

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3 or more bedrooms and/or 1,101 sf or
larger
2 per unit
Guest parking for residential
Projects with Parking structures 10% of the total required, may be uncovered Projects with Private garages 10% of the total required, may be uncovered Bicycle parking 5% of total required
Commercial use
Ground Floor Retail 1 per 300 sq. ft.

Office 1 per 300 sq. ft.

Restaurants
1 per 300 sq.ft.

Short-Term Rentals 1 per unit
Other uses Refer to specific uses within this table
Bicycle parking 5% of total auto spaces required
Mobile Homes Refer to Section 13.07, Mobile Homes
Senior Housing 0.5 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) none required
XI-10-6.05 Reserved
XI-10-6.06 Special Development Standards
A. Utilities.

1. Utilities shall be placed in underground or subsurface conduits.

2. All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.

3. Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.

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4. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

5. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

6. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.

7. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building, and be well landscaped.

8. All telecommunications antennas shall be building facade or roof mounted and screened appropriately.

9. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e. "stealth" antennas) may be used.

B. Outdoor music

1. Outdoor music as an accessory use in conjunction with a restaurant or bar in the MXD, MXD2, MXD3, NCMU, and TC zones shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.

2. Recorded background music may be permitted outdoors on public sidewalks and other public areas subject to the standards of this Chapter and Title V – Public Health, Safety and Welfare, Chapter 213 – Noise Abatement.

3. Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V – Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.

4. Larger outdoor music events, both live and recorded music, that are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

XI-10-6.07 Exceptions to Standards

1. Exceptions to all but the use, floor area ratio, density, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2. In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following two additional findings for such exceptions:

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a. The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.
b. The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

XI-10-6.08 Conformance with Specific Plans
Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6.0 (ZONING MAP)
The Zoning Map of the City of Milpitas, as amended, which was adopted as part of ordinance No. 38, enacted as Chapter XI-10 (Zoning, Planning, and Annexations) of the Milpitas Municipal Code, is hereby amended by rezoning the land use designation of approximately 273- acre area within the depicted maps as attached Exhibit A, B, C, and D and separately listed in Exhibit E.

SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The adoption of this Ordinance is under the authority of an Addendum to the Milpitas General Plan Update Final EIR (March 2021, State Clearinghouse No. 2020070348); that was prepared pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the Project’s environmental impacts are covered by and within the scope of the Milpitas General Plan Update FEIR. The Addendum Evaluation details any changes in the project, changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources.

The attached Addendum substantiates and supports the City’s determination that the HOD changes are within the scope of the General Plan EIR, do not require subsequent action under CEQA Guidelines Section 15162, and adequately analyze potential environmental impacts in conjunction with the EIR. Further, although the Project has been revised from the initial Addendum, dated April 2024, Rincon Consultants, Inc., on behalf of the City, prepared a Supplemental Letter (memorialized as an attachment to the staff report, dated January 28, 2025) and found that the proposed zoning changes and the latest revisions would result in a reduced buildout compared to the Addendum analysis. This reduction in residential units and the consistency in non-residential space reduction, specifically commercial FAR minimums and maximums, ensure that the impacts would be less significant, as previously analyzed, and similar to or reduced compared to the Addendum conclusions. Additionally, the proposed changes are consistent with the overall land use and growth projections assumed within the General Plan EIR, which has already accounted for and mitigated potential environmental impacts. Since the environmental conditions have not changed since the April 2024 Addendum, the baseline conditions for analyzing impacts remain the same.

Consequently, the reduced buildout further supports the conclusion that the impacts would be less significant, and the conclusions of the Addendum remain valid. Based on its independent review and consideration, the City Council hereby finds that the Addendum and the Supplemental Letter to the Addendum complies with the requirements of CEQA and adopts the conclusions in the Addendum and the Supplemental Letter to the Addendum on the basis of the evidence and reasoning set forth therein.

SECTION 6. SEVERABILITY

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Ordinance No. XX-XXX
The provisions of this Ordinance are severable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 7. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

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Ordinance No. XX-XXX
Exhibit A: Proposed NCMU Zones at Calaveras Blvd

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Ordinance No. XX-XXX
Exhibit B: Proposed NCMU Zones at Landess Ave

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Ordinance No. XX-XXX
Exhibit C: Proposed NCMU Zones at Dixon Rd

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Ordinance No. XX-XXX
Exhibit D: Proposed TC Zones

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Ordinance No. XX-XXX
Exhibit E: Proposed Zoning updates to implement the HODs, NCMU, and TC APN Existing
Zoning
Proposed
Zoning
8804078 C1 NCMU1
2606030 C NCMU1
8835011 C2 NCMU1
2606010 C NCMU1
2913039 C2 NCMU1
8835017 C2 NCMU1
8835018 C1 NCMU1
8836010 C2 NCMU1
2913041 C2 NCMU1
8836044 C2 NCMU1
8835015 C1 NCMU1
2606001 C1 NCMU1
8835016 C2 NCMU1
2606011 C NCMU1
2606029 C NCMU1
8836045 C2 NCMU1
8836002 CSS NCMU2
8843043 C2 NCMU2
2913014 COS NCMU2
8804010 C1 NCMU2
8804065 C1 NCMU2
8836040 CSS NCMU2
8836041 CSS NCMU2
8836025 CSS NCMU2
8804075 C15 NCMU2
2605023 C1S NCMU2
8804043 AS NCMU2
2913013 C1H NCMU2
2202050 S NCMU2
8843031 C2S NCMU2
8843002 C2 NCMU2
8843026 C2 NCMU2
2202049 S NCMU2
2201004 HSS NCMU2
8843028 C2 NCMU2
8836030 CSS NCMU2
8843027 C2 NCMU2
8836036 CSS NCMU2

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Ordinance No. XX-XXX
8836035 CSS NCMU2
8804048 C1S NCMU2
8843025 C2 NCMU2
2605024 MXD-S NCMU2
8804077 R1 NCMU3
8804076 C1 NCMU3
2605019 C1S NCMU3
2605021 C1S NCMU3
2605018 C1S NCMU3
2605020 C1S NCMU3
8804072 C NCMU3
2201011 HS NCMU3
8804060 C1 NCMU3
8804001 C1S NCMU3
8804056 C1S NCMU3
8804073 C NCMU3
2201003 HSS NCMU3
2605053 C1S NCMU3
2812025 TC TC1
2822016 TC TC1
2826001 TC TC3
2812004 TC TC1
2801001 TC TC3
2822009 TC TC1
2822132 TC TC2
2822008 TC TC1
2812013 TC TC1
2812014 TC TC1
2812016 TC TC1
2822011 TC TC2
8628051 TC TC1
8628031 TC TC1
8628032 TC TC1
8628052 TC TC1
8628033 TC TC1
8628034 TC TC1
2812020 TC TC2
8628038 TC TC2
8629079 TC TC2
8628045 TC TC2
8628035 TC TC2
8628019 TC TC2
8628040 TC TC2

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Ordinance No. XX-XXX
8628029 TC TC2
8679087 TC TC2
2826004 TC TC3
2826006 TC TC3
2826005 TC TC3
2826003 TC TC3
2812021 TC TC3
8629060 TC TC3
8628047 TC TC3
8628021 TC TC3
8628020 TC TC3
8629060 TC TC3
2822012 TC TC3
8679073 TC TC3
8628035 TC TC3
8679076 TC TC3
8679037 TC TC3
8679036 TC TC3
8679035 TC TC3
8679034 TC TC3
8679072 TC TC3
8679074 TC TC3
8679075 TC TC3
8679033 TC TC3
8679077 TC TC3
8679032 TC TC3
8679078 TC TC3
8679031 TC TC3
8679079 TC TC3
8679030 TC TC3
8679080 TC TC3
8679029 TC TC3
8679043 TC TC3
8679042 TC TC3
8679044 TC TC3
8679041 TC TC3
8679045 TC TC3
8679040 TC TC3
8679046 TC TC3
8679047 TC TC3
8679048 TC TC3
8679049 TC TC3
8679050 TC TC3

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Milpitas City CouncilApril 15, 2025

Milpitas City Council
April 15, 2025