Milpitas City Council
May 20, 2025

May 20, 2025 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL
AGENDA
TUESDAY, MAY 20, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
* To access written translation during the meeting, scan the QR Code.

The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person, unless the City Council approves remote public comment. All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items. Members of the public may submit written comments by email to [email protected]
The meeting will be streamed via Zoom for viewing purposes only unless the City Council approves remote public comment. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_HveNjPjaQSy9ZQkF2orP6w NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

MILPITAS CITY COUNCIL CODE OF CONDUCT
•Be respectful and courteous (words, tone, and body language). •Model civility.
•Avoid surprises.
•Praise publicly and criticize privately.
•Focus on the issue, not the person.
•Refrain from using electronic devices while on the Council dais. •Disclose conflicts of interest and affiliations related to agenda items. •Separate governing from campaigning.
•The Council speaks with one voice after making policy on issues. •Respect the line between policy and administration.
•Council will hold one another accountable to comply with this Code of Conduct.

May 20, 2025 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM)

PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Barbadillo)
PRESENTATIONS (7:05 PM)
● Asian American, Native Hawaiian, and Pacific Islander Heritage Month (Proclamation) ● Public Works Week - May 18-24, 2025 (Proclamation)
● National Police Week (Proclamation)
● Employee Recognition (Certificate)
PUBLIC FORUM (7:15 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Recommendation: Receive City Council Calendar of Meetings for May and June 2025.

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of May 6 and 13, 2025.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Confirm Milpitas Unified School District Appointment to the Economic Development and Trade Commission (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Receive and confirm the Milpitas Unified School District appointment to the Economic Development and Trade Commission.

C5. Veterans Commission Term Realignment (Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)

May 20, 2025 Milpitas City Council Agenda Page 3
Recommendation: (1) Approve a staggered term end date structure for the Veterans Commission to promote continuity of service and leadership; and (2) Adjust the Veterans Commission’s term expiration dates from February to March, aligning with a proposed quarterly commission recruitment cycle.

C6. Approve an Amendment to the Professional Services Agreement with TDG Engineering, Inc., for the Milpitas Gateway-Main Street Sense of Place Plan (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jay Lee, Planning Director, 408-586-3077) Recommendation: Approve and authorize the City Manager, or designee, to execute an amendment to the Professional Services Agreement with TDG Engineering, Inc., in the amount of $71,138 with additional authority to approve changes of up to 10% as required to complete the work, for a total not- to-exceed amount of $78,250.

C7. Authorize the City Manager, or Designee, to Execute a Five-Year Agreement with PSI Water Technologies, Inc. for Maintenance and Related Services of the City Microclor On-Site Hypochlorite Generation Systems (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586- 3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Authorize the City Manager, or designee, to execute a five-year agreement with PSI Water Technologies, Inc. for maintenance and related services of the City Microclor On-Site Hypochlorite Generation Systems in an amount not-to-exceed $200,000, subject to the annual appropriation of funds.

C8. Waive the Second Reading and Adopt Ordinance No. 317 to Adopt by Reference the Mapping of Fire Hazard Severity Zones as Issued by the California Department of Forestry and Fire Protection (Staff Contact: Jason Schoonover, Fire Chief, 408-586-2811; and Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586-3384)
Recommendation: (1) Waive the second reading; and (2) Adopt Ordinance No. 317 to adopt by reference the mapping of fire hazard severity zones, as issued by the California Department of Forestry and Fire Protection.

C9. Adopt a Resolution Authorizing an Application to the Home Investment Partnerships Program (HOME) (Staff Contact: Sarah Balcha, Acting Housing Official, 408-586-3268) Recommendation: (1) Adopt a resolution authorizing an application to the HOME Program; and (2) Authorize the City Manager, or designee, to execute a standard agreement, any amendments thereto, and any related documents necessary to participate in the HOME Program.

C10. Adopt a Resolution to Accept the Completed Public Improvements for the Chick-fil-A Calaveras & Hillview #04483 Project, Approve a Reduction of the Faithful Performance Bond for the Project, and Authorize the City Engineer to Release the Remaining Portion of the Bond after the One-Year Warranty Period (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602; and Michael Silveira, City Engineer, 408-586-3303) Recommendation: (1) Adopt a resolution to accept the completed public improvements for the Chick-fil- A Calaveras and Hillview #04483 Project, (2) Approve a reduction of $47,500.00 in the faithful performance bond; and (3) Authorize the City Engineer to release the remaining portion of the bond after the one-year warranty period without further City Council action, provided all required warranty work has been completed to the satisfaction of the City Engineer.

C11. Receive an Update on the Completed Security Improvements at the McCarthy Ranch Sewer Lift Station (Main Lift) and Determine that the Condition No Longer Constitutes an Emergency (Staff

May 20, 2025 Milpitas City Council Agenda Page 4
Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: (1) Receive an update on the completed security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determine by a four-fifths vote that the condition no longer constitutes an emergency and, therefore, terminate the emergency action.

C12. Receive an Update on the Water Main Repairs on Curtis Avenue and Yosemite Drive and Determine that the Condition Constitutes an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: (1) Receive an update on the Water Main Repairs on Curtis Avenue and Yosemite Drive; and (2) Determine by a four-fifths vote that the condition constitutes an emergency.

PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

13. Adopt a Resolution to Deny a Minor Site Development Permit and Zoning Variance for a Covered Deck in the Side Yard Setback at 860 Evans Road (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: (1) Conduct a public hearing, (2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303(a) (New Construction or Conversion of Small Structures) and Section 15305 (Minor Alterations in Land Use Limitations); and (3) Adopt a resolution denying the recommendation of the Planning Commission to approve Minor Site Development Permit No. MS24- 0257 and Zoning Variance No. VA25-0001 for the property located at 860 Evans Road.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:00 PM)

14. Consider Approval of Hall Park Court Priority Use and Program Plan (Staff Contact: Renée Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve conversion of two of the four Hall Park Tennis Courts to six (6) pickleball courts and direct staff on proposed site adjustments.

LEADERSHIP AND SUPPORT SERVICES (8:30 PM)

15. Review the List of New Workplan Item Requests from Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Recommendation: (1) Review list of workplan item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance; and (3) By majority vote, approve the list as so prioritized.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:00 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

May 20, 2025 Milpitas City Council Agenda Page 5
ADJOURNMENT (9:05 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

Milpitas City Council Calendar
May 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
2 3
4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
6 5:30 PM-Closed Session
7:00 PM-City Council
7 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
8 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
9 10
11 12 13
4:00 PM-Milpitas HOPE
14 4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
15 6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(WL)
16 3:00 PM-City-School Collaborative
Subcommittee
17 18 19
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)
7:00 PM-Arts Commission Special
Meeting
20 5:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
22 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)
23 24
25 26
Memorial Day – City
Observed Holiday
City Hall Closed
27 28
12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
29 30 31
April 2025

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
June 2025

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30

Milpitas City Council Calendar
June 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
3 6:00 PM-Closed Session
7:00 PM-City Council
4 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)
5 12:00 PM-Santa Clara County Library
JPA Board Meeting (CM) (Campbell,
CA)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
6 7
8 9
4:30 PM-Economic Development and
Trade Commission (WL)
10 11
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
7:00 PM-Planning Commission
12 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
13 14
15 16
7:00 PM-Science, Technology, and
Innovation Commission (WL)
17 5:00 PM-Closed Session
7:00 PM-City Council
18 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
19 20
10:00 AM-ABAG General Assembly &
Conference (HL) (Bay Area Metro
Center (375 Beale St, San Francisco,
CA 94105, United States))
21 22 23 24
1:30 PM-Senior Advisory Commission
(HL)
25 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
26 27 28
29 30
May 2025

S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
July 2025

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31

May 6, 2025 Milpitas City Council Minutes Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, MAY 6, 2025
The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on May 6, 2025, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:31 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo (5:33 PM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None
Acting City Attorney Creech briefed the City Council on the Closed Session items.

There were no public comments.

The City Council adjourned to Closed Session at 5:33 PM.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees (b) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney
(c) PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)(1)
Employee Position: Acting City Attorney
(d) CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(1)
Existing Litigation: City of Milpitas vs Dominic Chang et al., Santa Clara County Superior Court Docket 24-CV-450646
CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 7:12 PM
Acting City Attorney Christopher Creech reported out on the closed session items:

May 6, 2025 Milpitas City Council Minutes Page 2
•The City Council voted unanimously to appoint Assistant City Attorney Christopher Creech as Acting City Attorney.
•The City Council voted unanimously to form a subcommittee comprising Vice Mayor Barbadillo and Councilmember Chua to work with staff on recruitment for the position of a permanent City Attorney.

PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.

INVOCATION
Councilmember Chua provided the invocation.

PRESENTATIONS
Mayor Montano, joined by the City Council, presented proclamations in recognition of Building Safety Month and Older Americans Month.

PUBLIC FORUM
There were the following public speakers:

1. Niyati Shah

2. Rob Means

3. Eric Rodriguez

4. Voltaire Montemayor

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Lien read the Milpitas City Council Code of Conduct.

APPROVAL OF AGENDA
Councilmember Chua asked to move Item 21 to be heard before the Public Hearings.

After discussion, motion: to approve the agenda, moving Item 21 to be heard before the Public Hearings.

Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

CONSENT CALENDAR
There were no requests to make changes to the Consent Calendar.

May 6, 2025 Milpitas City Council Minutes Page 3
There were the following public speakers:

1. BJ Navarro
After discussion, motion: to approve the Consent Calendar.

Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for May 2025.

2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of April 2 and 15, 2025.

3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.

5. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Carmen Montano, 408-586-3024)
Received recommendations from Mayor Montano and approved the following recommendations for appointments to City Commissions:

Arts Commission:

1. Appoint Precious Canaveral to a nonvoting student seat with an unexpired term ending October 2026.

Community Housing Commission:

1. Reappoint Armilyn Quijano to a full voting seat with an unexpired term ending January 2028.

2. Reappoint Jinky Peralta to a full voting seat with an unexpired term ending January 2028.

3. Reappoint Oscar Leon to a full voting seat with an unexpired term ending January 2028.

Library and Education Advisory Commission:

1. Promote Naga Sannidhi to a full voting seat with an unexpired term ending June 2027.

Parks, Recreation and Cultural Resources Commission:

1. Appoint Bhupendra Kumar as Alternate No. 2 with an unexpired term ending June 2026.

Science, Technology and Innovation Commission:

May 6, 2025 Milpitas City Council Minutes Page 4

1. Reappoint Aahan Shah to a nonvoting student seat with an unexpired term ending January 2028.

2. Reappoint Amrita Mukherjee to a full voting seat with an unexpired term ending January 2028.

3. Reappoint Anh Bao to a full voting seat with an unexpired term ending January 2028.

4. Reappoint Kevin Le to a full voting seat with an unexpired term ending January 2028.

5. Reappoint Ratan Choudhury to a full voting seat with an unexpired term ending January 2028.

6. Appoint Vishal Gandhi as Alternate Member No. 1 with an unexpired term ending January 2027.

Senior Advisory Commission:

1. Reappoint Barbara Jo Navarro to a full voting seat with an unexpired term ending December 2027.

6. Adopt a Resolution and Increase Appropriation for the Annual Regional Wastewater Facility O&M and CIP Payments to the City of San Jose by $2,027,512 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Adopted Resolution No. 9405 and increased the appropriation for the Annual Wastewater Facility O&M and CIP Payments to the City of San Jose by $2,027,512.

7. Approve an Amendment to the Professional Services Agreement with Lisa Wise Consulting, Inc. for the Comprehensive Zoning Ordinance Update (Staff Contacts: Holly Pearson, Senior Special Projects Associate, 408-609-0072; and Jay Lee, Planning Director, 408-586-3077) Approved and authorized the City Manager, or designee, to execute an amendment to the professional services agreement with Lisa Wise Consulting, Inc. in the amount of $6,870 for the Comprehensive Zoning Ordinance Update project.

8. Waive the Second Reading and Adopt Ordinance No. 38.857 to Amend Chapter 10, Section 6 of Title XI of the Milpitas Municipal Code Regarding the Establishment of the Neighborhood Commercial Mixed-Use (NCMU) Zoning District and Town Center (TC) Subdistricts, and Amend the Designation of Certain Parcels within the Zoning Map (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
(1) Determined that the EIR Addendum and Supplemental Letter to the Addendum properly evaluate the potential environmental impacts of the proposed Zoning Amendments and are in compliance with CEQA Guidelines §15162 and §15164, (2) Waived the second reading and adopted Ordinance No.

38.857 approving Zoning Text and Zoning Map Amendment No. ZA24-0001 amending Chapter 10, Section 6 of Title XI of the Milpitas Municipal Code regarding the establishment of the Neighborhood Commercial Mixed-Use (NCMU) Zoning District and Town Center (TC) Subdistricts; and (3) Amended the designation of certain parcels within the Zoning Map.

9. Adopt a Resolution Designating Street Resurfacing 2025-26, Project No. 4307, to be Funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017 (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Adopted Resolution No. 9406 designating Street Resurfacing 2025-2026, Project No. 4307, to be funded by California Senate Bill 1 - The Road Repair and Accountability Act of 2017.

10. Adopt a Resolution Requesting the Allocation, Acceptance and Appropriation of Transportation Development Act Article 3 Funds for the Americans with Disabilities Act Curb Ramp Transition Program, Project No. 4283 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586- 2602; Michael Silveira, City Engineer, 408-586-3303)
(1) Adopted Resolution No. 9407 requesting allocation of Transportation Development Act Article 3 Funding for the City’s Americans with Disabilities Act Curb Ramp Transition Program, Project No.

May 6, 2025 Milpitas City Council Minutes Page 5
4283; (2) Authorized the City Manager, or their designee, to negotiate, accept and execute grant agreements and all ancillary documents necessary to execute the respective grant agreements administered by the funding agency, Metropolitan Transportation Commission, in an amount not-to- exceed $281,351; and (3) Appropriated $281,351 into the construction phase (Phase 7) for the ADA Curb Ramp Transition Program, Project No. 4283.

11. Adopt a Resolution to Accept the Improvements, Authorize the City Engineer to File a Notice of Completion and Issue a Notice of Final Acceptance After the One-Year Warranty, and Authorize Design Services Agreement Amendment No. 2 with MNS Engineers, Inc. for Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) (1) Adopted Resolution No. 9408 to accept improvements, (2) Authorized the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty; and (3) Approved and authorized the City Manager to execute Amendment No. 2 to the Design Services Agreement with MNS Engineers, Inc. in the amount of $99,651 for Fire Station 1 Pressure Reducing Stations Reconstruction, Project No. 7133.

12. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to VSS International, Inc. for Street Sealing Project 2024, Capital Improvement Plan (CIP) Nos. 3424, 3426, 4283, 4305 and 7118; and Approve the Budget Amendment for the Street Resurfacing Project 2023-24, CIP No. 4305 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Adopted Resolution No. 9409 to (1) Approve Project plans and specifications, (2) Authorize the City Manager, or designee, to award and execute the construction contract with VSS International, Inc. in the amount of $3,031,971.04, (3) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $316,000.00 for Street Sealing Project 2024, CIP Nos. 3424, 3426, 4283, 4305 and 7118; and (4) Approve the budget amendment in the amount of $208,372.40 from the California State Bill 1 Road Maintenance and Rehabilitation Account (SB1 RMRA) for the Street Resurfacing Project 2023-24, CIP No. 4305.

13. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments for Landscaping and Lighting Maintenance Assessment District No. 95-1 McCarthy Ranch (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
(1) Adopted Resolution No. 9410 approving the Annual Engineer’s Report, (2) Adopted Resolution No. 9411 declaring the intent to levy and collect assessments; and (3) Provided notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 95-1 McCarthy Ranch.

14. Adopt Resolutions Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments for Landscaping and Lighting Maintenance Assessment District No. 98-1 Sinclair Horizon (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
(1) Adopted Resolution No. 9412 approving the Annual Engineer’s Report; (2) Adopted Resolution No. 9413 declaring the intent to levy and collect assessments; and (3) Provided notice of a public hearing to be held on June 3, 2025, for Landscaping and Lighting Maintenance Assessment District No. 98-1 Sinclair Horizon.

15. Approve and Authorize the City Manager to Execute An Amended and Restated Master Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for

May 6, 2025 Milpitas City Council Minutes Page 6
Bike and Pedestrian Outreach, CIP No. 4306 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Approved and authorized the City Manager to execute an Amended and Restated Master Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority for Bike and Pedestrian Outreach, CIP No. 4306.

16. Receive an Update on the Security Improvements at the McCarthy Ranch Sewer Lift Station (Main Lift) and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) (1) Received an update on the security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.

17. Adopt a Resolution Approving the Public Art Master Plan (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Adopted Resolution No. 9414 approving the Public Art Master Plan.

LEADERSHIP AND SUPPORT SERVICES

21. Adopt a Resolution Appointing an Acting City Attorney (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3086)
Interim City Manager Deanna Santana introduced the item. Assistant City Manager Matt Cano presented the item, noting there was no presentation but he was available for questions.

There was the following public speakers:

1. Voltaire Montemayor
After discussion, motion: to (1) Adopt Resolution No. 9415 to appoint an Acting City Attorney effective on adoption and continuing until City Council takes further action; and (2) Authorize the City Manager, or designee, to take such other actions as necessary and appropriate to carry out the purpose of this appointment, including establishment of acting pay..

Motion/Second: Councilmember Chua / Councilmember Lien Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

PUBLIC HEARINGS

18. Adopt a Resolution Approving the FY 2025-26 Development and Storm Impact Fee Schedule for the Transit Area Specific Plan (TASP) Impact Fee, the Calaveras Boulevard Widening Traffic Impact Fee, and the Storm Drain Fee (Staff Contact: Luz Cofresí-Howe, Finance Director, 408- 586-3111)
Interim City Manager Santana introduced the item. Finance Director Cofresí-Howe presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Voltaire Montemayor

May 6, 2025 Milpitas City Council Minutes Page 7
Mayor Montano closed the public hearing.

During Council discussion, Vice Mayor Barbadillo asked for clarification on how the fees are calculated and used. Finance Director Cofresí-Howe explained they are based on the San Francisco City Construction Cost Index and are used to offset infrastructure costs related to new development.

Mayor Montano inquired about the duration of these impact fees. Acting City Attorney Creech clarified they are ongoing as long as new development occurs, with each new project paying fees at the time of approval.

Councilmember Lam asked about the decrease in fees. Finance Director Cofresí-Howe confirmed it was a slight decrease and explained it was based on industry standard publications.

After discussion, motion: to adopt Resolution No. 9416 approving the FY 2025-26 Development and Storm Impact Fee Schedule for the Transit Area Specific Plan (TASP) Impact Fee, the Calaveras Boulevard Widening Traffic Impact Fee, and the Storm Drain Fee..

Motion/Second: Councilmember Lien / Councilmember Chua Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

19. Introduce an Ordinance to Adopt by Reference the Mapping of Fire Hazard Severity Zones as Issued by the California Department of Forestry and Fire Protection (Staff Contact: Jason Schoonover, Fire Chief, 408-586-2811)
Interim City Manager Santana and Fire Chief Schoonover introduced the report. Deputy Fire Chief / Fire Marshal Belton presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Voltaire Montemayor
Mayor Montano closed the public hearing.

Councilmember Lien asked about fire risks from dryer vents and ducts. Deputy Fire Chief Belton confirmed they can cause fires and recommended emptying lint traps regularly.

Vice Mayor Barbadillo inquired about the city's role after adopting the maps. Deputy Fire Chief Belton explained there are no additional requirements for moderate hazard zones, unlike high or very high zones which would require implementing certain code requirements.

Councilmember Lam asked for clarification on the map colors and hazard levels in areas bordering Milpitas. Deputy Fire Chief Belton explained the color distinctions and confirmed that fires in neighboring areas could impact Milpitas depending on conditions.

Acting City Attorney Creech read aloud the title of the ordinance.

After discussion, motion: to (1) waive the reading beyond the title; and (2) Introduce Ordinance No. 317 to adopt by reference the mapping of fire hazard severity zones, as issued by the California

May 6, 2025 Milpitas City Council Minutes Page 8
Department of Forestry and Fire Protection.

Motion/Second: Councilmember Lien / Vice Mayor Barbadillo Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

20. Consider a Substantial Amendment to the 2022-2025 Consolidated Plan and 2024-2025 Annual Action Plan (Staff Contact: Sarah Balcha, Acting Housing Official, 408-586-3222) Interim City Manager Santana introduced the item. Acting Housing Official Sarah Balcha presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Alaina Purcell Schroeder

2. Voltaire Montemayor
Mayor Montano closed the public hearing.

Councilmember Chua asked for clarification on the Milpitas Historic Downtown Association boundary and its purpose. Economic Development Coordinator Thomas explained it aligns with the council's priority of investing in Main Street revitalization.

Councilmember Lien inquired about restrictions on how businesses could use the grant funds.

Economic Development Coordinator Thomas explained eligible uses include supplies, equipment, tenant improvements, utilities, rent, and employee salaries.

Councilmember Lam suggested equalizing all grants to $5,000 to benefit more businesses citywide.

After extensive discussion, the Council reached consensus on the following approach for CDBG funding allocations:

1. Program Administration: $16,217.05

2. FY 2025-26 Public Services: $12,162.79

3. Rebuilding Together Silicon Valley: $385,000

4. Microenterprise Assistance Program: $262,588.26
With the following directions for the implementation of the Microenterprise Assistance Program:
•Divide program into 2 areas (1) Milpitas Historic Downtown Business Association for $100,000 and Remainder of City for $135,000;
•First priority in each area will be to award grants to daycare/childcare businesses that did not receive funding last year;
•Second priority in each area will be to award grants to non daycare/childcare businesses that did not receive grants during the prior program year in each section. •Third priority, if funding remains in Milpitas Historic Downtown area after priorities 1 and 2 above and eligible businesses remain in the Citywide area based on priority 1 and 2 above, then provide remaining money to those citywide eligible businesses;

May 6, 2025 Milpitas City Council Minutes Page 9
•Fourth priority, if funding still remains, would be to provide remaining funding to business who did receive a grant in a prior cycle, mimicking the above priority in order of providing funds.

The Council also directed staff to conduct broad outreach efforts to raise awareness and ensure greater participation among eligible microenterprises. Any unallocated funds initially reserved for downtown businesses may be redirected to support businesses elsewhere in the city to ensure full utilization of available funds prior to expenditure deadlines.

In addition, staff was directed to continue exploring separate rental assistance options outside of the CDBG program, due to current program limitations on rental assistance expenditures.

After discussion, motion: to (1) Approve a substantial amendment to the 2022-2025 Consolidated Plan and the 2024-2025 Annual Action Plan; and (2) Authorize the City Manager, or designee, to make any necessary changes to the Plans.

Motion/Second: Councilmember Chua / Councilmember Lien
Motion carried by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Interim City Manager Deanna Santana provided updates on the Milpitas Youth Force summer employment program and an upcoming Story Walk installation event at Murphy Park. She also congratulated City Clerk Suzanne Guzzetta on her appointment as First Vice President of the California Municipal Clerks Association.

Councilmember Chua thanked staff for successful commissioner appreciation dinner and Black April commemoration events. She also congratulated the interim City Manager and Acting City Attorney on their appointments.

Councilmember Lam noted May is Asian American Pacific Islander (AAPI) Heritage Month, highlighting the importance of celebrating Asian American and Pacific Islander communities' contributions and history.

Councilmember Lien echoed appreciation for the Black April event and suggested recognizing the young performers from the event at a future meeting.

Mayor Montano welcomed Interim City Manager Deanna Santana and congratulated Acting City Attorney Christopher Creech and City Clerk Suzanne Guzzetta on their new roles.

ADJOURNMENT
Mayor Montano adjourned the meeting at 9:04 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

May 13, 2025 Milpitas City Council Minutes Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, MAY 13, 2025
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on May 13, 2025, in the Barbara Lee Senior Center, 40 N Milpitas Blvd, Room 140/141, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:32 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None

PLEDGE OF ALLEGIANCE
Councilmember Chua led the Pledge of Allegiance.

PUBLIC FORUM
There were no public speakers.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. Acting City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Barbadillo read the City Council Code of Conduct.

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

Motion/Second: Councilmember Chua / Councilmember Lien by the following:

AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None

AGENDA ITEMS

1. Receive a Presentation on the FY 2025-26 Proposed City of Milpitas Operating Budget, and Provide Direction Approving the FY 2025-26 Proposed Operating Budget and Proposed Fiscal Strategy Framework (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111)

May 13, 2025 Milpitas City Council Minutes Page 2
Interim City Manager Santana introduced the item. Finance Director Cofresí-Howe and Budget Director Vurich presented the report.

Council members engaged in extensive discussion about the budget proposal and fiscal strategy.

Points of discussion included:
•Councilmember Chua expressed concern about relying too heavily on cost allocation changes rather than true expenditure reductions. She urged staff to look at potential position cuts sooner rather than later.
•Vice Mayor Barbadillo questioned whether the proposed reductions and revenue strategies would be sufficient to address the long-term deficit. He emphasized the need for more focus on economic development and increasing revenues.
•Councilmember Lien cautioned against discussing potential position cuts, stressing the importance of staff morale and the ability to tap reserves if needed. •Mayor Montano expressed support for the methodical approach proposed by staff, praising the focus on efficiency and long-term planning rather than immediate cuts.

City Manager Santana addressed Council concerns, explaining the rationale behind the proposed strategy and emphasizing the need for a multi-pronged approach including housekeeping measures, organizational assessment, and revenue generation. She outlined plans for ongoing budget monitoring and adjustment throughout the year.

Following discussion, the Council provided consensus direction on priority items to be incorporated into the final budget proposal:
•Ongoing funding for the Black April ceremony ($5,000 annually) - unanimous consensus •Ongoing funding for the Milpitas Community Concert Choir - unanimous consensus •Creation of a Milpitas Summer College Internship Program - unanimous consensus •Increase funding for the Milpitas Assistance Program (MAP) - unanimous consensus •Exploring options for a temporary police substation on Main Street - unanimous consensus Additionally, Councilmember Chua also expressed interest in reviewing and potentially adjusting the salary for council interns to offer a broader and more flexible pay range to attract more qualified candidates.

Interim City Manager Santana responded that there is a plan already for a net zero request to repurpose positions without increasing the general fund deficit, and some changes related to internship compensation would likely be included in the upcoming budget for consideration by June 3.

The City Council recessed at 7:40 PM and Reconvened at 7:51 PM.

Interim City Manager Santana resumed the presentation.

The Mayor and Council offered final remarks on the presentation.

Staff indicated they would return at the June 3, 2025, City Council meeting with the final budget proposal incorporating the Council's direction from this meeting.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Interim City Manager Santana thanked staff for their work on the budget preparation and announced that May 11-17 is National Police Week, honoring fallen officers killed in the line of duty. She emphasized the importance of recognizing the work and sacrifices of police officers.

May 13, 2025 Milpitas City Council Minutes Page 3

ADJOURNMENT
Mayor Montano adjourned the meeting at 8:10 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 5/16/2025
June 3, 2025 – Regular Meeting (7:00 PM)

CLOSED SESSION
INVOCATION (Councilmember Lien)

PRESENTATION
None

CONSENT CALENDAR

1. Receive City Council calendar for June 2025 (City Clerk)

2. Approve City Council meeting minutes of May 20, 2025 (City Clerk)

3. Preview list of items for June 17, 2025 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

6. 3FQ25 Financial Position (Finance)

7. Amendment to Ascent Contract for Gateway Plan (Planning)

8. Resolution to receive MTC TOC Policy Grant (Planning)

9. Dempsey Road Water Valve replacement Construction Final Acceptance (Public Works / Engineering)

10. Water Main Repairs Emergency Declaration (Public Works)

11. Enterprise Lease Agreement (Public Works)

PUBLIC HEARINGS

12. FY 2025-26 Operating Budget Adoption (Finance)

13. 2026-2030 Capital Improvement Program Adoption (Finance)

14. CDBG FY 2025-2030 Consolidated Plan and FY 25-26 Annual Action Plan (Housing)

15. Conduct Public Hearing to Assess Levy for LLMD District No. 95-1 (Public Works / Engineering)

16. Conduct Public Hearing to Assess Levy for LLMD District No. 98-1 (Public Works / Engineering)

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Confirm Milpitas Unified School District Appointment to the Economic Development and Trade Commission (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/20/2025
Recommendation Receive and confirm the Milpitas Unified School District appointment to the Economic Development and Trade Commission.

Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members confirmed by the City Council. The Commissions advise Milpitas elected officials on a variety of community interest and policy areas. Commissioner appointments and removals are governed by various sections of the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.

Certain commission seats have specific requirements to be filled including recommendation for appointment by outside organizations. One seat on the Economic Development and Trade Commission is designated as a Milpitas Unified School District representative seat. The Milpitas Unified School District appoints a representative and that appointment is confirmed by the Milpitas City Council.

Analysis:

Appointments are as follows:

Economic Development and Trade Commission:

1. Confirm reappointment of Chris Norwood to the Milpitas Unified School District representative seat with a term ending April 2028
Fiscal Impact:

There is no fiscal impact associated with this item.

CEQA:

The action is continuing administrative or maintenance activity and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378.

Recommendation:

Receive the Milpitas Unified School District appointment for appointment to the Economic Development and Trade Commission and confirm appointment.

Attachments:

None.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Veterans Commission Term Realignment (Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/6/2025
Recommendation: Approve revisions to the Veterans Commission Bylaws Addendum to (1) approve a staggered term end date structure for the commission; and (2) adjust the term expiration dates from February to March.

Background:

The Veterans Commission is composed of community members appointed by the Mayor and confirmed by the City Council, pursuant to Government Code Section 40605. Commissioners serve three-year terms and advise the City on policies and initiatives related to veterans’ interests. Like other Milpitas commissions, their appointments and terms are governed by provisions in the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.

At present, all terms on the Veterans Commission are set to expire simultaneously in February 2025. This synchronized expiration schedule creates the potential for a complete membership turnover at the end of each cycle, which may negatively impact the continuity and effectiveness of the commission.

All terms on the Veterans Commission were set to expire simultaneously in February 2025. Although those terms have now expired, per the Milpitas Commissioner Handbook, commissioners are continuing to serve until they are either reappointed or replaced. This current expiration schedule creates the potential for a complete membership turnover at the end of each cycle, which may negatively impact the continuity and effectiveness of the commission.

At the Veterans Commission’s regular meeting on February 5, 2025, staff presented the concept of staggered term expirations to address this issue. The Commission expressed support for the proposed changes and agreed that staggering terms would help preserve institutional knowledge and ensure smoother transitions between commissioners.

Additionally, commission terms across the City currently expire in six different months throughout the year, which places a year-round administrative burden on the recruitment process. To address this, the City Clerk’s Office is exploring a shift to a quarterly commission recruitment cycle to consolidate outreach efforts, improve predictability, and enhance public engagement. Aligning the Veterans Commission’s term end date with this quarterly schedule – specifically to March – would serve as a pilot for broader improvements to the City’s commission management process.

Analysis:

Staggering terms on advisory bodies is a best practice in municipal governance. It preserves institutional memory, promotes balanced representation, and ensures continuity during membership transitions. Without staggered terms, the Veterans Commission risks losing all its experienced members at once, potentially disrupting ongoing initiatives and reducing its effectiveness.

The proposed realignment would distribute term expirations across multiple years, supporting a smoother onboarding process for new commissioners and reducing the impact of any single appointment cycle.

Staggering also helps balance workload related to managing recruitments and appointments.

In addition, shifting the Veterans Commission term expiration date from February to March aligns with a proposed Citywide move to quarterly commission recruitment cycles. The City Clerk’s Office is evaluating this

model to consolidate recruitment efforts, enhance transparency, and simplify public access to open positions.

Currently, commission terms expire in six different months throughout the year. Standardizing end dates across four quarters (March, June, September, and December) would reduce administrative complexity and improve planning for both the public and staff.

Realigning the Veterans Commission’s term end date to March and introducing staggered terms provides a timely opportunity to pilot this more structured approach. It would allow for smoother onboarding of new members, minimize operational disruption, and provide a model for improving commission administration citywide.

The revised terms for the Veterans Commission would be staggered to expire in March 2026, March 2027, and March 2028. In accordance with California Government Code Section 40605, the Mayor of a General Law City holds the authority to make commission appointments, subject to City Council confirmation. As such, the Mayor would determine which current commissioners are appointed to each of the newly aligned term lengths.

Fiscal Impact:

There is no fiscal impact associated with this item.

Recommendation:

Approve revisions to the Veterans Commission Bylaws Addendum to:
(1) Approve a staggered term end date structure for the commission; and (2) Adjust the term expiration dates from February to March..

Attachments:
(a) Veterans Commission Draft Revised Bylaws Addendum

CITY OF MILPITAS

STANDARD COMMISSION
BYLAWS
Addendum: Veterans Commission
The Veterans Commission was established by City Council on December 1, 2009.

Advisory Area
This Commission will advise the Council on services and programs affecting Milpitas veterans.

Membership
All members and alternates shall be Milpitas residents who are honorably discharged U.S. veterans or are actively serving members in any branch of the U.S. military.

Terms
Beginning in 2025, commissioner terms shall be staggered so that all commissioner seats expire in March and no more than three commissioner seats expire in any given year. In order to achieve staggered terms, seats shall be initially assigned to expire in one of each of the three years following the adoption of this section. The student commissioner seat is exempt from this limitation.

Meetings
The Veterans Commission shall hold meetings the 1st Wednesday of February, April, June, August, October, and December, at 5:30 PM at the Committee Conference Room in City Hall, or another designated location.

PASSED AND ADOPTED MAY 20, 2025.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve an Amendment to the Professional Services Agreement with TDG Engineering, Inc., for the Milpitas Gateway-Main Street Sense of Place Plan (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jay Lee, Planning Director, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 5/20/2025
Recommendation: Approve and authorize the City Manager, or designee, to execute an amendment to the Professional Services Agreement with TDG Engineering, Inc., in the amount of $71,138 with additional authority to approve changes of up to 10% as required to complete the work, for a total not-to-exceed amount of $78,250.

BACKGROUND:

The Milpitas Gateway-Main Street Specific Plan (Plan) was originally adopted as the Midtown Specific Plan by the Milpitas City Council in March 2002 to maximize land uses, transportation, and economic opportunities along the City’s historic Main Street and energize and catalyze mixed-use, transit-oriented development in this area, also known as the “heart” of Milpitas. At present, the Plan provides for development up to 2,328 new dwelling units, supporting retail, and new office and employment uses at key locations. Development activity in recent years has been mixed and includes approval and construction of 1,200 units of multifamily housing, reinvestment in the adjacent Great Mall, and the extension of the Santa Clara Valley Transportation Authority (VTA) Light Rail Transit (LRT) line. Recent successful multifamily residential developments, which promoted the vision and goals of the Plan, are concentrated in the southern end of the Plan area south of Curtis Avenue.

Originally encompassing 942 acres of land, Plan boundaries were amended in 2010 to remove parcels of land in the southern end of the Plan area and prioritize areas in greater need of reinvestment.

Since adoption of the current Plan in 2002, little of the development potential has been realized, and the City believes that several vacant and underutilized sites have the potential for additional catalytic development and investment, especially along Main Street and Calaveras Boulevard. Obstacles to redevelopment in Midtown include haphazard parcel sizes and dimensions, disparate property ownership, and lack of a cohesive identity.

Other challenges include gaps in the transportation network (i.e., weak connection to Calaveras Boulevard to the north and disconnected cul-de-sacs) and shortage of recreational opportunities to complement existing creeks and trails in the Plan area.

The revitalization of Main Street is one of the City’s 2020 Economic Development Strategy key goals and priorities. To support these efforts, the Milpitas City Council created an Ad Hoc Main Street Revitalization Subcommittee to lead and direct City staff in implementing this new vision and strategy for the revitalization of historic Main Street.

To meet the San Francisco Bay Area’s long-range goals of reduced greenhouse gas emissions and more affordable housing for all, the Metropolitan Transportation Commission (MTC) has been offering funding and technical assistance to local jurisdictions through its Priority Development Away (PDA) Planning Program since 2007. On February 23, 2023, City staff applied for grant funding to prepare the Milpitas Gateway-Main Street Sense of Place Plan and was awarded $600,000 in funding for this work. Further, the City has allocated this funding as part of the 2025-29 Capital Improvement Program (CIP) in CIP Project No. 3504, Milpitas Gateway- Main St. Impact Fee Study and Sense of Place Plan.

On November 19, 2024, the City Council adopted a resolution to accept the grant award from MTC and approved and authorized the City Manager to execute a two-year Professional Services Agreement with TDG Engineering, Inc., for a Milpitas Gateway-Main Street Sense of Place in an amount not to exceed $420,000.

ANALYSIS:

An update to the Milpitas Gateway-Main Street Specific Plan is underway; the project was initiated in late 2021 and is estimated to be completed by the end of 2025. The public review draft of the Gateway-Main Street Specific Plan was released on April 17, 2025. This Agenda Report is seeking authority to approve and authorize the City Manager, or designee, to execute an amendment to the Professional Services Agreement (Amendment) with TDG Engineering, Inc. for the following scope of work.

During staff’s review of the administrative draft plan and Environmental Impact Report (EIR), Main Street’s storm drain capacity was flagged for a future study. To keep the project on schedule and within budget, staff identified additional funding capacity to study the storm drain infrastructure as part of the Gateway-Main Street Sense of Place Plan. TDG Engineering, Inc. contacted BKF Engineers to create a scope of work for the storm drain extension planning. As part of the Amendment, BKF Engineers will create a final infrastructure Plan for the Sense of Place Plan.

During the Sense of Place Plan’s project kick-off, staff also identified the need for additional community engagement work. TDG Engineering, Inc. will develop and provide content for a dedicated project webpage, create an online survey to gather input on the community’s vision, and design sidewalk decals and lawn signs to maximize visibility and engagement. Additionally, TDG Engineering, Inc. will attend and present at City Council, Planning Commission, and Ad Hoc Main Street Revitalization Subcommittee meetings to introduce the project and present community feedback. A technical memo will also be prepared summarizing key findings from the Starter Workshop, survey results, and preliminary direction to inform the rest of the project.

The City was awarded $600,000 in funding from MTC for this project, and the previously approved Professional Services Agreement with TDG Engineering, Inc. was in an amount not-to-exceed $420,000. The additional scope of work for $71,138, plus an additional 10% authority to approve changes in the amount of $7,112 for a total amount not-to-exceed, will be fully reimbursed by the grant award.

Staff recommends the City Council approve and authorize the City Manager, or designee, to execute an Amendment to the Professional Services Agreement with TDG Engineering, Inc. This Amendment amounts to $71,138, with an additional contingency of 10%, equating to $7,112. The total not-to-exceed amount for this Amendment will be $78,250, bringing the overall not-to-exceed total for the Amended Agreement to $498,250.

POLICY ALTERNATIVE(S):

Alternative 1: Do not execute the amendment to the Professional Services Agreement with TDG Engineering, Inc. for the Milpitas Gateway-Main Street Sense of Place Plan project.

Pros: None.

Cons: The City would not able to conduct additional community engagement or plan for additional storm drain infrastructure within the project area.

Reason for Not Recommending: Without additional engagement, the project would be missing key feedback from various stakeholders. Further, the Gateway-Main Street Specific Plan would miss an opportunity to study the necessary storm drain improvements to accommodate future development and include the infrastructure planning in the plan-specific impact fee study.

FISCAL IMPACT:

Should Council approve this contract Amendment, the revised agreement is for an amount not to exceed $71,138, with an additional 10% contingency authority (if required) of $7,112, for a total not-to-exceed of $78,250 for this Amendment. Funding for this Professional Services Agreement has been approved through the current Capital Improvement Program (CUP) Project No. 3504 Milpitas Gateway-Main St. Impact Fee

Study and Sense of Place Plan. The funding source of the project comes from the Priority Development Area (PDA) Planning Grant Program through the Metropolitan Transportation Commission (MTC). As of the writing of this agenda report, the unencumbered balance for the project is $180,000.

Fiscal Summary of Contract (2 Years):

Task Descriptions Not to Exceed1
Task 1: Project Initiation & Management $41,140
Task 2: Existing Conditions Analysis 36,842
Task 3: Public Engagement 46,698
Task 4: Preliminary Design 138,540
Task 5: Draft Plan 51,094
Task 6: Impact Fee Study 63,350
Task 7: Final Plan & Impact Fee Adoption 30,252
Task 8: Additional Engagement 22,742
Task 9: Storm Drain Extension Planning 45,036
Allowance for reimbursable incidentals (subject to pre-approval by City)2 15,444 Total Contract Cost (2 Years) $491,138
Additional Requested 10% contingency authority, if needed 7,112 Total Not-to-Exceed Cost $498,250
1 City to be billed based on costs associated with actual vendor hours required to complete the work. 2 Reimbursable incidentals include, but are not limited to, printing, copying, travel, etc. as required and approved in advance by City.

City will reimburse vendor at vendor’s actual cost or U.S. General Services Administration (GSA)-approved rates for pre-approved expenses.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The project involves only feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded and does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors pursuant to Cal. Code Regs., tit. 14, § 15262.

RECOMMENDATION:

Approve and authorize the City Manager, or designee, to execute an amendment to the Professional Services Agreement with TDG Engineering, Inc. in the amount of $71,138 with additional authority to approve changes of up to 10% as required to complete the work, for a total not-to-exceed amount of $78,250.

ATTACHMENT(S):

N/A.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize the City Manager, or Designee, to Execute a Five-Year Agreement with PSI Water Technologies, Inc. for Maintenance and Related Services of the City Microclor On-Site Hypochlorite Generation Systems (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/20/2025
Recommendation: Authorize the City Manager, or designee, to execute a five-year agreement with PSI Water Technologies, Inc. for maintenance and related services of the City Microclor On-Site Hypochlorite Generation Systems in an amount not-to-exceed $200,000, subject to the annual appropriation of funds.

BACKGROUND:

The City of Milpitas operates and maintains a water distribution system that includes 206 miles of water lines, 4 pumping stations, 5 storage reservoirs, and numerous pressure-regulating valves across 7 pressure zones.

This infrastructure delivers 11 million gallons of potable water per day to approximately 15,884 service connections. In 2022, the City rented Microclor On-Site Hypochlorite Generation Systems from PSI Water Technologies, Inc. (PSI) to test the equipment’s ability to produce sodium hypochlorite onsite for water treatment purposes. This approach is generally a safer and more efficient alternative to traditional chlorine delivery methods. The testing was successful, and the City subsequently purchased four of these systems through its energy and water efficiency project activities. These systems are fully integrated with the City’s Supervisory Control and Data Acquisition (SCADA) system, which is the control system used to operate and monitor the City water distribution system.

On February 7, 2024, the City entered into an agreement (Agreement) with PSI to provide quarterly maintenance for these systems. This purchase was approved as a sole source by the Purchasing Agent on February 6, 2024 pursuant to the City’s Municipal Code Section I-2-3.06 - Sole Source Procurement as the equipment is proprietary, and the vendor does not utilize authorized service providers. The Agreement is for a not-to-exceed amount of $28,020 and has an end date of June 30, 2025.

ANALYSIS:

It is critical these treatment systems be regularly maintained and repaired to ensure optimal operation, and that they last for their projected useful life of 15-20 years. With the current Agreement expiring June 30, 2025, staff reassessed the current sole source and determined that PSI still does not utilize authorized service providers for their proprietary equipment. On April 27, 2025, the Purchasing Agent approved a new sole source request for a period of five years pursuant to the City’s Municipal Code Section I-2-3.06 - Sole Source Procurement for these ongoing services. These systems are protected by one or more patents owned by PSI, and PSI is the sole authorized service provider for this equipment. Engaging an unauthorized vendor to provide these services would void the City’s existing warranties with PSI.

Staff requests authorization to execute a five-year contract for quarterly maintenance and related services for these systems to ensure system longevity and optimal operation. These systems enhance the City's operational efficiency and flexibility, improve water quality, and reduce energy consumption. Of the $200,000 to be included in the new five-year Agreement estimated to begin July 1, 2025, $147,188 will be for regular quarterly preventative maintenance services with the remaining balance of $52,812 to be utilized as required for repairs, parts replacement, and related services not covered under preventative maintenance. Contacts for services valued at over $100,000 generally require approval by the City Council pursuant to Municipal Code Section I-4-2.01.

POLICY ALTERNATIVE(S):

Alternative 1: Do not authorize the City Manager, or designee, to execute the five-year Agreement with PSI for maintenance and related services.

Pros: None.

Cons: The City would not be able to properly maintain the existing Microclor On-Site Hypochlorite Generation Systems, potentially compromising their operational efficiency, longevity, and integration with the SCADA system.

Reason for Not Recommending: The City owns and operates four Microclor On-Site Hypochlorite Generation Systems which are proprietary to PSI. No other vendors are authorized to service this equipment. Additionally, utilizing an unauthorized vendor would nullify the City’s existing warranties on these systems.

FISCAL IMPACT:

Sufficient funds for the project are requested in the Public Works Operating Budget for Fiscal Year 2025-26, which is subject to City Council review and approval in June 2025. Ongoing costs will be subject to the annual appropriation of funds.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The City Council approval of this Agreement is exempt from environmental review pursuant to the California Environmental Quality Act, CEQA Guideline 15301 given this project amounts to maintenance of existing public structures and facilities involving negligible or no expansion of use.

RECOMMENDATION:

Authorize the City Manager, or designee, to execute a five-year agreement with PSI Water Technologies for maintenance and related services of the City Microclor On-Site Hypochlorite Generation Systems in an amount not-to-exceed $200,000, subject to the annual appropriation of funds.

ATTACHMENT(S):

N/A

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 317 to Adopt by Reference the Mapping of Fire Hazard Severity Zones as Issued by the California Department of Forestry and Fire Protection (Staff Contact: Jason Schoonover, Fire Chief, 408-586-2811; and Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586-3384)
Category: Consent Calendar-Public Safety
Meeting Date: 5/20/2025
Recommendation: (1) Waive the second reading; and (2) Adopt Ordinance No. 317 to adopt by reference the mapping of fire hazard severity zones, as issued by the California Department of Forestry and Fire Protection.

BACKGROUND:

In response to the devastating wildland-urban fire in Oakland in 1991, California adopted the Bates Bill (Government Code sections 51175 et seq.), which together with Public Resources Code section 4202 mandates the California Board of Forestry and Fire Protection (CAL FIRE) map all very high fire danger areas within both State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) throughout the state. LRAs are those areas of the state where a local government agency has primary responsibility for fire protection. The City of Milpitas is categorized as an LRA.

In 2021, the legislation was modified to require the California State Fire Marshal also identify moderate and high fire severity zones throughout the state. The law requires local agencies to designate, by ordinance, moderate, high and very high fire hazard severity zones (FHSZ) within their jurisdictions based on recommendations of the State Fire Marshal. Pursuant to Government Code section 51179, a local agency is prohibited from decreasing the level of fire hazard severity zone identified by the State Fire Marshal. A local agency may in its discretion increase the severity level of areas within its jurisdiction.

As explained by the State Fire Marshal, fire hazard severity zone maps evaluate fire “hazard,” not fire “risk.” They are like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.

In addition to fire protection measures required under the California Building Code and Government Code, fire hazard severity zone maps dictate various levels of required actions under other laws, such as home disclosure requirements under Section 1102.6f and 1102.19 of the Civil Code, insurance requirements under Section 10094.2 of the Insurance Code, and school safety plans under Section 32282 of the Education Code.

ANALYSIS:

According to Government Code Sections 51177 to 51179, the California State Fire Marshal must prepare and release recommended maps delineating fire hazard severity zones. Upon receiving the recommendations from the State Fire Marshal, local agencies are required to make the information public within 30 days. The local agency must then either adopt the proposed fire hazard severity map or exercise its discretion to increase proposed fire hazard severity zones within 120 days after receiving these recommendations.

The Milpitas Fire Department received the most recent mapping from the State Fire Marshal on February 24, 2025. The map along with educational information were published and made available for public comment on the Fire Department website on March 10, 2025. An email link to the Milpitas Fire Marshal office was included to solicit questions and comments.

The map (Attachment A) indicates that there are no very high or high FHSZs within the City of Milpitas.

However, the western edge of the City into the hills is shown as a “moderate” zone. Attachment B provides further information on the differences between moderate, high and very high FHSZs.

This ordinance is the final requirement established under existing state law regarding the designation of fire hazard severity zones in LRA as mandated by the California State Fire Marshal.

On May 6, 2025, City Council conducted a public hearing regarding the fire hazard severity zone mapping and Introduced Ordinance No. 317 to adopt by reference the mapping of fire hazard severity zones, as issued by the California Department of Forestry and Fire Protection. No changes or amendments were directed to City Staff by Council. This will constitute the second reading of the ordinance for adoption.

POLICY ALTERNATIVE(S):

Alternative 1: Designate more extensive or increased fire severity zones Pros: This would allow the City of Milpitas to engage more stringent regulations regarding fire protection applicable to homes and structures in areas so designated.

Cons: Residents and property owners may be required to make significant adjustments to current properties and structures.

Reason for Not Recommending: Staff can find no rationale or justification to extend or increase the mapping designation from the State. Historically, Milpitas has significantly mitigated fire risk through the limitation of hillside development, annual reduction of fuel loading through the weed abatement program, and engagement of public education
Alternative 2: Not adopt the ordinance
Pros: None
Cons: City of Milpitas would be out of compliance with California State Government Code.

Reason for Not Recommending: Being out of compliance with the State of California could create significant legal challenges.

FISCAL IMPACT:

There is no fiscal impact with the engagement of this ordinance.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

RECOMMENDATION:
(1) Waive the second reading; and
(2) Adopt Ordinance No. 317 to adopt by reference the mapping of fire hazard severity zones, as issued by the California Department of Forestry and Fire Protection.

ATTACHMENT(S):
(a) 2025 Local Responsibility Area Fire Hazard Severity Zones Map (b) 2025 Fire Hazard Severity Zone Ordinance

City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:35,000 at 11" x 17"
0 1 2Km
0 1Mi
Very High Moderate
High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Milpitas
680
880
237

UNINCORPORATED
SANTA CLARA CO.

FREMONT

SAN JOSE

SAN JOSE
A L A M E D A C O .S A N T A
C L A R A C O .

February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF MILPITAS – SANTA CLARA COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024

Ordinance No. ___1

REGULAR
NUMBER: ___.__
TITLE: AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MILPITAS ADOPTING THE FIRE HAZARD SEVERITY ZONES AS

RECOMMENDED BY THE CALIFORNIA FIRE MARSHAL
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

Ordinance No. ___2
RECITALS AND FINDINGS:

WHEREAS, in 1992, the California Legislature adopted the Bates Bill, codified as Government Code sections 51175, et seq., to prevent and control wildfires in the State, and reduce the intensity of uncontrolled fires, in order to protect life and property within the State; and WHEREAS, as stated in Section 51176 of the Government Code, the purpose of the Bates Bill is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property; and WHEREAS, Section 51178 of the Government Code requires the State Fire Marshall to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas, including based on fuel loading, slope, fire weather, winds, and other relevant factors; and WHEREAS, Section 51181 of the Government Code requires the State Fire Marshall to periodically review the areas in the state identified as very high fire hazard severity zones and, as necessary, make recommendations relative to very high fire hazard severity zones, including every five years if possible; and
WHEREAS, Section 51179 of the Government Code requires local agencies by ordinance to designate moderate, high, and very high fire hazard severity zones within their jurisdictions following receipt of updated recommendations from the State Fire Marshal. In making this determination, local agencies may, upon specified findings, add to or increase the areas within their jurisdictions recommended for designation as moderate, high, and very high fire hazard severity zones but may not decrease the level of fire hazard severity zones as identified by the State Fire Marshal. Changes made by a local agency to the recommendations made by the State Fire Marshall shall be final and shall not be rebuttable by the State Fire Marshal; and
WHEREAS, by transmittal dated February 24, 2025, the City received from the State Fire Marshal a map entitled “City of Milpitas – Santa Clara County Local Responsibility Area Fire Hazard Severity Zones,” copy of which is attached hereto as Exhibit A, which provides recommendations pursuant to Section 51178 of the Government Code for designation of fire hazard severity zones within the City of Milpitas; and
WHEREAS, consistent with Section 51178.5 of the Government Code, the City within 30 days after receiving this transmittal made this transmittal, the proposed map, and all information contained therein available for public review and comment in a format that was understandable and accessible to the general public, including through posting on the City of Milpitas Website; and WHEREAS, consistent with Section 511795 of the Government Code, the City Council now within 120 days of receiving this transmittal intends to approve and adopt by ordinance the most recent Fire Hazard Severity Zone Map recommended by the State Fire Marshall.

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

Ordinance No. ___3
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. ADOPTION OF FIRE HAZARD SEVERITY ZONES MAP
As reflected in the map entitled “City of Milpitas – Santa Clara County Local Responsibility Area Fire Hazard Severity Zones,” copy of which is attached hereto as Exhibit A and incorporated herein, the City of Milpitas, by and through the Milpitas City Council, hereby designates the Fire Hazard Severity Zones as recommended by the State Fire Marshal pursuant to Section 51178 of the Government Code. Said map shall be kept on file in the Office of the Milpitas City Clerk and will also be made accessible through the Fire Prevention Bureau of the Milpitas Fire Department and as practical through the City of Milpitas Website.

SECTION 3. APPLICABILITY
Materials and construction methods for exterior wildfire exposure applying to the design and construction of new buildings as found in the California Building Code and the mitigation strategies to reduce risk associated with wildland fires, exemptions, disclosure requirements and violation and penalty provisions pursuant to Sections 51182 through 51189 of the Government Code, Section 1102.6f and 1102.19 of the Civil Code, Section 10094.2 of the Insurance Code, Section 32282 of the Education Code, and such other laws as are made applicable by reference to state and local fire hazard severity maps adopted pursuant to the Bates Bill shall apply to those areas identified in the map entitled “City of Milpitas – Santa Clara County Local Responsibility Area Fire Hazard Severity Zones,” copy of which is attached hereto as Exhibit A.

SECTION 4. TRANSMITTAL
Consistent with Section 51179(c) of the Government Code, the Fire Marshall of the City of Milpitas shall transmit a copy of this Ordinance to the State Board of Forestry and Fire Protection within thirty (30) days of adoption.

SECTION 5. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 6. 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.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing an Application to the Home Investment Partnerships Program (HOME) (Staff Contact: Sarah Balcha, Acting Housing Official, 408-586-3268)
Category: Consent Calendar-Community Development
Meeting Date: 5/20/2024
Recommendation: (1) Adopt a resolution authorizing an application to the HOME Program; and (2) Authorize the City Manager, or designee, to execute a standard agreement, any amendments thereto, and any related documents necessary to participate in the HOME Program.

BACKGROUND:

The California Department of Housing and Community Development (HCD) released the 2024 Notice of Funding Availability (NOFA) for Home Investment Partnerships Program (HOME) on December 31, 2024. HCD provides approximately $35 million in funding for jurisdictions who are not eligible to receive HOME funding directly from the Department of Housing and Urban Development (HUD). All awards given through HCD are done so on a competitive basis with at least 50 percent of the awards going to rural applicants. Additionally, the amount of funding available through this NOFA is subject to change.

HOME funds received from HCD must meet the statewide goals outlined in their 2020-2024 Consolidated Plan and HCD’s 2024-2025 Annual Action Plan. The statewide goals are to service low-income households earning at or below 80% of the Area Median Income (AMI) and very-low-income households earning at or below 50% of the AMI through:
•Increasing the supply of affordable rental housing
•Expanding homeownership opportunities and improving existing housing •Addressing and preventing homelessness; and
•Providing recovery assistance for natural disaster survivors The current deadline to apply to the HOME funds through HCD is May 22, 2025. Staff are seeking Council approval to apply for the maximum allocation of $500,000 for tenant-based rental assistance (TBRA).

ANALYSIS:

To be eligible for a competitive HOME award, jurisdictions must engage in activities covered by HCD’s guidelines. HOME activities are separated into project activities and program activities as follows:

Project Activities
A. Rental Projects

1. Rental New Construction Projects — funds are provided to develop a specific multifamily Project on a specific site by a specific Developer. Rental new construction Projects may be with or without acquisition of the property; or

2. Rental Rehabilitation Projects — funds are provided to rehabilitate a specific rental Project on a specific site by a specific Developer, with or without acquisition of the property; or

3. Rental Acquisition Projects — funds are provided to acquire a specific rental Project that meets all HOME requirements including property standards.

B. First-Time Homebuyer Projects

1. Construction financing must include the following: (1) New construction or acquisition/rehabilitation/conversion to develop homes on specific site(s).

2. All (100 percent) of the HOME investment rolls over to permanent financing to provide mortgage assistance to eligible first-time homebuyers when the units are sold to eligible homebuyers.

Program Activities
A. First-Time Homebuyer Program

1. Acquisition-only Down Payment Assistance – funds are awarded to HOME-eligible Applicants to provide individual loans to homebuyers to purchase modest dwellings selected from the open market.

2. Infill New Construction – funds are awarded to eligible State Recipients or CHDOs to provide assistance with the new construction of dwellings on scattered sites, with no more than four dwellings per vacant site.

B. Owner-Occupied Rehabilitation Program

1. Assist HOME eligible homeowners whose primary residence needs repairs, improvements, or reconstruction necessary for correction of any health and safety deficiencies, and to meet locally adopted standards used for rehabilitation Projects.

C. Tenant-Based Rental Assistance Program (TBRA)

1. Assist HOME eligible individuals with rent subsidies and/or security deposit As no rental projects were identified that would meet the requirements of the HOME NOFA, Santa Clara County’s pre-existing homebuyer assistance program, known as Empower SCC, and City Council recently sunsetting the City’s Home Rehabilitation Loan program due to lack of interest, staff are recommending the City Council approve a funding application for TBRA. The maximum amount of TBRA the City of Milpitas can apply for this year is $500,000. Depending on funding availability, the total amount of funding allocated to the HOME program is subject to change. If notified of receipt of award, staff propose coming back to Council for feedback on program guidelines. Additionally, HCD has guidelines for TBRA which are listed below:
•TBRA can be used for rental subsidies and/or security deposits •TBRA must be given for a minimum of 6 months, however, tenants must be initially offered a one-year lease and term of rental assistance must begin on first day of new lease •City must have an executed rental assistance agreement with the owner or the tenant •Residence must be in Milpitas as Milpitas is the only state-funded HOME jurisdiction in Santa Clara County
•Amount of monthly assistance that a jurisdiction can pay to a household may not exceed the difference between a rent standard for the unit size and 30% of the family’s Adjusted Gross Income •Individuals must be at 80% of the Area Median Income or below with 90% of the total families assisted through TBRA program having incomes that do not exceed 60% AMI. Santa Clara County most recent HOME income limits from June 2024 are provided on the table below:

Income
Category
1 2 3 4 5 6 7 8
30% $38,750 $44,250 $49,800 $55,300 $59,750 $64,150 $68,600 $73,000 Very Low
Income
50%
$64,550 $73,750 $82,950 $92,150 $99,550 $106,900 $114,300 $121,650 60%
Limits $77,460 $88,500 $99,540 $110,580 $119,460 $128,280 $137,160 $145,980 Low
Income
80%
$102,300 $116,900 $131,500 $146,100 $157,800 $169,500 $181,200 $192,900

Program Reporting Requirements:

HOME funds are similar to CDBG funds and require quarterly reporting to HCD. Staff will also be responsible for completing project set-up and completion reports. If the City of Milpitas receives an award, staff anticipate releasing a request for proposal (RFP) for a third-party administrator to help with application processing, eligibility determinations, rental assistance agreements, and disbursement of funds.

Next Steps:

To apply for the state-funded HOME program, the City must certify it will comply with all applicable state and federal laws in addition to the HOME program threshold requirements. These include items such as compliance with Fair Housing Act and substantial compliance with state Housing Element Law.

The City must also submit a resolution granting authority to make an Application to the HOME Program and identifying the position(s) that will be authorized to sign the Standard Agreement, any amendments thereto, and related documents including drawdown requests (Attachment 1).

Award Determinations:

Once HCD determines all applicants who have met the threshold requirements, HCD will score, rank, and fund applications based on which category of project/program funding they fall within. In the case of a tied score, the application demonstrating the highest jurisdictional poverty level will be funded first. Scoring will be based on a series of factors including demonstration of administering similar programs and overpayment by low-income renter households as reflected in United States Census data. To receive points for program guidelines, the City must certify that program guidelines will use HCD-provided templates and reflect state and federal requirements.

Award announcements for TBRA are expected in July 2025. The City will need to execute a Standard Agreement with HCD within 90 days of notice of its award. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed.

The Standard Agreement includes deadlines consistent with state and federal HOME regulations. HOME funds must be expended within three (3) years of standard agreement execution date.

FISCAL IMPACT:

The City application and receipt of the HOME grant would be in an amount not to exceed $500,000. The budget appropriation of $500,000 will be requested, if the grant is awarded to the City, when staff returns to City Council for feedback on program guidelines.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. The action is also a fiscal activity of the City government or an action to continue a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, § 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

RECOMMENDATION:
(1) Adopt a resolution authorizing an application to the HOME Program. (2) Authorize the City Manager, or designee, to execute a standard agreement, any amendments thereto, and any related documents necessary to participate in the HOME Program.

ATTACHMENT(S):
(a) Home Investment Partnerships (HOME) Program Resolution

RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF MILPITAS AUTHORIZING THE

SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDINGER UNDER
THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME); AND IF

SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY

AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS

NECESSARY TO PARTICIPATE IN THE HOME PROGRAM
WHEREAS, the California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200; WHEREAS, On February 11, 2025, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”); and WHEREAS, in response to the NOFA, the City of Milpitas a municipal corporation organized and operating under the laws of the State of California, wishes to apply to the Department for, and receive an allocation of, HOME funds.

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

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff 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.

2. In response to the above-referenced HOME NOFA, the City of Milpitas will submit an Application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five-Hundred Thousand Dollars ($500,000) for a Tenant-Based Rental Assistance Program located in the city of Milpitas.

3. If the Application for funding is approved, then the City of Milpitas hereby agrees to use the HOME funds for eligible activities in the manner presented in its Application as approved by the Department in accordance with the statutes and regulations cited above.

The City of Milpitas, as a condition precedent to further disbursement of funds, will also execute a Standard Agreement with the Department, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program.

4. The City Council hereby authorizes the City Manager or their designee, to execute, in the name of the City of Milpitas, the HOME Standard Agreement, other HOME-related contracts and conveyances, and any subsequent amendments thereto.

Resolution No. ____

5. The City Council hereby authorizes the City Manager or their designee, to execute, in the name of the City of Milpitas, drawdown requests and any other HOME Program form requiring a signature, as may be required by the Department from time to time.

PASSED AND ADOPTED this 20 day of May 2025, 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

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Accept the Completed Public Improvements for the Chick- fil-A Calaveras & Hillview #04483 Project, Approve a Reduction of the Faithful Performance Bond for the Project, and Authorize the City Engineer to Release the Remaining Portion of the Bond after the One-Year Warranty Period (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Development
Meeting Date: 5/20/2025
Recommendation: (1) Adopt a resolution to accept the completed public improvements for the Chick-fil-A Calaveras and Hillview #04483 Project, (2) Approve a reduction of $47,500.00 in the faithful performance bond; and (3) Authorize the City Engineer to release the remaining portion of the bond after the one-year warranty period without further City Council action, provided all required warranty work has been completed to the satisfaction of the City Engineer.

BACKGROUND:

On November 2, 2021, the City Council approved the Improvement Agreement for Chick-fil-A Calaveras and Hillview #04483 (Project). The Project constructed a new Chick-Fil-A convenience food restaurant with drive- thru service, outdoor seating, site and public Improvements, and parking stalls on a 1.23-acre site located at 755 East Calaveras Boulevard. The public improvements include the construction of a new domestic water service, replacement of a portion of curb/gutter and sidewalk, and resurfacing of half of a street along Hillview Drive.

ANALYSIS:

The Developer, Chick-fil-A, Inc., has successfully completed all required public improvements for the Project in accordance with the approved Public Improvement Plans, No. 2-1345. The completed public improvements are now ready for acceptance by the City Council triggering the commencement of the one-year warranty period.

Staff recommends the City Council adopt a Resolution (Attachment 1) granting acceptance of the public improvements, and approve a reduction of the faithful performance bond to $47,500.00, which is 25% of the security’s original value, and grant authorization to the City Engineer to release the remaining portion of the faithful performance bond after the one-year warranty period without further City Council action provided any required warranty work is completed to the satisfaction of the City Engineer.

POLICY ALTERNATIVE(S):

Alternative: Not approve resolution granting acceptance of public improvements including the reduction of the faithful performance bond.

Pros: None
Cons: Not granting acceptance of public improvements would limit public use of improvements and does not promote orderly completion and closeout of the Project. Also, not granting acceptance could be in conflict with the City’s obligations under the Improvement Agreement.

Reason for Not Recommending: Granting acceptance of the completed public improvements would allow public use of the improvements and allows for the closeout of the Project as required by the Improvement Agreement. Staff recommends the City Council adopt the resolution granting acceptance of public improvements.

FISCAL IMPACT:

Public improvements completed as part of the Project will be perpetually owned and maintained by the City following acceptance by City Council and expiration of the one-year warranty period. The Public Works Department will be responsible for maintenance of the improvements and any required additional funding for ongoing maintenance will be requested through future budget appropriations as the City Council adopts the annual operating budget for the Public Works Department.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Planning Department completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and has determined that the proposed Project is exempt from further CEQA review pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects), and on a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning). Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:
(1) Adopt a resolution to accept the completed public improvements for the Chick-fil-A Calaveras & Hillview #04483 Project;
(2) Approve a reduction of $47,500.00 in the faithful performance bond; and (3) Authorize the City Engineer to release the remaining portion of the bond after the one-year warranty period without further City Council action, provided all required warranty work is completed to the satisfaction of the City Engineer.

ATTACHMENT(S):
(a) Resolution

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING

ACCEPTANCE AND REDUCING FAITHFUL PERFORMANCE BOND OF CHICK-FIL-A CALAVERAS & HILLVIEW #04483 AND GRANTING AUTHORIZATION TO THE CITY

ENGINEER TO RELEASE THE PERFORMANCE BOND AFTER THE ONE-YEAR

WARRANTY PERIOD
WHEREAS, the City Council of the City of Milpitas on November 2, 2021 approved the plans and specifications for Chick-fil-A Calaveras & Hillview #04483, (the “Project”) to be completed by Chick- fil-A, Inc. at 755 East Calaveras Boulevard; and
WHEREAS, the City of Milpitas has heretofore entered into an improvement agreement on November 2, 2021 with Chick-fil-A, Inc., for the Project; and WHEREAS, Chick-fil-A, Inc., as Principal, and Liberty Mutual Insurance Company, as Surety, executed and posted a certain Faithful Performance Bond Number 016230862 conditioned upon the faithful performance of the provisions of said improvement agreement and upon the faithful performance of all improvement work required thereunder; and
WHEREAS, said public improvements for the Project have been completed and the improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one year warranty period; and
WHEREAS, the City Engineer of the City of Milpitas has made a final inspection of said improvements for the Project and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.

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

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff 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.

2. Those certain public improvements constructed as part of the Project, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.

3. The penal sum of the faithful performance bond securing said improvements may be reduced to the sum of $47,500.00, upon request of Principal and Surety, with said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.

4. The City Council grants authorization to the City Engineer to release the faithful performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

PASSED AND ADOPTED this _____ day of _________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
____________________________ ___________________
Mary Lavelle, City Clerk Suzanne Guzzetta, City Clerk Carmen Montano, Mayor APPROVED AS TO FORM:
____________________________
Christopher Creech, Acting City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive an Update on the Completed Security Improvements at the McCarthy Ranch Sewer Lift Station (Main Lift) and Determine that the Condition No Longer Constitutes an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/20/2025
Recommendation: (1) Receive an update on the completed security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determine by a four-fifths vote that the condition no longer constitutes an emergency and, therefore, terminate the emergency action.

BACKGROUND:

Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.

Consistent with applicable State law and Council Resolution, on July 30, 2024, the Public Works Director declared an emergency and authorized the City to contract with Trofholz Technologies and Diamond Fencing to implement various security and access control improvements to the McCarthy Ranch Sewer Lift Station (Main Lift). Further, within the required timeframe the Public Works Director informed the City Council via Information Memorandum on July 31, 2024, regarding the emergency authorization, the reasons for the authorization, and the cost for repair in a not to exceed amount of $700,000.

PROJECT/STATUS UPDATE:

Security system enhancements to include cameras, card readers, and motion sensor alarms are complete.

The perimeter fence installation has also been completed. Closure systems and gates have been installed, tested, and verified. Accordingly, the Public Works Director is hereby recommending the termination of the emergency action. The total cost of the repairs was $633,694.14.

FISCAL IMPACT:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 6124 – Sewer Pump Station Rehabilitation Project will fund the installation of security cameras, card readers, and motion sensors. The funding source of this CIP project is Sewer Infrastructure Fund. The available balance as of 01/07/2025 is $1,277,987.

CIP 6130 – Main Lift Odor Emission Control Project will fund the removal and replacement of the perimeter fencing. The funding source of this CIP Project are Sewer Infrastructure Fund, and Sewer Treatment Fund.

The available balance as of 03/31/2025 is $5,365.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.

RECOMMENDATION:
(1) Receive an update on the completed security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determine by a four-fifths vote that the condition no longer constitutes an emergency and, therefore, terminate the emergency action.

ATTACHMENT(S):

N/A

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive an Update on the Water Main Repairs on Curtis Avenue and Yosemite Drive and Determine that the Condition Constitutes an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/20/2025
Recommendation: (1) Receive an update on the Water Main Repairs on Curtis Avenue and Yosemite Drive; and (2) Determine by a four-fifths vote that the condition constitutes an emergency.

BACKGROUND:

Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.

Pursuant to Public Contract Code Section 22050 and Resolution No. 9134, the Director of Public Works has determined that Water Main Repairs on Curtis Avenue and Yosemite Drive constitute emergencies. Both incidents meet the legal definition of an emergency as a “sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Delaying these repairs to complete a formal bidding process would significantly increase the risk of further infrastructure failure, extended service disruptions, environmental impacts, and property damage.

PROJECT/STATUS UPDATE:

Project #1: An 18-inch ductile iron recycled water main located at 330 Curtis Avenue.

Per the agreement entered on October 8, 1997, with the City of San José, the City of Milpitas is responsible for the operation and maintenance of the recycled water distribution system and all associated facilities located within Milpitas city limits. The portion of the recycled water distribution system within Milpitas includes approximately 24 miles of pipeline and related appurtenances. During Fiscal Year 2022–23, the City’s 255 recycled water customers used approximately 390,018 hundred cubic feet of recycled water—an average of 799,270 gallons per day. In addition to routine operations and maintenance, the City is also responsible for providing emergency services on an as-needed basis.

On April 11, 2025, City staff were notified of a significant recycled water spill into the storm drain system associated with a nearby recycled water main break. Crews immediately began potholing to identify the location of the break and cause of the leak. To prevent further discharge into the local drainage system, the recycled water main was isolated and recycled water flowing to that section of line was shut down. As a result, eight

recycled water customers (including the Great Mall landscaping) have been put out of service for an extended period of time.

The repair site posed significant challenges, with the break located approximately 10 feet deep, requiring engineered shoring for safe access. The main pipeline is located within a joint utility trench alongside fiber optic conduit and other critical utilities, demanding precise excavation and close coordination to avoid service disruptions or damage. These factors substantially increased the complexity and risk of the repair and excavation work. After inquiring with several other contractors, staff contacted Preston Pipeline, our local on-call contractor, to provide repair proposals and assist with excavation efforts. The total cost for repairs, including time and materials, is not to exceed $110,400. Repairs are tentatively expected to start on May 16th and be completed on May 21st. Immediate repairs without the delay of competitive bidding is required to protect the public, restore clean water services, and protect the City system from further damage that complicate repairs and other water delivery systems.

Project #2: A 16-inch spiral welded steel water main located at 878 Yosemite Avenue.

On April 16, 2025, City staff responded to a major water leak at the intersection of Yosemite Avenue and Hillview Drive. Crews promptly isolated the potable water main to prevent further property damage and initiated an investigation. The cause of the leak was identified as a large hole on the bottom of a 16-inch wrapped steel main at a transition fitting. Due to the pipe type, repairs require specialized materials and a certified welder. During the isolation process, staff also discovered that one of the valves was broken in the closed position and will need to be replaced. Staff contacted Preston Pipeline once again to assist with the repairs and provide a cost proposal.

The total cost for the repair at Yosemite and Hillview, including time and materials, is not to exceed $214,000.

Work is tentatively scheduled to start the week of the May 26 th and it is anticipated to take four to five days to complete the repairs. Staff is currently waiting on the proposal to repair the broken valve and will update the City Council with the estimated cost as part of the next City Council emergency status update. Immediate repairs without the delay of competitive bidding is required to protect the public, restore clean water services, and protect the City system from further damage that complicate repairs and other water delivery systems.

Discussion
The repairs for both the recycled water main at 330 Curtis Avenue and the potable water main at 878 Yosemite Avenue must be completed on an emergency basis and awarded to Preston Pipeline due to the urgency, complexity, and public safety implications of the incidents. The failure of the 18-inch ductile iron recycled water main at 330 Curtis Avenue resulted in a significant spill into the local drainage system, requiring immediate main isolation and impacting eight recycled water customers. Recycled water plays a critical role in reducing potable water consumption, supporting sustainability goals, and maintaining essential irrigation and industrial operations.

Extended service outages risk non-compliance with agreements, customer dissatisfaction, and damage to local infrastructure.

Similarly, the break in the 16-inch spiral welded steel potable water main at Yosemite Avenue and Hillview Drive posed an immediate threat to public and private property and disrupted essential potable water service to several businesses in the area. Staff have been able to temporarily “jump” affected businesses to continue water service, but it is not a viable solution in the long run. The nature of the damage specifically a hole in the steel main at a transition fitting requires specialized materials and certified welding expertise not readily available through standard City maintenance operations. Furthermore, a broken valve discovered during isolation complicates the repair and must be addressed simultaneously to restore full system functionality.

Preston Pipeline has provided on-call underground utility repair services for the City and has the required expertise, availability, and equipment to address these complex repairs promptly. The City's Public Works crews do not have the specialized capacity or certification required to perform the steel pipe welding and corrosion protection work involved, nor the resources to complete both projects in parallel while maintaining routine operations.

FISCAL IMPACT:

Funding for these repairs is available in the City’s CIP Budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.

ATTACHMENT(S):
(a) Council Resolution No. 9134

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Deny a Minor Site Development Permit and Zoning Variance for a Covered Deck in the Side Yard Setback at 860 Evans Road (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Public Hearings-Community Development
Meeting Date: 5/20/2025
Recommendation: (1) Conduct a public hearing, (2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303(a) (New Construction or Conversion of Small Structures) and Section 15305 (Minor Alterations in Land Use Limitations); and (3) Adopt a resolution denying Minor Site Development Permit No. MS24-0257 and Zoning Variance No. VA25-0001 for the property located at 860 Evans Road.

BACKGROUND:

An applicant (Applicant) is seeking a minor site development permit and zoning Variance for a covered deck in the side yard setback at 860 Evans Road (Project). The existing 1,796 square-foot single-family home does not have any related planning entitlements as it was constructed before the Hillside Combining District was adopted in 1992. The City does not have the original Building permits on file, but the oldest Building permits show the existing dwelling was constructed as of at least 1969.

On October 15, 2024, the Applicant filed a Minor Site Development Permit for initial staff review on the proposed hillside development Project. After the first round of review of the application, staff determined that a Variance request would be necessary to approve the covered deck in the proposed location. On February 13, 2025, the Applicant applied for a Variance Permit to deviate from the Hillside development standards for setbacks as established in Section XI-10-45 of the Milpitas Municipal Code (MMC).

Pursuant to MMC Section XI-10-57.06(B)(2), the City Council shall have approval authority, upon recommendation by the Planning Commission, of any Variance application relating to developments within the Hillside (-H) Overlay District. The City Council shall hold a public hearing, with notice as required in MMC Section XI-10-64, Development Review Process, review the application and the Commission's recommendation and render its decision.

While other Minor Site Development Permits can be processed at the Zoning Administrator or staff level pursuant to MMC Sections XI-10-57.03 and XI-10-64.02, concurrent applications are consolidated so that final action on the project is made by the highest review authority responsible for making a decision on the applications for the project pursuant to MMC Section XI-10-64.03. Furthermore, pursuant to MMC Section XI- 10-45.09-2, no building permit may generally be issued for the construction or expansion of a single-family structure or accessory structure in the Hillside (-H) Overlay District until such structure has received a site and architectural review approval by the Planning Commission and the City Council.

On April 9, 2025, the Planning Commission held a public hearing to consider the Conditional Use Permit application for the proposed Variance. After receiving a presentation from staff, hearing from the applicant and the public, the Planning Commission closed the public hearing and voted 4-1-1, with one Commissioner absent and one abstaining vote, recommending the Milpitas City Council approve the Variance request.

ANALYSIS:

Project Description
The Project site is a developed 0.8-acre parcel located on Evans Road, near the intersection of North Park Victoria Drive and Jacklin Road. The property and neighboring properties are zoned R1-H Single Family Residential – Hillside. The Project site is at least 1,500 feet west of the hillside crest line as established in the Hillside development regulations (MMC Section XI-10-45).

The applicant is requesting a Minor Site Development Permit and a Variance to construct a 1,082-square foot, attached, accessory building (covered deck) on a 0.8-acre lot. The following is a summary of the applicant's requests:

1.Minor Site Development Permit: To allow development of a 1,082 square-foot covered deck, attached to an existing 1,796 square-foot single-family residence. The proposed covered deck would be an expansion to a non-conforming building.

2.Variance Permit: To deviate from one of the Hillside development standards for side setbacks, which requires a minimum distance of 40 feet for primary structures from side property lines. Pursuant to MMC Section XI-10-54.08(A)(3)(a), accessory buildings structurally attached to the main building are treated as part of the main building in terms of development standards including setbacks.

The Project site is in the northeastern portion of the City of Milpitas in the hillside area. Table 1 provides a summary of the Zoning and Land Uses surrounding the site:

Table 1:

Surrounding Zoning and Land Uses
General Plan Zoning Existing Use
Subject
Site
Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Single-family home
North Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Single-family home
South Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Single-family home
East Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Vacant
West Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Religious assembly,
Baitul Baseer Mosque
Milpitas General Plan 2040
The General Plan designation for the Project site is Hillside Very Low Density (HVL). The General Plan details the goals, objectives, and policies for the City's Hillside Area. It is characterized by gentle to steep slopes, grassy terrain with some scrub and trees, wildlife, geologically unstable areas, the Ed R. Levin County Regional Park, and a feeling of remoteness from the more urban portions of the City. The Hillside Low Density designation allows a maximum of one (1) housing unit per 10 gross acres. Table 2 outlines the proposed Project in relation to applicable General Plan policies.

Table 2:

General Plan Consistency
Policy Conformance
CD7 -1 Maintain the visual character of
hillsides, recognizing both the importance of
the exposure of hillside development from
off-site public views and the importance of
providing panoramic public views from and of
hillsides.

Inconsistent. In the proposed location, the
Project may alter the existing visual character
of the rolling Hillside in that the proposed
setbacks are not consistent with the existing
Zoning Standards in place since 1992. Based
on the site plan submitted by the Applicant,
the home will encroach into the required 40-
foot side yard setback. However, the Project
will not significantly increase any existing
impediment to the ability for public views of
the hillsides.

CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.

Consistent. The proposed Project will be
situated at the flattest portion of the lot to limit
the disruption to the existing natural
topography by limiting cut and fill. A portion of
the Project is partially proposed within the
footprint of an existing deck and will not
disrupt the existing topography of the hillside
areas.

CD 7-3 Protect the natural character of
hillside areas by means of contour grading to
blend graded slopes and terraces with the
natural topography.

Consistent. Minimal contour grading will be
required for the construction of the new
enlarged deck due to its location on the
flattest areas of the lot. All contours for the
home and access driveway will remain the
same and will continue to blend with the
natural site contours. The driveway follows
the natural contours, does not require steep
cuts, and follows the natural grade of the
existing Hillside.

CD 7-4 Avoid mass graded pads within
hillside areas. Smaller steps or grade
changes should be used over single, large,
slope banks to the greatest extent feasible.

Consistent. The existing graded pad for the
home is situated on a flat portion of the parcel
and will not be modified. Grading follows the
site's natural contours in an effort to preserve
the natural terrain.

Policy Conformance
CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the environmental
constraints are adequately addressed,
especially with respect to runoff and erosion.

Consistent. No changes are proposed to the
existing land use and zoning designation, as
the subject site will continue to be used as a
single-family residence. Construction of the
proposed covered deck should meet current
building code requirements, and the
Engineering Department will review all
construction documents for compliance with
applicable stormwater and erosion
management requirements. In accordance
with MMC Section XI-10-45.17-3, the amount
of impervious surface on the site shall be less
than 8,000 sq. ft.

CD 7-6 Require hillside development to
incorporate architecture, scale, massing,
building form, building color, roof materials,
and landscaping to reflect the natural hillside
setting.

Inconsistent. The attached accessory
building (covered deck) is proposed with a
side yard setback of five feet. The minimum
required side yard setback within the Hillside
Combining District is 40 feet. The proposed
Project would encroach approximately 35 feet
into the required setback, which would not
reflect the natural hillside setting.

Milpitas Zoning Ordinance
The site is located in the R1-H Single-Family Residential-Hillside Combining District. The "H" Hillside Combining District promotes and encourages the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular constraints associated with the development of hillside areas, including, but not limited to, geologic problems, slope, safe access, and visibility.

Per MMC Section XI-10-45.17-3, the subject parcel is less than 3.0 acres, so the maximum size of the proposed residence does not exceed 6,000 square feet, and the amount of impervious surface coverage on the site will be less than 8,000 square feet. Table 3 demonstrates the Project's partial consistency with the applicable development standards of the R1-H zone. The Table notes the Project is not entirely consistent with the requirements of the "H" Hillside Combining District in that the proposed structure further encroaches into the required 40-foot side setback. The Applicant is requesting a Variance to address this issue, which is discussed in a later section of this report.

Table 3:

Summary of Development Standards
Standards Hillside Requirements Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%. Otherwise,
40 ft. minimum
40 ft. 6 in. from the property
line Yes
Side Yard Setback 40 ft. minimum 5 ft. 1 in. on the west and 10 ft. and 11 in. on the east.

No.

Variance
Required.

Rear 40 ft. minimum 127 ft and 2 inches Yes

Standards Hillside Requirements Proposed Complies
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres)
1,796 sq. ft. Yes
Impervious
Surfaces
8,000 sq. ft. maximum
(lots < 3 acres) <8,000 sq. ft. Yes
Building Height
(Maximum)
17 ft. and one story west
of crestline
One story or
13 feet and 11 inches Yes
Parking Two spaces required Four spaces (two inside
garage & two outside) Yes
Crestline Zone of
Protection
The crestline zone of
protection is defined as
the area westerly of the
perceived crestline and
between the perceived
crestline and an elevation
one hundred (100) feet
below.

The proposed accessory
building is located significantly
more than 100 feet below the
crestline, and so no part of the
covered patio would visually
protrude into the crestline zone
of protection area. The height
of the proposed structure is
less than the existing dwelling.

Yes
In addition to the development standards outlined above, the proposed Project must also comply with the Site and Architectural Guidelines for new hillside development outlined in MMC Section XI-10-45.09-7. The Planning Commission and City Council must consider the Site and Architectural Guidelines as part of their review of proposed projects in the "H" Hillside Combining District. As demonstrated in Table 4 below, staff has determined the proposed Project is inconsistent with the Hillside Site and Architectural Guidelines.

Table 4
Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable interference with
Views and Privacy. The height, elevations
and placement on the site of the proposed
primary or accessory structure, when
considered with reference to the nature and
location of residential structures on adjacent
lots, will avoid unreasonable interference
with views and privacy.

Inconsistent. The proposed attached accessory
building (covered deck) is located on a developed

0.8-acre lot with proposed side setbacks ranging
from 5 feet to 10 feet, 11 inches along the
southern property line. The nearest existing
residence is located less than 100 feet to the
southwest, and a home on the adjacent lot to the
northeast is located approximately 200 feet away.

The placement of the proposed covered deck and
proximity to the side property lines may affect the
views and privacy on adjacent lots.

(b) Preserve Natural Landscape. The natural
landscape will be preserved insofar as
practicable by designing structures to follow
the natural contours of the site and
minimizing tree and soil removal.

Consistent. The Project site is currently
developed with a single-family dwelling, with a few
shrubs on the higher sloped northern portions of
the lot. Two trees will be removed as part of this
request, but they would be subject to the City’s
tree removal permit process. The proposed
covered deck will be located on a relatively flat
portion of the lot that will not require additional
grading and follows the existing contours of the
site. Therefore, the natural landscape will remain
preserved.
(c) Minimize Perception of Excessive Bulk.

The design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.

Inconsistent. The proposed attached accessory
building (covered deck) is situated on the
southwest portion of the site, attached to the
existing single-family dwelling. The dwelling has
an existing non-conforming 11-foot side setback
as measured from the property line to an attached
sunroom. The steep topography of the site and
the reduced setback will increase the visual
impact of the proposed structure and perception of
excessive bulk. The proposed covered deck will
not exceed the maximum building heights in the
R-1-H Zoning District. No new landscaping is
proposed at this time.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light and
air of adjacent properties nor unreasonably
impair the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed detached accessory
building (covered deck) will not exceed the
maximum building heights in the R-1-H Zoning
District; however, the proposed setbacks do not
meet the Hillside development standards. The
existing dwelling currently has a side setback of
11 feet as measured from the property line to an
attached sunroom. With the proposed covered
deck, the structure would encroach even further
into the required 40-foot side setback. The nearest
residence to the south is less than 100 feet away,
while the residence to the north is approximately
200 feet away. However, the proposed covered
deck should not unreasonably impair the light and
air of adjacent properties.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. The amount of grading is only limited
to the removal of dirt for the proposed deck posts.

The proposed covered deck will be built on a flat
portion of the lot, which would eliminate the need
for significant grading. The existing driveway will
not be modified. All grading shall comply with the
grading ordinance criteria.

Site & Architectural Design
The Project site is developed with a 1,769 square-foot single-family residence and 690 square-foot attached two-car garage. The existing dwelling has a rear yard setback of 123 feet and 4 inches, an east side setback of 68 feet, a west side setback of 11 feet, and a front yard setback of 40 feet and 6 inches. The development standards of the “H” Hillside Combining District establish a minimum side setback of 40 feet. This proposal would further encroach into that required setback and would result in a side setback between 5 feet and 1 inch and 10 feet and 11 inches.

The proposed 1,082 square-foot attached, covered deck is designed with a 42-inch “dwarf wall” that will match the stucco of the existing residence. A flat roof for the covered deck is also proposed and will match the materials of the existing composition shingle roof. All exterior colors, materials and finishes are natural earth- tones creating harmony with the surroundings.

Grading and Landscaping
The proposed covered deck would be located on the flattest portion of the lot, thus minimizing the amount of grading required. The amount of grading is only limited to the removal of dirt for the proposed deck posts. The existing driveway will not be modified. All grading shall comply with the grading ordinance criteria and would require civil plans to be reviewed prior to any Building permit issuance. No additional landscaping is proposed as part of this Project.

Crestline Zone of Protection
The development standards of the "H" Hillside Combining District establish a "Crestline Zone of Protection" to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor MMC Section XI-10-45.06-2 defines the crestline zone of protection as "the area westerly of the perceived crestline and between the perceived crestline and an elevation one hundred (100) feet below. In the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline sight line." The perceived crestline is defined in MMC Section XI-10-45.06-3 as "the crestline identified when viewed from the three (3) closest viewpoints of those nine (9) viewpoints shown on the zoning map and designated as "VP." All proposed new hillside development must demonstrate compliance with the crestline zone of protection, as outlined in MMC Section XI-10-45.06-5.

MMC Section XI-10-45.06-2 outlines an objective standard that restricts building heights for structures located within three hundred feet easterly of the crestline. Specifically, the standards state that: 1) structure heights shall be restricted so that no structure extends above the crestline [sight] line; and 2) no structure may visually intrude into the "crestline zone of protection" area. The proposed accessory building is located significantly more than 100 feet below the crestline, and so no part of the covered patio would visually protrude into the crestline zone of protection area.

Variance
Even for legal non-conforming buildings, the Zoning Ordinance states:

In the R1, R2 and R1-H Districts, a legal nonconforming building or structure shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all development standards and regulations of the district in which it resides, including, but not limited to height, yard setbacks, maximum lot coverage, impervious surface coverage, and maximum size of residence regulations of said district. In addition, a legal nonconforming building or structure shall not be added to or enlarged unless existing front yard paving is brought into conformance.
(MMC Section XI-10-56.02(D)(1).) Accordingly, the proposed project must conform to all development standards and regulations, including specific yard setbacks.

A Variance is a type of permit approved by the City that sanctions deviations from the adopted Zoning Ordinance regulations related to physical development standards, such as lot size, building setback, and height limits. The purpose and intent of the Variance process is to provide relief from the substantive provisions of the City Zoning Ordinance when the strict application of these provisions would deprive the property for which the Variance is sought of privileges enjoyed by other properties in the vicinity and under the same zoning classification because of special circumstances applicable to the property (including, but not limited to size, shape, topography, location or surroundings).

As discussed in the previous section, the proposed Project requires approval of a Variance by the City Council to allow for the development of an attached accessory building (covered patio) to encroach into the required side setback of the “H” Hillside Combining District.

Planning staff do not recommend approval of a Variance because there is no evidence of special circumstances applicable to the property that would warrant this deviation from generally applicable zoning standards. Rather, such Variance would extend to this property privileges that are not enjoyed by other properties in the vicinity.

Design Alternatives
To meet the setback requirements of the “H” Hillside Combining District, it is not feasible to have an attached accessory building structure along the southwest side of the existing single-family residence. However, Staff has provided alternatives for the Applicant that may provide similar amenities, which are included below:
•Install a deck without a roof. The uncovered deck would be considered an accessory structure instead of an accessory building and would be subject to a 3-foot side setback requirement. •Install a detached patio cover, gazebo, pergola, or similar structure. This detached structure would also be subject to a 3-foot side setback but would have to adhere to the MMC Sec. XI-10-54.08(B)(7) including a maximum height of 12 feet.T his project would be feasible at the rear of the property. •Install an attached covered deck in a new location. Although the Project site is developed with a non- conforming side setback along the southwest boundary, it may be feasible to develop an attached accessory building (covered deck) along the northeast side of the single-family residence. The dwelling currently has a side setback of at least 68 feet along that side.

Findings for Approval (or Denial)
A finding is a statement of fact relating to the information the Planning Commission has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action. Outlined below are separate findings for approval of a Minor Site Development Permit; and a Variance to allow the Project to deviate from minimum setback requirements imposed by the Hillside development standards.

Minor Site Development Permit Findings (Section XI-10-57.03(F))

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:

As described within the staff report, the architectural design and site planning of the proposed accessory building (covered deck) is not compatible with the neighboring homes within the Hillside Combining District due to proposed location. The required minimum side setback is 40 feet and as little as 5 feet is proposed. This is not consistent with the planned and zoned development and the rural and natural character of the hillside.

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

As described within the staff report, the proposed home is not consistent with all the development standards in MMC Section 45.09-7(a) of the Single-Family Hillside Zoning district, particularly with regards to side yard setbacks. To grant exceptions to the Zoning Ordinance, a Variance request would need to be approved.

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

The Project is consistent with Policy CD7 - 5 of the Milpitas General Plan, which establishes that land uses allowed in the Hillside Area shall be limited to Very Low Density Residential, parks, and open space. The proposed accessory building (covered deck) will not change the land use of the property and will continue to be used as a single-family dwelling.

The Project is not entirely consistent with the intent of the General Plan, specifically General Plan Policy section regarding Hillside Development and Preservation Policy CD 7-6 which requires “hillside development to incorporate architecture, scale, massing, building form, building color, roof materials, and landscaping to reflect the natural hillside setting.” The proposed Project would encroach approximately 35 feet into the required 40- foot side yard setback, which would not reflect the natural hillside setting nor is it compatible with similar single- family residences within the vicinity of the area.

Variance
To grant the exceptions to allow the proposed accessory building (covered deck) to extend into the required side yard and approve the request for a Variance, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.06(F)(1):

1. Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.

The subject property is one of five properties within the immediate vicinity that are developed with single-family dwellings. The subject property was developed prior to the adoption of the City’s Hillside Combining District, resulting in non-conforming setbacks along the southwest property line. Other adjacent properties are also non-conforming in terms of side setbacks, although they have not requested to further encroach into those setbacks at this time. There are, however, no special circumstances of the property that require this accessory building to be located in this area and encroach into the side setback. Rather, the proposed accessory building could have been relocated elsewhere on the property in a manner that could meet all development standards of the “H” Hillside Combining District. There are also alternative avenues for substantially similar development on the property identified in the staff report. Far from depriving the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications, the proposed Variance would grant the property a special privilege by allowing an expansion of a non-conforming building not otherwise available to similarly situated properties.

2. The granting of the Variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property.

The granting of the Variance for the attached accessory building (covered deck) is not considered a substantial property right for the proposed location. The existing dwelling currently has a non-conforming side setback of 11 feet as measured from the property line to an attached sunroom. With the proposed covered deck, the structure would encroach even further into the required 40-foot side setback and across the entire length of the residence. The 5-foot side yard setback for the proposed covered deck would be substantially closer to the property line than any of the properties within the same vicinity of the Project site. Furthermore, an uncovered deck within the proposed location, a covered deck located elsewhere on the property, and other alternatives discussed in the staff report likely would not have required a Variance. The Applicant has not demonstrated the proposed location of the deck is the only feasible location within the property.

3. The required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

The Variance would apply to the provision of not allowing structures and buildings within the required 40-foot side yard setback. The Planning Commission and City Council may grant exceptions to these requirements pursuant to the guidelines set forth in MMC Section 45.09-7, outlined in Table 4 above. Conditions of approval may be added by the City Council to ensure that the Variance will not constitute a grant of special privileges. In this case, however, the granting of a Variance would allow the expansion of a non-conforming structure, including further encroachment into a setback toward other residential structures, in contravention of MMC Section XI-10-56.02(D)(1). The proposed Variance would grant a special privilege by allowing a greater encroachment into the side setback than other properties are allowed. This fundamental consequence cannot be adequately mitigated through conditions of approval.

4. The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

The proposed attached accessory building (covered deck) for a single-family residence is located on a 0.8-acre lot with non-conforming southwest side setbacks between 11 to 26 feet. The nearest existing residences is located less than 100 feet to the south, and an additional residence is located approximately 200 feet to the north, on adjacent lots. Further encroachment into this setback could therefore negatively impact adjacent properties, including the privacy, air, and light afforded to those properties. It will also place structural elements on a downward slope closer to and above developed and inhabited properties than would be otherwise allowed, which inherently can pose somewhat greater risks to downhill properties and persons in the event of structural failure or negligently disgorged or unsecured items from regular use. Additionally, if approved, the proposed Variance could be a catalyst for other properties in the vicinity to seek further encroachment into their side yard setbacks, which would have a greater negative cumulative impact on the neighborhood. However, the Project site is located at least 1,500 feet away from the Crestline so the structure should not obstruct views of the Crestline Zone of Protection. The larger and greater massing on the western side of the structure would, however, be more visible from some vantage points on the valley floor.

5. The granting of a Variance is consistent with the General Plan and the intent of this title.

The Project is not entirely consistent with the intent of the General Plan, specifically General Plan Policy section regarding Hillside Development and Preservation Policy CD 7-6 which requires “hillside development to incorporate architecture, scale, massing, building form, building color, roof materials, and landscaping to reflect the natural hillside setting.” The proposed Project would encroach approximately 35 feet into the required 40- foot side yard setback, which would not reflect the natural hillside setting nor is it compatible with similar single- family residences within the vicinity of the area.

POLICY ALTERNATIVE(S):

Alternative: Direct staff to draft a resolution to approve the Variance request.

Pros: None.

Cons: The Variance may set a precedent for future Variances requests within the Hillside Combining District.

By allowing a covered deck to further encroach into a required 40-foot side yard setback, it may encourage other homes within the Hillside Combining District to apply for similar variances. Furthermore, approval of this Variance would lower the threshold for making findings of approval for future variances. Consequently, staff may receive a higher volume of Variance requests, which would be difficult to deny if the City were to apply its standards consistently, resulting in unintended negative impacts.

Reason for Not Recommending: The proposed project does not meet the required findings for approval and is not entirely consistent with the City’s General Plan Policies, specifically regarding the Hillside Development

and Preservation Policy.

FISCAL IMPACT:

If the proposed Project is approved, the applicant will apply for a Building permit and pay associated fees.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The Project is exempt from further environmental review under CEQA pursuant to CEQA Guidelines Section 15301 (New Construction or Conversion of Small Structures) and Section 15305 (Minor Alterations in Land Use Limitations). As proposed, the Project includes a conditionally permitted use within an existing commercial center in an urbanized area. Although the Project is not entirely consistent with the Milpitas General Plan and Zoning Ordinance, there are no circumstances present that would require a subsequent Environmental Impact Report (EIR) or Negative Declaration. Project denials are also categorically exempt from CEQA review pursuant to Public Resources Code section 21080(b)(5).

RECOMMENDATION:
(1) Conduct a public hearing,
(2) Consider the project to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303(a) (New Construction or Conversion of Small Structures) and Section 15305 (Minor Alterations in Land Use Limitations); and (3) Adopt a resolution overturning the recommendation of the Planning Commission to approve Minor Site Development Permit No. MS24-0257 and Zoning Variance No. VA25-0001 for the property located at 860 Evans Road.

ATTACHMENT(S):
(a) Resolution
(b) Planning Commission Staff Report
(c) Project Plans

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS DENYING MINOR SITE DEVELOPMENT PERMIT NO. MS24-0257 AND ZONING VARIANCE NO. VA25-0001 TO ALLOW FOR AN ATTACHED 1,082

SQUARE-FOOT COVERED DECK TO AN EXISTING SINGLE-FAMILY
DWELLING ON A 0.8-ACRE SITE TO FURHTER ENCROACH INTO THE REQUIRED 40-FOOT SIDE SETBACK OF THE HILLSIDE COMBINING DISTRICT, LOCATED AT 860 EVANS ROAD (APN: 029-06-016)
WHEREAS, on October 15, 2024, the Applicant submitted a Minor Site Development Permit application (Permit No. MS24-0257) to allow for an attached 1,082 square-foot covered deck to an existing single-family dwelling; and
WHEREAS, on February 13, 2025, the Applicant applied for a Variance Permit (Permit No.

VA25-0001) to deviate from the Hillside development standards for setbacks as established in Section XI- 10-45 of the Milpitas Municipal Code; and
WHEREAS, the property is located within the Single Family Residential - Hillside (R1-H) Combining District and has a General Plan land use designation of Hillside Low Density (HLD); and WHEREAS, the Planning Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that this project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15305 (Minor Alterations in Land Use Limitations); and WHEREAS, on April 9, 2025, the Planning Commission held a duly noticed public hearing on the subject application, and considered the evidence presented by City staff, the applicant, and other interested parties; and
WHEREAS, the Planning Commission considered all of the written and oral testimony presented at the public hearing in making its decision; and
WHEREAS, the Planning Commission closed the public hearing and voted 4-1-1, with one Commissioner absent and one abstaining vote, recommending that the Milpitas City Council approve Variance No. VA25-0001 and Minor Site Development Permit No. MS24-0257; and WHEREAS, on May 20, 2025, the City Council held a duly-noticed public hearing, at which time all those in attendance were given the opportunity to speak on the Project; and WHEREAS, the City Council considered all of the written and oral testimony presented at the public hearing, including evidence presented by City staff, the Appellant, and the public in making its decision.

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

SECTION 1. Recitals

2 Resolution No. ___
The City Council has considered the full record before it, which may include, but is not limited to such things as the staff report, testimony by staff 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 incorporated herein by reference.

SECTION 2. California Environmental Quality Act
This project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15305 (Minor Alterations in Land Use Limitations). As proposed, the Variance request would allow for an attached structure (covered deck) to further encroach into a require 40-foot side yard setback. The project is not entirely consistent with the Milpitas General Plan, Zoning Ordinance, but there are no circumstances present that would require a subsequent Environmental Impact Report (EIR) or Negative Declaration. Project denials are also categorically exempt from CEQA review pursuant to Public Resources Code section 21080(b)(5).

SECTION 3. Minor Site Development Permit Findings (Section XI-10-57.03(F)) The City Council makes the following findings based on the evidence in the public record in support of Minor Site Development Permit No. MS24-0257:

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

As described within the staff report, the architectural design and site planning of the proposed accessory building (covered deck) is not compatible with the neighboring homes within the Hillside Combining District due to proposed location. The required minimum side setback is 40 feet and as little as 5 feet is proposed. This is not consistent with the planned and zoned development and the rural and natural character of the hillside.

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

As described within the staff report, the proposed home is not consistent with all of the development standards in MMC Section 45.09-7(a) of the Single-Family Hillside Zoning District, particularly with regards to side yard setbacks. In order to grant exceptions to the Zoning Ordinance, a Variance request would need to be approved.

SECTION 4. Variance Findings
To grant the exceptions to allow the proposed accessory building (covered deck) to extend into the required side yard and approve the request for a Variance, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.06(F)(1):

A. Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.

The subject property is one of five properties within the immediate vicinity that are developed with single-family dwellings. The subject property was developed prior to the adoption of the City’s Hillside Combining District, resulting in non-conforming setbacks along the southwest property

3 Resolution No. ___
line. Other adjacent properties are also non-conforming in terms of side setbacks, although they have not requested to further encroach into those setbacks at this time. There are, however, no special circumstances of the property that require this accessory building to be located in this area and encroach into the side setback. Rather, the proposed accessory building could have been relocated elsewhere on the property in a manner that could meet all development standards of the “H” Hillside Combining District. There are also alternative avenues for substantially similar development on the property identified in the staff report. Far from depriving the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications, the proposed variance would grant the property a special privilege by allowing an expansion of a non- conforming building not otherwise available to similarly situated properties.

B. The granting of the Variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property.

The granting of the Variance for the attached accessory building (covered deck) is not considered a substantial property right for the proposed location. The existing dwelling currently has a non- conforming side setback of 11 feet as measured from the property line to an attached sunroom.

With the proposed covered deck, the structure would encroach even further into the required 40- foot side setback and across the entire length of the residence. The 5-foot side yard setback for the proposed covered deck would be substantially closer to the property line than any of the properties within the same vicinity of the Project site. Furthermore, an uncovered deck within the proposed location, a covered deck located elsewhere on the property, and other alternatives discussed in the staff report likely would not have required a Variance. The applicant has not demonstrated that the proposed location of the deck is the only feasible location within the property.

C. The required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

The Variance would apply to the provision of not allowing structures and buildings within the required 40-foot side yard setback. The Planning Commission and City Council may grant exceptions to these requirements pursuant to the guidelines set forth in Subsection 45.09-7, outlined in Table 4 above. Conditions of approval may be added by the City Council to ensure that the Variance will not constitute a grant of special privileges. In this case, however, the granting of a Variance would allow the expansion of a non-conforming structure, including further encroachment into a setback toward other residential structures, in contravention of MMC Section XI-10-56.02(D)(1). The proposed variance would grant a special privilege by allowing a greater encroachment into the side setback than other properties are allowed. This fundamental consequence cannot be adequately mitigated through conditions of approval.

D. The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

The proposed attached accessory building (covered deck) for a single-family residence is located on a 0.8-acre lot with non-conforming southwest side setbacks between 11 to 26 feet. The nearest

4 Resolution No. ___
existing residences is located less than 100 feet to the south, and an additional residence is located approximately 200 feet to the north, on adjacent lots. Further encroachment into this setback could therefore negatively impact adjacent properties, including the privacy, air, and light afforded to those properties. It will also place structural elements on a downward slope closer to and above developed and inhabited properties than would be otherwise allowed, which inherently can pose somewhat greater risks to downhill properties and persons in the event of structural failure or negligently disgorged or unsecured items from regular use. Additionally, if approved, the proposed variance could arguably be a catalyst for other properties in the vicinity to seek further encroachment into their side yard setbacks, which would have a greater negative cumulative impact on the neighborhood. However, the Project site is located at least 1,500 feet away from the Crestline so the structure should not obstruct views of the Crestline Zone of Protection. The larger and greater massing on the western side of the structure would, however, be more visible from some vantage points on the valley floor.

E. The granting of a variance is consistent with the General Plan and the intent of this title.

The Project is not entirely consistent with the intent of the General Plan, specifically General Plan Policy section regarding Hillside Development and Preservation Policy CD 7-6 which requires “hillside development to incorporate architecture, scale, massing, building form, building color, roof materials, and landscaping to reflect the natural hillside setting.” The proposed Project would encroach approximately 35 feet into the required 40-foot side yard setback, which would not reflect the natural hillside setting nor is it compatible with similar single-family residences within the vicinity of the area.

Table 1:

General Plan Consistency
General Plan Policy Consistency Finding
CD 7-1 Maintain the visual character of hillsides,
recognizing both the importance of the exposure of
hillside development from off-site public views and the importance of providing panoramic public views from
and of hillsides.

Inconsistent. In the proposed location,
the Project may alter the existing visual
character of the rolling Hillside in that
the proposed setbacks are not consistent
with the existing Zoning Standards that
have been in place since 1992. Based on
the site plan submitted by the applicant,
the home will encroach into the required
40-foot side yard setback. However, the
project will not significantly increase any
existing impediment to the ability for
public views of the hillsides.

CD 7-2 Minimize the alteration of existing
landforms and maintain the natural topographic
characteristics of the hillside areas, allowing only
minimal disruption.

Consistent. The proposed Project will be
situated at the flattest portion of the lot to
limit the disruption to the existing
natural topography by limiting cut and
fill. A portion of the Project is partially
proposed within the footprint of an

5 Resolution No. ___
General Plan Policy Consistency Finding
existing deck and will not disrupt the
existing topography of the hillside areas.

CD 7-3 Protect the natural character of hillside areas
by means of contour grading to blend graded slopes
and terraces with the natural topography.

Consistent. Minimal contour grading
will be required for the construction of
the new enlarged deck due to its location
on the flattest areas of the lot. All
contours for the home and access
driveway will remain the same and will
continue to blend with the natural site
contours. The driveway follows the
natural contours, does not require steep
cuts, and follows the natural grade of the
existing Hillside.

CD 7-4 Avoid mass graded pads within hillside areas.

Smaller steps or grade changes should be used over
single, large, slope banks to the greatest extent
feasible.

Consistent. The existing graded pad for
the home is situated on a flat portion of
the parcel and will not be modified.

Grading follows the site's natural
contours in an effort to preserve the
natural terrain.

CD 7-5 Ensure that any change in hillside land use is
accompanied by appropriate safety measures and that
the environmental constraints are adequately
addressed, especially with respect to runoff and
erosion.

Consistent. No changes are proposed to
the existing land use and zoning
designation, as the subject site will
continue to be used as a single-family
residence. Construction of the proposed
covered deck should meet current
building code requirements, and the
Engineering Department will review all
construction documents for compliance
with applicable stormwater and erosion
management requirements. In
accordance with MMC Section XI-10-

45.17-3, the amount of impervious
surface on the site shall be less than
8,000 sq. ft.

CD 7-6 Require hillside development to incorporate
architecture, scale, massing, building form, building
color, roof materials, and landscaping to reflect the
natural hillside setting.

Inconsistent. The attached accessory
building (covered deck) is proposed with
a side yard setback of five feet. The
minimum required side yard setback
within the Hillside Combining District is
40 feet. The proposed Project would
encroach approximately 35 feet into the
required setback, which would not
reflect the natural hillside setting.

6 Resolution No. ___
C. The proposed use is inconsistent with the Milpitas Zoning Ordinance.

The site is located in the R1-H Single-Family Residential-Hillside Combining District. The "H" Hillside Combining District promotes and encourages the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular constraints associated with the development of hillside areas, including, but not limited to, geologic problems, slope, safe access, and visibility.

Per MMC Section XI-10-45.17-3, the subject parcel is less than 3.0-acres, so the maximum size of the proposed residence does not exceed 6,000 square feet, and the amount of impervious surface coverage on the site will be less than 8,000 square feet. Table 3 demonstrates the Project's partial consistency with the applicable development standards of the R1-H zone. The Table notes that the Project is not entirely consistent with the requirements of the "H" Hillside Combining District in that the proposed structure further encroaches into the required 40-foot side setback.

Table 2: Zoning Conformance
Standards Hillside Requirements Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%. Otherwise,
40 ft. minimum
40 ft. 6 in. from the
property line Yes
Side Yard Setback 40 ft. minimum
5 ft. 1 in. on the west and
10 ft. and 11 in. on the
east.

No. Proposed
project
requires
approval of a
Variance
Rear 40 ft. minimum 127 ft and 2 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 1,796 sq. ft. Yes
Impervious
Surfaces
8,000 sq. ft. maximum
(lots < 3 acres) <8,000 sq. ft. Yes
Building Height
(Maximum)
17 ft. and one story west
of crestline
One story or
13 feet and 11 inches Yes
Parking Two spaces required Four spaces (two inside
garage & two outside) Yes
Crestline Zone of
Protection
The crestline zone of
protection is defined as
the area westerly of the
perceived crestline and
between the perceived
crestline and an elevation
one hundred (100) feet
below.

The proposed accessory
building is located
significantly more than
100 feet below the
crestline, and so no part of
the covered patio would
visually protrude into the
crestline zone of
Yes

7 Resolution No. ___
Standards Hillside Requirements Proposed Complies
protection area. The
height of the proposed
structure is less than the
existing dwelling.

SECTION 5: City Council Decision and Approval.

The City Council of the City of Milpitas hereby denies Minor Site Development Permit No. MS24- 0257 and Variance VA25-0001 based on the above findings.

PASSED AND ADOPTED this 20 day of May 2025, 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

AGENDA VIII-1

MILPITAS PLANNING COMMISSION

STAFF REPORT
April 9, 2025
APPLICATION: HILLSIDE RESIDENCE ADDITION – 860 Evans Road – Minor Site Development Permit No. MS24-0257 and Zoning
Variance No. VA25-0001: A Minor Site Development and
Variance Permit to allow for an attached 1,082 square-foot covered deck to an existing single-family dwelling on a 0.8-acre site in the Single-Family Residential – Hillside Zoning District, located at 860 Evans Road. The Project also includes a Variance request to further encroach into the required 40-foot side setback of the Hillside Combining District.

RECOMMENDATION: Staff recommends that the Planning Commission recommend denial to the City Council of the Variance request for Minor Site Development Permit No. MS24-0257 and Variance No. VA25- 0001 to allow for a proposed covered deck to encroach into the required side yard setback.

LOCATION:

Address/APN: 860 Evans Road (APN 029-06-016)
Area of City: Northeastern portion of the City of Milpitas in the hillside area PEOPLE:

Project Applicant/Owner: Hien Nguyen
Project Planner: Randy Baez, Associate Planner

LAND USE:

General Plan Designation: Hillside Low-Density (HLD)
Zoning District: Single Family Residential-Hillside (R1-H) Planned Unit Development: None
Site Area: 0.8 acres

ENVIRONMENTAL: Categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or
Conversion of Small Structures) and Section 15305 (Minor Alterations in Land Use Limitations).

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 2 of 14 Map 1
3D Aerial Project Location
Map 2
Zoning Map
Project Site
Project Site

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 3 of 14

BACKGROUND
History
The existing 1,796 square-foot single-family home does not have any related Planning entitlements as it was constructed before the Hillside Combining District was adopted in 1992. The City does not have the original Building permits on file, but the oldest Building permits show that the existing dwelling had been constructed since at least 1969.

On October 15, 2024, the applicant filed a Minor Site Development Permit for initial staff review on the proposed hillside development project. After the first round of review of the application, staff determined that a variance request would be necessary in order to approve the covered deck in the proposed location.

On February 13, 2025, the applicant applied for a Variance Permit to deviate from the Hillside development standards for setbacks as established in Section XI-10-45 of the Milpitas Municipal Code (MMC).

Process
Pursuant to MMC Section XI-10-57.06(B)(2), the City Council shall have approval authority, upon recommendation by the Planning Commission, of any Variance application relating to developments within the Hillside (-H) Overlay District. The City Council shall hold a public hearing, with notice as required in MMC Section XI-10-64, Development Review Process, review the application and the Commission's recommendation and render its decision.

While other Minor Site Development Permits can be processed at the Zoning Administrator or staff level pursuant to MMC Sections XI-10-57.03 and XI-10-64.02, concurrent applications are consolidated so that final action on the project is made by the highest review authority responsible for making a decision on the applications for the project pursuant to MMC Section XI-10-64.03.

Furthermore, pursuant to MMC Section XI-10-45.09-2, no building permit may generally be issued for the construction or expansion of a single-family structure or accessory structure in the Hillside (-H) Overlay District until such structure has received a site and architectural review approval by the Planning Commission and the City Council.

PROJECT DESCRIPTION
Overview
The Project site is a developed 0.8-acre parcel located on Evans Road, near the intersection of North Park Victoria Drive and Jacklin Road. The property and neighboring properties are zoned R1-H Single Family Residential – Hillside. The Project site is at least 1,500 feet west of the hillside crest line as established in the Hillside development regulations (MMC Section XI-10-45). A vicinity map of the subject site location is shown on Map 1.

The Application
The applicant is requesting a Minor Site Development Permit and a Variance to construct a 1,082- square foot, attached, accessory building (covered deck) on a 0.8-acre lot. The following is a summary of the applicant's requests:

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 4 of 14

1.Minor Site Development Permit: To allow development of a 1,082 square-foot covered deck, attached to an existing 1,796 square-foot single-family residence. The proposed covered deck would be an expansion to a non-conforming building.

2.Variance Permit: To deviate from one of the Hillside development standards for side setbacks, which requires a minimum distance of 40 feet for primary structures from side property lines. Pursuant to MMC Section XI-10-54.08(A)(3)(a), accessory buildings structurally attached to the main building are treated as part of the main building in terms of development standards including setbacks.

Location and Context
The Project site is located in the northeastern portion of the City of Milpitas in the hillside area.

Map 2 and Table 1 provide a summary of the Zoning and Land Uses surrounding the site:

Table 1:

Surrounding Zoning and Land Uses
General Plan Zoning Existing Use
Subject Site Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Single-family home
North Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Single-family home
South Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Single-family home
East Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Vacant
West Hillside Very Low
Density (HVL)
Single-Family Residential-
Hillside (R1-H)
Religious assembly,
Baitul Baseer Mosque

PROJECT ANALYSIS
General Plan and Zoning
Milpitas General Plan 2040
The General Plan designation for the Project site is Hillside Very Low Density (HVL). The General Plan details the goals, objectives, and policies for the City's Hillside Area. It is characterized by gentle to steep slopes, grassy terrain with some scrub and trees, wildlife, geologically unstable areas, the Ed R. Levin County Regional Park, and a feeling of remoteness from the more urban portions of the City. The Hillside Low Density designation allows a maximum of one (1) housing unit per 10 gross acres. Table 2 outlines the proposed Project in relation to applicable General Plan policies.

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 5 of 14 Table 2:

General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual character of
hillsides, recognizing both the importance of
the exposure of hillside development from off-
site public views and the importance of
providing panoramic public views from and of
hillsides.

Inconsistent. In the proposed location, the
Project may alter the existing visual character
of the rolling Hillside in that the proposed
setbacks are not consistent with the existing
Zoning Standards that have been in place since
1992. Based on the site plan submitted by the
applicant, the home will encroach into the
required 40-foot side yard setback. However,
the project will not significantly increase any
existing impediment to the ability for public
views of the hillsides.

CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.

Consistent. The proposed Project will be
situated at the flattest portion of the lot to limit
the disruption to the existing natural
topography by limiting cut and fill. A portion
of the Project is partially proposed within the
footprint of an existing deck and will not
disrupt the existing topography of the hillside
areas.

CD 7-3 Protect the natural character of
hillside areas by means of contour grading to
blend graded slopes and terraces with the
natural topography.

Consistent. Minimal contour grading will be
required for the construction of the new
enlarged deck due to its location on the flattest
areas of the lot. All contours for the home and
access driveway will remain the same and will
continue to blend with the natural site
contours. The driveway follows the natural
contours, does not require steep cuts, and
follows the natural grade of the existing
Hillside.

CD 7-4 Avoid mass graded pads within
hillside areas. Smaller steps or grade
changes should be used over single, large,
slope banks to the greatest extent feasible.

Consistent. The existing graded pad for the
home is situated on a flat portion of the parcel
and will not be modified. Grading follows the
site's natural contours in an effort to preserve
the natural terrain.

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 6 of 14 CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the environmental
constraints are adequately addressed,
especially with respect to runoff and erosion.

Consistent. No changes are proposed to the
existing land use and zoning designation, as
the subject site will continue to be used as a
single-family residence. Construction of the
proposed covered deck should meet current
building code requirements, and the
Engineering Department will review all
construction documents for compliance with
applicable stormwater and erosion
management requirements. In accordance
with MMC Section XI-10-45.17-3, the amount
of impervious surface on the site shall be less
than 8,000 sq. ft.

CD 7-6 Require hillside development to
incorporate architecture, scale, massing,
building form, building color, roof materials,
and landscaping to reflect the natural hillside
setting.

Inconsistent. The attached accessory building
(covered deck) is proposed with a side yard
setback of five feet. The minimum required
side yard setback within the Hillside
Combining District is 40 feet. The proposed
Project would encroach approximately 35 feet
into the required setback, which would not
reflect the natural hillside setting.

Milpitas Zoning Ordinance
The site is located in the R1-H Single-Family Residential-Hillside Combining District. The "H" Hillside Combining District promotes and encourages the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular constraints associated with the development of hillside areas, including, but not limited to, geologic problems, slope, safe access, and visibility.

Per MMC Section XI-10-45.17-3, the subject parcel is less than 3.0-acres, so the maximum size of the proposed residence does not exceed 6,000 square feet, and the amount of impervious surface coverage on the site will be less than 8,000 square feet. Table 3 demonstrates the Project's partial consistency with the applicable development standards of the R1-H zone. The Table notes that the Project is not entirely consistent with the requirements of the "H" Hillside Combining District in that the proposed structure further encroaches into the required 40-foot side setback. The applicant is requesting a Variance to address this issue, which is discussed in a later section of this report.

Table 3:

Summary of Development Standards
Standards Hillside Requirements Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%. Otherwise,
40 ft. minimum
40 ft. 6 in. from the
property line Yes

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 7 of 14 Standards Hillside Requirements Proposed Complies
Side Yard Setback 40 ft. minimum
5 ft. 1 in. on the west and
10 ft. and 11 in. on the
east.

No. Proposed
project
requires
approval of a
Variance
Rear 40 ft. minimum 127 ft and 2 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 1,796 sq. ft. Yes
Impervious
Surfaces
8,000 sq. ft. maximum
(lots < 3 acres) <8,000 sq. ft. Yes
Building Height
(Maximum)
17 ft. and one story west
of crestline
One story or
13 feet and 11 inches Yes
Parking Two spaces required Four spaces (two inside
garage & two outside) Yes
Crestline Zone of
Protection
The crestline zone of
protection is defined as
the area westerly of the
perceived crestline and
between the perceived
crestline and an elevation
one hundred (100) feet
below.

The proposed accessory
building is located
significantly more than
100 feet below the
crestline, and so no part of
the covered patio would
visually protrude into the
crestline zone of
protection area. The
height of the proposed
structure is less than the
existing dwelling.

Yes
In addition to the development standards outlined above, the proposed Project must also comply with the Site and Architectural Guidelines for new hillside development outlined in MMC Section XI-10-45.09-7. The Planning Commission and City Council must consider the Site and Architectural Guidelines as part of their review of proposed projects in the "H" Hillside Combining District. As demonstrated in Table 4 below, staff has determined that the proposed Project is inconsistent with the Hillside Site and Architectural Guidelines.

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 8 of 14 Table 4
Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
(a) Avoid unreasonable interference with
Views and Privacy. The height, elevations
and placement on the site of the proposed
primary or accessory structure, when
considered with reference to the nature and
location of residential structures on adjacent
lots, will avoid unreasonable interference
with views and privacy.

Inconsistent. The proposed attached accessory
building (covered deck) is located on a developed

0.8-acre lot with proposed side setbacks ranging
from 5 feet to 10 feet, 11 inches along the
southern property line. The nearest existing
residence is located less than 100 feet to the
southwest, and a home on the adjacent lot to the
northeast is located approximately 200 feet away.

The placement of the proposed covered deck and
close proximity to the side property lines may
affect the views and privacy on adjacent lots.
(b) Preserve Natural Landscape. The
natural landscape will be preserved insofar
as practicable by designing structures to
follow the natural contours of the site and
minimizing tree and soil removal.

Consistent. The Project site is currently
developed with a single-family dwelling, with a
few shrubs on the higher sloped northern portions
of the lot. Two trees will be removed as part of
this request, but they would be subject to the
City’s tree removal permit process. The proposed
covered deck will be located on a relatively flat
portion of the lot that will not require additional
grading and follows the existing contours of the
site. Therefore, the natural landscape will remain
preserved.
(c) Minimize Perception of Excessive Bulk.

The design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.

Inconsistent. The proposed attached accessory
building (covered deck) is situated on the
southwest portion of the site, attached to the
existing single-family dwelling. The dwelling has
an existing non-conforming 11-foot side setback
as measured from the property line to an attached
sunroom. The steep topography of the site and the
reduced setback will increase the visual impact of
the proposed structure and perception of excessive
bulk. The proposed covered deck will not exceed
the maximum building heights in the R-1-H
Zoning District. No new landscaping is proposed
at this time.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light and
air of adjacent properties nor unreasonably
Consistent. The proposed detached accessory
building (covered deck) will not exceed the
maximum building heights in the R-1-H Zoning
District; however, the proposed setbacks do not

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 9 of 14 Site and Architectural Guidelines
Section 45.09-7
Consistency Finding
impair the ability of adjacent properties to
utilize solar energy.
meet the Hillside development standards. The
existing dwelling currently has a side setback of
11 feet as measured from the property line to an
attached sunroom. With the proposed covered
deck, the structure would encroach even further
into the required 40-foot side setback. The nearest
residence to the south is less than 100 feet away,
while the residence to the north is approximately
200 feet away. However, the proposed covered
deck should not unreasonably impair the light and
air of adjacent properties.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. The amount of grading is only limited
to the removal of dirt for the proposed deck posts.

The proposed covered deck will be built on a flat
portion of the lot, which would eliminate the need
for significant grading. The existing driveway will
not be modified. All grading shall comply with
the grading ordinance criteria.

Site & Architectural Design
The Project site is developed with a 1,769 square-foot single-family residence and 690 square-foot attached two-car garage. The existing dwelling has a rear yard setback of 123 feet and 4 inches, an east side setback of 68 feet, a west side setback of 11 feet, and a front yard setback of 40 feet and 6 inches. The development standards of the “H” Hillside Combining District establish a minimum side setback of 40 feet. This proposal would further encroach into that required setback and would result in a side setback between 5 feet and 1 inch and 10 feet and 11 inches.

The proposed 1,082 square-foot attached, covered deck is designed with a 42-inch “dwarf wall” that will match the stucco of the existing residence. A flat roof for the covered deck is also proposed and will match the materials of the existing composition shingle roof. All exterior colors, materials and finishes are natural earth-tones creating harmony with the surroundings.

Grading and Landscaping
The proposed covered deck would be located on the flattest portion of the lot, thus minimizing the amount of grading required. The amount of grading is only limited to the removal of dirt for the proposed deck posts. The existing driveway will not be modified. All grading shall comply with the grading ordinance criteria and would require civil plans to be reviewed prior to any Building permit issuance. No additional landscaping is proposed as part of this Project.

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 10 of 14 Crestline Zone of Protection
The development standards of the "H" Hillside Combining District establish a "Crestline Zone of Protection" to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor MMC Section XI-10-45.06-2 defines the crestline zone of protection as "the area westerly of the perceived crestline and between the perceived crestline and an elevation one hundred (100) feet below. In the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline sight line." The perceived crestline is defined in MMC Section XI-10-45.06-3 as "the crestline identified when viewed from the three (3) closest viewpoints of those nine (9) [viewpoints] shown on the zoning map and designated as "VP." All proposed new hillside development must demonstrate compliance with the crestline zone of protection, as outlined in MMC Section XI-10-45.06-5.

MMC Section XI-10-45.06-2 outlines an objective standard that restricts building heights for structures located within three hundred feet easterly of the crestline. Specifically, the standards state that: 1) structure heights shall be restricted so that no structure extends above the crestline [sight] line; and 2) no structure may visually intrude into the "crestline zone of protection" area.

The proposed accessory building is located significantly more than 100 feet below the crestline, and so no part of the covered patio would visually protrude into the crestline zone of protection area.

Variance
Even for legal non-conforming buildings, the Zoning Ordinance states:

In the R1, R2 and R1-H Districts, a legal nonconforming building or structure shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all development standards and regulations of the district in which it resides, including, but not limited to height, yard setbacks, maximum lot coverage, impervious surface coverage, and maximum size of residence regulations of said district. In addition, a legal nonconforming building or structure shall not be added to or enlarged unless existing front yard paving is brought into conformance. (MMC XI-10-56.02(D)(1).) Accordingly, the proposed project must conform to all development standards and regulations, including specific yard setbacks.

A Variance is a type of permit approved by the City that sanctions deviations from the adopted Zoning Ordinance regulations related to physical development standards, such as lot size, building setback, and height limits. The purpose and intent of the variance process is to provide relief from the substantive provisions of the City's Zoning Ordinance when the strict application of these provisions would deprive the property for which the Variance is sought of privileges enjoyed by other properties in the vicinity and under the same zoning classification because of special circumstances applicable to the property (including, but not limited to size, shape, topography, location or surroundings).

As discussed in the previous section, the proposed Project requires approval of a variance by the City Council to allow for the development of an attached accessory building (covered patio) to encroach into the required side setback of the “H” Hillside Combining District.

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 11 of 14 Planning staff do not recommend approval of a variance because there is no evidence of special circumstances applicable to the property that would warrant this deviation from generally applicable zoning standards. Rather, such variance would extend to this property privileges that are not enjoyed by other properties in the vicinity.

Alternatives
In order to meet the setback requirements of the “H” Hillside Combining District, it is not feasible to have an attached accessory building structure along the southwest side of the existing single- family residence. However, Staff has provided alternatives for the applicant that may provide similar amenities, which are included below:
•Install a deck without a roof. The uncovered deck would be considered an accessory structure instead of an accessory building and would be subject to a 3-foot side setback requirement.
•Install a detached patio cover, gazebo, pergola, or similar structure. This detached structure would also be subject to a 3-foot side setback but would have to adhere to the MMC Sec. XI-10-54.08(B)(7) including a maximum height of 12 feet. This project would be feasible at the rear of the property.
•Install an attached covered deck in a new location. Although the Project site is developed with a non-conforming side setback along the southwest boundary, it may be feasible to develop an attached accessory building (covered deck) along the northeast side of the single-family residence. The dwelling currently has a side setback of at least 68 feet along that side.

FINDINGS FOR APPROVAL (OR DENIAL)
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. Outlined below are separate findings for approval of a Minor Site Development Permit; and a Variance to allow the Project to deviate from minimum setback requirements imposed by the Hillside development standards.

Minor Site Development Permit Findings (Section XI-10-57.03(F))

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:

As described within the staff report, the architectural design and site planning of the proposed accessory building (covered deck) is not compatible with the neighboring homes within the Hillside Combining District due to proposed location. The required minimum side setback is 40 feet and as little as 5 feet is proposed.

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

As described within the staff report, the proposed home is not consistent with all of the development standards in MMC Section 45.09-7(a) of the Single-Family Hillside Zoning

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 12 of 14 district, particularly with regards to side yard setbacks. In order to grant exceptions to the Zoning Ordinance, a Variance request would need to be approved.

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

The Project is consistent with Policy CD 7- 5 of the Milpitas General Plan, which establishes that land uses allowed in the Hillside Area shall be limited to Very Low Density Residential, parks, and open space. The proposed accessory building (covered deck) will not change the land use of the property and will continue to be used as a single-family dwelling.

The Project is not entirely consistent with the intent of the General Plan, specifically General Plan Policy section regarding Hillside Development and Preservation Policy CD 7-6 which requires “hillside development to incorporate architecture, scale, massing, building form, building color, roof materials, and landscaping to reflect the natural hillside setting.” The proposed Project would encroach approximately 35 feet into the required 40-foot side yard setback, which would not reflect the natural hillside setting nor is it compatible with similar single-family residences within the vicinity of the area.

Variance
To grant the exceptions to allow the proposed accessory building (covered deck) to extend into the required side yard and approve the request for a Variance, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.06(F)(1):

1. Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.

The subject property is one of five properties within the immediate vicinity that are developed with single-family dwellings. The subject property was developed prior to the adoption of the City’s Hillside Combining District, resulting in non-conforming setbacks along the southwest property line. Other adjacent properties are also non-conforming in terms of side setbacks, although they have not requested to further encroach into those setbacks at this time. There are, however, no special circumstances of the property that require this accessory building to be located in this area and encroach into the side setback.

Rather, the proposed accessory building could have been relocated elsewhere on the property in a manner that could meet all development standards of the “H” Hillside Combining District. There are also alternative avenues for substantially similar development on the property identified in the staff report. Far from depriving the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications, the proposed variance would grant the property a special privilege by allowing an expansion of a non-conforming building not otherwise available to similarly situated properties.

2. The granting of the Variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property.

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 13 of 14 The granting of the Variance for the attached accessory building (covered deck) is not considered a substantial property right for the proposed location. The existing dwelling currently has a non-conforming side setback of 11 feet as measured from the property line to an attached sunroom. With the proposed covered deck, the structure would encroach even further into the required 40-foot side setback. The 5-foot side yard setback for the proposed covered deck would be substantially closer to the property line than any of the properties within the same vicinity of the Project site. Furthermore, an uncovered deck within the proposed location, a covered deck located elsewhere on the property, and other alternatives discussed in the staff report likely would not have required a Variance. The applicant has not demonstrated that the proposed location of the deck is the only feasible location within the property.

3. The required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

The Variance would apply to the provision of not allowing structures and buildings within the required 40-foot side yard setback. The Planning Commission and City Council may grant exceptions to these requirements pursuant to the guidelines set forth in Subsection 45.09-7, outlined in Table 4 above. Conditions of approval may be added by the Planning Commission to ensure that the Variance will not constitute a grant of special privileges. In this case, however, the granting of a Variance would allow the expansion of a non-conforming structure, including further encroachment into a setback toward other residential structures, in contravention of MMC Section XI-10-56.02(D)(1). The proposed variance would grant a special privilege by allowing a greater encroachment into the side setback than other properties are allowed.

4. The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

The proposed attached accessory building (covered deck) for a single-family residence is located on a 0.8-acre lot with non-conforming southwest side setbacks between 11 to 26 feet. The nearest existing residences is located less than 100 feet to the south, and an additional residence is located approximately 200 feet to the north, on adjacent lots.

Further encroachment into this setback could therefore negatively impact adjacent properties, including the privacy, air, and light afforded to those properties. Additionally, if approved, the proposed variance would establish a precedent for other properties in the vicinity to further encroach into their side yard setbacks, which would have a greater negative cumulative impact on the neighborhood. However, the Project site is located at least 1,500 feet away from the Crestline so the structure should not obstruct views of the Hillside.

5. The granting of a variance is consistent with the General Plan and the intent of this title.

The Project is not entirely consistent with the intent of the General Plan, specifically General Plan Policy section regarding Hillside Development and Preservation Policy CD

Agenda Item IX-1: Variance for Hillside Residence – April 9, 2025 Page 14 of 14 7-6 which requires “hillside development to incorporate architecture, scale, massing, building form, building color, roof materials, and landscaping to reflect the natural hillside setting.” The proposed Project would encroach approximately 35 feet into the required 40-foot side yard setback, which would not reflect the natural hillside setting nor is it compatible with similar single-family residences within the vicinity of the area.

ENVIRONMENTAL REVIEW
The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use Limitations).

PUBLIC COMMENT/OUTREACH
Staff provided public notice for the application in accordance with City and State public noticing requirements. At the time of writing this report, there have been no inquiries from the public. A notice was published in the Milpitas Post on March 21, 2025. In addition, 44 notices were sent to owners and occupants within 500 feet of the project site. A public notice was also provided on the project site, on the City's Website, www.milpitas.gov, and posted at City Hall.

RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing; and

3. Adopt Resolution 25-006, recommending the City Council deny Minor Site Development Permit No. MS24-0257 and Variance VA25-0001, which would allow the development of an accessory building attached to an existing single-family residence to encroach into the required 40-foot side yard setback, in conformance with the development standards of the R1-H Single-Family Residential-Hillside Zoning District, subject to the findings.

ATTACHMENTS
A: Resolution 25-006
B: Project Plans
C: Variance Request and Justification from Applicant

UUNDERU.B.C.UNIFORM BUILDING CODEU.G.UNDERGROUNDU.L.UNDERWRITER'S LABORATORYUNF.UNFINISHEDU.N.O.UNLESS NOTED OTHERWISEUR.URINALV.VERTICALVENT.VENTILATINGVERT.VERTICALVER.VERIFYV.T.R.VENT THROUGH ROOFW.WEST, WIDE, WIDTHW/.WITHWD.WOODW.H.WATER HEATERW.C.WATER CLOSETW.I.WROUGHT IRONWP.WATERPROOFW.W.M.WELDED WIRE MESH &AND<ANGLE@ATCCENTERLINE∅DIAMETER OR ROUNDPLPROPERTY LINE, PLATEA.B.ANCHOR BOLTABV.ABOVEA/CAIR CONDITIONINGA.C.ASPHALT CONCRETEACOUS.ACOUSTICALA.D.AREA DRAINADH.ADHESIVEADJ.ADJUSTABLEAL.ALUMINUMALT.ALTERNATEANOD.ANODIZEDA.P.ACCESS PANELAPPX.APPROXIMATELYAPPV'DAPPROVEDARCH.ARCHITECTURALASB.ASBESTOSASSY.ASSEMBLYAUTO.AUTOMATICB.BATHBD.BOADRDBEL.BELOWBET.BETWEENBITUM.BITUMINOUSBLDG.BUILDINGBLK.BLOCKBLK'GBLOCKINGBM.BEAMB.O.BY OWNER/BY OTHERSBOT.BOTTOMBR.BEDROOMB.W.BACK OF WALK/BOT. OF WALLCAB.CABINETC.B.CATCH BASINCEM.CEMENTC.G.CORNER GUARDCHAN.CHANNELCHG.CHANGEC.I.CAST IRONC.J.CONTROL JOINT/CONST. JOINTCLG.CEILING/ CEILING JOISTCLKG.CAULKINGCLR.CLEARCNTR.COUNTERCONC.CONCRETECOND.CONDITIONCONST.CONSTRUCTIONCONT.CONTRACTOR/ CONTINOUSCORR.CORRIDOR, CORROSIVECTSK.COUNTERSUNKCTR.CENTERDBL.DOUBLEDECO.DECORATIVEDEPT.DEPARTMENTDET.DETAILD.F.DRINKING FOUNTAIN/DOUGLASS FIRDIA.DIAMETERDIAG.DIAGONALDIM.DIMENSIONDN.DOWNDR.DOORD.S.DOWN SPOUTD.S.P.DRY STAND PIPEDWG.DRAWING (E.)EXISTING/ EAST/ENTRY/ EACHE.J.EXPANSION JOINTEL.ELEVATIONELEC.ELECTRICELEV.ELEVATOREMER.EMERGENCYENCL.ENCLOSUREE.P.ELECTRIC PANELE.Q.EQUAL/EQUIVALENTEQPT/EQPMEQUIPMENTE.W.EACH WAYEXST.EXISTINGEXH.EXHAUSTEXPO.EXPOSEDEXT.EXTERIORE.G.EXISTING GRADEF.FIXEDF.A.FIRE ALARMFAC.FACTORYF.C.O.FLOOR CLEAN OUTF.D.FLOOR DRAINFDN.FOUNDATIONF.E.FIRE EXTINGUISHERF.E.C.FIRE EXTINGUISHER CABINETF.G.FINISH GRADEF.H.FLAT HEADFIN.FINISHFIX/FIXTFIXTUREF.J.FLOOR JOISTF.L.FLOW LINEFLASH.FLASHINGFLR.FLOORFLUOR.FLUORESCENTF.O.C.FACE OF CONCRETE/FACE OF CURBF.O.F.FACE OF FINISHF.O.S.FACE OF STUD/FACE OF STRUCUTREF.O.M.FACE OF MASONRYFP.FIREPLACEF.S.FLOOR SINKFT.FOOT OR FEETFTG.FOOTINGFURR.FURRINGFUT.FUTUREF.V.FIELD VERIFYGA.GAUGEGALV.GALVANIZEDG.B.GRAB BAR/GRADE BEAMG.C.GENERAL CONTRACTORGEN.GENERALG.F.I.GROUND FAULT INTERRUPTG.I.GALVANIZED IRONG.L.GLASSG.L.B.GLU-LAM BEAMGND.GROUNDGR.GRADEGYP.GYPSUMG.P.GRADE PLANEH.HIGHH.B.HOSE BIBH.C.HOLLOW COREHD.HARDHDR.HEADERHDWD.HARDWOODHDWR.HARDWAREH.M.HOLLOW METALHORIZ.HORIZONTALHR.HOURHT./HGT.HEIGHTHVACHEATING VENTILATING/AIR COND.

I.D.INSIDE DIAMETER/INTERIOR DESIGNERIN.INCHINSUL.INSULATIONINT.INTERIORINV.INVERT/INVERTEDJAN.JANITORJT.JOINTJST.JOISTKIT.KITCHENL.LOW/LINENL.A.LANDSCAPED AREALAB.LABORATORYLAM.LAMINATELAV.LAVATORYLBS.POUNDSLFA.LOAD FROM ABOVEL.H.LEFT HANDLKR.LOCKERLT.LIGHTLUM.LUMINOUSMAINT.MAINTENANCEMAS.MASONRYMAT.MATERIALMAX.MAXIMUMM.B.METAL BOLTM.C.MEDICINE CABINETMECH.MECHANICALMEMB.MEMBRANEMET/MTL.METALMFR/MFGRMANUFACTURERM.H.MAN HOLEMIN.MINIMUMMIR.MIRRORMISC.MISCELLANEOUSM.O.MASONRY OPENINGMOS.MOSAICMTD.MOUNTEDMUL.MULLION(N.)NEWN.NORTHNAT.NATURALN.I.C.NOT IN CONTRACTN.G.NATURAL GRADENO.NUMBERNOM.NOMINALN.T.S.NOT TO SCALEO/.OVERO.A.OVERALLOBS.OBSCUREO.C.ON CENTERO.D.OUTSIDE DIAMETER/DIMENSIONO.F.D.OVERFLOW DRAINOFF.OFFICEOPNC.OPENINGOPP.OPPOSITEPERIM.PERIMETERPL.PLATE/PROPERTY LINEP.LAM.PLASTIC LAMINTEPLAS.PLASTERPLUMB.PLUMBINGPLYWDPLYWOODPNT.PAINTP.O.C.POINT OF CONNECTIONPR.PAIRPROJ.PROJECTIONPSL.PARALLEL STRANDLAMINATEPT.POINT R.A.RETURN AIRRAD.RADIUSR.D.ROOF DRAINR.D.L.ROOF DRAIN LEADERRECPT.RECEPTACLERECT.RECTANGULARREF.REFERENCEREFR/ R/FREFRIGERATORREG.REGISTERREINF.REINFORCEMENTREQ'D.REQUIREDRESIL.RESILIENT'RET.RETAIN(ING), RETURNRM.ROOMR.O.ROUGH OPENINGR.R.ROOF RAFTERRWD.REDWOODS.SOUTHS.A.SUPPLY AIRS.C.SOLID CORES.C.D.SEAT COVER DISPENSERSCHED.SCHEDULES.D.SUB DRAIN/SOAP DISPENSERSEC.SECTIONSEL.SELECTEDSH.SHELFSHT.SHEETSHT'G.SHEATHINGSIM.SIMILARSIMP.SIMPSONS.J.SOFFIT JOISTS.S.STAINLESS STEELS.SK.SERVICE SINKSTA.STATIONSTD.STANDARDSTL.STEELSTOR.STORAGESTRUCT.STRUCTURALSUSP.SUSPENDEDSYM.SYMMETRICALT.TREADT.C.TOP OF CURBT.CL.TIME CLOCKTEL.TELEPHONETEMP.TEMPEREDTER.TERRAZZOT.D.TOP OF FENCET.&G.TONGUE AND GROOVETHK.THICKT.P.TOP OF PAVINGT.PL.TOP OF PLATET.O.S.TOP OF STRUCTURE/SLABTRANS.TRANSFORMERT.S.TOP OF STEPT.W.TOP OF WALLTYP.TYPICAL OWNERPROJECT LOCATION860 EVANS RD, MILPITAS, CA 95035PROJECT DATAZONE:R1-HAPN: 029-06-016LOT AREA:35,485 SQ.FT.OCCUPANCY: R-3CONSTRUCTION TYPE: V-BEXISTING USED: SINGLE HOUSESTORY : 1 STORYEXISTING LOT COVERAGE:2,795 SQ.FT. (7.8 %)PROPOSED LOT COVERAGE:2,505 SQ.FT.(7.1 %)EXISTING BUILDING HEIGHT:13'-11"

APPLICABLE CODES
·REMOVED EXISTING DECK·CONVERTED 290 S.F. SUNROOM TO A NEW DECK·ADDED 1,082 S.F. OF NEW DECK·RELOCATED KITCHEN·ADDED 27 S.F. TO ENTRY·NEW LAUNDRY ROOM·CONVERTED 19 S.F. OF LIVING AREA TO GARAGE·INSTALLED 2 NEW GARAGE DOORS·REMODELED 3 BEDROOMS & 2 BATHROOMS·RE-WIRED ALL ELECTRICAL·INSTALLED NEW INSULATION·INSTALLED 6 SUN TUNNELS & 1 SKYLIGHT·WALL HEATERS FOR ALL CONDITIONED AREAS·ADDED 185 S.F. OF NEW COVERED PATIO·INSTALLED NEW HEAT PUMP WATER HEATER A0 TITLE SHEET.A1 PLOT PLAN.A2 EXISTING FLOOR & ROOF PLAN.A3 PROPOSED FLOOR PLAN & ROOF PLAN.A4 EXISTING ELEVATIONS.A5 PROPOSED ELEVATIONS.A6ELECTRICAL PLAN.A7 PROPOSED SECTIONS& DETAILS.CGCAL GREEN BUILDING CHECKLIST.CBBLUEPRINT FOR A CLEAN BAY.

PROJECT INFORMATION

SHEET INDEX

SCOPE OF WORK

PROJECT LOCATION
GENERAL NOTES:1. DISCREPANCIES: DO NOT SCALE FROM DRAWINGS, WRITTEN DIMENSIONS HAVEPRECEDENCE OVER ALL ELSE. ANY DISCREPANCIES SHALL BE REPORTED TO THEPROJECT ENGINEER IMMEDIATELY PRIOR TO COMMENCING ANY WORK .2. ALL CONSTRUCTION WORKMANSHIP AND MATERIALS SHALL CONFORM: CALIFORNIA BUILDING CODE 2022 EDITION CALIFORNIA MECHANICAL CODE 2022 EDITION CALIFORNIA PLUMBING CODE 2022 EDITION CALIFORNIA ELECTRIC CODE 2022 EDITIONALONG WITH ANY OTHER APPLICABLE LOCAL & STATE LAWS AND REGULATIONS.3. ALL ELECTRICAL, FIRE PROTECTION, MECHANICAL, PLUMBING AND STRUCTURALWORK SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH EACH FIELDSAPPLICABLE CODES AND STANDARDS.4. CONSTRUCTION DRAWING NOTES AND DETAILS TAKE PRECEDENCE OVER GENERALNOTES AND TYPICAL DETAILS, ALL DIMENSIONS TAKE PRECEDENCE OVER SCALESHOWN ON PLANS, SECTIONS AND DETAILS.5. CONTRACTORS SHALL VERIFY LOCATION AND ACCEPTABILITY OF EXISTING UTILITIESPRIOR TO START OF CONSTRUCTION.6. ROOMS W/ FIXED GLASS SHALL HAVE A MIN.OF 2 AIR CHANGES PER HOUR WITH 1/5FROM OUTSIDE AIR . BATHROOMS AND LAUNDRY ROOMS SHALL HAVE A MIN. OF 5 AIRCHANGES PER HOUR .7. INTERIOR WALL COVERINGS SHALL BE MIN. 1/2" THK. GYPSUM BOARD FLAMESPREAD CLASS III UNLESS NOTED OTHERWISE .8. WORK SHALL BE EXECUTED WITH THE LEAST POSSIBLE DISTURBANCE TO THE PUBLICAND OCCUPANTS OF ADJACENT AREAS. THE CONTRACTOR SHALL KEEP DIRT, DUSTAND NOISE TO A MINIMUM AND PROVIDE DUST SHEETS AS REQUIRED AND DIRECTED.WORK SHALL BE SCHEDULED BY THE CONTRACTOR AND AGREED TO BY THE OWNER INWRITING.9. INSULATE ALL EXTERIOR WALLS WITH R-19 MIN. BATT INSULATION . AND CEILINGSWITH R-30 MIN. INSULATION, UNLESS NOTED OTHERWISE ON THESE PLANS ANDDRAWINGS PER TITLE 24.10. ALL HABITABLE ROOMS, SHALL HAVE COMFORT HEATING AT LEAST 68°F (20°C) AT APOINT 3'-0" ABOVE FLOOR.11. PRIOR TO INSPECTION OF ROOF SHEATHING, THE APPLICANT'S REPRESENTATIVESHALL REQUEST AN INSPECTION OF THE RESIDENCE BY THE PROJECT ENGINEER INORDER TO ENSURE COMPLIANCE WITH ALL OF THE ARCHITECTURAL DETAILING OF THEBUILDING AS SPECIFIED IN THE APPROVED DRAWINGS.12. VERIFY EXCESS FLOW OR MOTION SENSOR AUTOMATIC SHUT-OFF VALVE IS AT (E)GAS METER IF IS NOT SHALL BE PROVIDED.13. PROVIDE WATERPROOF GYPSUM BOARD AT TUBS AND SHOWERS WITHSELF-FURRED BLDG. PAPER BACKING BEHIND CERAMIC TILE.14. WATER HAMMER ARRESTORS SHALL BE INSTALLED AT THE FOLLOWINGQUICK-ACTING SHUT OFF VALVES. (CPC 609.10):1. AUTOMATIC WASHING MACHINE HOT AND COLD WATER).2. ICEMAKER.3. DISHWASHER.15.ATTIC ACCESS : THE ATTIC ACCESS SHALL BE WEATHERSTRIPPED, AND INSULATIONEQUIVALENT TO THAT OF THE CEILING SHALL BE INSTALLED ON THE ACCESS PANEL INTHE ATTIC SIDE OF CEILING .16. DRYER VENT SHALL NOT EXCEED A COMBINED VERTICAL AND HORIZONTAL LENGTHOF 14' FEET INCLUDING 2 TWO 90 DEGREE ELBOWS .17. ALL STAIR RISERS SHALL BE OF UNIFORM SIZE AND SHAPE EXCEPT THAT THELARGEST TREAD RISER IN ANY FLIGHT OF STAIRS CANNOT EXCEED THE SMALLEST BYMORE THAN 3/8" (CBC. 1003.3.3)18. PROVIDE " TYPE "X" GYP. BD. THROUGHOUT THE ENCLOSED USABLE AREA.19. PROVIDE FIREBLOCKING OF THE STUD WALL ADJACENT TO THE STAIR STRINGER.(CBC. 1003.3.3.9 & 708)20. INSULATE ALL INTERIOR WALLS WITH R-11 MIN. BATT INSULATION UNLESSOTHERWISE NOTED ON THESE PLANS AND DRAWINGS.21. SMOKE DETECTORS ARE REQUIRED TO BE INTER- CONNECTED AND BE EQUIPPEDWITH A BATTERY BACKUP. DETECTORS MUST EMIT A SIGNAL WHEN BATTERIES ARELOW .22. TEST FOR RADON, IF THE LEVELS ARE STILL EQUAL OR EXCEED 4 PCI/L, THE PASSIVESYSTEM SHOULD BE ACTIVATED BRING IT TO THE ATTENTION OF THE PROJECT ENGINEERIMMEDIATELY, FOR REMEDIATION.23. ROOF COVERAGE FIRE-RESISTANCE CLASS SHALL BE CLASS B.

NOTICE TO BUILDER:IT IS THE INTENT OF THIS DESIGNER THAT THESE PLANS AREACCURATE AND ARE CLEAR ENOUGH FOR THE LICENSEDPROFESSIONAL BUILDER TO CONSTRUCT THIS PROJECT. IN THEEVENT THAT SOMETHING IS UNCLEAR OR NEEDS CLARIFICATION,STOP AND CALL THE DESIGNER LISTED ON THE TITLE SHEET. IT ISTHE RESPONSIBILITY OF THE LICENSED PROFESSIONAL TO FULLYREVIEW THESE DOCUMENTS BEFORE CONSTRUCTION BEGINS SOTHAT THIS PROJECT IS CONSTRUCTED PROPERLY AND IFNEEDED TO MAKE CORRECTIONS BEFORE ANY WORK BEGINS.SITE PLAN NOTES:1. THE GENERAL CONTRACTOR (GC) SHALL READ, EXAMINE ANDBE THOROUGHLY FAMILIAR WITH THESE DRAWINGS AND WITHTHE EXISTING SITE CONDITIONS PRIOR TO START WORK. IN THEEVENT THERE ARE DISCREPANCIES OR OMISSIONS WITHIN THEDRAWINGS AND/OR SPECIFICATIONS. THE GC. SHALL NOTIFY THEDESIGNER IMMEDIATELY.2. THE GC. AND ALL SUBCONTRACTORS SHALL COMPLY WITH ALLAPPLICABLE LAWS AND CODE REGULATIONS.3. THE GC. SHALL VERIFY ALL GRADE ELEVATIONS PRIOR TOCONSTRUCTION.4. THE GC. AND ALL SUBS SHALL BE RESPONSIBLE FOR THEPROTECTION OF NEW AND EXISTING CONSTRUCTION FROMDAMAGE. ALL DAMAGED MATERIAL SHALL BE RESTORED/REPAIRED TO ITS ORIGINAL CONDITION5. THE GC. SHALL BE RESPONSIBLE FOR ALL ITEMS OFEQUIPMENT, FIXTURES AND MATERIALS NOT SPECIFIED HEREINBUT NECESSARY FOR THE COMPLETION OF THE WORK ASINDICATED ON THESE DRAWINGS. THE GC SHALL SUBMIT CUTSHEET/SHOP DRAWINGS WHICH MEET THE QUALITY ANDFUNCTION DESIRED.6. THE ARCHITECT RESERVES THE RIGHT TO REJECT ALLMATERIALS AND WORK QUALITY WHICH ARE NOT INCONFORMANCE WITH THE SPECIFIED STANDARDS OF THEVARIOUS TRADES INVOLVED. SUCH INFERIOR MATERIALS ORWORK OR QUALITY SHALL BE REPAIRED OR REPLACED ASDIRECTED BY THE OWNER OR DESIGNER.7. THESE PLANS AND RELATED DOCUMENTS MUST BE AVAILABLEAT THE JOB SITE AND AVAILABLE DURING INSPECTION ACTIVITY.8. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FORCORRECTLY LOCATING ALL PROPERTY LINES AND GRADESREQUIRED FOR THE CONSTRUCTION OF THIS PROJECT.9. THE BUILDING SITE SHALL BE CLEARED AND GRUBBED OF ALLSTUMPS ROOTS OR OTHER FOREIGN MATTER TO A DEPTH OF 12INCHES.10. ALL FOOTINGS TRENCHES SHALL BE CLEANED AN GRUBBEDOF ALL ROOTS.11. ALL FILL SHALL BE COMPACTED TO A MINIMUM OF 90 PERCENTRELATIVE COMPACTION OR MAXIMUM FIELD DENSITY. FIELDDENSITY SHALL BE DETERMINED IN ACCORDANCE WITH THE 2012INTERNATIONAL RESIDENTIAL CODE AND BY THE LOCAL BUILDINGDEPARTMENT. ALL FILL MATERIAL USED TO SUPPORT THEFOUNDATION SHALL BE PLACED IN ACCORDANCE WITH ACCEPTEDENGINEERING PRACTICE AND SHALL HAVE NO MORE THAN MINORAMOUNT OF ORGANIC SUBSTANCES AND HAVE NO ROCK ORSIMILAR IRREDUCIBLE MATERIAL WITH A MIN. DIMENSIONGREATER THAN 8"ALL FILL MATERIAL SHALL BE PLACED IN LAYERS NOT TO EXCEED6" WATER SHALL BE ADDED TO THE OPTIMUM LEVEL FOR THEREQUIRED COMPACTION AND DENSITY PER LAYER FILL ANDCOMPACTION SHALL MEET THE APPROVAL OF THE LOCALBUILDING DEPARTMENT.12. ALL FINISH GRADES AROUND THE BUILDING SHALL BESLOPPED TO DRAIN WATER AWAY FROM THE BUILDING.13. PROVIDE A MINIMUM SLOPE OF 5% AWAY FROM THE BUILDINGFOR THE ENTIRE SITE.14. NO DRAINAGE ONTO ADJACENT PROPERTIES SHALL BEPERMITTED PROVIDE A MINIMUM OF 0.5% SLOPE FOR THE ENTIRESITE.15. PROPERTY SHALL NOT RETAIN DRAINAGE WATER UNLESSPROVISIONS FOR SUCH ARE INDICATED ON THE DRAWINGS.16. PROVIDE A CHEMICAL TOILET ON SITE PRIOR TO CALLING FORTHE FIRST INSPECTION.17. INSTALL STREET ADDRESS NUMERALS, AT LEAST 4" HIGH WITHMINIMUM 12" STROKE, MOUNTED ON A CONTRASTING BLACKGROUND CLEARLY VISIBLE FROM THE STREET.18. FINISH FLOOR TO BE ABOVE CROWN OF EXISTING STREET.PROVIDE A 2 PER CENT SLOPE AWAY FROM PROPOSED BUILDINGFOR A MINIMUM OF 5 FEET.

DIMENSION NOTES:DO NOT SCALE THESE DRAWINGS, ALL WORK SHALL BE GOVERNED BY THEDIMENSIONS SHOWN ON THE DRAWINGS.ALL DIMENSION ARE TO THE FACE OF THE STUD, UNLESS OTHERWISE NOTED.THE GENERAL CONTRACTOR AND/OR SUBCONTRACTORS SHALL VERIFY ALLDIMENSIONS, SPECIFICATIONS AND MANUFACTURERS INSTALLATIONPROCEDURES PRIOR TO START OF ANY WORK.DIMENSIONS REGARDING FRAMING ARE FROM FACE OF STUD TO FACE OFSTUD.DIMENSIONS NOTED 'CLEAR' ARE FROM FACE OF FINISH TO FACE OF FINISHAND MUST BE PRECISELY MAINTAINED. DIMENSIONS REGARDING FURNITURE,FIXTURES AND/OR EQUIPMENT ARE 'CLEAR' DIMENSIONS.DIMENSIONS NOTED 'V.I.F.' SHALL BE VERIFIED IN THE FIELD BY THE GENERALCONTRACTOR PRIOR TO THE START OF WORK BEING PERFORMED.DIMENSIONS NOTED 'A.F.F.' ARE ABOVE FINISHED FLOOR. IN CARPETEDAREAS, THE TOP OF THE CARPET IS CONSIDERED THE FINISH FLOOR.DIMENSIONS IN THE PLAN PERTAINING TO DOORS AND WINDOWS ARE TO THECENTER OF THE UNIT. ACCOMMODATIONS SHALL BE MADE FOR SHIMMINGNECESSARY TO ENSURE THE UNIT IS SQUARE, LEVEL AND OPERATESPROPERLY.THESE PLANS ARE COPYRIGHTED AND ARE SUBJECT TO COPYRIGHTPROTECTION AS AN 'ARCHITECTURAL WORK' UNDER SECTION 102 OF THECOPYRIGHT ACT.17 U.S.C. AS AMENDED DECEMBER 1, 1990 AND KNOWN ASTHE ARCHITECTURAL WORKS PROTECTION ACT OF 1990.THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTYOF ASSOCIATE DESIGN PROFESSIONALS, ALL DESIGN AND OTHERINFORMATION ON THESE DRAWINGS ARE FOR THE USE ON THIS SPECIFICPROJECT AND SHALL NOT BE USED OTHERWISE WITHOUT WRITTENPERMISSION OF ASSOCIATE DESIGN PROFESSIONALS.WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCEOVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BERESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB ANDASSOCIATE DESIGN PROFESSIONALS SHALL BE NOTIFIED OF ANY VARIATIONSFROM THE DIMENSIONS AND CONDITIONS SHOWN ON THESE DRAWINGS.

ABBREVIATIONS / DEFINITIONS:

EXISTING EXTERIOR WALLEXISTING EXTERIOR WALL TO BE REMOVEDEXISTING INTERIOR WALLEXISTING INTERIOR WALL TO BE REMOVEDCONCRETE WALLCONCRETE WALL TO BE REMOVEDNEW EXTERIOR WALLNEW EXTERIOR WALL - RATEDNEW INTERIOR WALLNEW INTERIOR WALL - RATEDNEW EXTERIOR HALF WALL 00A0000D00W000

SECTION KEYEXTERIOR ELEVATION KEYINTERIOR ELEVATION KEYDETAIL KEYNOTE KEYDOOR KEYWINDOW KEYREVISIONREFERENCE KEY 00A00
0 LEGEND
860 EVANS RD, MILPITAS, CA 95035 - REMODELING & ADDITION VICINITY MAP EXISTINGAREANEW AREA1ST FLOOR LIVING AREANEW DECKTOTAL LIVING AREA1,796 SQFT1,082+290= 1,372 SQFT1,769 SQFTGARAGE690 SQFT 860 EVANS RD, MILPITAS, CA 95035
(E) LIVING TO BECONVERTED TO GARAGE19 SQFT
TOTAL GARAGE AREA709 SQFT
2022 CALIFORNIA RESIDENTIAL CODE2022 CALIFORNIA ADMINISTRATIVE CODE2022 CALIFORNIA GREEN BUILDING STANDARDS CODE2022 CALIFORNIA MECHANICAL CODE2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA ELECTRICAL CODE2022 CALIFORNIA FIRE CODE 2022 INTERNATIONAL PROPERTY MAINTENANCE CODETITLE 24,PART 6, CALIFORNIA ENERGY CODE2023 MILPITAS MUNICIPAL CODE PRIOR TO THE CONSTRUCTION OF THE NEW FOUNDATION,VERIFICATION IS REQUIRED TOSHOW THAT THE NEW FOUNDATION SYSTEM MATCHES THE EXISTING. EXCAVATION ATTHE CORNER OF THE EXISTING BUILDING, OTHER THAN THE CORNER OF GARAGE, TOEXPOSE THE BOTTOM OF THE FOOTING FOR VERIFICATION OF THE TYPE OF THEEXISTING FOUNDATION SYSTEM BY THE FIELD INSPECTOR IS REQUIRED AT FIRSTINSPECTIONNOTE FLOOR AREACOVERED PATIO185 SQFTPROPOSED ADDITION27 SQFT CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 TITLE SHEETA0

(N)PLOT PLANSCALE: 1/16"=1'02040(IN FEET)80
EXISTING1-STORYHOUSE(E)FOOTPRINT = 2,505 S.F.16
3 2
40 40' EASEMENTPL 154.61'
PL 119.71'
PL 329.60'
PL 255.98'20'
127'-2"123'-4"
71'-3"
40'
(E) CONC.DRIVEWAY
(E) CONC.
(E) DECKTO BE REMOVED(E)NATURAL GRADE
(E)NATURAL GRADE
NOTE1. THE SURFACE DRAINAGE SHALL SLOPE AWAY FROM FOUNDATION A MINIMUM OF 5% FOR A DISTANCE OF 10 FEET AND SHALL NOT DRAIN TOWARDS NEIGHBORINGPROPERTIES PER CBC SEC. CRC SEC. R401.3. 40'-6"58'-10"
5'-1"
68'26'
(N)COVEREDDECK1,082 S.F.
(E)SUNROOMTO BECONVERTEDTO DECK290 S.F.
10'-11"
(E)PLOT PLANSCALE: 1/16"=1'02040(IN FEET)80
EXISTING1-STORYHOUSEFOOTPRINT = 2,795 S.F.16
3 2
40 40' EASEMENTPL 154.61'
PL 119.71'
PL 329.60'
PL 255.98'
40'
(E) CONC.DRIVEWAY
(E) DECK(E) CONC.
(E)NATURAL GRADE
(E)NATURAL GRADE
71'-3"82'-2"
123'-4"
20'11'12'-8"
58'-10"26'40'-6"68'
CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 PLOT PLANA1

EXISTING ROOF PLANSCALE : 3/16" = 1'SCALE : 3/16" = 1'
27'-9"24'-8"15'-4"27'-9"
12'-7"11'9'-2"5'-2"
15'-5"17'-9"
11'-3"3'-3"28'-8"
10'-10"7'-1"
2'-2"
8'-5"13'-2"
REFREF
GARAGE690 SQ.FT.

KITCHEN TO BERELOCATEDBEDROOM TO BEREMODELEDBATH TO BEREMODELEDCL.CL.

CL.CL.CL.

CL.

M.BATH TO BEREMODELED

LIVING / DINING ROOM
CL.CL.

CL.

DECK TO BE REMOVED833 SQ.FT.

ENTRYHALLWAYW.I.PDW SL 9040
SL 4030TO BE REMOVED10'-3"SL 3016TO BE REMOVED
SL 8040
4XSL 6040TO BE REMOVED
SL 3040TO BE REMOVEDSL 3040TO BE REMOVED
SL 9040
SL 2020
WHFUR
5'-4"
SL 4030TO BE REMOVED
3:123:12 3:123:123:12
1:12
LIVING AREA=1,815 SQ.FT.

FF +0'2"
FF +1'0" FF +0'6"
FF +1'10"DSL 8068TO BE REMOVED FF +1'4"
EXISTING & DEMO. FLOOR PLAN
DOORTO BE REMOVED(TYP.)
DOORTO BE REMOVED(TYP.)
KITCHEN COUNTERTO BE REMOVEDWALL TO BEREMOVED(TYP.)
WALL TO BEREMOVED(TYP.)
WALL TO BEREMOVED(TYP.)
SL 4030TO BE REMOVED

BEDROOM TO BEREMODELED
M.BEDROOM TOBE REMODELED
10'-4"26'-9"
10'-10"
7'-6"3'-3"2'3'-2"12'-7"
3'-2"1'-10"3'5'-4"5'
6'-8"2'-6"
14'-10"12'-7"
28'-6"
41' 29'-4"
10'-2"18'-3"
18'-7"
27'-11"
6'-9"6'9'-7"2'-6"
2'-10"13' 9'-11"2'
EXISTING WALL TO BE REMOVEDLEGEND:EXISTING WALL TO BE REMAIN (E)SUNROOM TO BECONVERTED TOCOVERED DECK290 S.F.

CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 EXISTINGFLOOR PLANA2

NEW WALLLEGEND:PROPOSED FLOOR PLANSCALE : 3/16" = 1'
27'-9"24'-2"
27'-9"
9'-1"11'9'-2"5'-2"
15'-5"17'-9"
18'-4"
REF
(E)GARAGE690 SQ.FT.
(E)BEDROOM
(E)BEDROOM
(E)M.BEDROOM
(E)BATH(E)CL.

REMODELED(E)M.BATH
(N)DINING
CL.

CL.
(N)SL 5039(N)SL 5039
(N)SL 71150
(E)LIVING AREA=1,769 SQ.FT.
15'DW(N)LAUNDRY
(N)LIVING
(N)FAMILY
12'-7"
34'-4"(E)8FT CEILING
BA7
EXISTING WALL(E) EXISTING(N) NEWSL 4030SLIDING 4'-0" X 3'-0"UP3-STEPSRISE=6.67"RUN=12" (E)CL.
2'
UP(N)D 3068 (N)D 3068
GRADE ±0'
(N)FF +1'10"GRADE ±0'
(N)D 2468
4'-1"
(N)WH
1/2" (12.7 mm) TYPE X GYPSUMWALLBOARD ON GARAGE SIDETABLE R302.61 3/8" SOLID CORE,TIGHT-FITTING,SELF-CLOSING DOOR& SELF-LATCHING.2" STEPDOWN FF +0'2"
FF +1'10"
FF +1'8"
3'
3-STEPSRISE=6.67"RUN=12"
3-STEPSRISE=6.67"RUN=10"
(N)CABINET(N)DSL 5068TEMP.GL.
(N)D 2668
(N)PROPOSEDADDITION27 S.F.(N)LANDING4' FF +1'8"
18'-7"
18'-3"10'-2"
9'-4"9'-2"5'-4"11'-6"3'4'-10"9'-6"
17'-9"7'-6"
3'-2"9'-5"9'-1"5'-6"11'-6"3'-2"
27'-9"(N)D 30685'4'-10"
(N)D 2668(N)D 2468
(N)D 2868 20'-9"
5'-4"
(N)COVERED DECK1,082 S.F.
(N)F 2670TEMP.GL.CL.PQKUG UQWPFDCTTKGT YCNNUHQT DGFTQQOU

PQKUG UQWPFDCTTKGT YCNNUHQT DGFTQQOU
2VANIT;GLASS BLOC-WALL WIT*CASEMENTWINDOW 115'-8"1'-6"(N)SL 5040 3-STEPSRISE=6.67"RUN=12"
(N)C 1840
(N)C 1840DWREF
(N)GARAGE DR 10068(N)GARAGE DR 10068
(N)FRENCHDR. 5070(N)F 2670TEMP.GL.(N)FRENCHDR. 60705'
HALF WALL3'-6"4'3'-6"2'-6"
8' -HCABINET8' -HCABINET2'
91'-7"
15'
TOTAL FOOTPRINT = 3,802 S.F.
(E)SUNROOM TO BECONVERTED TOCOVERED DECK290 S.F.Œ0 FF +1'8" PROPOSED ROOF PLANSCALE : 3/16" = 1'
3:123:12 3:123:123:12(E)ROOF(N)FLAT ROOFwith min 1/4" : 12" slope (E) LIVING TO BECONVERTED TOGARAGE19 S.F
(N)18X24CRAWLSPACEACCESSAA7
(N)PROPOSED ADDITION=1,007+27=1,034 S.F(E) LIVING TO BE CONVERTED TO GARAGE=19 S.F 3'-9"
Œ0
(N)FLAT ROOFwith min 1/4" : 12" slope
2" STEPDOWN
2" STEPDOWN
2" STEPDOWN
28'-9"
(N)COVERED PATIO185 SQ.FT.
(N)F 2670TEMP.GL.
(N) 20"x20"FIXEDSKYLIGHT(E)SOLARTUBE(E)SKYLIGHT(TYP.)
5'7'-11"5'(N)F 2670TEMP.GL.5'-9"5'-9"
(E)SKYLIGHT(TYP.)
(N)10"SOLARTUBEWITH LIGHT(TYP.)
(E) SOLATUBE50 CFMSWITCH ON/OFF(N)IAQ
GARAGEEXHAUST FAN50 CFM
(N)10"SOLARTUBE(TYP.)
(N)10"SOLARTUBE(TYP.)
(N) barn door 2668
(N)KITCHEN
10'-8"18'-10"
10'-5"10'-2"10'-2"10'-2"10'-2"10'-2"10'-2"10'-2"9'-11"42"H DWARF WALL(TYP.) 42"H DWARF WALL(TYP.) 42"H DWARF WALL(TYP.)

LIGHT WEIGHT WATER PROOFINSTALLED PER MANUFACTUREINSTRUCTION 15'1'-6"1'-6"2'15'
5'
FLOOR PLAN NOTES:1. 6'-8" HEADER HEIGHTS (UNLESS NOTED OTHERWISE) .2. ALL ANGLES TO BE 45 DEG. UNLESS NOTED OTHERWISE.3. 2x6 STUDS AT ALL EXTERIOR WALLS AT ADDITION.4. VERIFY ALL EXTERIOR AND INTERIOR TRIM & DETAILS WITH OWNER.5. WALL STUDS @ FIRST FLOOR PER STRUCTURAL DRAWINGS.6. WALLS AND CEILINGS SHALL BE 12" ASTM 36 GYPSUM WALLBOARD FOR STUDS @ 16"o.c. AND 58" GYPSUMWALLBOARD FOR STUDS @ 24"o.c.7. REFER TO INTERIOR ELEVATIONS FOR ADDITIONAL FURRING AND FRAMING INFORMATION.8. INTERIOR DOORS SHALL BE 138" SOLID CORE.9. EXTERIOR DOORS SHALL BE 134" SOLID CORE REFER TO EXTERIOR ELEVATIONS.10. ALL BEDROOM WINDOWS TO BE MAX. 44" ABOVE FINISH FLOOR WITH A MINIMUM 24" HIGH AND 20" WIDEOPENING WHICH PROVIDES A MIN. OF 5.7 SQ. FT. NET CLEAR OPENING.11 EMERGENCY EGRESS FROM SLEEPING ROOMS, MIN 24" CLEAR HEIGHT, 20" CLEAR WIDTH, 5.7 S.Q FT. MINAREA. TOP OF SILL HEIGHT DIMENSION TO BE 44" MAX A.F.F. AND EGREES WINDOWS FOR BEDROOMSSHOULD BE OPENABLE.12. PROVIDE A COMBO CARBON MONOXIDE & SMOKE DETECTOR IN EACH EXISTING SLEEPING AREA AND AT ACENTRAL POINT IN HALLWAY HARD WIRE & BATTERY OPERATED13. SHOWERS AND TUB/SHOWER WALLS TO BE A SMOOTH HARD NONABSORBENT SURFACE (E.G., CERAMIC TILE)OVER A MOISTURE RESISTANT UNDERLAYMENT ( E.G., W.R. GYP. BD., CEMENT BOARD, ETC.) TO A MINIMUMHEIGT OF 72 INCHES ABOVE THE DRAIN INLET PER SEC. 807.1.3 OF 2013 CBC.14. PER R308.4.1 GLAZING IN DOORS. GLAZING IN ALL FIXED AND OPERABLE PANELS OF SWINGING. SLIDING ANDBIFOLD DOORS SHALL BE CONSIDERATED TO BE HAZARDOUS LOCATION. EXEPTION 1. GLAZED OPENINGS OFSIZE THROUGH WHICH A 3-IN DIAMETER SPHERE IS UNABLE TO PASS. 2. DECORATING GLAZING15. PER R308.4.5, GLAZING IN WALLS, ENCLOSURES OR FENCES CONTAINING OR FACING HOT TUB, SPAS,WHIRLPOOLS, SAUNAS, STEAM ROOMS, BATHTUB, SHOWERS, AND INDOOR OR OUTDOOR SWIMMING POOLSWHERE THE BOTTOM EXPOSED EDGE OF THE GLAZING IS LESS THAN 60 INCHES MEASURED VERTICALLY ABOVEANY STANDING OR WALKING SURFACE SHALL BE CONSIDERED HAZARDOUS LOCATION. THIS SHALL APPLY TOSINGLE GLAZING AND ALL PANES IN MULTIPLE GLAZING . EXCEPTION GLAZING THAT IS MORE THAN 60"MEASURED HORIZONTALLY AND IN STRAIGHT LINE, FROM THE WATER'S EDGE OF A BATHTUB, HOT TUB, SPA, ORSWIMMING POOL.16. REQUIRED SEPARATION BETWEEN THE DWELLING AND GARAGE PER CRC R302.6 AND GARAGE DOOR INCOMPLIANCE WITH CRC R302.5 (FOR WALLS, CEILING AND DOOR). NOTE - 5/8” DRYWALL IS REQUIRED ONGARAGE CEILING WHEN THERE IS HABITABLE SPACE ABOVEBATHROOM NOTES:1.SHOWER AND TUB/SHOWER COMBINATION IN ALL BUILDINGS SHALL BE PROVIDED WITH INDIVIDUALCONTROL VALVES OF THE PRESSURE BALANCE OR THE THERMOSTATIC MIXING VALVE TYPE.2.BATH TUB: MAXIMUM HOT WATER TEMP DISCHARGING FROM THE BATHTUB AND WHIRLPOOL BATHTUBFILLER SHALL BE LIMITED TO 120 DEG F.3.ULTRA LOW FLUSH TOILET (1.28 GALLONS/FLUSH) AT ALL NEW BATHROOMS (CPC 2022 SECTION 411.2)4.FINISH BACKING MATERIAL AND WATERPROOFED MATERIAL AT SHOWER/BATHTUB WALL SHALL BECEMENTITOUS MATERIAL OR GUPSUM BOARD APPROVED FOR THIS INSTALLATION. WATER RESISTANTGYPSUM BOARD UNDER GLUE-ON TILE IS NOT ALLOWED.5.SHOWER: A) THE SHOWER DOOR SIZE TO HAVE A NET OPENING OF AT LEAST 22-INCHES AND TO SWING OUT (R307).B) SHOWERS MUST HAVE WATERPROOF WALL FINISH UP AT LEAST 6' ABOVE THE FLOOR. [CRC 2022SECTION R307.2]C) GLASS SHOWER AND TUB ENCLOSURE MUST BE SAFETY GLAZING.[CRC 2022 SECTION R308.4.5]D) SHOWERHEADS SHALL HAVE A MAX. FLOW RATE OF NOT MORE THAN 1.8 GPM AT 80 PSI (CPC 2022SECTION 408.2). SHOWERHEADS SHALL BE CERTIFIED TO THE PERFORMANCE CRITERIA OF THE U.S. EPAWATERSENSE SPECIFICATION FOR SHOWERHEADS.6.THE MAX FLOW RATE OF RESIDENTIAL LAVATORY FAUCETS SHALL NOT EXCEED 1.2 GPM AT 60 PSI. THE MIN.FLOW RATE OF RESIDENTIAL LAVATORY FAUCETS SHALL NOT BE LESS THAN 0.8 GPM AT 20 PSI (CPC 2022SECTION407.2.2)7.THE MAX. FLOW RATE OF KITCHEN FAUCETS SHALL NOT EXCEED 1.8 GPM AT 60 PSI.(CPC 2022 SECTION420.2.1) CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 PROPOSEDFLOOR & ROOFPLANA3

DECKGARAGEM.BEDROOMM.BATHLIVING / DINING ROOMSTUCCO
COMP. SHINGLE ROOF123
DECK +0'6" FF +1'10"
TOP OF ROOF +13'11"FC +9'10"
GRADE ±0'
8'4'-1"12'-1" FF +1'4"4XSL 6040
(E) LEFT ELEVATIONSCALE : 1/4" = 1' FF +1'10"(E)GUARDRAILSL 9040 SL 8040SL 2020 GARAGESUNROOMDECKSTUCCOWOOD SIDINGCOMP. SHINGLE ROOF123121 FF +0'2"SL 3040 SL 3040
(E) FRONT ELEVATIONSCALE : 1/4" = 1'GRADE ±0'GUARDRAILDECK +0'6" FF +1'10" TOP OF ROOF +13'11"FC +9'10"6"1'-4"8'4'-1"13'-11"

STUCCO STUCCO
COMP. SHINGLE ROOF123
SL 4030SL 4030SL 3016SL 9040GARAGEBEDROOMBEDROOMBATHLIVING / DINING ROOMENTRYCL.(E) RIGHT ELEVATIONSCALE : 1/4" = 1' FF +0'2" FF +1'10" TOP OF ROOF +13'11"FC +9'10"8'4'-1"12'-1" FF +1'10"

STUCCOSTUCCO
COMP. SHINGLE ROOF123 121
M.BEDROOMSUNROOMBEDROOM(E) REAR ELEVATIONSCALE : 1/4" = 1' 8'4'-1"12'-1" FF +1'10"
TOP OF ROOF +13'11"FC +9'10"
FF +1'4"
CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 EXISTINGELEVATIONSA4

(E)COMP. SHINGLE ROOF123
FF +1'10"
TOP OF ROOF +13'11"FC +9'10"
GRADE ±0'
8'4'-1"12'-1"
(N) LEFT ELEVATIONSCALE : 1/4" = 1'
(N)FLAT ROOFwith min 1/4" : 12" slope
(N)COVERED DECK
42"H DWARF WALL(TYP.)
3'-6"(N)COVERED DECK(E)M.BEDROOMREMODELED(E)M.BATH (N)FAMILY (N)DINING(E)GARAGE(N)STUCCOTO MATCHEXISTING INSTALL WEEP SCREED BELOWTHE FOUNDATION PLATE LINE PERCRC 703.6.2.1WEEP SCREED SHALL BE MIN. 2"ABOVE PAVED AREAS OR 4"ABOVE EARTH (TYP.)-7/8" THICK MIN. (3 COAT STUCCO) O/METAL LATH-2 LAYERS OF GRADE "D" PAPER OREQUIVALENT WATER-RESISTIVE BARRIERPER CRC R703.7.3.1, WITH EXTERIORDRAINAGE HAVING NOT LESS THAN 90%EFFICIENCY, MEASURED ACCORDING TOASTM E2273 OR ANNEX A2 OF ASTME2925.OR EQ.-1/2" OSB OR CDX PLYWOOD W/ 8d NAILS 6"@ EDGES AND 12" @ FIELD-2X6 STUDS @ 16" O.C.-R- 21 BATT INSULATION-1/2" SHEETROCK (TYP.)(SEE DETAIL #1) (N DECK FF +1'8"
GARAGESTUCCO(E)COMP. SHINGLE ROOF123
FF +0'2"(N) FRONT ELEVATIONSCALE : 1/4" = 1'GRADE ±0' FF +1'10" TOP OF ROOF +13'11"FC +9'10"8'4'-1"13'-11"1'-10"
(N)FLAT ROOFwith min 1/4" : 12" slope(N)F 1630(N)COVERED DECK3'-6"42"H DWARF WALL(TYP.)(N)COVERED DECK(N DECK FF +1'8"(N)STUCCOTO MATCHEXISTING STUCCOSTUCCO (E)COMP. SHINGLE ROOF123
(E)M.BEDROOM(E)BEDROOM(N) REAR ELEVATIONSCALE : 1/4" = 1' 8'4'-1"12'-1" FF +1'10"
TOP OF ROOF +13'11"FC +9'10"(N)F 1630
(N)FLAT ROOFwith min 1/4" : 12" slope(N)FLAT ROOFwith min 1/4" : 12" slope (N)COVERED DECK(N DECK FF +1'8"
(N)COVERED DECK(N)STUCCOTO MATCHEXISTING

STUCCO STUCCO
(E)COMP. SHINGLE ROOF123
(E)GARAGEENTRY(N) RIGHT ELEVATIONSCALE : 1/4" = 1' FF +0'2" FF +1'10" TOP OF ROOF +13'11"FC +9'10"8'4'-1"12'-1" FF +1'10"GLASS BLOC-S(N)DC 5040(N)F 1640(N)F 1640 (E)BEDROOM(E)BEDROOM(N)SL 5039(N)SL 5039 (N)KITCHEN 1'-8"
(N)FLAT ROOFwith min 1/4" : 12" slope
3' CASEMENTWINDOW 11
R703.7.3.1 OPTION 1:THE WRB SHALL BE TWO LAYERS OF 10-MINUTE GRADE DPAPER OR HAVE A WATER RESISTANCE EQUAL TO ORGREATER THAN TWO LAYERS OF A WRB COMPLYING WITHASTM E2556, TYPE 1. THE LAYERS SHALL BE INSTALLEDPROVIDES A CONTINUOUS DRAINAGE PLANE.1. STUCCO: WATER RESISTIVE BARRIERS R703.7.3.1DRY CLIMATESZONE "B" PER FIGURE N1101.7R703.7.3.2MOIST AND MARINE CLIMATESZONE "A" & "C" PER FIGURE N1101.7 DRAINAGE SPACE ORMATERIAL 3/16" MIN.R703.7.3.2 OPTION 1:IN ADDITION TO COMPLYING WITHR703.7.3.1 OPTION 1 FOR WRBREQUIREMENTS IN DRY CLIMATE,A DRAINAGE MATERIAL OR SPACE3/16" MIN. IS REQUIRED ON THEEXTERIOR SIDE OF THE WRB.WRB = WATER RESISTIVE BARRIERSCHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 PROPOSEDELEVATIONSA5

(E)GARAGE690 SQ.FT.
(E)BEDROOM
(E)BEDROOM
(E)M.BEDROOM
(E)BATH(E)CL.

REMODELED(E)M.BATH
(N)DINING
CL.

CL.
(N)SL 5039(N)SL 5039
(E)LIVING AREA=1,769 SQ.FT.

DW(N)LAUNDRY
(N)LIVING
(N)FAMILY
(E)CL.

GRADE ±0'
(N)FF +1'10"GRADE ±0'
(N)WH
FF +0'2"
FF +1'10"
FF +1'8"
FF +1'8"
(N)COVERED DECK1,082 S.F.

CL.
(E)SUNROOM TO BECONVERTED TOCOVERED DECK290 S.F. FF +1'8" PROPOSED ELECTRICAL PLANSCALE : 3/16" = 1'HE HE HE
33333
HE
HE
HE
HE HE

HE HE HE
240-V 50 AMP
3 3
33 HEW.P
HEW.P
3 3 DD
33 3
3 333DD33
D3
D
D3HE HE HE HE

HE HE GFCIGFCI

GFCIGFCIGFCIGFCIGFCI

GFCIGFCI

GFCIGFCIGFCIGFCIGFCI

GFCIGFCI

GFCIGFCIGFCISDSD
SD
SDCO
SDCO 125V-20 AMP
50 CFMSWITCH ON/OFF
50 CFMSWITCH ON/OFF
70% CE OR 180 CFMSWITCH ON/OFF8" FLEX VENT TO ROOF

GFCIWP&WR

GFCIWP&WR

GFCIWP&WR
W/ OCC.SENSORW/ OCC.SENSOR
W/ OCC.SENSORW/ OCC.SENSORW/ OCC.SENSOR
W/ OCC.SENSOR
W/ OCC.SENSOR
333

WP&WRWP&WR
WP&WR
WP&WR
WP&WR
WP&WR
WP&WR
(N)COVERED PATIO185 SQ.FT.
50 CFMSWITCH ON/OFF(N)IAQ
GARAGEEXHAUST FAN50 CFM

GFCI (N)KITCHEN
WP&WR
WP&WR

LIGHT WEIGHT WATER PROOFINSTALLED PER MANUFACTUREINSTRUCTION HE W/ OCC.SENSORHE W/ OCC.SENSORHE W/ OCC.SENSORHE W/ OCC.SENSOR WP&WR
ELECTRICAL NOTES:1.ALL RECEPTACLES TO BE INSTALLED MINIMUM PER CEC EVEN IF NOT SHOWN (C.E.C 210-52)2.INSTALL DEDICATED 20-AMP CIRCUIT AT BATHROOM RECEPTACLES (C.E.C 210.52D)3.PROVIDE STEEL ELECTRICAL BOX IN FIRE-RESISTIVE CEILING AND WALL SEPARATE ELECTRICALBOXES BACK TO BACK IN FIRE RESISTIVE WALLS BY A MIN 24" HORIZONTALLY BOX AREA SHALLNOT EXCEED 16 SQ IN. AS PER U.B.S 709.74.PROVIDE CONDUCTOR WIRES WITH AN INSULATES NEUTRAL AND A FOURFRONG OUTLETS FORDRYER AND RANGE5.PROVIDE ARC-FAULT CIRCUIT INTERRUPTER PROTECTION FOR ALL 125-VOLT, SINGLE PHASE, 15AND 20 AMP RECEPTACLE IN ALL HABITABLE ROOMS (EXCEPT GARAGE) . PER CEC 210.12.6.PROVIDE HARD-WIRED INTERCONNECTED SMOKE DETECTORS EQUIPPED WITH BATTERY BACKUP.7.RECEPTACLE OUTLETS SHALL BE INSTALLED IN ALL HABITABLE ROOMS: (A) ON ALL WALLSPACES 2FT OR WIDER (B) NOT MORE THAN 6FT FROM OPENING AND (C) NOT MORE THAN 12 FTON CENTERS8.RECEPTACLE OUTLETS SHALL BE INSTALLED IN KITCHENS: (A) ON COUNTER SPACES 12 INCHESOR WIDER (B) NOT MORE THAN 4FT ON CENTERS, (C) NOT MORE THAN 2FT FROM AN EDGECOUNTER AND (D) ON ISLAND/PENINSULAR COUNTERTOP 12" OR WIDER (1 VERY 4')9.ALL 125 VOLT, SINGLE-PHASE RECEPTACLE OUTLETS SHALL HAVE GROUND-FAULT CIRCUITPROTECTION AT THE FOLLOWING LOCATIONS: (A) BATHROOM, ADJACENT TO BASIN, (B) GARAGE,(C) OUTSIDE AND (D) ALL KITCHEN OUTLETS.10.PROVIDE RECEPTACLE OUTLET IN DWELLING UNIT HALLWAYS 10'-0" OR MORE IN LENGTH.11.EXTERIOR LIGHTING TO BE PROVIDED WITH MOTION AND PHOTO SENSORS.12.FOR ALL RECEPTACLES, SWITCHES, DISCONNECTS AND SIMILAR DEVICES, MEASURE FROM THEFINISHED FLOOR: MINIMUM HEIGHT: 15 INCHES FROM FLOOR TO THE BOTTOM OF THE OUTLET BOX MAXIMUM HEIGHT: 48 INCHES FROM FLOOR TO THE TOP OF THE OUTLET BOX. IF THE REACH ISOVER AN OBSTRUCTION, SUCH AS A KITCHEN BASE CABINET WITH A DEPTH OF 20 TO 25INCHES, THE MAXIMUM HEIGHT IS REDUCED TO 44 INCHE FOR FORWARD APPROACH AND 46INCHES FOR SIDE APPROACH.13.GFCI PROTECTION MUST BE INSTALLED IN A READILY ACCESSIBLE LOCATION IN THE FOLLOWINGAREAS: KITCHENS, BATHROOMS, INDOOR WET LOCATIONS, LOCKER ROOMS WITH SHOWERS,OUTDOOR AREAS, GARAGES, ROOFTOPS, AND WITHIN 6 FEET OF THE OUTSIDE EDGE OF ANYSINK.14.EXTERIOR RECEPTACLES, ELECTRICAL DEVICES AND THEIR COVER PLATES MUST BE SUITABLEFOR THE ENVIRONMENT IN WHICH THEY ARE INSTALLED. WHEN EXPOSED TO RAIN OR WATERCONDITIONS, ELECTRICAL DEVICES MUST BE LISTED FOR “WET-LOCATION.”15.SWITCHES SERVING LIGHT FIXTURES REQUIRE A NEUTRAL CONDUCTOR TO BE BROUGHT THEOUTLET BOX.16.RECESSED DOWNLIGHTS LUMINAIRES IN CEILINGS SHALL:·BE LISTED IC FOR ZERO CLEARANCE; AND·AIRTIGHT WITH AIR LEAKAGE LESS THAN 2.0 CFM AT 75 PASCALS; AND·BE SEALED WITH A GASKET OR CAULK BETWEEN LUMINAIRE HOUSING AND CEILING; AND·BE READILY ACCESSIBLE FOR MAINTENANCE IF ASSOCIATED WITH HARDWIRED BALLASTS ORDRIVES; AND·NOT CONTAIN SCREW BASE SOCKETS; AND·CONTAIN LIGHT SOURCES THAT COMPLY WITH REFERENCE JOINT APPENDIX J8 AND AREMARKED “JA8-2016-E”; AND·BE CONTROLLED BY DIMMERS OR VACANCY SENSORS17.AT LEAST ONE LUMINAIRE IN BATHROOMS, GARAGES, LAUNDRY ROOMS, AND UTILITY ROOMSSHALL BE CONTROLLED BY VACANCY SENSOR18.AT LEAST ONE LUMINAIRE IN BATHROOM SHALL BE CONTROLLED BY VACANCY SENSOR.19.OUTDOOR LIGHTING SHALL BE CONTROLLED BY:·MANUAL ON/OFF SWITCH; AND·CONTROLLED BY PHOTOCELL AND MOTION SENSOR OR PHOTO CONTROL TIME SWITCHCONTROL/ASTRONOMICAL TIME CLOCK/ENERGY MANAGEMENT CONTROLS SYSTEM20.A DEDICATED 20-AMP BRANCH CIRCUIT SHALL BE PROVIDED TO SUPPLY THE LAUNDRYRECEPTACLE OUTLET. CEC 210.11(C)(2) AND 210.52(F)21.ALL NEW 125 VOLT, 15 AND 20 AMPERE RECEPTACLE OUTLETS SHALL BE TAMPER RESISTANTRECEPTACLES (2016 CEC 406.12).22.EACH BATHROOM SHALL BE MECHANICALLY VENTILATED WITH AN "ENERGY STAR" EXHAUST FAN,AND MUST BE CONTROLLED BY A HUMIDITY CONTROL. EXHAUST FANS SHALL BE RATED 50 CFMMINIMUM (CRC R303.3.1).23.THE EXHAUST FANS SHALL BE CONTROLLED SEPARATELY FROM LIGHTING SYSTEM PER CENCSEC.150.0(K) 2B.24.IF A NEW GAS COOKTOP OR GAS STAND-ALONE OVEN IS INSTALLED, THEN IT TRIGGERS A DEDICATED208/240-VOLT, 50 AMP OR GREATER ELECTRICAL RECEPTACLE THAT IS CONNECTED TO THE ELECTRICPANEL WITH CONDUCTORS OF ADEQUATE CAPACITY, WITHIN 3 FEET OF THE APPLIANCE ANDACCESSIBLE WITH NO OBSTRUCTIONS. A RESERVED DOUBLE POLE CIRCUIT BREAKER SPACE IN THEELECTRICAL PANEL ADJACENT TO THE BRANCH CIRCUIT LABELLED FOR FUTURE APPLIANCE ANDELECTRICALLY ISOLATED. PER MMC II-11-2.09ELECTRICAL LEGENDH.E FLUORESCENT LIGHTING FIXTURE 5" RECESSED LIGHTING FIXTURE - CEILING MOUNTEDOUTDOOR LIGHTING FIXTURE, WALL MOUNTED, SINGLE POLE TOGGLE SWITCH, +48", 8" ABOVE COUNTERDIMMER SWITCH, +48"INDECATED DEVICE/ RECEPTACLE HAS GFCI PROTECTIONGFCIABBREVIATION FOR " WATERFROOF"W.PEXHAUSTED FAN W/ FLUORESCENT HIGH EFFICIACY LIGHTING COMBO SWICTH SEPERATELY WATERPROOFD HEW.P110V DUPLEX RECEPTACLE U.O.N., 15" ABOVE FLOOR, U.O.N.110V DUPLEX RECEPTACLE U.O.N., 12" ABOVE COUNTER U.O.N.SINGLE MULTI-FUNCTION CONTROL SWITCH, 48" ABOVE FLOOR220V RECEPTACLE 220V HIGH EFFICIACY HE LIGHTING FIXTURE, WALL MOUNTED, +84 U.O.N

BATTERY CARBON & MONOXIDE SMOKE ALARMS, CEILING MOUNTEDSDCOOCCUPANCY SENSOR +84 U.O.N W/ SENSOR
O.S OCCUPANCY SENSOR WITH MANUAL-ON AND AUTOMATIC-OFF FUNCTIONALITY.WALL HEATERRESIDENTIAL INDOOR AIR QUALITY AND MECHANICAL VENTILATIONASHRAE STANDARD 62.2 EQUATION 4.1(A):THE WHOLE-BUILDING EXHAUST FAN SHALL PROVIDE A MINIMUM VENTILATION RATE ACCORDINGTO EQUATION 4.1(A) BELOW:QFAN = 0.01AFLOOR + 7.5(NBR + 1)WHERE:QFAN = FAN FLOW RATE, (CFM)AFLOOR = CONDITIONED FLOOR AREA (EXISTING HOME AND THE ADDITION), FT2NBR = NUMBER OF BEDROOMS (EXISTING HOME AND THE ADDITION); NOT TO BE LESS THAN ONEHERE IS AN 1,823 FT2 HOUSE WITH 3 BEDROOMS----> Qfan = 0.01(1,823) + 7.5(3 + 1)Qfan = 18.23 + 7.5(4)Qfan = 48.23 cfm-----> EXHAUST FAN : BreezSmart GBR50 - 50 CFM (50 CFM) SHALL OPERATE CONTINUOUSLY.SOUND RATING AND CONTINUOUS OPERATIONTHE WHOLE-BUILDING VENTILATION EXHAUST FAN WILL OPERATE CONTINUOUSLY, AND ISREQUIRED TO BE RATED FOR SOUND AT A MAXIMUM OF 1 SONE. THIS EXHAUST FAN CAN BECONTROLLED BY A STANDARD ON/OFF SWITCH, BUT THE SWITCH MUST BE LABELED TO INFORMTHE OCCUPANT THAT THE EXHAUST FAN IS THE WHOLE‐BUILDING VENTILATION EXHAUST FANAND IS INTENDED TO OPERATE CONTINUOUSLY. NO SPECIFIC WORDING IS MANDATED, BUT THEWORDING NEEDS TO MAKE CLEAR WHAT THE CONTROL IS FOR AND THE IMPORTANCE OFOPERATING THE SYSTEM. THIS MAY BE AS SIMPLE AS “VENTILATION CONTROL” OR MIGHT INCLUDEWORDING SUCH AS: “OPERATE WHEN THE HOUSE IS IN USE” OR “KEEP ON EXCEPT WHEN GONEOVER 7 DAYS” OR “FAN IS TO BE LEFT ON TO ENSURE INDOOR AIR QUALITY.”CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 PROPOSEDELECTRICAL PLANA6

(E)COMP. SHINGLE ROOF123(N)FLAT ROOFwith min 1/4" : 12" slope (N)COVERED DECK(N) CRAWL-SPACESECTION A-ASCALE : 1/4" = 1'GRADE ±0' FF +1'10" TOP OF ROOF +13'11"FC +9'10"8'4'-1"13'-11"1'-10" FF +1'10"(N)COVERED DECK(N)COVERED DECK 3'-6"
3'-6"(N DECK FF +1'8"
(E) R.R.(E) C.J.(E) CEILING (N)DINING (N)KITCHEN(N) COVERED DECK(N)COVERED DECK GRADE ±0' FF +1'10"
TOP OF ROOF +13'11"FC +9'10"8'-2"4'-1"13'-11"1'-8" SECTION B-BSCALE : 1/4" = 1' (N)FLAT ROOFwith min 1/4" : 12" slope(E)COMP. SHINGLE ROOF123 (N) CRAWL-SPACE3'-6"(N DECK FF +1'8" FF +1'10"
12"3037 1/2"19112 1/2"317
11"OPENING27912 7/8"3261/2"13
2 5/8"6712 1/2"OPENING318AB
C

LIGHT TRACKERREFLECTOR
TOP TUBE ANGLEADAPTER 0-30ROOF RAFTEREXPANSION JOINTSEALBOTTOM TUBE ANGLEADAPTER 0-30TUBE SCREWCEILING JOISTCEILING

FLASHING

EXTENSION TUBE
NOTES:1. STRUCTURAL ELEMENTS (PLYWOOD, RAFTERS, DRYWALL ETC.BY OTHERS & SHOWN FOR REFERENCE ONLY.2. ALL TUBE JOINTS & SEAMS TAPED WITH 2" FOIL TAPE (NOT SHOWN).3. DIMENSIONS IN BRACKETS ARE METRIC UNLESS OTHERWISE SPECIFIED.4. 6" MIN CLEARANCE SHOULD BE MAINTAINED FROM ALL SOLATUBECOMPONENTS AND OTHER PLENUM COMPONENTS.

DETAIL ASCALE 3 : 1DOME EDGE PROTECTIONBAND (OPTIONAL)FASTENERDOME RINGSHOCK INNER DOME(OPTIONAL)DOME

TUBE CLIPSPACERDOME RING SEAL
DETAIL BSCALE 3 : 1

SEALANTROOFINGMATERIALFASTENER
DETAIL CSCALE 3 : 1

FASTENERCLAMPCEILINGDRESS RINGDIFFUSER

EFFECT LENSCEILING RING
FROSTED SHADEWARM/WARM SOFTENINGEFFET LENS (OPTIONAL)22"558 22"5587"TYP.178

TOP VIEW
SOLATUBE 160 DS(10 IN / 250 MM)PITCHED SELF-FLASHINGHARD CEILING W/FROSTED SHADE FULL SECTIONSCALE 1:1
REVISIONSREVECODATEREVISEDCHECKEDAPPROVEDA10/4/2010
CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035 PROPOSED SECTIONSDETAILSA7

CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035

CALGREEN BUILDINGCHECKLISTCG

VN/AN/AN/AN/AN/AN/AVVV
VVVVVV
VV
N/A
VV
N/A
N/A

N/A VN/AN/A

VVVVVVVVVVVVVV
VVV
N/AN/A

CHECKDRAWNJOB NO.SHEET

REVISIONS
1ST BUILDINGSUBMITTALPROGRESS SET09-07-2024
MKHN
HIEN T. KIM NGUYENProfessional Eng. Corp.15 Duberstein DriveSan Ramon, CA 94583 [email protected] EVANS RDMILPITAS, CA 95035

BLUEPRINT FOR ACLEAN BAYCB

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider Approval of Hall Park Court Priority Use and Program Plan (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408- 586-3409)
Category: Community Services and Sustainable Infrastructure Meeting Date: 5/20/2025
Recommendation: Approve the conversion of two of the four Hall Park Tennis Courts to six (6) pickleball courts and direct staff on proposed site improvements.

BACKGROUND:

The Milpitas City Council approved a new Parks and Recreation Master Plan (Plan) on December 14, 2021. A Park and Recreation Master Plan is a strategic document that studies the existing park system, facilities, and recreation programming, and identifies a planning blueprint to improve, protect and expand the City’s network of parks, facilities, and recreational services for the future. As identified in the new Plan, key sports resonated with the community for installation and/or expansion for the growing community – one of which was Pickleball.

At the time of the Master Plan drafting, available temporary Pickleball courts in Milpitas were located at:
- Milpitas Sports Center Gym (6 courts)
- Peter Gill Park Handball Courts (2 courts)
- Robert Browne Park Tennis Courts (2 courts)
On March 15, 2022, City Council approved and directed staff to implement a Pilot Pickleball Program (Pilot) at Gill Park handball courts and two Hall Park Tennis Courts, and following the conclusion of the Pilot, remove existing pickleball court lines from Robert Browne Park Tennis Courts. The Pilot launched in August 2022 and included improvements to the physical program sites, onsite storage of nets, newly established program hours on shared courts, and development of a volunteer program that engaged volunteers responsible for setting up and removing nets for the program. The Pilot created six (6) new temporary pickleball courts at Hall Park Tennis courts and enhanced the two (2) existing temporary pickleball courts at Gill Park Handball Courts.

Since the Pilot was established, outdoor pickleball has grown considerably in Milpitas and most notably at the Hall Park courts location. On April 18, 2023, the Milpitas City Council adopted the 2024- 2028 Capital Improvement Program which included a new Park Improvement project CIP 5116 Pickleball Improvements for $100,000. Staff received direction to return to City Council at a later date with a recommendation for a location for permanent pickleball courts in Milpitas.

On March 19, 2024, staff presented an analysis of the Pilot program and made recommendations for re- configuring the Hall Park court system from four (4) permanent tennis courts to two (2) permanent tennis courts and six (6) permanent pickleball courts, install sound dampening panels, and add fencing between the two sport court areas for player safety. Members from the tennis and pickleball communities spoke on the recommendations, as well as Hall Park neighbors. Some neighbors reported concerns over increased traffic, parking issues and noise they attributed to the new use on the courts.

Staff received direction to:
- Change the Hall Park courts closure time from 10:00 p.m. to 9:00 p.m. - Install sound dampening panels at the Hall Park courts - Install a safety fence
- Return to City Council after all recommended changes and improvements have been made and their effects have been measured and surveyed

Following the March 19, 2024 City Council direction, staff enforced court open hours changes (April 2024), completed the installation of safety fencing (September 2024), and installed sound panels (November 2024).

Hall Park courts were resurfaced in September/October 2024.

Analysis:

The 2021 Parks and Recreation Masterplan identifies and recommends additional Pickleball opportunities in Milpitas in response to current and expanding interest in the sport. Implementing new programs and/or new types of uses at existing park facilities is a thoughtful process but often challenging when trying to address the interests of park amenity users, park neighbors, and residents at large. Communities throughout the country are facing a similar scenario as Milpitas, trying to balance the well-founded desire on the part of players to enjoy pickleball while supporting residents’ interests in other sports, and park neighbors’ quality of life.

Staff’s approach to both the Pilot and subsequent evaluation of a permanent pickleball courts location was a multi-layered approach as summarized below. Staff’s presentation to City Council will focus on efforts following the March 2024 presentation.

Initial Engagement and Assessment
Prior to the implementation of the Pilot, in May 2022, staff conducted an initial assessment of tennis “hours played” at Hall Park courts to understand pre-Pilot utilization levels. Assessment of Gill Park was not conducted as pickleball courts were already available for play. A community meeting on the impending site work, future program hours and rules, and any user concerns was held on June 16, 2022. After the Pilot launch in August 2022, staff conducted bi-monthly assessments including court utilization and decibel readings through August 2023.

Community Meetings and Focus Group Engagement
Staff hosted three (3) community/public meetings and two (2) focus groups. At the October 2, 2023 Parks, Recreation and Cultural Resources Commission (PRCRC) meeting, staff presented a Pilot program overview and sought feedback on a potential permanent pickleball courts site at Hall Park courts. In response to public requests at the meeting, PRCRC recommended staff conduct further outreach. A focus group meeting with equal representation from Tennis and Pickleball players was held in November 2023. Feedback from the focus group provided insight from both groups on their perspectives on court safety, access, and needs of their players. A third community/public meeting was hosted in February 2024, to review the results of the latest survey and discuss options for pickleball courts that would affect Hall Park courts.

On April 29, 2025, staff held a focus group meeting with immediate Hall Park neighbors to review their perspective on the effectiveness of the improvements of the court system, change in court use hours, and potential solutions to address parking concerns.

Meeting Date Meeting Location Estimated
Attendance
September 25, 2023 Community Center 35
October 2, 2023 City Hall – PRCRC Meeting 80-100
November 16, 2023 Community Center – Focus Group 10
February 8, 2024 Community Center 143
April 29, 2025 Community Center – Focus Group 4
Community Surveys
Staff conducted four surveys seeking feedback from Hall Park users and neighbors on site uses and impacts following the establishment of pickleball courts at the site. Surveys #1 and #2 were more generally distributed to court users including a new Constant Contact© email list of 838 people, and Hall Park neighborhoods.

Surveys #3 and #4 were targeted at court users and close neighbors respectively, to gather responses on their perspective on the effectiveness of the court system improvements, change in court use hours, and safety fencing.

Survey Date Range Survey Respondents Estimated % of Resident Respondents
Survey #1 April 3 – May 15, 2023 205 62%
Survey #2 December 1– January 8, 2024 608 62%
Survey #3 February 14 - March 1, 2025 281 68%
Survey #4 February 14 - April 22, 2025 13 100%
Results of Surveys #1 and #2 garnered valuable feedback on, but not limited to, average age of the survey taker, transportation modes of park visitors, rate of visitation to tennis and pickleball courts in Milpitas, wait times, peak use times, impacts to the neighborhood (through January 2024), and receptiveness to changes to Hall Court uses changing or reverting back to single use, and shared use between tennis and pickleball.

Results of Survey #3 provided comments on the player experience as to the safety fencing, sound panels, and new court closure of 9 pm. It also assessed the current rate of visitation to tennis and pickleball courts in Milpitas, and player wait times in comparison to the 2024 survey.

Survey #4 was promoted to the immediate neighbors next to Hall Park (approximately 150 homes), hoping to get reactions to the sound panel installation and the reduction of court hours. Due to lack of responses the survey was extended by two weeks.

Decibel, Traffic and Parking Assessments
In response to neighborhood concerns about speeding and parking impacts raised at the March 19, 2024, City Council meeting, staff conducted both a parking assessment and a traffic speed study in Spring 2024. Staff also measured decibel levels both before and after the installation of the sound-dampening panels.

Traffic Assessment
Speed trailers were placed on La Honda Drive (WB) and Hermina Street (SB) from April 8 – May 6, 2024. The posted speed limit on La Honda and Hermina is 25 mph. The average speed of cars on La Honda was 26.91.

The average speed of cars on Hermina was 20.04 mph.

Parking Assessment
Staff evaluated parking in and around Hall Park. The park has an existing parking lot with a total of 10 parking stalls. The parking lot also provides access to an existing storm pump facility, and sandbag area. Staff analysis did not find that additional parking was needed due to the existing public street parking. Additional parking spaces in this lot are not feasible without major renovation of the area which would impact adjacent park amenities. However, staff did note that parking on the south side of La Honda was inefficient. Staff recommended painting tandem parking lines to help the public park better, therefore accommodating more parked cars. Staff also recommended red curb painting in the Hall Park parking lot for emergency vehicles as a matter of public safety.

Decibel Level Readings
Staff conducted decibel level readings at 16 locations in the Hall Park neighborhood during typical pickleball court usage times. Before taking measurements, staff observed and recorded court activity, including the number of active players and an estimated count of individuals waiting to use the courts. The results showed a reduction in decibel levels ranging from 12% to 24%, with the greatest decreases observed at locations closest to the courts.

Existing Tennis and Pickleball Court Inventory
Milpitas’ public courts currently include:
•25 outdoor permanent tennis courts at various City Parks*:
oBrowne (4), Cerano (1), Dixon Landing (3), McGuire (4), Gill (3), Hall (4), Pinewood (4), Evatt (2), * Court counts prior to Pilot Program
•14 temporary pickleball courts**:
o8 outdoor temporary pickleball courts at:

▪Gill Park (2), Hall Park (6), ** Browne Courts (2) not counted as inventory due to previous Council direction to remove the courts following the Pilot •6 indoor temporary pickleball courts at:
oMilpitas Sports Center Large Gym (6)
Table 4-8: Service Level Standards and Gaps, referenced in the 2021 Milpitas Parks and Recreation Master Plan, detail Milpitas’ facility service levels overall. The data shown on the table reflects facilities available in 2021 and 2019 census population levels. Current tennis court services in Milpitas exceed both NRPA Guidelines and average standards in comparable cities. Outdoor pickleball court services in Milpitas are not yet measurable by NRPA, however, are lower than the average standard in comparable cities.

Based on Milpitas projected population of 113,530 by 2040:
•Tennis Courts should be increased by one (1) court for a total of 26 courts by 2040. •Outdoor pickleball courts should total eight (8) courts to meet current population demands and increased by four (4) courts for a total of 12 courts by 2040.

Recommendation Considerations for Hall Park Courts
Selecting a site(s) for permanent pickleball courts in Milpitas will change how the sites are used but will not change the historical and fundamental use of Hall Park as public open space. The surrounding neighborhood will understandably experience a change in park use. Communities throughout the country are facing a similar scenario to Milpitas, with many cities converting existing sport courts such as tennis and basketball courts to dedicated pickleball courts. Cities like San Francisco, Morgan Hill, Walnut Creek, Dublin, Cupertino, and Sunnyvale have converted existing sport courts to pickleball to meet the growing demand in their communities.

Staff are recommending City Council consider dedicated pickleball courts be located on two of the existing four Hall Park courts, creating a dual priority use court system with two (2) tennis courts and six (6) pickleball courts. The proposed court system would continue to include a fence between the two sport court areas for safety, and sound dampening windscreens/padding.

Additional site improvements are recommended to continue to address sound, parking, and site programming.

Recommended site improvements include:

- Adding additional sound dampening panels and fence reinforcement - Painting tandem parking stalls on the south side of La Honda Drive for more efficient and increased public street parking
- Painting red curb in Hall Park parking lot for emergency vehicle parking Recommended program improvements include updated court signage, a court-use queuing system, and a limited-term Neighbor Assistance Program for households near Hall Park. This program would support eligible residents with minor window treatments to help reduce indoor court noise. Homes that meet specific distance and noise level criteria would qualify for one-time funding to purchase sound-dampening curtains or window inserts for a limited number of windows.

Staff Recommendation:

Approve the conversion of two of the four Hall Park Tennis Courts to six (6) pickleball courts and direct staff on proposed site improvements.

Fiscal Impact:

There is currently $68,000 remaining in CIP 5116 for pickleball courts. Public Works staff estimate an additional $100,000 will be needed to complete improvements to Hall Park Courts. With City Council direction, staff will include the proposed adjustments to CIP 5116 project budget as part of the annual Capital Improvement Program budgetary cycle, for a total project budget of $200,000 in CIP 5116.

California Environmental Quality Act:

The action being considered is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 19 (Categorical Exemptions), Section 15301 – Existing Facilities (e).

Recommendation:

Approve the conversion of two of the four Hall Park Tennis Courts to six (6) pickleball courts and direct staff on proposed site improvements.

Attachments:

None.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review the List of New Workplan Item Requests From Individual Councilmembers and Provide Direction to Staff Through the Council-Approved Prioritization Process (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Category: Leadership and Support Services
Meeting Date: 5/20/2025
Recommendation: (1) Review list of workplan item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance; and (3) By majority vote, approve the list as so prioritized.

BACKGROUND:

At City Council meetings, during the Announcements section, City Councilmembers may propose new workplan items to staff for consideration by the full Council. These proposed workplan items are added to a list for future Council discussion and action. On January 19, 2021, at a Special City Council meeting, the City Council directed staff to streamline the process by presenting individual Council workplan item requests for prioritization on a quarterly basis. The City Council, on January 10, 2023, adopted a City Council Policy “Prioritization of Additional Workplan Items” (Policy) to guide this prioritization process. As part of this approval, the Policy was amended to remove workplan items proposed by previous Councilmembers, unless a current Councilmember chooses to sponsor their continuation. The last prioritization was held on January 21, 2025.

ANALYSIS:

Staff is now presenting the next set of proposed workplan items, as requested by Council between January 21, 2025 and April 15, 2025, along with an update on the status of previously approved workplan items. A total of 35 workplan items have been organized into four categories based on the level of effort and the status of Council requests, as shown in Table 1 and itemized in Attachment 1 with the staff’s objectives and key results by June 30, 2025. Each quarter, staff will have objectives and key results to focus their efforts and track measurable progress.

Table 1
Workplan Item Categories
Group
# Category
# of
Items
1 Major Workplan: Not initiated and require more than four hours of staff time; may require additional funding or resources*
2 2 Minor Workplan: Not initiated and require less than four hours of staff time** 6 3 Workplans currently underway 22
4 Workplans completed, postponed indefinitely, or withdrawn since the last Council prioritization update
4 Total 34
*One item, the addition of plaques for Larry Itliong and Mahatma Ghandi, that was raised during the April 1st City Council meeting is not included in this report as it was removed from consideration during the May 13, 2025 Operating Budget Study Session
**Although more than 4 hours, direction was provided at the May 13, 2025 City Council operating budget study session to provide funding for the Community Concert Choir, so this is considered funded and is not included as a project required to be prioritized.

Prioritization Process
Similar to the prior prioritization process, the new Group 1 workplan item requests are listed in Table 2 and further described in the City Council Referral forms (forms) provided in Attachment 2. The forms contain the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from City Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from City Councilmembers sponsoring the request; however, some items may need additional clarification from the requesting Councilmember(s).

Table 2
Group 1 – Proposed Workplans Requiring Council Prioritization Estimated Annual
Ongoing Costs
Estimated One-
Time CostsProposed Workplan Items Sub-groups
Low
Range
High
Range
Low
Range
High
Range
CC01: Review bingo ordinance Ordinance and
Policies TBD TBD $12,000 $12,000
CC02: Consider policy or program
fentanyl
Ordinance and
Policies TBD TBD TBD TBD
Voting Process
Given that there are only two items up for prioritization vote, staff is recommending that these two items proceed through a standard City Council roll call vote, as opposed to the ranking process that is used when more efforts are being prioritized.

However, for reference, if the City Council would like to follow the traditional voting process the below section outlines this process.

In accordance with the adopted City Council Prioritization of Additional Workplan Items Policy, existing staff workload and the number of Group 1 items, staff proposes the Council prioritize no more than two items.

The typical voting process for prioritization is summarized below.

Round 1
Each member of the Council will be asked to prioritize their top two proposed workplan items from Group 1.

Councilmembers will receive paper copies to help them review and complete the preliminary prioritization, and electronic voting will be conducted.

All items receiving three or more votes will move forward. If the number of items receiving three or more votes is two or greater, the prioritization process will be deemed complete. If the number of items is less than two, the remaining items will be prioritized as described in Round 2.

Round 2
If items receiving three or more votes are less than two in number, Councilmembers will be asked to prioritize the remaining items to develop a top two list. Each member of the Council will be given the number of votes equivalent to two minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing one item, one additional item will require prioritization. Therefore, each Member of the Council will be asked to vote on one item. Any item receiving three or more votes will be added to the prioritized list. If the total number of items on the list is one or greater, the prioritization process will be deemed complete.

Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than two, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a

round will be eliminated from the subsequent round of voting.

Any items that do not advance through this multi-step prioritization process will be removed from the active list and need to be resubmitted through Announcements for the next prioritization discussion.

Group 2 – New Items, Requiring Less Than Four Hours
Since Group 2 items require less than four hours of staff time or are already part of City staff’s workplan, these items can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on these items.

Group 3 – Underway Items
The list includes workplan items currently underway.

Group 4 - Completed or Withdrawn Items
The following four workplan items have been moved to Group 4 as they have been completed or withdrawn since the last Council prioritization in January 2025.
•Completed:
oRecreation & Community Services Department review of potentially returning additional programs for Bingo and Senior Trips: Trips returned to the Milpitas Senior Program lineup in December 2024. Staff will continue to incorporate trips as part of their regular work plan. Council approved the request for a bingo license for the Barbara Lee Senior Center on April 1, 2025. oHuman Resources Department presentation to Council on recruitment and staffing: Staff brought forward an item to Council in February 2025 to provide an update on and discussion about recruitment and hiring.
oHiring activities - priorities to freeze or prioritize vacant positions hiring as it relates to the next fiscal year operating budget: Effective April 1, 2025, the City Manager directed a temporary hiring freeze, with exemptions on a case-by-case basis.
oExplore potential purchase of additional property on Main Street: The City submitted an offer for the 174–176 South Main Street property (0.23 acres), located near the intersection of Serra Way; however, the parcel was sold to an owner-user, with the transaction closing on March 10, 2025.

Group 5 - Historical Workplan Items
A list of all historical workplan items completed, postponed indefinitely, or withdrawn since September 2019 are presented as Group 5 in Attachment 3.

POLICY ALTERNATIVES:

Not applicable.

FISCAL IMPACT:

For the Group 1 items, annual ongoing and one-time costs are summarized in the table in the analysis section of this report. Based on Council direction, staff will consider prioritized items that require new funding as part of a future budget process.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed, any project scope and potential environmental analysis would be speculative at this time, and future environmental analysis will be conducted for the potential projects prior to the City making any commitment or approval of any project.

RECOMMENDATION:

1. Review list of workplan item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced;

2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance; and

3. By majority vote, approve the list as so prioritized.

ATTACHMENTS:
(a) List of Councilmembers Workplan Item Requests
(b) Group 1 Workplan Items City Council Referral Forms
- CC01 - Review bingo ordinance
- CC02 - Consider policy or program fentanyl use
(c) List of Historical Completed, Postponed Indefinitely, or Withdrawn Items

Attachment 1
List of Councilmembers Workplan Item Requests
No. Topic Requested
By
Date
Requested
> 4
hours
staff
time
Responsible
Department /
Office
Objective
Key Results by
June 30, 2025
May 2025
Brief Status Update
Additional Resources
/ Funding Needed or
Deferral of Council
Approved Programs
Group 1 – New Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
CC01 Review bingo ordinance
with Council
Gary
Barbadillo
4/1/2025 Yes City Attorney Has not been
prioritized
NA See attached write up. No
CC02 Consider support of a
policy/program regarding
fentanyl
Gary
Barbadillo
2/18/2025 Yes Fire Has not been
prioritized
NA See attached write up. No
Group 2 – New items that have not been completed and will require less than 4 hours of staff time 3 Create community concert
choirs
Evelyn Chua 4/1/2025 Yes Recreation &
Community
Services
Creation of a
community concert
choir.

Fund for the FY 25-
26 budget.

This project received direction to be funded in
the 5/13 Operating Budget Study Session.

Yes
4 Boy Scouts presenting the
colors and pledge of
allegiance at Council
meetings
Evelyn Chua 4/16/2025 City Clerk To provide an
opportunity for our
Milpitas youth to
participate in the
City Council
governance process.

Confirm with Boy
Scouts on schedule
& commitment for
effort.

No status. No
5 Revise Milpitas City
Council Code of Conduct
regarding electronic
devices
William Lam 4/1/2025 No City Clerk Agenda report to
discuss revisions to
the Code of Conduct.

No activity
expected during
this quarter.

Staff will bring forward an agenda report in late
summer/fall 2025 to discuss revisions to the
Code of Conduct through the Council Handbook.

No
6 Distribute info memo on
how to manage projects to
avoid cost increases
Gary
Barbadillo
4/1/2025 No City Manager To provide an
educational
informational memo
on cost containment
practices for capital
projects.

Complete a draft
info memo.

This will be an info memo or framework on
project management.

No
7 Evalute citywide overtime
usage
Gary
Barbadillo
3/4/2025 Yes Finance Information
Memorandum
regarding Citywide
Overtime for past
five (5) years.

Complete a draft
internal analysis in
preparation for a
future City Council
memorandum.

This will be part of the City Manager's fiscal
strategy framework work efforts.

No
8 Evalaute City reserve
policies
Evelyn Chua 2/18/2025 Yes Finance To develop standard
policy on use of
reserves.

Develop schedule
for review of
reserves.

This will be part of the City Manager's fiscal
strategy framework work efforts.

No

Attachment 1
List of Councilmembers Workplan Item Requests
Group 3 - Items that are currently underway and/or already included in staff's workload 9 Add entertainment zone
to revitalize Main St.

Carmen
Montano
3/4/2025 No Planning Include a focused
section on
Entertainment in the
Gateway-Main
Street Specific Plan.

Public Draft Plan
with
Entertainment
District in the
Gateway-Main St.

Specific Plan
released Apr. 10,
2025.

Consultant will incorporate an "Entertainment
District" in the Gateway-Main St. Specific Plan.

Final Plan will be presented to Council in late
Summer for adoption.

No
10 Police Satellite Office on
South Main Street
Carmen
Montano
2/18/2025 Yes Housing Evaluate a police
satellite office within
the three Main
Street parcels owned
by the City and
Housing Authority.
(1) Develop a clear
timeline for
distribution of an
RFP for Main
Street properties
and (2) Produce a
cost estimate for a
temporary
conversion of Main
Street parcels into
an office for
police.

The Office of Housing will include an evaluation
of Main Street properties for a police satellite
office; No additional workload. Request for
proposal to retain a developer to build
affordable housing with the potential inclusion of
a satellite office by December 2025.

No
11 Revise municipal code to
include Animal Cruelty
guidelines for additional
animals such as horses,
cats, etc.

Evelyn Chua 9/3/2024 Yes City Attorney's
Office
Revise municipal
code for animal
cruelty guidelines.

City staff is
drafting an
ordinance for
Council
consideration in
June or August
2025.

The City Attorney's Office is having conversations
with the San Jose Animal Care Center, an animal
shelter providing services to communities
including Milpitas. The feral cats discussion will
be addressed to Council in the future.

No
12 Review sources of funds
for library name and
return to City Council with
alternatives prior to the
next annual budget
process
Gary
Barbadillo
9/3/2024 No Recreation &
Community
Services
Purchase and install
plaques and signs.

Items are
purchased. Staff
to secure a
dedication event
date with the new
library name by
June 30, 2025.

Staff has purchased and ordered plaques and
signs for installation planned for mid-summer.

Staff is scheduling a dedication event with
former mayor Esteves for Summer 2025.

Yes
No. Topic Requested
By
Date
Requested
> 4
hours
staff
time
Responsible
Department /
Office
Objective
Key Results by
June 30, 2025
May 2025
Brief Status Update
Additional Resources
/ Funding Needed or
Deferral of Council
Approved Programs

Attachment 1
List of Councilmembers Workplan Item Requests
13 Evaluate hours of service
for the Milpitas Food
Pantry
Carmen
Montano
9/3/2024 No City Manager's
Office
To determine the
best medium term
use for the
properties on Main
Street pending
future
redevelopment into
housing.

Provide City
Council
alternatives by
August 2025.

Staff has had several discussions with the
operator of the MIlpitas Food Pantry. The
operator has indicated that they do not have
plans to increase their hours, even if the City
increases the rent. Staff are continuing to
perform analysis on this situation and plan on
returning to the City Council to discuss
alternatives.

No
14 Explore new ordinance
forassessory dwelling units
(ADUs) to allow
condominium conversions
Evelyn Chua 8/13/2024 Yes Planning Planning staff
preparing a memo
and briefing sheet
with the analysis
including input from
CAO.

Distribute info
memo to Council
by June 30, 2025.

Planning staff drafting memo with pros/cons and
policy decision and a one-page briefing sheet.

No
15 Feasibility Study for Night
Market/Food Trucks on
Main Street
Carmen
Montano
5/7/2024 No Office of
Economic
Development
Organize a food
truck event on Main
Street.

Execute
agreement with
Moveable Feast by
June 30, 2025.

The Economic Development and Trade
Commission provided feedback and consensus,
on March 10, 2025, for staff to proceed with the
event. Event to be held in either August or
September 2025.

Yes
16 Explore increasing stipend
for planning commission
Gary
Barbadillo
4/16/2024 Yes Planning Potentially increase
stipend for Planning
Commission.

Info memo to
Council during the
budget process
with
recommendations.

Planning staff completed the research of
Planning Commission stipends at comparable
cities. Most cities don't give stipend, but some
do.

Yes
No. Topic Requested
By
Date
Requested
> 4
hours
staff
time
Responsible
Department /
Office
Objective
Key Results by
June 30, 2025
May 2025
Brief Status Update
Additional Resources
/ Funding Needed or
Deferral of Council
Approved Programs

Attachment 1
List of Councilmembers Workplan Item Requests
17 Escuela Parkway Traffic
Safety Review
Carmen
Montano
5/7/2024 Yes Public Works Perform traffic study
along Escuela
Parkway from Jacklin
Road to Washington
Street to determine
traffic calming
measures to improve
circulation and
traffic flow.

Consultant's
evaluation of
traffic calming
measures and
traffic operations
is anticipated to be
completed by June
30, 2025.

Design consultant is underway as of March 2025.

The work will include data collection, evaluation
of the existing traffic conditions and operations,
analysis of traffic calming measures to improve
circulation and traffic flow, community outreach,
and final recommendations. The study is
anticipated to be completed in the Fall of 2025
and discussed with City Council in the Winter of
2026.

Yes
18 Affordable Housing
Ordinance Review
Carmen
Montano
12/5/2023 Yes City Attorney's
Office
To provide more
clarity for the
development
community
regarding how to
adhere to the City's
affordable housing
ordinance.

Temporary staff
member to
provide initial
review and
recommendations
to staff on next
steps.

Delay in the affordable housing ordinance review
due to staffing changes. A temporary, part-time
employee knowledgeable about affordable
housing has been retained to complete the
initial review and staff anticipates presenting the
ordinance review to Council in the Fall.
19 Main Street Movie Night
(formerly named
International Festival)
Hon Lien 10/3/2023 Yes Recreation &
Community
Services
Host a movie night
on Main Street with
a cultural focus.

Have the movie
night scheduled
and marketed to
the Milpitas
community by
June 30.

This one time free movie night is scheduled on
July 18, 2025 at the Tom Evatt Park. Cultural
shorts movies will be presented, along with
cultural performances prior to the movie. The
2025 Milpitas Summer Activity Guide will have a
save the date advertisement.

Yes
No. Topic Requested
By
Date
Requested
> 4
hours
staff
time
Responsible
Department /
Office
Objective
Key Results by
June 30, 2025
May 2025
Brief Status Update
Additional Resources
/ Funding Needed or
Deferral of Council
Approved Programs