September 2, 2025 Milpitas City Council Agenda Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 2, 2025
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
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_BmtKQH7uQCOIvgtUZfzXtA 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.
September 2, 2025 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 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) CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(1)
Existing Litigation: Steven Fox vs. City of Milpitas, WCAB Case No. ADJ18132318 CLOSED SESSION ANNOUNCEMENT:
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PRESENTATION OF THE COLORS and PLEDGE OF ALLEGIANCE
● Troop 0164 Christ Community Church, Milpitas
INVOCATION (Councilmember Lien)
PRESENTATIONS
● IT Professionals Day (Proclamation)
● National Suicide Prevention Week (Proclamation)
● National Preparedness Month (Proclamation)
PUBLIC FORUM
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
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 September 2025.
September 2, 2025 Milpitas City Council Agenda Page 3
C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of August 12 and 19, 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. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.
C5. Consider Opting into Settlement Agreements with Purdue Pharma L.P. and the Sackler Family (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3050; and Christopher Creech, Acting City Attorney, 408-586-3040)
Recommendation: Opt into settlement agreement with manufacturers of opioids, Purdue Pharma L.P. and the Sackler Family, whereby the County of Santa Clara will receive the City’s designated share of settlement funds and direct and authorize the City Manager to execute the settlement agreement and any documents necessary to implement the action.
C6. Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive Mayor Montano's recommendations and approve and confirm recommendations for appointments to City Commissions.
C7. Adopt Ordinance No. 65.155 for 2025 California Building Codes with Amendments (Staff Contact: Bill Tott, Building Official, 408-586-3263)
Recommendation: Waive the second reading and adopt Ordinance No.65.155 amending Chapters 3,
3.5, 4, 5, 6,7,10,11,14,16,19, and 150 of Title II of the Milpitas Municipal Code relating to adopting by reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Mechanical Code, 2025 California Electrical Code, 2025 California Plumbing Code, 2025 California Energy Code, 2025 California Green Building Standards Code, 2025 California Wildland Urban Interface Code, 2025 California Existing Building Code, 2025 California Historical Building Code, 2025 Referenced Standards Code, 2024 International Property Maintenance Code, and 2024 International Swimming Pool and Spa Code, with amendments.
C8. Adopt Ordinance No. 113.27, Adopting by Reference the 2025 Edition of the California Fire Code with Certain Local Amendments (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586-3384)
Recommendation: Waive the second reading and adopt Ordinance No. 113.27, adopting by reference the 2025 Edition of the California Fire Code, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code, with certain local amendments.
C9. Waive the Second Reading and Adopt an Ordinance Approving Zoning Text and Zoning Map Amendment ZA25-0001 to Comprehensively Update the Zoning Ordinance (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
September 2, 2025 Milpitas City Council Agenda Page 4
Recommendation: Determine that the Environmental Impact Report (EIR) Addendum adequately analyzes the potential environmental impacts associated with the proposed Zoning Amendments and is in compliance pursuant to CEQA Guidelines §15162 and §15164; and waive the second reading and adopt Ordinance No. 38.858 approving Zoning Text and Zoning Map Amendment No. ZA25-0001 to comprehensively update the Zoning Ordinance and achieve consistency between the Zoning Ordinance and Zoning Map.
C10. Approve and Authorize the City Manager, or Designee, to Execute a Design Services Agreement with Bennett Engineering for Street Resurfacing Project 2026, CIP No. 4307 (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Approve and authorize the City Manager, or designee, to execute a Design Services Agreement with Bennett Engineering in an amount not to exceed $509,112 for the Street Resurfacing Project 2026, CIP No. 4307.
C11. Adopt a Resolution to Accept the Completed Public Improvements for the Bridge Point Silicon Valley 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 Bridge Point Silicon Valley Project, (2) Approve a reduction in the faithful performance bond to $120,260; 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.
C12. Authorize the City Manager to Execute Purchase Orders with Multiple Vendors for Public Works Related On-Call Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian De Renzo, Public Works Director, 408-586-2602) Recommendation: Authorize the City Manager, or designee, to (1) Negotiate and execute purchase orders with twenty-five (25) vendors for Public Works related on-call maintenance and repair services – including parts, specialty equipment, and materials as required – for a five-year term in a total amount not to exceed $8,335,342, subject to the appropriation of funds; and (2) Adjust the not-to-exceed amounts between vendors in specified services areas as required.
C13. Authorize the City Manager to Negotiate and Execute an Agreement with One Day Installation & Repair, Inc for Police Department Locker Room Renovation (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Recommendation: Approve project plans and specifications, award bid, and authorize the City Manager, or designee, to negotiate and execute a Construction Agreement with One Day Installation & Repair, Inc. for Police Department Locker Room Renovation Project in an amount not to exceed $700,000, which includes the base bid of $598,609.25 and a contingency of $101,390.75 for a maximum compensation of $700,000, subject to the appropriation of funds, for a term of 270 days.
C14. Adopt a Resolution Authorizing Submittal of a Grant Application to the California Department of Resources Recycling and Recovery for the Rubberized Pavement Grant Program, and Authorize the City Manager, or Designee, to Execute Grant Funding Agreements and Appropriate Award Funds (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
September 2, 2025 Milpitas City Council Agenda Page 5
Recommendation: (1) Adopt a resolution authorizing submittal of a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program, and (2) Authorize the City Manager, or designee, to execute grant funding agreement(s) with CalRecycle and appropriate awarded funds into City’s street resurfacing program for five fiscal years.
C15. Consider a Fee Waiver Request from PRAGNYA (Preparing Resources & Alliances Galvanizing Neurodiversity Acculturation) (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Approve a Fee Waiver of $872 for the PRAGNYA event Dinkchak Dhamaal Dandiya at the Milpitas Senior Center on September 27, 2025.
LEADERSHIP AND SUPPORT SERVICES
16. Consider Modifying the City Council Code of Conduct Regarding Electronic Device Use at the Dais (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Adopt a revision to Chapter 3 of the City Council Procedures and Protocols Handbook to (1) Maintain the existing Code of Conduct with no changes; or (2) Revise the Code of Conduct language to state, “Use electronic devices appropriately while on the Council dais.”
17. Provide Direction on City Council Salaries in Accordance with California Government Code (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Recommendation: Provide direction to staff to return to City Council with an ordinance to update Chapter 14 of Title 1 of the City of Milpitas Municipal Code, which outlines City Council salaries.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
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.
ADJOURNMENT
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.
September 2, 2025 Milpitas City Council Agenda Page 6
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
September 2025
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 CITY HOLIDAY
City Hall Closed
2 6:00 PM-Closed Session
7:00 PM-City Council
3 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
4 12:00 PM-Santa Clara County Library
JPA Board Meeting (CM) (Campbell,
CA)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5 6
7 8
4:30 PM-Economic Development and
Trade Commission (WL)
9 10
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
11 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)
12 13
14 15
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)
16 6:00 PM-Closed Session
7:00 PM-City Council
17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
18 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)
19 20
21 22
7:00 PM-Arts Commission (CM)
23 24
7:00 PM-Planning Commission
25 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)
26 27
28 29
30 August 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 October 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
August 12, 2025 Milpitas City Council Minutes Page 1
SPECIAL MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, AUGUST 12, 2025
The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on August 12, 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, Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None
The city council adjourned to Closed Session at 5:33 PM.
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Facts and circumstances related to a Public Records Act request.
City as Defendant.
CLOSED SESSION ANNOUNCEMENT:
The City Council reconvened in open session at 6:48 PM.
Acting City Attorney Creech had nothing to report out from Closed Session.
PLEDGE OF ALLEGIANCE
Vice Mayor Barbadillo led the pledge of allegiance.
INVOCATION
Councilmember Lam provided the invocation.
PRESENTATIONS
There were no presentations.
PUBLIC FORUM
There were the following public speakers:
1. Voltaire Montemayor
August 12, 2025 Milpitas City Council Minutes Page 2
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. Councilmember Lien disclosed receiving a $250 contribution from John of Mission Peak Homes within the past 12 months, related to item C12 on the consent calendar. By roll call, there were no other reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Chua read the City Council Code of Conduct.
APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.
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
Councilmember Lam requested to pull items C7 and C10 from the consent calendar for separate discussion.
Acting City Attorney Creech advised taking a separate vote on item C12 to allow Councilmember Lien to recuse herself due to her campaign contribution disclosure.
After discussion, motion: To approve the consent calendar except for items C7, C10, and C12.
Motion/Second: Councilmember Chua / Vice Mayor Barbadillo Vote: 5-0.
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
Councilmember Lien recused herself and stepped off the dais for Item C12 due to her previously disclosed campaign contribution.
After discussion, motion: to approve Item C12.
Motion/Second: Vice Mayor Barbadillo / Councilmember Chua Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam NOES: None
ABSTAIN: Councilmember Lien
August 12, 2025 Milpitas City Council Minutes Page 3
1. Receive City Council Calendar of Meetings (Staff Contact: Suzanne Guzzetta, City Clerk, 408- 586-3001)
Received City Council Calendar of Meetings for August 2025.
2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of June 17, 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. Report Back on City Manager Activity During Summer Recess (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012
(1) Accepted the report on City Manager Activity during the City Council Summer Recess and confirm continuing authority to complete ongoing work, and; (2) Authorized the City Manager, or designee, to continue to negotiate and execute under City Manager Summer Recess Authority: (a) a Professional Services Agreement with The Lew Edwards Group for business license tax reform ballot measure communications services in an amount not-to-exceed $113,500; and (b) Professional Services Agreements with professional services firms for organizational assessment services, and adjust the scope(s) of services, not-to-exceed amount(s) and term(s) of performance between individual firms as required in amounts that may exceed $100,000, subject to budgetary appropriations.
6. Award a Bid and Authorize the City Manager to Negotiate and Execute an Agreement with Technology, Engineering & Construction, Inc., dba TEC Accutite, for Aboveground/Underground Storage Tank Maintenance, Repair, and Related Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Awarded a bid and authorized the City Manager, or designee, to (1) Negotiate and execute a Maintenance Services Agreement with Technology, Engineering & Construction, Inc., dba TEC Accutite, for aboveground/underground storage tank maintenance, repair, and related services for an initial one-year term and a maximum compensation of $200,000; and (2) Exercise up to four additional one-year options with annual increases, if requested by vendor, limited to 3% or Consumer Price Index (CPI), whichever is less, for a total five-year contract not-to-exceed amount of $1,061,827, subject to the appropriation of funds.
8. Adopt a Resolution to Approve Project Plans and Specifications, Award Bid to Square Signs LLC, and Authorize the City Manager to Negotiate and Execute an Agreement for Scoreboard Replacement Services (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian DiRenzo, Public Works Director, 408-586-2602) Adopted Resolution No. 9441 to (1) Approve project plans and specifications; (2) Award Bid to Square Signs LLC; and (3) Authorize the City Manager, or designee, to negotiate and execute a Construction
August 12, 2025 Milpitas City Council Minutes Page 4
Agreement with the lowest responsive and responsible bidder, Square Signs LLC, for scoreboard replacement services in an amount not to exceed $250,000, subject to the appropriation of funds.
9. Adopt a Resolution to Increase Appropriation for the Annual Wholesale Water Purchase from Santa Clara Valley Water District (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586- 3111; and Christian Di Renzo, Public Works Director, 408-586-2602) Adopted Resolution No. 9442 to increase appropriation for the Annual Wholesale Water Purchase from the Santa Clara Valley Water District by $446,073.32.
11. Adopt a Resolution Authorizing the City Manager to Accept the California Highway Patrol Cannabis Tax Fund Grant Program Award, Approve the Purchase of the Grant-Approved Specialty Vehicle, Enter into the Resultant Grant Agreement and other Ancillary Documents as Needed, and Approve the Related Budget Appropriation (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)
(1) Adopted Resolution No. 9443 authorizing the City Manager, or designee, to accept the California Highway Patrol Cannabis Tax Fund Grant Program Award in the amount of $248,547, (2) Approve the purchase of the grant-approved specialty vehicle, (3) Enter into the resultant grant agreement and other ancillary documents as needed; and (4) Approve the related budget appropriation in the amount of $248,547 to the State Grants Police Department Fund.
12. Approve and Authorize the City Manager to Execute an Improvement Agreement between the City of Milpitas and Mission Peak Homes, Inc. for a Residential Project at 470-500 Wool Drive (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, or designee, to execute an Improvement Agreement between the City of Milpitas and Mission Peak Homes, Inc., for a residential project at 470-500 Wool Drive.
13. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Purchase and Sale Agreement with Santa Clara Valley Water District for Property Acquisition for South Milpitas Boulevard Road Extension, Project No. 2016 (Staff Contact: Christian Di Renzo, Public Works, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Adopted Resolution No. 9444 to authorize the City Manager to (1) Negotiate and execute the Purchase and Sale Agreement with Santa Clara Valley Water District for the acquisition of approximately 18,920 square foot of Assessor’s Parcel Number 086-37-018 in the amount of $270,000, (2) Negotiate and grant a Watershed Easement Agreement on said Purchase and Easement Agreement on 1841 Tarob Court to Santa Clara Valley Water District, (3) Negotiate and accept Easement Agreement from Anton Milpitas, LLC (1828 South Milpitas Boulevard) and The Harlowe, LLC (1821 South Milpitas Boulevard); and (4) Find that the purchase is in conformance with the Milpitas General Plan for South Milpitas Boulevard Road Extension, CIP No. 2016.
PUBLIC HEARINGS
14. Conduct a Public Hearing, Adopt a Resolution Approving General Plan Amendment GP25-0001, and Introduce an Ordinance Approving Zoning Text Amendment and Zoning Map Amendment ZA25-0001 to Comprehensively Update the Zoning Ordinance (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Interim City Manager Santana introduced the item. Planning Director Lee presented the report, joined by Special Projects Associate Holly Pearson and Liebert Cassidy Whitmore Consultant Jen Murillo.
August 12, 2025 Milpitas City Council Minutes Page 5
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Yolie Garcia
2. Voltaire Montemayor
Mayor Montano closed the public hearing.
Councilmember Montano asked whether floor area ratio (FAR) standards could be revised in the future. Holly Pearson, Planning Project Manager, explained that revisions would require a general plan amendment followed by zoning adjustments.
Mayor Montano raised concerns about potential conflicts with SB 63. Planning Director Jay Lee stated that state law supersedes local ordinances where applicable and that the ordinance was drafted to maintain compliance while preserving local control where possible.
Councilmember Lien raised questions about the letter received from the California Housing Defense Fund regarding accessory dwelling unit (ADU) regulations. Planning Director Lee responded that staff believe the regulations comply with state law and recommended review by the Department of Housing and Community Development.
Acting City Attorney Creech read aloud the title of the ordinance.
After discussion, motion: to (1) Conduct a public hearing and determine that the Environment Impact Report (EIR) Addendum adequately analyzes the potential environmental impacts associated with the proposed General Plan and Zoning Amendments and is in compliance pursuant to CEQA Guidelines §15162 and §15164; (2) Adopt Resolution No. 9445 approving General Plan Amendment No. GP25- 0001; and (3) Waive the first reading beyond the title and Introduce Ordinance No. 38.858 approving Zoning Text and Zoning Map Amendment No. ZA25-0001 to comprehensively update the Zoning Ordinance and to achieve consistency between the General Plan Land Use Element, Zoning Ordinance, and Zoning Map.
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
ITEMS PULLED FROM CONSENT CALENDAR
7. Award a Bid to Holiday Lights, Inc. and Authorize the City Manager to Negotiate and Execute an Agreement for the Annual Install/Removal of City-Owned Holiday Lights (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Christian Di Renzo, Public Works Director, 408-586-2602)
Councilmember Lam expressed concerns about the cost of $75,000 per year for five years for holiday light installation and removal on five trees at City Hall. He questioned the justification for this expense given the limited scope of work. Assistant City Manager Cano and Public Works Director Di Renzo explained that the work involves two days for installation and two days for removal, including
August 12, 2025 Milpitas City Council Minutes Page 6
equipment rental, traffic control, permitting for Caltrans right-of-way, after-hours work, and proper storage of lights.
Vice Mayor Barbadillo questioned whether the City could use their own resources to handle the task and was skeptical of the $75,000 cost, suggesting alternatives should be considered.
Councilmember Chua suggested reducing the number of trees decorated or finding other ways to reduce costs while maintaining the holiday spirit.
Interim City Manager Santana suggested bringing back options that could create a holiday environment at a lower cost, potentially redirecting savings to holiday activities and programs.
The council agreed to defer the item and directed staff to:
• Explore lower-cost alternatives for holiday decorations • Consider decorating fewer trees or using different decoration methods • Look into past decorations on Calaveras Boulevard medians • Provide a breakdown of current holiday decoration plans and budgets • Present options for creating a festive atmosphere within more limited resources After discussion, motion: to not approve awarding the bid and to direct staff to explore additional proposals, including negotiating with the current bidder.
Motion/Second: Councilmember Chua / Councilmember Lam
Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
10. Receive Report on Workforce Housing Rental Assistance, Approve Programmatic Updates, and Approve Additional Appropriation from the Affordable Housing Community Benefit Fund for the Workforce Housing Rental Assistance Program Round Two (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Sarah Balcha, Senior Administrative Analyst, 408-586-3268) Councilmember Lam asked about the use of a third-party administrator, program deadlines, and eligibility changes. Senior Administrative Analyst Balcha explained the role of FORWARD in administering the program, described funding timelines, and outlined proposed updates to broaden eligibility while prioritizing Milpitas residents.
Mayor Montano inquired about fraud prevention and the impact of state housing laws, with Ms. Balcha and Planning Director Lee providing responses. Councilmember Lam suggested varying assistance amounts, which staff noted could create administrative challenges. Assistant City Manager Cano clarified that Milpitas residents would be prioritized.
Council directed staff to continue using a third-party administrator, implement fraud prevention measures, cap payments at actual rent amounts, limit eligibility to Milpitas residents, conduct service evaluations, and return with a report on homeless outreach services funded under the program.
After discussion, motion:to (1) Receive report and approve Workforce Housing Rental Assistance
August 12, 2025 Milpitas City Council Minutes Page 7
Program programmatic updates; and (2) Approve and authorize the City Manager, or designee, to allocate an additional appropriation of $20,000 from the Affordable Housing Community Benefit Fund to FORWARD for administration of round two of the Workforce Housing Rental Assistance Program with direction to continue using a third-party administrator, implement fraud prevention measures, cap payments at actual rent amounts, limit eligibility to Milpitas residents, conduct service evaluations, and return with a report on homeless outreach services funded under the program.
Motion/Second: Councilmember Lam / Councilmember Lien
by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
There were the following public speakers:
1. Voltaire Montemayor
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Santana reported that National Night Out was a success, with 28 neighborhood gatherings held throughout the city. She also announced that Mayor Montano would attend the VTA Policy Advisory Committee meeting on August 14 to support the VTA staff recommendation for full funding of the City’s Smart Commuter program.
There were the following Councilmember Requests:
• Councilmember Chua requested that staff explore a program similar to San Leandro’s, which provides Ring doorbell cameras to residents. There was unanimous consensus to add to the prioritization list. • Councilmember Lam proposed expanding the Milpitas SMART program to include service to the San Jose Airport, with a suggested $10 fare for airport trips. There was unanimous consensus to add to the prioritization list.
Mayor Montano shared her positive experience participating in National Night Out and noted the strong turnout and positive community engagement with first responders. She also requested that staff address widespread weed overgrowth throughout the city, which has generated numerous resident complaints.
ADJOURNMENT
Mayor Montano adjourned the meeting at 9 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
August 19, 2025 Milpitas City Council Minutes Page 1
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
MINUTES
TUESDAY, AUGUST 19, 2025
The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on August 19, 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 6:00 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None
Acting City Attorney Creech briefed the City Council on the Closed Session items. The City Council adjourned to Closed Session at 6:02 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 CLOSED SESSION ANNOUNCEMENT:
The City Council reconvened at 7:00 PM.
Acting City Attorney Creech had nothing to report out.
PLEDGE OF ALLEGIANCE
Scout Troop 92 from St Olive MInistries presented the colors and led the pledge of allegiance.
INVOCATION
Councilmember Lam presented the invocation.
PRESENTATIONS
Mayor Montano presented a proclamation in recognition of Women's Equality Day to representatives from HikeQueen Buddies.
PUBLIC FORUM
There were the following public speakers:
1. Voltaire Montemayor
2. Priti, HikeQueen Buddies
August 19, 2025 Milpitas City Council Minutes Page 2
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 / Vice Mayor Barbadillo Motion carried by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
CONSENT CALENDAR
Motion/Second: Vice Mayor Barbadillo / Councilmember Chua Vote: 5-0
There were no public speakers.
After discussion, motion: to approve the consent calendar.
Motion/Second: Vice Mayor Barbadillo / Councilmember Chua 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 August and September 2025.
2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Approved City Council Meeting minutes of June 26 and July 1, 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)
August 19, 2025 Milpitas City Council Minutes Page 3
Received the list of items that have been requested by City Councilmembers and received consensus in previous meetings to date.
5. Adopt a Resolution Extending the Memoranda of Understanding Between the City of Milpitas and Milpitas Professional and Technical Group and the Milpitas Employees Association (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) (1) Adopted Resolution No. 9446 extending the Memorandum of Understanding between the City of Milpitas and Milpitas Professional and Technical Group (ProTech) from July 1, 2025 to June 30, 2026, with a 3% wage increase retroactive to July 1, 2025, a one-time, lump sum, non-pensionable payment of $2,450, and incorporating previous Side Letter Agreements regarding Holiday Break, Temporary Staffing Services and Compassionate Leave, as well as a Unit Modification Agreement regarding the Payroll Specialist classification; and (2) Adopted Resolution No. 9447 extending the Memorandum of Understanding between the City of Milpitas and Milpitas Employees Association (MEA) from July 1, 2025 to June 30, 2026, with a 3% increase wage increase retroactive to the first full pay period in July, a one-time, lump sum, non-pensionable payment of $2,450, and incorporating previous Side Letter Agreements regarding Overtime, Temporary Staffing Services and Standby Assignment; and (3) Amend the All Job Classifications/Salary Table in Alignment with the proposed Extensions of Memoranda of Understanding.
6. Approve the Final Map, Tract No. 10643; and Approve and Authorize the City Manager, or Designee, to Execute the Subdivision Improvement Agreement between the City of Milpitas and Toll West Coast, LLC for a Residential Project at 1905 Tarob Court (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) (1) Approved the Final Map, Tract No. 10643, including all offers of dedications as stated and depicted on the final map upon completion and acceptance of improvements; and (2) Approved and authorized the City Manager, or designee, to execute the Subdivision Improvement Agreement between the City of Milpitas and Toll West Coast, LLC, which will be guaranteed by bonds or similar securities to be posted by the Toll West Coast LLC in the amount of $2,718,000.
7. Consider a Fee Waiver Request from Saint Elizabeth Church (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Approved a fee waiver request of $1,083.67 for the St. Elizabeth Church Family Festival at the St.
Elizabeth Church Parking Lot on September 21, 2025.
PUBLIC HEARINGS
8. Introduce Ordinance No. 65.155 to Adopt by Reference the 2025 California Building Codes with Amendments (Staff Contact: Bill Tott, Building Official, 408-586-3263) Interim City Manager Santana introduced the item. Building Official Tott presented the report.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Voltaire Montemayor
Mayor Montano closed the public hearing.
Vice Mayor Barbadillo asked about the main changes in the new codes. Building Official Tott explained that the baseline standards for energy efficiency and green building had been raised significantly, particularly in areas related to electrification and reducing carbon footprint.
August 19, 2025 Milpitas City Council Minutes Page 4
Councilmember Lam inquired about the impact on gas appliances in new single-family homes. The Building Official clarified that while gas appliances would still be allowed, the new energy efficiency standards would make it difficult for standard gas-fired water heaters to meet the requirements.
Acting City Attorney Creech read the title of the ordinance.
After discussion, motion: to waive the first reading beyond the title and introduce Ordinance No.65.155 amending Chapters 3, 3.5, 4, 5, 6,7,10,11,14,16,19, and 150 of Title II of the Milpitas Municipal Code relating to adopting by reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Mechanical Code, 2025 California Electrical Code, 2025 California Plumbing Code, 2025 California Energy Code, 2025 California Green Building Standards Code, 2025 California Wildland Urban Interface Code, 2025 California Existing Building Code, 2025 California Historical Building Code, 2025 Referenced Standards Code, 2024 International Property Maintenance Code, and 2024 International Swimming Pool and Spa Code, with amendments. .
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
9. Introduce Ordinance No. 113.27 to Adopt by Reference the 2025 Edition of the California Fire Code with Certain Local Amendments (Staff Contact: Arthur Belton, Deputy Chief/Fire Marshal, 408-586-3384)
Interim City Manager Santana introduced the item. 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.
Deputy Fire Chief / Fire Marshal Belton responded to questions from the City Council.
Acting City Attorney Creech read the title of the ordinance.
After discussion, motion: to waive the first reading beyond the title and introduce Ordinance No. 113.27 to adopt by reference the 2025 Edition of the California Fire Code, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code, with certain local amendments.
Motion/Second: Councilmember Lien / Vice Mayor Barbadillo by the following:
AYES: Mayor Montano, Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lien
NOES: None
August 19, 2025 Milpitas City Council Minutes Page 5
LEADERSHIP AND SUPPORT SERVICES
10. Award a Contract and Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with MaintStar Inc. for a Land Management and Permitting Solution and Agreement with DATA CLIMB, LLC for Project Management Services in Support of the Land Management and Permitting Solution Implementation (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Daniel Nam, Information Technology Director, 408-586-2712) Interim City Manager Santana introduced the item. Information Technology Director Nam presented the report.
There were the following public speakers:
1. Voltaire Montemayor
Councilmember Chua asked about the major benefits the new land management and permitting software would bring to the Building department, whether current processes would change with the new software, and if any features from the current Project Docs system would be kept.
Councilmember Lam raised questions regarding cost, vendor selection, and the opportunity to test the software. He expressed concern about the absence of a trial option, the selection process, and whether pricing was sufficiently negotiated. Information Technology Director Nam and Finance Director Cofresi-Howe described the evaluation process.
Vice Mayor Barbadillo asked about the services included in each contract, and IT Director Nam clarified that MaintStar’s services covered implementation while Data Climb would provide short-term project management for integration.
Councilmember Evelyn Chua questioned the contract regarding the 10-year term and the exit clause.
Acting City Attorney Creech explained that typical city software contracts include provisions allowing the city to terminate for convenience or non-appropriation by the city council, providing flexibility to end the contract if needed, while vendors are usually locked in for the longest agreed period to secure pricing and terms.
Mayor Montano highlighted the importance of improving the city’s permitting process to streamline operations and support economic development.
After discussion, motion: to award a contract and authorize the City Manager, or designee, to negotiate and execute (1) a Software License and Professional Services Agreement with MaintStar Inc. for a Land Management and Permitting Solution, including related professional services, for an initial four- year term and up to two three-year options to extend the term of the Agreement for a total of 10 years, a maximum compensation of $650,000 for the initial four-year term and an estimated $1,571,000 for the full 10 years, and a 10% contingency, subject to the appropriation of funds; and (2) a Professional Services Agreement with DATA CLIMB LLC for Project Management Implementation Services for the Land Management and Permitting Solution for an initial term of two years, up to three one-year options to extend for a total of five years, and a maximum compensation of $370,000 for the initial two-year term with total option year costs in amounts not to exceed $200,000, subject to the appropriation of funds.
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
August 19, 2025 Milpitas City Council Minutes Page 6
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Mayor Montano proposed revisiting the mural selection committee process to make it more inclusive by involving all commissioners in the Arts Commission. The Council reached unanimous consensus to add the item to the prioritization list.
Councilmember Lam suggested holding an off-site workshop in early October to discuss and prioritize City Council goals and priorities for their terms. There was unanimous support to add the item to the prioritization list.
Vice Mayor Barbadillo proposed issuing a proclamation to thank and recognize the city of Dagupan, Philippines, following his visit there as part of the sister city program in April. There was unanimous support for the request.
ADJOURNMENT
Mayor Montano adjourned the meeting at 8:35 PM.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 8/28/2025
September 16, 2025 – Regular Meeting (7:00 PM)
CLOSED SESSION
INVOCATION (Councilmember Lien)
PRESENTATION
- Childhood Cancer Awareness Month (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for September and October 2025 (City Clerk)
2. Approve City Council meeting minutes of August 26 and September 2, 2025 (City Clerk)
3. Preview list of items for October 7, 2025 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Commission Appointments (City Clerk)
6. Commission Workplans (City Clerk / Recreation)
7. Sole Source Contract Report (Finance)
8. COLA for Unrepresented Employees (Human Resources)
9. Agreement with Mission Square (Human Resources)
PUBLIC HEARINGS
10. Fee Schedule (Finance)
11. CDBG CAPER – FY 24-25 Accomplishments Report (Housing)
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
OPEN ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Issue a proclamation to thank and recognize the
City of Dagupan, Phillipines, follwing visit as part of the Sister City program in April 2025 Barbadillo 8/19/2025 Proclamation tentatively scheduled for
October 21, 2025
2 Conduct an offsite workshop in early October to
discuss and prioritize Council goals and priorites
for their terms Lam 8/19/2025
An update on this item will be included in the
next quarterly prioritization update.
3 Revisit the mural selection committee process to
make it more inclusive by involving all
commissioners in the Arts Commission Montano 8/19/2025
An update on this item will be included in the
next quarterly prioritization update.
4 Exapnd the Milpitas SMART program to include
service to the San Jose Airport Lam 8/12/2025
An update on this item will be included in the
next quarterly prioritization update.
5 Staff explore a program similar to San Leandro’s,
which provides Ring doorbell cameras to residents Chua 8/12/2025 An update on this item will be included in the
next quarterly prioritization update.
6 Policy review on youth sport grant eligibility to
address excluding homeschooled children Mayor 6/17/2025 An update on this item will be included in the
next quarterly prioritization update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
7 Reinstate the posting of the colors by Boy Scouts
at City Council Meetings Chua 4/15/2025
An update on this item will be included in the
next quarterly prioritization update.
8 Revise City Council Code of Conduct language
regarding the use of electronic devices. Lam 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
9 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
10 Create a Milpitas Community Concert Choir with
city support for marketing and rehearsal space. Chua 4/1/2025 An update on this item will be included in the
next quarterly prioritization update.
11 Look into adding an entertainment zone to Main
Street. Montano 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
12 Staff provide a detailed analysis of overtime
expenditures by department. Barbadillo 3/4/2025
An update on this item will be included in the
next quarterly prioritization update.
13 Look into a policy to require a Super Majority vote
by Council for any deductions to budget reserves. Chua 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
14 Bring back a discussion regarding fentanyl-related
issues Barbadillo 2/18/2025
An update on this item will be included in the
next quarterly prioritization update.
15 Feasibility study regarding a police satellite office. Montano 2/18/2025 An update on this item will be included in the
next quarterly prioritization update.
16 Staff organize a job fair for City job openings Chua 11/19/2024 An update on this item will be included in the
next quarterly prioritization update.
17 Bring back a study or analysis of the permit
process Chua 11/19/2024
An update on this item will be included in the
next quarterly prioritization update.
18 Explore updating the city's business tax rate
schedule Chua 10/1/2024
An update on this item will be included in the
next quarterly prioritization update.
19 Explore funding options for new signage following
the decision to rename the Milpitas Library to the
Milpitas Jose Esteves Library Barbadillo 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
20 Update the animal control ordinance to include
other animals such as horses and cats Chua 9/3/2024
An update on this item will be included in the
next quarterly prioritization update.
21 Look into adopting an ordinance similar to San
Jose allowing ADUs (Accessory Dwelling Units) to
have a separate title and be sold separately. Chua 8/13/2024 An update on this item will be included in the
next quarterly prioritization update.
22 Conduct a traffic study on Escuela Parkway to
address circulation concerns Montano 5/7/2024
An update on this item will be included in the
next quarterly prioritization update.
23 Explore the possibility of augmenting the Planning
Commission stipend Barbadillo 4/16/2024
An update on this item will be included in the
next quarterly prioritization update.
NOTE: Deferred and Completed Items are not listed
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
24 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
An update on this item will be included in the
next quarterly prioritization update.
25 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
An update on this item will be included in the
next quarterly prioritization update.
26 Main Street International Festival Lien 10/3/2023
An update on this item will be included in the
next quarterly prioritization update.
27 Pickleball Pilot Project Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
28 Main Street Infrastructure Projects Montano 2/28/2023 An update on this item will be included in the
next quarterly prioritization update.
29 Main Street Flooding at Library Chua 2/28/2023
An update on this item will be included in the
next quarterly prioritization update.
30 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update on this item will be included in the
next quarterly prioritization update.
31 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city Chua 8/9/2022
An update on this item will be included in the
next quarterly prioritization update.
32 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update on this item will be included in the
next quarterly prioritization update.
33 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update on this item will be included in the
next quarterly prioritization update.
34 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update on this item will be included in the
next quarterly prioritization update.
35 Consider Community Museum and Park on Main
St. Phan 8/20/2019
Discussions with the property owner of this
site are ongoing and staff is tracking
returning to council by June 2025 with an
update.
ACTIVE ITEMS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
NOTE: Deferred and Completed Items are not listed
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Opting into Settlement Agreements with Purdue Pharma L.P. and the Sackler Family (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3050; and Christopher Creech, Acting City Attorney, 408-586-3040) Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/2/2025
Recommendation: Opt into settlement agreement with manufacturers of opioids, Purdue Pharma L.P. and the Sackler Family, whereby the County of Santa Clara will receive the City’s designated share of settlement funds and direct and authorize the City Manager to execute the settlement agreement and any documents necessary to implement the action.
BACKGROUND:
In recent years, states, cities, and counties across the United States have sued opioid manufacturers and distributors for their role in the opioid addiction epidemic. Several of these high-profile lawsuits have resulted in nationwide settlements between these government entities and the defendants. Under the terms of these settlements, the opioid defendants have generally been required to pay billions of dollars to state and local governments, which the government entities must use to address the opioid addiction epidemic in their communities. The City has previously opted in to several of these settlements, including with Amerisource Bergen, Cardinal Health, and McKesson, and Janssen on December 7, 2021 and with Teva, Allergan, CVS, Walgreens, and Walmart on April 18, 2023.
Now, certain governmental entities have reached a settlement in a similar litigation with Purdue Pharma L.P. (Purdue), the manufacturer of the powerful opioid painkiller OxyContin, and the Sackler Family (Sacklers), the former majority owners of Purdue. In addition to distributing $7.4 billion dollars over 15 years to governmental agencies across the United States to support opioid addiction treatment, prevention, and recovery programs, this settlement will also end the Sacklers’ control of Purdue and prohibit many of the Sacklers from manufacturing or selling opioids in the United States. Purdue has also filed for bankruptcy, and this settlement would require the successor-in-interest to Purdue to implement safeguards to prevent diversion of prescription opioids. The State of California is expected to receive as much as $440 million dollars as a result of this settlement. As with the prior settlements the City opted into, this settlement would resolve all legal claims of state and local governments against Purdue and the Sacklers.
Until September 30, 2025, the City may opt into this settlement, thereby releasing its claims against Purdue and the Sacklers to receive a share of the settlement proceeds. These funds would be restricted to certain opioid remediation uses. The City can either allow the funds to be used by the County of Santa Clara for county-wide remediation efforts or elect to use the funds itself. However, if the City elects to directly receive the funds, it would be subject to strict accounting and reporting requirements and would likely have to create and partially subsidize additional programs that it has not currently budgeted to operate.
As with the prior settlements, staff recommends the City opt into this settlement agreement and assign its share of the settlement proceeds to Santa Clara County for a coordinated, county-wide remediation effort that will maximize the impact of these funds in the region.
ANALYSIS:
Local governments not direct parties to the litigation – like the City of Milpitas – must choose to opt into this settlement by September 30, 2025 to receive a share of these settlement proceeds ($7.4 billion dollars). In exchange, the City would give up any opioid-related claims they may have against Purdue and the Sacklers.
The City has not yet been allocated a percentage of the settlement amount, as that will be dependent upon whether other agencies participate in the settlement and other calculations the Settlement Administrator has yet to perform. However, the settlement does have an escalation clause such that if Milpitas and other Santa Clara County cities opt into the settlement agreement, additional funds will be directed toward Santa Clara County. Similarly, the total amount of settlement funds available for California increases when the state hits a higher percentage of city and county approval.
As with the prior settlements the City opted into, the settlement proceeds will be allocated by default to Santa Clara County for a coordinated, County-wide remediation effort.
Each county and city that receives payment of funds from the settlements must prepare written reports at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. These reports will also include a certification that all funds received have been used in compliance with the allocation agreements. Further, each county and city will need to track all deposits and expenditures. A county is not responsible for oversight, reporting, or monitoring of funds received by a city, which receives direct payment within such county. As such, if the City elected to directly receive these funds, in addition to establishing and funding qualifying programs, it would be required to undertake these additional reporting and administration costs without additional compensation.
In deciding whether to allow a city’s funds to go directly to the county in which a city is located, a city should consider the following: (1) whether the amount of money is substantial enough for the city to handle it on its own; (2) whether the city offers the services and has the employees to spend the money in accordance with its prescribed uses; and (3) whether the city wants to engage in the reporting requirements over the course of the next fifteen years.
While the exact amount of money the City could receive annually cannot be calculated at this juncture, it is expected it would not be sufficient to fully fund meaningful programs in Milpitas. The City would likely have to subsidize personnel, administrative, and other costs related to any opioid remediation project. By way of example, in fiscal year 2022-2023, for the comparable $5 billion dollar settlement with Janssen Pharmaceuticals, these Santa Clara County cities received the following distributions for opioid abatement efforts:
City Population (2022) Abatement Amt (2022-2023)
Los Gatos ~31,000 $8,186.76
Campbell ~42,200 $8,927.99
Gilroy ~56,800 $16,092.05
Sunnyvale ~152,700 $34,427.57
Santa Clara ~130,400 $43,600.54
In addition, the Janssen settlement, like the presently proposed settlement, contemplates the highest payout during the first settlement year, which was 2022. Staff therefore does not expect that the City would receive sufficient settlement funds to justify the additional administrative, accounting, and reporting costs for receiving direct payment. These funds could be more immediately and efficiently used with greater local impact through coordinated regional programing through the County.
As with the prior settlements, staff therefore recommends the City opt into these settlements and allow its share to be assigned to the County.
POLICY ALTERNATIVES:
Alternative 1: Do not opt into the settlements.
Pros: The City could pursue legal action against Purdue and the Sacklers and seek to obtain a more favorable settlement or judgment.
Cons: The City and County would not receive the funds provided for in the proposed settlement agreements with the opioid distributors.
Reason not recommended: The City would have to hire outside legal counsel to independently bring a lawsuit against the opioid distributors with no certain legal outcome. It is unlikely that the City would obtain a sufficiently more favorable result than the present settlement that would justify this additional expense and uncertainty. Additionally, Purdue has declared bankruptcy, and any judgment or settlement the City could obtain at this juncture would likely be discharged by this bankruptcy.
Alternative 2: Choose to receive settlement payment directly.
Pros: The City could directly choose to fund qualifying programs with settlement funds.
Cons: The City would be required to undertake additional accounting, reporting, and administration costs, which may not leave sufficient funds to meaningfully provide annual opioid remediation efforts.
Reason not recommended: The City can achieve the most immediate and best local results possible with the limited settlement funds available through a cooperative effort through the County.
FISCAL IMPACT:
Without an additional cost to the City, the City Council’s decision to opt into the settlement agreements will provide funding for County to run opioid abatement and remediation programs, the services of which are provided to Milpitas residents enrolled in those programs. If the City elected to directly receive these funds, it would incur additional administrative, accounting, and reporting costs in addition to whatever programmatic costs it may ultimately incur for whatever projects it may choose to fund.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The action is a fiscal activity of the City government or an action to create 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. 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. 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.
ATTACHMENT(S)
Settlement Agreements (link)
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/2/2025
Recommendation: Receive Mayor Montano's recommendations and approve and confirm recommendations for appointments to City Commissions.
BACKGROUND:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the 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.
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for her consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.
In May 2025, the City Council approved staggered term expirations for the Veterans Commission to ensure continuity of service. To accomplish this, new appointments will be randomly assigned to expire in one of three consecutive years following Council approval.
The Milpitas Commissioner Handbook states that all Commissioners are expected to attend all regular meetings. Commissioners absent from three or more meetings in a year may be subject to removal from the Commission.
ANALYSIS:
Appointments and removals are as follows:
Community Housing Commission:
1. Appoint Cecile Lam as Alternate No. 2 with an unexpired term ending January 2026.
Parks, Recreation and Cultural Resources Commission:
1. Appoint Emilee Yan-Yi Chai as Non-Voting Student Member with a term ending June 2029.
Veterans Commission:
1. Appoint Leo Garcia to a full voting seat with a term ending March 2028.
2. Reappoint Puneet Sandhu to a full voting seat with a term ending March 2027.
3. Appoint Derek Brown to a full voting seat with an unexpired term ending March 2026.
4. Reappoint William Devereux to a full voting seat with an unexpired term ending March 2028.
5. Reappoint Bruce Choy to a full voting seat with a term ending March 2026.
6. Reappoint Victorino Monzon to a full voting seat with a term ending March 2028.
7. Reappoint Reynaldo Lingad to a full voting seat with an unexpired term ending March 2027.
8. Appoint Michael Tomlin as Alternate No. 1 with an unexpired term ending March 2027.
9. Appoint Tejus Karadi as Non-Voting Student Member with a term ending March 2028.
Youth Advisory Commission:
1. Appoint Shaan Sankaran to a full voting seat with a term ending March 2027.
2. Reappoint Parnika Sadhu to a full voting seat with a term ending March 2027.
3. Appoint Samyuktha Rangarajan to a full voting seat with a term ending March 2027.
4. Appoint Vihana Gandhi to a full voting seat with a term ending March 2027.
5. Appoint Sherry Yu to a full voting seat with a term ending March 2027.
6. Appoint Vivian Martin as Alternate No. 1 with a term ending March 2028.
Measure F Oversight Committee:
1. Appoint Simrat Pabla to a full voting seat with a term ending March 2027.
All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.
ATTACHMENTS:
(a) Commission Applications
Education: If Youth Advisory
Commission applicant,
indicate your grade / school:
Field not completed.
College, Professional,
Vocational, or other schools
attended
Philippines
Major Subject Psychology
Degree Bachelor of Science
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization Field not completed.
Member Field not completed.
Name of Organization Field not completed.
Member Field not completed.
Name of Organization Field not completed.
Member Field not completed.
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Field not completed.
Officer Field not completed.
Briefly describe the personal
qualifications you possess
which you believe would be
an asset (additional
information may be
attached):
I want to give back to my community. I can offer :
1. Compassion. I can empathize with different situations and experiences of those in need of my service.
2. Commitment. I am dedicated to any cause i am supporting.
3.. Teamwork. I can collaborate with fellow volunteers and organization staff to achieve common goals.
4.. Communication. I am a good listener to cultvate trust and collaboration.
5. Positive Attitude. I always try my best to be optimistic and enthusiastic to inspire others.
Upload a File Field not completed.
Date 6/12/2025
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Name Maria Cecilia Lam
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CITY OF MILPITAS
YOUTH COMMISSION APPLICATION
_____________________________________________________
PROVIDE COMPLETE INFORMATION (in black ink) COMMISSION APPLYING FOR
If you are only applying for the Youth Commission, please indicate that on the line that states “Commission Applying for.” If you would like to serve as a nonvoting member on another commission, see instruction below. Please note that you may apply for the Youth Commission and nonvoting commissions.
The City allow one nonvoting youth to server on the commissions listed below. Please indicate by checking the boxes below which commissions you would like to serve on as a nonvoting member. Please select all commissions you are interested in. The Mayor will review your application and make appointments as appropriate.
ARTS COMMISSION
COMMUNITY ADVISORY COMMISSION
ECONOMIC DEVELOPMENT & TRADE COMMISSION
LIBRARY & EDUCATION COMMISSION
PARKS, RECREATION & CULTURAL RESOURCES COMMISSION
PUBLIC SAFETY & EMERGENCY PREPAREDNESS COMMISSION
SCIENCE, TECHNOLOGY & INNOVATION COMMISSION
SENIOR ADVISORY COMMISSION
VETERANS COMMISSION
Name: First (middle) Last
Address: Number Street (apt. # if needed) City & Zip Code
Telephone Number(s) e-mail address
Education: Please indicate your grade & school: _______________________________________
Briefly describe the personal qualifications you possess which you believe would be an asset (additional information may be attached):
I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true. _________________________ ____________________________________ Signature Date
Appointments to Commissions are made by the Mayor with the concurrence of the City Council. Applications not acted upon will expire after one year from the date submitted unless renewed by the applicant.
PLEASE BE AWARE THAT ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD E-mail, send in US mail or drop off your completed application to:
City Clerk, Milpitas City Hall 3rd floor, 455 E. Calaveras Blvd., Milpitas, CA 95035, email: [email protected] Youth Advisory Commission
The King's Academy, 8th Grade
August 6, 2025
Emilee Yan-Yi Chai
I can work with most people. I am very motivated to do a good job at things, and with any project, I wou to see a good outcome. I love planning things out, like helping to plan my friends’ birthdays. I like to ma fair, and if someone is not contributing, I will try to encourage them to contribute. I like taking things han I will go the extra mile on projects I am passionate about. I can commit to big projects. ✔
✔
✔
✔
✔
CITY OF MILPITAS – LIST OF COMMISSIONS
ARTS COMMISSION: Founded July 6, 2000. Meetings are held at 7:00 PM on fourth Mondays in alternate months in the City Hall Committee Room. The Arts Commission serves as an advisory body to the City Council on matters pertaining to supporting and promoting the arts in the City, including placement of public art. Seven members and two alternates are appointed to 3-year terms.
COMMUNITY ADVISORY COMMISSION: Founded July 20, 1954. Meetings are held at 7:00 PM on the first Wednesday each month in the City Hall Committee Room. CAC is as an advisory body on matters affecti ng Milpitas citizens, especially community improvement. CAC evaluates and makes recommendations to the City Council on issues including Citywide beautification, commun ity and neighborhood clean -up and abatement issues. T he Commission advises the Council o n recommended Community Development Block Grant funds. CAC has 7 members and 2 alternates appointed to 3-year terms.
ECONOMIC DEVELOPMENT & TRADE COMMISSION: Founded February 18, 2003. Meetings are held at 4:30 PM on the second Monday every month at th e City Hall Committee Room. EDC was established to advise the Council on business issues and to make recommendations on the design, development, and implementation of a comprehensive economic development program for the City of Milpitas. The Commission c onsists of 7 members appointed to 3 -year terms and 2 alternates appointed to 3-year terms. Members represent specific industries and business community segments in Milpitas.
ENERGY & ENVIRONMENTAL SUSTAINABILTY COMMISSION: Founded February 5, 1991. Meetings are held at 6:00 PM on third Wednesdays monthly (except July) in the City Hall Committee Room. Formerly, Recycling and Source Reduction Advisory Commission (RSRAC). Advises Council on recycling and solid waste manage ment issues. Seven members recommen d programs designed to reduce solid waste, and monitor the City’s achievement of diversion goals mandated by the state , along with other environmental issues. 7 Members and 2 alternates are appointed to serve in 3-year terms.
LIBRARY & EDUCATION COMMISSION: Founded January 17, 1961. Meetings are held at 7 :00 PM on the second Monday of January, and third Monday of March, May, September, and November at the Milpitas Library. Advises the Santa Clara County Library which operates the Milpitas Library under t he jurisdiction of a Joint Powers Authority, informs the City Council and County Librarian of community needs, and helps to determine library activities and levels of service. The Commission consists of 7 members and 2 alternates are appointed to 3-year terms.
PARKS, RECREATION & CULTURAL RESOURCES COMMISSION: Founded July 1, 1992. Meetings are held monthly at 7:00 PM on the first Monday at City Hall. PRCRC was formed when the Council combined functions of Parks & Recr eation Commission and Cultural Resources Preservation Board into one body. Advises Council on operation of recreation services and historic preservation activities, and advises in the acquisition, planning, and development of new and existing parks and fa cilities. PRCRC assists activities related to City’s cultural heritage. Commission consists of 7 members and 2 alternates appointed to 3-year terms.
PUBLIC SAFETY & EMERGENCY PREPAREDNESS COMMISSION: Founded April 23, 1988. Meetings are held at 7:00 PM on the third Thursday in January, March, May, July, September, and November at Fire Station #1 Training Room . The Commission advises the City Council regarding eme rgency preparedness and disaster planning. PS&EPC consists of 7 Commissioners plus 2 alte rnate members in 3-year terms.
SCIENCE, TECHNOLOGY & INNOVATION COMMISSION: Founded September 6, 1994. Meetings are held at 7:00 PM on 3 rd Mondays each month at City Hall Committee Room. Information technology, communications and information services offer challenges to Milpitas, so Commissioners advise on matters of te chnology policy, legislation and implementation at the local, state, and federal levels. 7 Members and 2 alternates are appointed to 3-year terms.
SENIOR ADVISORY COMMISSION: Founded April 20, 1993. Meetings are held at 1:30 PM on 4th Tuesdays of February, April, June, August, October, and December at the Barabara Lee Senior Center . Originally founded a s the Senior Advisory Committee on December 14, 1978, it served in an advisory capacity t o the Parks, Recreation, & Cultural Resources Commission. SAC advises the Council on matters pertaining to recreation and services for senior citizens in Milpitas. 7 Members and 2 alternates serve 3-year terms.
VETERANS COMMISSION: Founded December 1, 2009. Meetings are held on first Wednesdays at 5:30 PM at City Hall in February, April, June, August, October and December. 7 members and 2 alternates with 3-year terms are appointed by the City Council to advise the Council on matters pertaining to veterans in Milpitas. All Commissioners are current or retired U.S. military service members.
YOUTH ADVISORY COMMISSION: Founded May 21, 1996. Meetings are held at 7:0 0 PM on the second Thursday of each month excluding June at City Hall Committee Room . Co mmissioners must be ages 13 to 19 years, in grades 7 through 12, and live in Milpitas. YAC advises the City Council on issues involving youth and teens in Milpitas. 7 Members and 2 alternates are appointed to 3- year terms.
CITY OF MILPITAS COMMISSIONS, ALONG WITH CITY COUNCIL, DO NOT MEET IN THE MONTH OF JULY.
Thank you for your service on the Veterans Commission. Please advise if you are interested in being reappointed to another term.
Best regards,
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Jessica Jeri Chen
Deputy City Clerk
Phone (408) 586 3003
Email [email protected]
455 E. Calaveras Blvd., Milpitas CA 95035
www.milpitas.gov
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From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Thursday, January 23, 2025 11:12:50 AM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Commission Applications
Commission /
Committee Applying
for:
Veterans Commission
First Name Derek
Last Name Brown
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer
Department of Veterans Affairs
Other Phone
Business Address
(Optional)
Field not completed.
City Field not completed.
State Field not completed.
Zip Code Field not completed.
Occupation Contract Specialist
Education: If Youth Field not completed.
Advisory Commission
applicant, indicate your
grade / school:
College, Professional,
Vocational, or other
schools attended
Georgia Southern University - BS, University of Maryland University College - MS, CSU Eastbay
Major Subject Political Science
Degree BS
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization National Contract Management Association Member Member
Name of Organization California Society of Certified Public Accountants Member Member
Name of Organization Alpha Phi Alpha Fraternity Inc
Member Member
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Army
Officer Sergeant First Class
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):
I spent my entire military career as a paralegal serving in various roles, one of which was legal assistance. During my time in the service as well as a Veteran I have a unique understanding of the challenges Veterans and families have acquiring resources and support, and ways to navigate through them. I believe my current role within the VA will provide a benefit to the Commission in assisting and providing knowledge to Veteran Owned Small Businesses that are interested in applying
government contracts.
Upload a File Field not completed.
Date 1/23/2025
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Name Derek Lamar Brown
Email not displaying correctly? View it in your browser.
From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Tuesday, May 27, 2025 7:32:08 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Commission Applications
Commission /
Committee Applying
for:
Veterans Commission
First Name Michael
Last Name Tomlin
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer
Field not completed.
Other Phone Field not completed.
Business Address
(Optional)
Field not completed.
City Field not completed.
State Field not completed.
Zip Code Field not completed.
Occupation Retired
Education: If Youth Masters Degree
Advisory Commission
applicant, indicate your
grade / school:
College, Professional,
Vocational, or other
schools attended
San Jose State University & Santa Clara University
Major Subject Liberal Studies/Education
Degree BA & MA
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization American Legion
Member Member
Name of Organization California Enlisted Association of the National Guard of the United States
Member Member
Name of Organization Field not completed.
Member Field not completed.
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military US Army (active duty) & CA Army National Guard (reserves) Officer Staff Sergeant
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):
I am an Honorably Retired US Veteran. I am a resident of Milpitas. I stay informed about current issues that affect US Veterans. I am proud that the City of Milpitas has a Veterans Commission and of of the activities that the city organizes for Veterans, both living and deceased. I would like to take part in the Veterans Commission to do my part in assisting the city to continue its fine traditions.
Upload a File Field not completed.
Date 5/27/2025
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Name Michael Tomlin
Email not displaying correctly? View it in your browser.
Briefly describe the personal qualificaƟons you possess which you believe would be an asset (addiƟonal informaƟon may be aƩached):
I would like to be a member of the Youth Commission so I can have a voice in my community.
As a Scout, I've had the chance to hike and camp in many parks, and I've also volunteered at various events. These experiences have made me want to help protect the parks I enjoy and make sure they are preserved for future generaƟons.
I also volunteer at a non-profit called Inclusive World, where we help people with disabiliƟes develop their skills. Through this, I've learned about the challenges faced by kids with special needs, and I want to speak up for their rights and needs.
I also compete in Geography Bee compeƟƟons at a naƟonal and internaƟonal level. I use what I know to teach geography to elementary students through the PTA at John SinnoƩ Elementary. I want to help these kids get excited about learning and make sure they know more about subjects not widely taught. I want to be a voice for this community.
Lastly, my parents have taught me the importance of volunteering. They spend a lot of their Ɵme helping provide educaƟon to underprivileged children, and I've learned from them how rewarding and important it is to give back. I would love to bring that same passion and energy to the Youth Commission to make a posiƟve difference in our community.
Please note that I’m open to serving on any Milpitas City Commission that has a need.
Jessica Jeri Chen
Deputy City Clerk
Phone (408) 586 3003
Email [email protected]
455 E. Calaveras Blvd., Milpitas CA 95035
www.milpitas.gov
From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Monday, August 12, 2024 5:36:50 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.
Commission Applications
Commission /
Committee Applying
for:
Measure F Oversight Committee
First Name Simrat
Last Name Pabla
Address Type Residence
Address
City Milpitas
State Ca
Zip Code 95035
Phone Number
Email Address
Present Employer
WFG
Other Phone Field not completed.
Business Address
(Optional)
Field not completed.
City Field not completed.
State Field not completed.
Zip Code Field not completed.
Occupation Financial advisers services
Education: If Youth Field not completed.
Advisory Commission
applicant, indicate your
grade / school:
College, Professional,
Vocational, or other
schools attended
Medical assistance diploma from institute of technology sanjose ca
Major Subject Field not completed.
Degree Field not completed.
List community organizations to which you belong or have belonged (additional information may be attached).
Name of Organization Field not completed.
Member Field not completed.
Name of Organization Field not completed.
Member Field not completed.
Name of Organization Field not completed.
Member Field not completed.
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).
Branch of Military Field not completed.
Officer Field not completed.
Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):
Field not completed.
Upload a File simrat resume 1.pdf
Date 8/12/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.
Simrat Kaur pabla
Name
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt Ordinance No. 65.155 for 2025 California Building Codes with Amendments (Staff Contact: Bill Tott, Building Official, 408-586-3263) Category: Consent Calendar-Community Development
Meeting Date: 9/2/2025
Recommendation: Waive the second reading and adopt Ordinance No.65.155 amending Chapters 3, 3.5, 4, 5, 6,7,10,11,14,16,19, and 150 of Title II of the Milpitas Municipal Code relating to adopting by reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Mechanical Code, 2025 California Electrical Code, 2025 California Plumbing Code, 2025 California Energy Code, 2025 California Green Building Standards Code, 2025 California Wildland Urban Interface Code, 2025 California Existing Building Code, 2025 California Historical Building Code, 2025 Referenced Standards Code, 2024 International Property Maintenance Code, and 2024 International Swimming Pool and Spa Code, with amendments.
BACKGROUND:
On August 19, 2025 Council introduced Ordinance No. 65.155 at a public hearing. Notice of the public hearing was published on July 25 and August 1, 2025 pursuant to Government Code Section 6066. There were no changes to the Ordinance from the first reading; the Ordinance is now ready for its second reading and adoption.
ANALYSIS:
Adoption of the new 2025 codes will ensure that buildings and structures in Milpitas will safeguard the health, safety, and general welfare of the public. Staff recommend that the Council adopt Ordinance No. 65.155 adopting the new codes with amendments. See attachments (a) for Ordinance 65.155 and Exhibit A, and (b) for Supplemental Findings for Appendices for the 2025 Codes.
FISCAL IMPACT:
There is no cost to the City other than administrative staff time and expense. Staff training on the new codes is needed and has been planned for in the budget. Training has begun and will be ongoing.
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. 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.
ATTACHMENTS:
(a) Ordinance 65.155 and Exhibit A
(b) Supplemental Findings for Appendices for the 2025 Codes
Ordinance 65.155
REGULAR
NUMBER: 65.155
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING CHAPTERS 3, 3.5, 4, 5, 6, 7, 10, 11, 14, 16, 19, AND 150 OF TITLE II OF THE MILPITAS MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESAIDENTIAL CODE, 2024 INTERNATIONAL PROPERTY MAINTAINANCE CODE, 2025 CCALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA PLUMBING CODE, 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE, 2025 CALIFORNIA ENERGY CODE, 2025 CALIFORNIA EXISTING BUILDING CODE, 2025 CALIFORNIA WILDLAND URBAN INTERFACE CODE, 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND 2025 CALIFORNIA HISTORICAL BUILDING CODE, WITH AMENDMENTS.
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of August 19, 2025, upon motion by _________________________, and was adopted (second reading) by the City Council at its meeting of September 16, 2025 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 65.155
RECITALS:
WHEREAS, the California Building Standards Commission has adopted and published an updated Title 24 of the California Code of Regulations, also referred to as the 2025 California Building Standards Code, that will become effective statewide on January 1, 2026; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Milpitas has reviewed and intends to adopt the 2025 California Building Standards Code and the 2024 International Property Maintenance Code and 2024 International Swimming Pool and Spa Code.
WHEREAS, the City Council wishes to amend portions of the California Building Standards Code to better address local conditions and makes express findings that such amendments are reasonably necessary because of local climatic, geological or topographical conditions as set forth in this Ordinance.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the environment because the changes made to the California Building Standards Code within are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, storms, floods, high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is categorically exempt from CEQA.
SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE II Chapters 3, 3.5, 4, 5, 6, 7, 10, 11, 14, 16, 19, and 150 of Title II of the Milpitas Municipal Code are hereby amended with the text below to read as follows:
Section 4 Appeals
Ordinance 65.155
II-1-4.01
Chapter 3 – BUILDING CODE
Chapter 3 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Building Code
Section 2 – Amendments to the Building Code
Section 1 Adoption of the Building Code
II-3-1.01
The 2025 California Building Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 2 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. This adoption includes Appendix I. The 2025 California Building Code shall be designated and referred to as the “Building Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Section 2 Amendments to the Building Code
II-3-2.01 Amendments: Chapter 4
Amend Section 402.5 of the California Building Code by deleting the exception.
Amend Section 403.3 of the California Building Code by deleting all exceptions.
Amend Section 404.3 of the California Building Code by deleting all exceptions.
Amend Section 410.6 of the California Building Code by deleting all exceptions.
II-3-2.02 Amendment: Section 1505.1.3
Amend Section 1505 of the California Building Code by adding Section 1505.1.3 to read as follows:
1505.1.3 Roofing requirements for hillside construction. Class A or Class B roof covering shall be required for all hillside construction.
II-3-2.03 Amendment: Section 1705.3 Exception 1
Amend Section 1705.3 Exception 1 of the California Building Code to read as follows:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based upon a specified compressive strength, f’c , no greater than 2,500 pounds per square inch (psi) (17.2 MPa).
II-3-2.04 Amendment: Section 1808.1
Amend Section 1808.1 of the California Building Code by adding the following:
All new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless foundation design recommendation from a soils engineer is provided and the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect.
II-3-2.05 Amendment: Table 2308.10.1
Amend Table 2308.10.1 title and footnotes to read as follows:
Ordinance 65.155
1. TABLE 2308.10. 1a, f, g
2. Footnotes “f” and “g” are added to Table 2308.10.1, to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E. g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.
Chapter 3.5 – RESIDENTIAL CODE
Chapter 3.5 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Residential Code
Section 2 – Amendments to the Residential Code
Section 1 Adoption of the Residential Code
II-3.5-1.01
The 2025 California Residential Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2.5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. This adoption includes Appendix BF and Appendix BG. The 2025 California Residential Code shall be designated and referred to as the “Residential Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Section 2 Amendments to the Residential Code
II-3.5-2.01 Amendment: Section R902.1.3
Amend Section R902 of the California Residential Code by adding Section R902.1.3 to read as follows:
R902.1.3 Roofing requirements for hillside construction. Class A or Class B roof covering shall be required for all hillside construction.
II-3-3.5-2.02 Amendment: Table R602.10.3(3)
Amend Table R602.10.3(3) title and footnotes to read:
TABLE R602.10.3(3)i, j
Footnotes:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2. j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.
II-3.5-2.03 Amendment: Section R403.1
Amend Section R403.1 of the California Residential Code by adding the following:
All new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless foundation design recommendation from a soils engineer is provided and the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect
Ordinance 65.155
Chapter 4 – PROPERTY MAINTENANCE CODE
Chapter 4 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Property Maintenance Code
Section 2 – Amendments to the Property Maintenance Code
Section 1 Adoption of the Property Maintenance Code
II-4-1.01
The 2024 International Property Maintenance Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2024 International Property Maintenance Code shall be designated and referred to as the “Property Maintenance Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Section 2 – Amendments to the Property Maintenance Code
II-4-1.02
Delete Section 404.5 of the International Property Maintenance Code.
Delete Table 404.5 of the International Property Maintenance Code.
Delete Section 404.5.1 of the International Property Maintenance Code.
Delete Section 404.5.2 of the International Property Maintenance Code.
Chapter 5 – MECHANICAL CODE
Chapter 5 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Mechanical Code
Section 1 Adoption of the Mechanical Code
II-5-1.01
The 2025 California Mechanical Code, published and copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2025 California Mechanical Code shall be designated and referred to as the “Mechanical Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Chapter 6 – ELECTRICAL CODE
Chapter 6 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Electrical Code
Ordinance 65.155
Section 2 – Amendments to the Electrical Code
Section 1 Adoption of the Electrical Code
II-6-1.01
The 2025 California Electrical Code, published and copyrighted by the National Fire Protection Agency and the California Building Standards Commission in Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Annexes A, B, C, D, and F. The 2025 California Electrical Code shall be designated and referred to as the “Electrical Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Section 2 Amendments to the Electrical Code
II-6-2.01
Amend Section 230.2 of the California Electrical Code by adding subsection (F) to read as follows:
230.2(F). Underground Service. All new electrical services shall be underground and installed per Section 230.30, Underground Service-Lateral Conductors.
Exception: Relocation or replacement of existing electrical services at existing buildings.
II-6-2.02
Amend Section 230.70(A) of the California Electrical Code by adding subsection (4) to read as follows:
(4) Main Service Disconnect Location. The building’s main service disconnect and/or disconnects shall be installed on the first floor level of the building, in accordance with 230.70(A)(1), (A)(2), and (A)(3).
II-6-2.03
Amend Section 250.50 of the California Electrical Code by adding subsection (A) to read as follows:
250.50(A). Grounding System in New Buildings. Grounding electrode systems in all new buildings shall be an electrode encased by at least 50 mm (two inches) of concrete, located horizontally near the bottom or vertically, and within that portion of a concrete foundation or footing that is in direct contact with earth. The electrode shall consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars or rods, of not less than 13 mm (½ inch) diameter, or consisting of at least 6.0 m (20 feet) of bare copper conductor not smaller than 4 AWG. The connection side of this concrete-encased electrode shall be located remotely away from the main electrical service equipment.
Chapter 7 – PLUMBING CODE
Chapter 7 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Plumbing Code
Section 1 Adoption of the Plumbing Code
II-7-1.01
The 2025 California Plumbing Code, published and copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices A, B, C, D, I, and M. The
Ordinance 65.155
2025California Plumbing Code shall be designated and referred to as the “Plumbing Code” for the City of Milpitas.
There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 10 – SWIMMING POOL AND SPA CODE
Chapter 10 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Swimming Pool and Spa Code
Section 1 Adoption of the Swimming Pool and Spa Code
II-10-1.01
The 2024 International Swimming Pool and Spa Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2024 International Swimming Pool and Spa Code shall be designated and referred to as the “Swimming Pool and Spa Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Chapter 11 – ENERGY CODE
Chapter 11 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Energy Code
Section 1 Adoption of the Energy Code
II-11-1.01
The 2025 California Energy Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 6 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2025 California Energy Code shall be designated and referred to as the “Energy Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Chapter 14 – EXISTING BUILDING CODE
Chapter 14 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Existing Building Code
Section 1 Adoption of the Existing Building Code
II-14-1.01
The 2025 California Existing Building Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of the California Code of Regulations, is
Ordinance 65.155
hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices A1, A2, A3, and A5. The 2025 California Existing Building Code shall be designated and referred to as the “Existing Building Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Chapter 16 – WILDLAND URBAN INTERFACE CODE
Chapter 16 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Wildland Urban Interface Code Section 1 Adoption of the Wildland Urban Interface Code II-16-1.01
The 2025 Wildland Urban Interface Code published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 7 is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2025 Wildland Urban Interface Code shall be designated and referred to as the “Wildland Urban Interface Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Chapter 19 – GREEN BUILDING STANDARDS CODE
Chapter 19 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Green Building Standards Code Section 1 Adoption of the Green Building Standards Code II-19-1.01
The 2025 Green Building Standards Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 11 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2025 Green Building Standards Code shall be designated and referred to as the “Green Building Standards Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
Chapter 150 – HISTORICAL BUILDING CODE
Chapter 150 of Title II of the Milpitas Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:
Sections:
Section 1 – Adoption of the Historical Building Code
Section 1 Adoption of the Historical Building Code
II-150-1.01
Ordinance 65.155
The 2025 California Historical Building Code, published and copyrighted by the International Code Council, Inc. and the California Building Standards Commission in Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2025 California Historical Building Code shall be designated and referred to as the “Historical Building Code” for the City of Milpitas. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
.
SECTION 4. EXPRESS FINDINGS
Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council hereby finds that the above amendments are necessary due to local climatic, geological or topographical conditions as set forth in Exhibit A.
SECTION 5. REPEAL OF CONFLICTING ORDINANCES
Upon adoption of each new California Building Standards Code, the Ordinance adopting the previously adopted California Building Standards Code is superseded in its entirety. This Ordinance does not repeal Ordinance No. 65.153, which adopts by reference and amends the 2022 California Energy Code, Ordinance No. 65.154, which adopts by reference and amends the 2022 California Green Building Standards Code, nor Ordinance No. 113.26, which adopts by reference and amends the 2019 California Fire Code.
SECTION 6. 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 7. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its final adoption by the City Council, but no sooner than January 1, 2026. 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.
Ordinance 65.155
EXHIBIT A
FINDINGS IN SUPPORT OF AMENDMENTS
TO TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS:
LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS
Chapter 3 – BUILDING CODE
The proposed substantive amendments to the Building Code involve the following:
(1) Automatic sprinkler systems
(2) Roofing cover requirement for hillside areas
(3) Special inspection exception
(4) Foundations and foundation reinforcement
(5) Restrict use of bracing methods
The following findings support that the above amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions:
(1) Automatic sprinkler systems
Amending the Code to remove exceptions where automatic sprinklers are not required is due to Milpitas being situated in an area of high seismic activities as indicated by the United States Geological Survey and the California Division of Mines and Geology. There is a higher level of risk for significant building damage and fire due to the higher incidence and magnitude of earthquakes in this area. Maintaining a higher level of life-safety of building occupants by providing removal of exceptions to installation of automatic fire sprinkler systems is therefore required.
(2) Roofing cover requirement for hillside areas
Amending the Code to require that the roof covering for structures in the hillside area is a minimum Class B is necessary due to the climatic conditions of the area. The hillside area has a long history of high winds, with an associated higher risk of accelerated and more significant structure damage and higher potential for related casualties.
(3) Special inspection exception
Amending the Code to require special inspection for isolated spread concrete footings of buildings of three stories or less where the structural design of the footing is based upon a specified compressive strength of concrete greater than 2,500 psi is necessary due to expansive (clay) soils and seismic activity common to this geological area.
(4) Foundations and foundation reinforcement
Amending the Code to require all new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless foundation design recommendation from a soils engineer is provided, and the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect, is necessary due to expansive (clay) soils and seismic activity common to this geological area.
(5) Restrict use of bracing methods
Ordinance 65.155
Amending the Code Table 2308.6.1 with added footnotes f and g to prohibit the use of bracing methods PBS, HPS, and SFB in seismic design categories D or E, and prohibit the use of bracing methods GB, DWB and PCP in seismic design category E due to their poor performance in earthquakes. Milpitas is in seismic design category D or E with potential for frequent and more intense seismic activity
Chapter 3.5 – RESIDENTIAL CODE
The proposed substantive amendments to the Residential Code involve the following:
(1) Roofing cover requirement for hillside areas
(2) Restrict use of bracing methods
(3) Foundations and foundation reinforcement
The following findings support that the above amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions:
(1) Roofing cover requirement for hillside areas
Amending the Code to require that the roof covering for structures in the hillside area is a minimum Class B is necessary due to the climatic conditions of the area. The hillside area has a long history of high winds, with an associated higher risk of accelerated and more significant structure damage and higher potential for related casualties.
(2) Restrict use of bracing methods
Amending the Code Table R602.10.3(3) and adding footnotes i and j to restrict the use of bracing methods PBS, HPS, SFB, CS-SFB, GB, DWB and PCP in Seismic Design Categories D0, D1 and D2 due to their poor performance in earthquakes. Milpitas is in seismic design category D2.
(3) Foundations and foundation reinforcement
Amending the Code to require all new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless foundation design recommendation from a soils engineer is provided, and the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect, is necessary due to expansive (clay) soils and seismic activity common to this geological area.
Chapter 6 – ELECTRICAL CODE
The proposed substantive amendments to the Electrical Code involve the following:
(1) Requirement for all new electrical services to be underground (2) Disconnects of electrical power for each building to be in a readily accessible location on the first floor (3) Grounding systems in new buildings shall be an electrode encased in concrete
The following findings support that the above amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions:
(1) Requirement for all new electrical services to be underground
Buildings in many areas of Milpitas are located in high wind areas and flood plains. Due to these local climatic conditions, amending the Code to provide for elimination of overhead services that are inherently less safe in the event of windstorms and floods will provide a higher level of safety.
Ordinance 65.155
(2) Disconnects of electrical power for each building to be in a readily accessible location on the first floor
Amending the Code provides for a quicker means of finding the location of the main power disconnects to buildings in the event of seismic events and related potential for fire and other emergencies. This is critical as Milpitas is located in an area of high seismic activities.
(3) Grounding systems in new buildings shall be an electrode encased in concrete
Amending the Code allows significantly higher assurances that the grounding of the building electrical system will not deteriorate and fail due to the acidic and expansive properties of local soils. Other types of grounding, such as rods, will be subject to deterioration in local soils, whereas an encased electrode will not be in contact with the soils.
Providing equipment grounding conductors enhances capability of keeping electrical systems grounded, which is important in high amperage electrical services common to the City of Milpitas.
Ordinance 65.155
[Type here] [Type here] Ordinance 65.155
EXHIBIT B
SUPPLEMENTAL FINDINGS IN SUPPORT OF APPENDICES
TO TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS FOR
LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS
The following findings are in support of the Appendices that are reasonably necessary because of local climatic, geological or topographical conditions:
2025 CALIFORNIA RESIDENTIAL CODE - Appendix BG Sound Transmission Adopting Appendix BG for sound transmission is necessary due to topographic and climatic conditions.
The hillside areas have sustained high winds that are heightened by the sloped hillsides and create a significantly higher noise level, which the requirements under this appendix will help mitigate. It will also help mitigate the effects of the topographical influences on wind generated noise for the lower areas as these areas form a valley that has the effect of heightening the wind noise levels as well.
2025 CALIFORNIA PLUMBING CODE – Appendix C Alternate Plumbing Systems
Adopting Appendix C for alternate plumbing systems is necessary due to climatic conditions.
The State of California experiences numerous extreme drought conditions over great expanses of time, that trigger the imposition of sever water rationing. The City of Milpitas has had water use restrictions in place for extended periods of time due to these climatic conditions. The requirements under the appendix would help lower potable water usage through the design and implementation of engineered plumbing systems.
2025 CALIFORNIA PLUMBING CODE - Appendix M Peak Water Demand Calculation
Adopting Appendix M for use of the peak water demand calculator is necessary due to climatic conditions. The State of California experiences numerous extreme drought conditions over great expanses of time, that trigger the imposition of sever water rationing. The City of Milpitas has had water use restrictions in place for extended periods of time due to these climatic conditions. The requirements under the appendix would help lower potable water usage through the use of the peak water demand calculator which allows for smaller water supply pipes to serve more efficient plumbing fixtures.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt Ordinance No. 113.27, Adopting by Reference the 2025 Edition of the California Fire Code with Certain Local Amendments (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586-3384) Category: Consent Calendar-Public Safety
Meeting Date: 9/2/2025
Recommendation: Waive the second reading and adopt Ordinance No. 113.27, adopting by reference the 2025 Edition of the California Fire Code, to be enacted as Chapter 300, Title V of the Milpitas Municipal Code, with certain local amendments.
BACKGROUND:
The California State Building Standards Commission adopted the 2024 International Fire Code with State Amendments, known as the 2025 California Fire Code, which becomes effective for all local jurisdictions on January 1, 2026. To maintain the current level of regulation without interruption, jurisdictions must adopt the code with local amendments. As with past code adoptions, the Santa Clara County Fire Marshals Association collaborates to develop standardized amendments for use throughout the County that maintain the existing level of regulation for the protection of public health and safety
The proposed Ordinance includes certain findings necessary to locally amend portions of the California Fire Code. Such findings shall be based on but not limited to Health and Safety Code Sections 18941.5, as well as 17958.5 and 17958.7, relative to local climatic, geographical, or topographical conditions.
Ordinance No. 113.27 was introduced during the City Council Meeting on August 19, 2025. The Ordinance repeals and replaces Chapter 300 of Title V of the Milpitas Municipal Code, adopting by reference the 2025 California Fire Code along with specified local amendments.
The City Council did not request any changes to the Ordinance.
ANALYSIS:
The California Fire Code and local amendments are typically adopted every three years. The 2022 Edition of the California Fire Code with certain local amendments was adopted by the Milpitas City Council on December 6, 2022, and became effective January 1, 2023. The proposed ordinance would replace the previous adoption and allow for seamless transition with regards to regulation and enforcement historically.
The California Fire Code is Part 9 of 13 parts of the official compilation and publication of adoptions, amendment, and repeal of building regulations to the California Code of Regulations, Title 24 which is also referred to as the California Building Standards Code. The California Building Standards Code incorporates by adoption the 2024 International Fire Code of the International Code Council with necessary California Amendments.
The purpose of the California Fire Code is to establish the minimum requirements consistent with nationally recognized best practices to safeguard public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures, and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations.
The provisions of the California Fire Code shall apply to the construction, alterations, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every
building or structure or any appurtenances connected or attached to such building structures throughout the State of California.
POLICY ALTERNATIVE(S):
Alternative 1: Do Not Adopt Certain Local Amendments for the 2025 California Fire Code
Pros: None
Cons: Not adopting certain local amendments in conjunction with the 2025 California Fire Code, does not address some of the unique concerns and nuances relative to the residential, commercial, and industrial communities within the City of Milpitas.
Reason for Not Recommending: To further save lives and preserve property, as well as ensuring the highest level of public safety for the community of Milpitas, local amendments must be addressed.
FISCAL IMPACT:
Section 66014 of the California Government Code as referenced in the Health & Safety Code Section 13146, as well as the 2025 California Fire Code Sections 1.11.2.1.1, and Section 106.2, allows fire departments to charge fees for permit, inspection, and enforcement activities. The City of Milpitas Master Fee Schedule aligns with these Code Sections.
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. 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.
ATTACHMENT(S):
Draft Ordinance No. 113.27
REGULAR
NUMBER: 113.27
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS REPEALING AND REPLACING CHAPTER 300 OF TITLE V OF THE MILPITAS MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA FIRE CODE WITH
SPECIFIED LOCAL AMENDMENTS
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 Councilmember . 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
2 Ordinance No. 113.25
RECITALS AND FINDINGS:
WHEREAS, the City Council of the City of Milpitas intends to adopt by reference into the Milpitas Municipal Code the 2025 California Fire Code; and
WHEREAS, in doing so, the City Council wishes to amend portions of the California Fire Code to better address local concerns and to be consistent with amendments made by the other jurisdictions in Santa Clara County as well as neighboring counties in the Bay Area; and
WHEREAS, Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require such amendments to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City Council hereby makes the following findings with respect to the amendments to the 2025 California Fire Code and determines that there is a sufficient factual basis to justify these findings:
A. The local climatic conditions of the City of Milpitas can affect the acceleration, intensity, and size of fires.
Average annual rainfall for the City of Milpitas (approximately 14.9 inches per year), and drought conditions in the State of California require water-use restrictions and may also limit access to water during emergencies. Prevailing winds from the Northwest have velocities ranging from 5-mph to 15-mph, but the region has experienced extreme winds up to 60 mph.
Times of little rainfall and high winds can exacerbate and spread fires.
B. The local geological and topographical conditions of the City of Milpitas can affect the response time of emergency service providers. The San Francisco Bay area region is densely populated and located in an area of high seismic activities. In particular, the City of Milpitas is located near the San Andreas Fault zone, which is capable of producing major earthquakes. Should a significant seismic event occur, hazardous materials and gases may be leaked and expose members of the public to significant health risks. Severe seismic events could disrupt communications, damage gas mains, and cause extensive electrical hazards that may exacerbate the size and number of emergencies, and consequently hinder the Fire Department’s ability to respond to emergencies effectively and in a timely manner.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
The City Council finds that the amendments to the 2025 California Fire Code herein adopted are reasonably necessary because of local climatic, geological, or topographical conditions, and the above-listed findings correspond with the following amendments to the 2025 California Fire Code:
Amendment Finding(s)
101.1 Administrative
102.3 Administrative
102.4 Administrative
102.5 Administrative
103.2 Administrative
104.10 Administrative
105.1 Administrative
105.2 Administrative
105.5-105.5.67 Administrative
105.6-105.6.26 Administrative
108.2 Administrative
3 Ordinance No. 113.25
109.1-109.7 Administrative
112.1-112.3 Administrative
113.1.1-113.1.8 Administrative
202 Findings A & B
316.7 Finding A
503-503.1 Finding A
503.2.1 Finding A
503.2.4 Finding B
503.6 Finding B
503.7 Finding A
504.2 Finding B
504.3.1 Finding A
504.5 Finding A
504.6 Finding A
505.3 Finding A
507.5.1.1 Finding A
507.5.7 Finding A
508.1 Finding A
508.1.6 Finding A
510.1 Finding B
510.4 Finding B
510.5 Finding B
510.5.3 Finding B
604.1.1 Findings A & B
608.9 Finding A & B
901.6.3 Finding B
903.1.2 Findings A & B
903.2 Findings A & B
903.2.11.7 Finding B
903.3.1.1 Findings A & B
903.3.1.4 Findings A & B
903.3.5.3-903.3.5.7 Findings A & B
907.2.9.1 Findings A & B
913.7 Findings A & B
914.2.1 Findings A & B
914.3.1 Findings A & B
914.3.9-914.3.10 Findings A & B
914.4.1 Findings A & B
914.6.1 Findings A & B
916.8 Findings A & B
1103.2 Findings A & B
1207.6.1-1207.6.1.3 Findings A & B
1207.6.2-1207.6.2.1.2 Findings A & B
2807.6 Findings A & B
2808.11 Findings A & B
3307.1.2 Findings A & B
4 Ordinance No. 113.25
3307.1.3.1 Findings A & B
3306.5 Finding B
4103.1 Finding A
4103.1.1 Finding A
5001.2.2.2 Finding B
5001.5.1-5001.5.1.1 Finding B
5003.1.3.1 Finding B
5003.1.5 Finding B
5003.1.6 Finding B
5003.2.2.1-5003.2.2.2 Finding B
5003.2.9.1 Finding A & B
5003.3.1 Finding B
5003.5.2-5003.5.3 Finding B
5003.9.8 Finding B
5003.9.11 Finding B
5003.9.12 Finding B
5003.10.4.3 Finding B
5004.2.1 Findings A & B
5004.2.2 Findings A & B
5004.2.2.2 Findings A & B
5004.2.2.5 Findings A & B
5004.2.3 Findings A & B
5005.4.4 Findings A & B
5303.5.3 Finding B
5307.3.2 Finding A & B
5601.1.3 Findings A & B
5704.2.7.5.8-5704.2.7.5.9 Finding B
5707 Finding B
5707.3.3 Finding B
5707.3-5707.4 Finding B
5707.5.5 Finding B
5707.6.4-5707.6.7 Finding B
5809.3.3 Finding B
Chapter 60 Finding B
6004-6004.1.1.3 Finding B
6004.1.2-6004.1.14 Finding B
6004.2-6004.2.2.10.4 Finding B
6004.3-6004.3.3 Finding B
6405.3.1 Finding B
B105.2 Finding A & B
D101.1 Finding A
D103.1 Finding A
D103.2-D103.5 Finding A & B
D104.1-D104.2 Finding A
D105.2 Finding A
D106.1 Findings A & B
D106.2 Findings A & B
D107.1 Findings A & B
5 Ordinance No. 113.25
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal.
Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the environment because the changes made to the California Building Standard Code within are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is categorically exempt from CEQA.
SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 300 Chapter 300 of Title V of the Milpitas Municipal Code is hereby amended to read as follows:
Chapter 300
FIRE CODE
Sections:
V-300-1 Adoption of the California Fire Code, 2025 Edition V-300-2 Amendments to the 2025 California Fire Code
V-300-1.01 Adoption of the California Fire Code, 2025 Edition An Ordinance of the City of Milpitas adopting the 2025 edition of the California Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Milpitas providing for the issuance of permits and collection of fees. That a certain document, except as herein amended, one (1) copy of which is on file in the office of the City Clerk, known as the California Fire Code, including Chapter 1, Chapter 4, and Appendices B, BB, C, CC, D, H and K as published by the International Code Council, based on the International Fire Code, 2024 Edition, is hereby adopted by reference as the Fire Code for the City of Milpitas in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this Ordinance.
V-300-2.01 Amendments to the 2025 California Fire Code
Chapter 1, Scope and Administration, of the California Fire Code, 2025 Edition, is hereby adopted and amended as follows:
V-300-2.02
Section 101.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Milpitas, herein referred to as ‘this Code.’
V-300-2.03
6 Ordinance No. 113.25
Section 102.3 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
102.3 Changes in use or occupancy. No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this Code and the City of Milpitas Building Codes adopted under Title II of the Milpitas Municipal Code. Subject to the approval of the fire code official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in other groups without conforming to all of the requirements of this Code and the City of Milpitas Building Codes for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.
V-300-2.04
Section 102.4 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
102.4 Application of Building Code. The design and construction of new structures shall comply with the City of Milpitas Building Codes adopted under Title II of the Milpitas Municipal Code, and any alterations, additions, changes in use or changes in structures required by this Code, which are within the scope of the City of Milpitas Building Codes, shall be made in accordance therewith.
V-300-2.05
Section 102.5 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the City of Milpitas Building Codes adopted under Title II of the Milpitas Municipal Code, the provisions of this Code shall apply as follows:
1. Construction and design provisions: Provisions of this Code pertaining to the exterior of the structure shall apply, including, but not limited to premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devise are installed, construction permits required by Section 105.7 of this Code shall also apply.
2. Administrative, operational and maintenance provisions: All such provision of this Code shall apply.
V-300-2.06
Section 103.2 of the California Fire Code, 2025 Edition, is deleted in its entirety.
V-300-2.07
Section 104.10 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
104.10 Fire Investigations. The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition.
Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.
The fire code official and authorized members of the fire department shall have the powers of a peace officer pursuant to Penal Code Section 830.37. Other members of the fire department, as designated by the Fire Chief, may issue citations for violations of fire-related laws and ordinances pursuant to Penal Code Section 836.5.
V-300-2.08
Section 105.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.7.26.
V-300-2.09
Section 105.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
7 Ordinance No. 113.25
105.2 Application. Applications for a permit required by this Code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans as prescribed by the fire code official. Said application shall be accompanied by a fee in the amount set by Section 106.2 of this Code.
V-300-2.10
Section 105.5 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.1 through 105.5.63.
V-300-2.11
Table 105.5.9 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES1
AMOUNT (cubic feet)2 TYPE OF GAS
X 0.0283 for m3
Carbon dioxide used in carbon dioxide enrichment systems 875 (100lb) Carbon dioxide used in insulated liquid carbon dioxide beverage dispensing applications
875 (100lb)
Corrosive 200
Flammable (except cryogenic and liquefied petroleum gases) 200 Highly toxic Any amount
Inert and simple asphyxiant 200
Irritant 200
Moderately toxic 20
Other health hazards 200
Oxidizing (including oxygen) 200
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
For SI: 1 cubic foot = 0.02832m3.
1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and exceptions. 2 Cubic feet measured at normal temperature and pressure.
V-300-2.12
Tab of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
TABLE 105.5.11
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
TYPE OF CRYOGENIC FLUID INSIDE BUILDING
(gallons)
OUTSIDE BUILDING
(gallons)
Flammable More than 1 55
Inert 55 55
Oxidizing (includes oxygen) 10 50
Physical or health hazard not indicated above Any Amount Any Amount
8 Ordinance No. 113.25
For SI: 1 gallon = 3.785 L
V-300-2.13
Section 105.5.18, subsections (3.), (10.) and (11.) of the California Fire Code, 2025 Edition, are amended to read as follows:
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95L) in a building or in excess of 55 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.
10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.
11. To utilize a site for the dispensing of liquid fuels from tank vehicle into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to utilize a site for on-demand mobile fueling operations in accordance with Section 5707.
V-300-2.14
Table 105.5.22 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
TABLE 105.5.22
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Carcinogens 10 pounds
Class II and IIIA Combustible liquids
Inside
Outside
Class IIIB Combustible Liquids
25 gallons
55 gallons
55 Gallons
Corrosive materials:
Gases
Liquids
Solids
See Table 105.5.9
55 gallons
500 pounds
Cryogens See Table 105.5.11
Explosive materials Any Amount
Flammable materials:
Gases
Liquids
Solids
See Table 105.5.9
See Section 105.5.18
10 pounds
Highly toxic materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Moderately toxic gas 20 cubic feet
Organic peroxides:
Liquids: Class I-II
Liquids: Class III
Liquids: Class IV
Liquids: Class V
Solids: Class I-II
Solids: Class III
Solids: Class IV
Solids: Class V
Any Amount
1 gallon
2 gallons
No Permit Required
Any Amount
10 pounds
20 pounds
No Permit Required
9 Ordinance No. 113.25
TYPE OF MATERIAL AMOUNT
Oxidizing materials:
Gases
Liquids: Class 4
Liquids: Class 3
Liquids: Class 2
Liquids: Class 1
Solids: Class 4
Solids: Class 3
Solids: Class 2
Solids: Class 1
See Table 105.5.9
Any amount
1 gallon
10 gallons
55 gallons
Any amount
10 pounds
100 pounds
500 pounds
Other health hazards:
Liquids
Solids
55 gallons
500 pounds
Pyrophoric materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Radioactive materials:
Gases
Liquids
Solids
Any Amount
See Section 105.5.61
See Section 105.5.61
Toxic materials:
Gases
Liquids
Solids
Any amount
10 gallons
100 pounds
Unstable (reactive) materials:
Liquids
Class 4 & 3
Class 2
Class 1
Solids
Class 4 & 3
Class2
Class 1
Any Amount
5 gallons
10 gallons
Any Amount
50 pounds
100 pounds
Water-reactive materials:
Liquids
Class 3
Class 2
Class 1
Solids
Class 3
Class 2
Class 1
Any amount
5 gallons
55 gallons
Any Amount
50 pounds
500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.
V-300-2.15
Section 105.5.51 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
105.5.51 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m 2), or a canopy in excess of 400 square feet (37 m2). Smaller tents or canopies set side by side are considered as one, unless separated from each other by 10 feet on all sides.
10 Ordinance No. 113.25
Exceptions:
1. Tents used exclusively for recreational camping purposes.
V-300-2.16
Section 105.5.60 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.60 B Occupancy restaurants. An operational permit is required to operate a B Occupancy restaurant.
V-300-2.17
Section 105.5.61 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.61 Day care facility. An operational permit is required to operate a large family day care home facility, a Group E day care facility or a Group I-4 day care facility.
V-300-2.18
Section 105.5.62 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.62 Emergency responders radio coverage system. An operational permit is required to operate an emergency responders radio coverage system in accordance with Section 510.
V-300-2.19
Section 105.5.63 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.63 On-demand mobile fueling operations. An operational permit is required to conduct on-demand mobile fueling operations. An independent permit is required for the site and the vendor/mobile fuel operator.
V-300-2.20
Section 105.5.64 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.64 Private School. An operational permit is required to operate a private school Occupancy Group E or a heritage school (CA Education Code Section 33195.4).
V-300-2.21
Section 105.5.65 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.65 Radioactive materials. To store or handle at any installation more than one microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or more than 1 millicurie (37,000,000 becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license(s) from the Nuclear Regulatory Commission is required.
V-300-2.22
Section 105.5.66 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.66 Water base fire protection systems. An operational permit is required to conduct inspections, testing and maintenance of a water base fire protection system in conformance with the CA Code of Regulations, Title 19, Division 1, Chapter 5.
V-300-2.23
Section 105.5.67 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.5.67 Woodworking. An operational permit is required to conduct woodworking operations involving mass production or involving more than one of each type of machine, or where machines are used continuously (as opposed to intermittently) or substantial products of sawdust may be a problem.
11 Ordinance No. 113.25
V-300-2.24
Section 105.6 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
105.6 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.25.
V-300-2.25
Section 105.6.4 of the California Fire Code, 2025 Edition, is amended to read as follows:
105.6.4 Cryogenic fluids. A construction permit is required for the installation of or alteration to stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.5.11. Maintenance performed in accordance with this Code is not considered to be an alteration and does not require a construction permit.
V-300-2.26
Section 105.6.26 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
105.6.26 Other building permits. The Building Department shall transmit to the Fire Department a copy of each plan submitted for construction, alteration, or change of use or occupancy for all occupancy classifications for review and approval for conformance to the fire code of the City of Milpitas. The fee for each permit shall be as set by Section 108.2 of this Code.
V-300-2.27
Section 106.1.1 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
106.1.1 Electronic documents. The fire code official may require electronic base documents for all construction documents, operational permits, and/or modified drawings for the need of Fire Department inspections and/or operations.
The fire code official shall designate the software base format for the electronic documents.
V-300-2.28
Section 108.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
108.2 Schedule of permit fees. The fee for each permit shall be as set forth by resolution of the City of Milpitas City Council. The City Council may establish fees sufficient to recover its costs in administering this Code and no permit shall be issued until such fees have been paid. For work not disclosed in the fee schedule set by Council, the fire code official has the right to assess the necessary fees to recover the Fire Department’s cost.
Operational Permits. All fees for annual operational fire permits under the provision of Section 105.5 of this Chapter shall be due and payable at the time of commencement of occupancy and said permit shall expire by December 31 of the same year. Fees for the renewal of such permit(s) shall be due and payable upon the expiration of the prior permit. No permit fee hereunder shall be refundable by reason of the cessation of occupancy during the permit period. Every annual permit fee that is not paid within a period of thirty (30) days from the time the same become due is hereby declared to be delinquent, and a penalty of 100% shall be added to say fee.
V-300-2.29
Section 109.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
109.1 Inspection authority. The fire code official is authorized to inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the fire code official for the purposes of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, result in an unauthorized discharge of hazardous materials, or any violation of this Code or any other law or standard affecting fire and life safety. The fee for each inspection shall be as set forth by resolution of the City Council. The City may establish fees sufficient to recover its costs in administering this Chapter.
12 Ordinance No. 113.25
V-300-2.30
Section 109.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
109.5 Documents. Any person or party who prevents or attempts to prevent any fire code official from examining any relevant books or records in the conduct of his or her official duties under this Code shall be in violation of this Code.
V-300-2.31
Section 109.6 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
109.6 Evidence. Any person or party who prevents or interferes with the preservation of evidence of any violation of any of the provisions of this Code or of the rules and regulations promulgated pursuant to this Code or any other Federal, State, or local law, rule, or regulation shall be in violation of this Code.
V-300-2.32
Section 109.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
109.7 Interference. Any person or party who willfully prevents, interferes with, or attempts to hinder in any way the work of the fire code official in the lawful enforcement of any provision of this Code, or fails to promptly permit entry for the purpose of inspection and examination pursuant to this Code shall be in violation of this Code.
V-300-2.33
Section 112.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
112.1 Appeals. Whenever the Fire Chief or his or her designee disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the City Council or designee within ten (10) calendar days from the date of the decision appealed. Appeals shall be carried out pursuant to the provisions of Section 5 Appeals to Council of Chapter 20 Standard Procedures of Title I of the Milpitas Municipal Code. An appeal shall stay all proceedings in furtherance of the act or decision appealed unless the Fire Chief or his or her designee whose act is appealed shall certify in writing that a stay would, in his or her opinion, cause peril to life or property. Said certificate shall contain a detailed statement of the facts of which said peril arises and of the reasons for said opinion. The decision of the City Council or designee shall be final.
V-300-2.34
Section 112.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
112.2 Limitations on authority. An application for appeal shall be based on a claim that the intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equivalent method of protection or safety is proposed.
V-300-2.35
Section 112.3 of the California Fire Code, 2025 Edition, is deleted in its entirety.
112.3 Qualifications. This section is deleted.
V-300-2.36
Section 113.1.1 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
113.1.1 Abatement of fire and life safety hazards by fire code official. If any person fails to comply with the orders of the fire code official, or if the fire code official is unable to locate the owner, operator, occupant or other person responsible within a reasonable time, the fire code official or any authorized representative may take such steps as are necessary to abate the hazard for the protection of the public safety. In no event is notice necessary before abatement, when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessment on the subject property.
13 Ordinance No. 113.25
V-300-2.37
Section 113.1.2 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
113.1.2 Criminal or civil penalty for violation; payment of funds to account. Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this Code in any manner authorized by this section or by any other law, including but not limited to issuance of criminal citations, referral to the District Attorney, referral to the City Attorney, referral to other appropriate agencies, administrative actions and civil actions.
V-300-2.38
Section 113.1.3 hereby added to the California Fire Code, 2025 Edition, to read as follows:
113.1.3 Misdemeanors – continuing violations. Any person who violates any of the provisions of this Code, any of the provisions of any written authority of the City Manager or his or her duly authorized agents and representatives or any provision of any permit issued pursuant to this Code shall be guilty of an infraction/misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued or allowed shall be a separate offense. Penalties for violations shall be as set forth by resolution of the City Council.
V-300-2.39
Section 113.1.4 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
113.1.4 Prosecution. Every violation of this Code shall be a misdemeanor; provided, however, that where the City Attorney or his or her duly authorized agents has determined that such action would be in the best interest of justice, the City Attorney may specify in the accusatory pleading, citation or amendment thereto that the violation shall be prosecuted as an infraction.
V-300-2.40
Section 113.1.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
by:
113.1.5 Penalty for infraction. Each and every violation of this Code, which is deemed an infraction, is punishable (1) A fine not exceeding one hundred dollars ($100.00) for the first violation; (2) A fine not exceeding two hundred dollars ($200.00) for the second violation of the same provision within one-year period; or,
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation, after the second, of the same provision of this Chapter within a one-year period of the first violation.
V-300-2.41
Section 113.1.6 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
113.1.6 Penalty for misdemeanor. Each and every violation of this Code, which is deemed a misdemeanor, is punishable by a penalty of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a period not exceeding six (6) months, or, by both penalty and imprisonment.
V-300-2.42
Section 113.1.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
113.1.7 Enforcement authority. The following designated employee positions may enforce the provisions of this Code by issuance of citations. Peace officers and persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this Code. The designated employee positions are: the City Manager or his or her duly authorized agents and representatives.
V-300-2.43
Section 113.1.8 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
14 Ordinance No. 113.25
113.1.8 Civil penalties. Any person who intentionally, accidentally or negligently violates any provision of this Code, any written authority of the City Manager or his or her duly authorized agents and representatives, or any provision of any permit issued pursuant to this Code may be civilly liable to the City in the sum of not less than one hundred dollars ($100.00) but not to exceed one thousand dollars ($1,000.00) per day for each day in which such violation occurs or continues.
The City may petition the municipal or superior court to impose, assess, and recover such sums. The civil penalty provided in this Section excludes inspection costs and abatement costs, is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under state and federal law and local ordinances. Funds collected pursuant to this Section shall be paid to the City's Fire Prevention account, which shall be a holding account to be used solely for Fire Code enforcement, fire prevention and hazardous materials training, and for the purchase of equipment as needed for the performance of the fire code official duties.
V-300-2.44
Section 202 of the California Fire Code, 2025 Edition, is amended by adding the following definitions:
CARCINOGEN is a substance that causes the development of cancerous growths in living tissue. A chemical is considered a carcinogen if:
1. It has been evaluated by the International Agency for Research on Cancer and found to be a carcinogen or potential carcinogen,
2. It is listed as a carcinogen or potential carcinogen in the latest edition of the Annual Report on Carcinogens published by the National Toxicology program, or
3. It is regulated by OSHA as a carcinogen.
CORROSIVE LIQUID. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or
2. any liquid having a pH of 2 or less or 12.5 or more; or
3. any liquid classified as corrosive by the U.S. Department of Transportation; or
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.
DEVICE is an appliance or piece of equipment that plays an active part in the proper functioning of the regulated systems.
Examples include, but are not limited to the following: smoke detectors, heat detectors, flame detectors, manual pull stations, horns, alarms, bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, control panels, transponders, and other such equipment used to detect, transmit, initiate, annunciate, alarm, or respond according to the system design criteria.
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied.
MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate quantity of highly toxic, toxic or moderately toxic gas in a control area which, due to the minimum aggregate quantities, need only comply with the requirements set forth in Section 6004.1.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.
OTHER HEALTH HAZARD MATERIAL is a material which is an irritant, sensitizer, or carcinogen or a material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney
15 Ordinance No. 113.25
damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage) or teratogens (effect on fetuses).
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.
SENSITIZER is a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical.
SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.
TEMPORARY shall not exceed one year.
WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials with a hazard rating of 3 or 4 in accordance with NFPA 704 where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and other processing and scientific equipment.
V-300-2.45
Section 316.7 is hereby added to the California Fire Code, 2025 Edition, as follows:
316.7 Roof guardrails at interior courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through.
Exception: Where the roof opening is greater than 600 square feet in area.
V-300-2.46
Section 503 of the California Fire Code, 2025 Edition is adopted and Section 503.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.7, Appendix D of this Code, and or as directed by the fire code official.
V-300-2.47
Section 503.2.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) or as required by Appendix D, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception: When there are not more than two Group R, Division 3 or Group U occupancies less than 3 stories, the access road width may be modified by the fire code official.
V-300-2.48
Section 503.2.4 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
16 Ordinance No. 113.25
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 28 feet (8534.4 mm) inside, and a minimum of 48 feet 6 inches (14782.8 mm) outside.
V-300-2.49
Section 503.6 the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation.
The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm) , and 14 feet (4268 mm) for single-family dwellings.
V-300-2.50
Section 503.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
503.7 Adjacent access. No source of access from lands adjoining a property to be developed shall be considered fire apparatus access roads, unless there is obtained the irrevocable and unobstructed rights and recorded as an ingress/egress access easement with the County of Santa Clara.
V-300-2.51
Section 504.2 of the California Fire Code, 2025 Edition, is hereby adopted.
V-300-2.52
Section 504.3.1 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
504.3.1 Number of stairways. The fire code official shall determine the required number and location of stairway(s) to the roof.
V-300-2.53
Section 504.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
504.5 Enclosed courts. Buildings with enclosed courts shall be provided with readily accessible access for fire department personnel to bring in a 36 feet long ground ladder into the court. The access height and width shall be large enough to accommodate the ladder and the personnel carrying the ladder.
V-300-2.54
Section 504.6 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
504.6 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the fire code official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress.
V-300-2.55
Section 505.3 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
505.3 Address illumination. All required address numbers shall be provided with illumination.
V-300-2.56
Section 507.5.1.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
17 Ordinance No. 113.25
507.5.1.1 Hydrant for automatic fire sprinkler and or standpipe systems. Buildings equipped with an automatic fire sprinkler system and or a standpipe system installed in accordance with Sections 903 and or 905 shall have a fire hydrant within 50 feet of the fire department connections.
Exception: The distance shall be permitted to exceed 50 feet (30 m) where approved by the fire code official.
V-300-2.57
Section 507.5.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
507.5.7 Private hydrants. Private hydrants shall have the bottom 6 inches of the hydrant painted, with a weather resistive paint, white in color.
V-300-2.58
Section 508.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
508.1 General. Where required by other sections of this Code and in all R-1 buildings with more than 200 rooms, R-2 buildings with more than 100 dwellings, and buildings classified as high-rise buildings by the California Building Code and Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shal1 be provided and shall comply with Sections 508.1.1 through 508.1.7.
V-300-2.59
Section 508.1.6 of the California Fire Code, 2025 Edition, is amended by adding the following:
20. A locking key box, approved by the fire code official, large enough for ten (10) sets of master keys.
21. Ten (10) sets of master keys for the building.
22. A complete set of architectural, electrical, mechanical and plumbing plans for the building.
V-300-2.60
Section 510.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
510.1 Emergency responder communications enhancement systems in new buildings. Approved radio coverage for emergency responders shall be provided within all buildings meeting any one of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the Building Code Section 202);
2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more;
4. Where required by the fire code official and radio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1
Exceptions:
1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is not needed.
3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.
4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system.
18 Ordinance No. 113.25
The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of this Code and with the applicable provisions of NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems.
The coverage shall be based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.
V-300-2.61
Section 510.4 of the California Fire Code, 2025 Edition, is amended to read as follows:
510.4 Technical requirements. Systems, components, and equipment required to provide emergency responder radio coverage systems shall comply with the current Emergency Responders Radio Coverage Systems Standard Details and Specifications enforced by the Milpitas Fire Department.
V-300-2.62
Section 510.5 of the California Fire Code, 2025 Edition, is amended to read as follows:
510.5 Installation requirements. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems Standard Details and Specification enforced by the Milpitas Fire Department.
V-300-2.63
Section 510.5.3 first paragraph of the California Fire Code, 2025 Edition, is amended to read as follows:
510.5.3 Acceptance test procedure and system certification. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent. Final system acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee. The test procedure shall be conducted in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage System Standard Details and Specification enforced by the Milpitas Fire Department.
V-300-2.64
Section 604.1.1 hereby added to the California Fire Code, 2025 Edition, to read as follows:
604.1.1 New elevators. All new passenger service elevators shall meet the medical service elevator requirements in the California Building Code, 2025 Edition, Chapter 30.
V-300-2.65
Section 608.9 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
608.9 Refrigerant detection. Machinery rooms, cold storage rooms, and refrigerator boxes having the circuit capacity of section 608.7 shall be provided with a refrigerant detector with an audible and visible alarm. Where ammonia is used as the refrigerant, detection shall comply with IIAR 2. For refrigerants other than ammonia, refrigerant detection shall comply with Section 608.9.1.
V-300-2.66
19 Ordinance No. 113.25
Section 901.6.3 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
901.6.3 Records. Records of all system inspections, tests, and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years and shall be electronically submitted to the fire code official by the company that performed the inspection, testing or maintenance in a manner prescribed by the fire code official.
V-300-2.67
Section 903.1.2 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
903.1.2 Fire Walls and Fire Barriers. Fire walls and fire barriers shall not be considered to create separate buildings for the purpose of automatic fire sprinkler requirements as set forth in Chapter 9 of this Code.
Exception: Buildings separated by continuous fire wall of 4-hour fire resistive construction without openings or penetrations. Buildings required to have automatic fire sprinkler protection as set forth in Section 13113 of Health and Safety Code are prohibited from using fire walls in lieu of automatic fire sprinkler protection.
V-300-2.68
Section 903.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
903.2 Where Required. Approved automatic fire sprinkler in new and existing buildings and structures shall be provided in the locations described in this Section or per the requirements set forth in Sections 903.2.1 through 903.2.20, whichever is the more restrictive:
1. In other than residential buildings which require the installation of fire sprinkler for all new buildings according to the California Residential Code, an automatic fire sprinkler shall be provided throughout all new buildings and structures greater than 1,000 square feet of building area.
Exception: Group S-2 or U occupancies used exclusively for vehicle parking and which meet all of the following:
a. Noncombustible construction.
b. Maximum building area not to exceed 5,000 square feet. Structures with less than 10’ horizontal separation are considered as one.
c. Structure is open on three (3) or more side.
d. Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with California Building Code.
2. An automatic fire sprinkler shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the building area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.21.
3. An automatic fire sprinkler shall be provided throughout existing Group R occupancies when additions are made that increase the building area to more than 3,600 square feet, or when the Building Department determines that the home needs to comply with the current CA Building Codes due to extensive remodel/renovation.
4. Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved fire automatic fire sprinkler system.
1. Life Safety – Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities with non-ambulatory
20 Ordinance No. 113.25
V-300-2.69
2. Fire Risks – High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).
Section 903.2.11.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection.
NFPA 45, section 7.10.1 approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:
3. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled
4. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.
V-300-2.70
Section 903.3.1.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this Code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 80 except as provided in Section 903.3.1.1.1 and 903.3.1.1.3.
For a new building having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher density, the sprinkler system shall be augmented to meet the higher density.
V-300-2.71
Section 903.3.1.4 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
903.3.1.4 One sprinkler design. One sprinkler head design shall not be permitted.
V-300-2.72
Section 903.3.5.3 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
903.3.5.3. Riser location. The fire sprinkler system riser shall not be located within electrical rooms or storage closets and shall be provided with clear access and working clearance. The fire sprinkler system riser location shall be approved by the fire code official.
V-300-2.73
Section 903.3.5.4 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
903.3.5.4 Number of water supplies. For buildings and or structures over 200,000 square feet, the fire code official may require more than one source of water supply.
V-300-2.74
Section 903.3.5.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
903.3.5.5 Automatic fire sprinkler riser system. The automatic fire sprinkler riser system shall be a manifold type system and shall meet the design requirements of the NFPA 13 Standards.
V-300-2.75
Section 903.3.5.6 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
21 Ordinance No. 113.25
903.3.5.6 Water supply safety margin. Hydraulic design for the automatic fire sprinkler system shall provide a minimum 10% safety margin.
V-300-2.76
Section 903.3.5.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
903.3.5.7 Automatic fire sprinkler pipe velocity. The automatic fire sprinkler system shall be designed to a maximum 20 feet per second water flow.
Exception: The fire code official may grant higher water velocity for existing buildings when supported by mechanical engineering design done by a California registered engineer.
V-300-2.77
Section 907.2.9.1 of the California Fire Code, 2025 Edition, is amended to delete the following:
907.2.9.1 Manual fire alarm system. Exception 3. is deleted.
V-300-2.78
Section 913.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
913.7 Fire Pump standby power. Power supply from local utility provider is not considered a reliable source of power. Standby power is required for electrical or natural gas fire pumps.
V-300-2.79
Section 914.2.1 of the California Fire Code, 2025 Edition, is amended to delete the exception:
914.2.1 Automatic fire sprinkler system exception is deleted.
V-300-2.80
Section 914.3.1 of the California Fire Code, 2025 Edition, is amended to delete the exception:
914.3.1 Automatic fire sprinkler system exception is deleted.
V-300-2.81
Section 914.3.9 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
914.3.9 Anchor devices. Anchor repelling devices meeting the Fire department requirements shall be placed on the roof for Fire department use.
V-300-2.82
Section 914.3.10 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
914.3.10 Helicopter pad. High-rise buildings greater than 150’ in height (above the lowest level of Fire department access) may be required to provide a helicopter pad, which meets the requirements of the Fire department.
V-300-2.83
Section 914.4.1 of the California Fire Code, 2025 Edition, is amended to delete the exceptions:
914.4.1 Automatic sprinkler systems exceptions 1 and 2 are deleted.
V-300-2.84
Section 914.6.1 of the California Fire Code, 2025 Edition, is amended to delete the exceptions:
914.6.1 Automatic Sprinkler Systems exceptions 1 and 2 are deleted.
22 Ordinance No. 113.25
V-300-2.85
Section 916.8 of the California Fire Code, 2025 Edition, is amended to read as follows:
916.8 System activation. A gas detection alarm shall be initiated where any sensor detects a concentration of gas exceeding the following thresholds:
1. For flammable gases, a gas concentration exceeding 25 percent of the lower flammability limit (LFL).
2. For nonflammable gases, a gas concentration exceeding one-half of the 1DLH, unless a different threshold is specified by the section of this code requiring a gas detection system.
Upon activation of a gas detection alarm, alarm signals or other required responses shall be as specified by the section of this code requiring a gas detection system. Audible and visible alarm signals associated with a gas detection alarm shall be distinct from fire alarm and carbon monoxide alarm signals.
The audible alarm signals shall be in accordance with 907.5.2.1.1 and 907.5.2.1.2. The visual alarm notification appliances shall be in accordance with 907.5.2.3.
V-300-2.86
Section 1103.2 of the California Fire Code, 2025 Edition, is hereby adopted.
V-300-2.87
Section 1207.6.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
1207.6.1 Exhaust ventilation. Where required by Table 1207.6 or elsewhere in this code, exhaust ventilation of rooms, areas and walk-in units containing electrochemical ESS shall be provided in accordance with the California Mechanical Code, Sections 1207.6.1.1 or 1207.6.1.2, and 1207.6.1.3. 1207.6.1.1 Ventilation based on LFL. The exhaust ventilation system shall be designed to limit the maximum concentration or flammable gas to 25 percent of the lower flammable limit (LFL) of the total volume of the room, area, or walk-in unit during the worst-case event of simultaneous charging of batteries at the maximum charge rate, in accordance with nationally recognized standards.
1207.6.1.2 Ventilation based on exhaust rate. Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute (cfm) per square foot [0.00508 m3/ (s · m2)] of the floor area, but not less than 150 cfm (4 m3/min). The exhaust system shall be designed to provide air movement across all parts of the floor for gases having a vapor density greater than air and across all parts of the vault ceiling for gases having a vapor density less than air. 1207.6.1.3 Exhaust ventilation failure. Failure of exhaust ventilation system shall automatically disengage the charging system.
V-300-2.88
Section 1207.6.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
1207.6.2 Spill control and neutralization. Where required by Table 1207.6 or elsewhere in this code, areas containing free-flowing liquid electrolyte or hazardous materials, shall be provided with spill control and neutralization in accordance with this section.
1. 1207.6.2.1 Spill Control. Spill control shall be provided to prevent the flow of liquid electrolyte or hazardous materials to adjoining rooms or areas. The method shall be capable of containing a spill for the single largest battery or vessel.
1207.6.2.1.1 Spill control design. The spill control shall be designed and constructed in accordance with 5004.2.1.
23 Ordinance No. 113.25
1207.6.2.1.2 Spill control monitoring. Spill control systems shall be monitored in accordance with 5004.2.2.5.
V-300-2.89
Section 2807.6 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
2807.6 Fire protection water supply system. An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall be provided for open storage yards and processing areas. Hydrant systems shall be installed in accordance with NFPA 24 adopted by this Code.
V-300-2.90
Section 2808.11 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
2808.11 Fire protection water supply system. An approved fire protection water supply and hydrant system suitable for the fire hazard involved shall be provided for open storage yards and processing areas. Hydrant systems shall be installed in accordance with NFPA 24 adopted by this Code.
V-300-2.91
Section 3307.1.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
3307.1.2 Stairways required. Each level above the first story in new multi-story buildings that requires two (2) exit stairways shall be provided with at least two (2) usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two (2) floor levels shall be enclosed (with openings adequately protected) after the exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.
Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two (2) contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).
V-300-2.92
Section 3307.1.3.1 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
3307.1.3.1 Required means of egress. All new buildings under construction shall have a least one unobstructed means of egress. All means of egress shall be identified in the prefire plan per Section 3308.2.
V-300-2.93
Section 3306.5 of the California Fire Code, 2025 Edition, is amended to read as follows:
3306.5 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved, except as provided in Section 105.3.4.
In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible. Immediately upon the completion of sprinkler pipe installation on each complete wood framed floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior audible waterflow alarm shall bell can be installed and connected to the sprinkler waterflow device prior to installation of the monitoring system. For the purpose of this requirement, complete wood frame means the installation of a sub-floor, roof sheeting or any other horizontal material that covers the top of the subject floor level.
24 Ordinance No. 113.25
For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary. Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The General contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service.
V-300-2.94
Section 4103.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
4103.1 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are permitted to be used in one and two- family dwellings, where operated and maintained in accordance with the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.
V-300-2.95
Section 4103.1.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
4103.1.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies, and rooftops.
V-300-2.96
Section 5001.2.2.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
5001.2.2.2 Health hazards. The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
V-300-2.97
Section 5001.5.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
5001.5.1 Hazardous materials management plan (HMMP). Where required by the fire code official, an application for a hazardous materials permit in accordance with Section 105.6 of this code shall include a Hazardous Materials Management Plan (HMMP).
The HMMP shall include the following:
a. Information consistent with that outlined in Sections H1, H2 and H3 of Appendix H of this code. b. A facility site plan designating the following:
1. Access to each storage and use area.
2. Location of emergency equipment.
3. Location where liaison will meet emergency responders.
4. Facility evacuation meeting point locations.
5. The general purpose of other areas within the building.
25 Ordinance No. 113.25
6. Location of all above-ground and underground tanks and their appurtenances including, but not limited to, sumps, vaults, below-grade treatment systems and piping.
7. The hazard classes in each area.
8. Locations of all control areas and Group H occupancies.
9. Emergency exits.
The HMMP shall be readily available onsite.
[For SFM] The HMMP shall comply with Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4.
V-300-2.98
Section 5001.5.1.1 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5001.5.1.1 Submittal frequency. Facilities required to maintain a hazardous materials permit shall submit an updated or recertified HMMP within 12 months of the previous submittal, or within 30 days of a change, whichever occurs first.
Exceptions: The following facilities may submit an updated HMMP within 36 months of the previous submittal if no reportable changes have occurred:
1. Cell tower sites with no hazardous materials related permits other than a permit for a battery system.
2. Facilities with no hazardous materials related permits other than a permit for carbon dioxide used in an insulated liquid carbon dioxide beverage dispensing system.
3. Facilities with no other hazardous materials related permits other than a permit for a fixed medical gas system.
V-300-2.99
Section 5003.1.3.1 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5003.1.3.1 Highly toxic, toxic, moderately toxic gases and similarly used or handled materials. The storage, use and handling of highly toxic, toxic and moderately toxic gases in amounts exceeding Table 6004.1 shall be in accordance with this Chapter and Chapter 60. Any highly toxic, toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for highly toxic, toxic or moderately toxic gases.
V-300-2.4100
Section 5003.1.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5003.1.5 Other health hazards. The storage, use and handling of materials classified as other health hazards in amounts exceeding 200 cubic feet for gases, 55 gallons for liquids and 500 pounds for solids shall be in accordance with Section 5003.
V-300-2.101
Section 5003.1.6 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5003.1.6 Additional spill control and secondary containment requirements. In addition to the requirements set forth in Section 5004.2, an approved spill control and containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature and pressure (NTP), where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.
V-300-2.102
Section 5003.2.2.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
5003.2.2.1 Design and construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following:
26 Ordinance No. 113.25
1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and the Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing, and provided with ready access at the following locations:
3.1.1.The point of use.
3.1.2.The tank, cylinder or bulk source.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be identified and the location shall have access clearly visible and indicated by means of a sign.
5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig ) (103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.
Exceptions:
1 Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Table 6004.1.
Secondary containment includes, but is not limited to double walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum.
V-300-2.103
Section 5003.2.2.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
5003.2.2.2 Additional regulation for supply piping for health hazard materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in accordance with NFPA 704 shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of highly toxic, toxic or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.
3. All primary piping for highly toxic, toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.
27 Ordinance No. 113.25
Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.11.7.4 of the California Building Code as required for Group H, Division 5 Occupancies.
V-300-2.104
Section 5003.2.9.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
5003.2.9.1 Equipment, devices and systems requiring testing. The following equipment, systems and devices shall be tested in accordance with Sections 5003.2.9 and 5003.2.9.2.
1. Gas detection systems, alarms and automatic emergency shutoff valves required by Section 6004.2.2.10 for highly toxic, toxic and moderately toxic gases.
2. Limited control systems from liquid level, temperature and pressure required by Section 5003.2.7, 5003.4.8 and 5005.1.4.
3. Emergency alarm systems and supervision required by Section 5004.9 and 5005.4.4.
4. Monitoring and supervisory systems required by Section 5004.10 and 5005.1.6.
5. Manually activated shutdown controls required by Section 6403.1.1.1 for compressed gas systems conveying pyrophoric gases.
6. Leak detection sensors required by sections 5003.1.6 (MMC V-300-2.101) and 5004.2.2.5.
V-300-2.105
Section 5003.3.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
5003.3.1 Unauthorized discharges. In the event hazardous materials are released in quantities reportable under state, federal or local regulations or when there is a release or a threatened release that presents a threat to health, property or the environment, the fire code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
V-300-2.106
Section 5003.5.2 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5003.5.2 Ventilation ducting. Ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.
V-300-2.107
Section 5003.5.3 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.
V-300-2.108
Section 5003.9.8 of the California Fire Code, 2022 Edition, is amended to read as follows:
5003.9.8 Separation of incompatible materials. Incompatible materials in storage and storage of materials that are incompatible with materials in use shall be separated. When the stored materials are in containers having a capacity of more than 5 pounds (2 kg), 0.5 gallon (2 L), or any amount of compressed gases, separation shall be accomplished by:
1. Segregating incompatible materials in storage by a distance of not less than 20 feet (6096 mm) and in an independent containment system.
2. Isolating incompatible materials in storage by a noncombustible partition extending not less than 18 inches (457 mm) above and to the sides of the stored material.
3. Storing liquid and solid materials in hazardous material storage cabinets.
4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 5003.8.5 and 5003.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure.
28 Ordinance No. 113.25
V-300-2.109
Section 5003.9.11 is hereby added to the California Fire Code, 2025 Edition to read as follows:
5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using hazardous materials.
Combustible and non-combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an approved automatic fire extinguishing system in accordance with Section 2703.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed 500 ml.
V-300-2.110
Section 5003.9.12 hereby added to the California Fire Code, 2025 Edition, to read as follows:
5003.9.12 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.
V-300-2.111
Section 5003.10.4.3 of the California Fire Code, 2025 Edition, is amended to read as follows:
5003.10.4.3 Highly toxic, toxic and moderately toxic, gases shall be limited to a container of a maximum water capacity of 1 lb.
V-300-2.112
Section 5004.2.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for storage of hazardous material liquids, shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor and/ or outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.
V-300-2.113
Section 5004.2.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
5004.2.2 Secondary containment for hazardous material liquids and solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section.
V-300-2.114
Table 5004.2.2 of the California Fire Code, 2025 Edition is hereby deleted.
V-300-2.115
Section 5004.2.2.2 is hereby amended to the California Fire Code, 2025 Edition, to read as follows:
29 Ordinance No. 113.25
5004.2.2.2 Incompatible materials. Incompatible materials shall be separated from each other in independent secondary containment systems.
V-300-2.116
Section 5004.2.2.5 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
5004.2.2.5 Monitoring. An approved monitoring method shall be provided to detect hazardous materials in the spill control and secondary containment systems and to verify that the provisions of this Code for the storage and handling of hazardous materials are addressed. Monitoring shall be recorded at least once per week. The monitoring method is allowed to be visual inspection of the primary or secondary containment, or other approved means. Where secondary containment is subject to the instruction of water, a monitoring method for detecting water shall be provided. Where monitoring devices are provide, they shall be connected to approved visual or audible alarms.
V-300-2.117
Section 5004.2.3 of the California Fire Code, 2025 Edition, is amended to read as follows:
5004.2.3 Containment pallets. Combustible containment pallets shall not be used inside buildings to comply with Section 5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids.
Where used as an alternative to spill control and secondary containment for outdoor storage in accordance, with the exception in Section 5004.2, containment pallets shall comply with all of the following:
1. A liquid-tight sump accessible for visual inspection shall be provided;
2. The sump shall be designed to contain not less than 66 gallons (250L);
3. Exposed surfaces shall be compatible with material stored;
4. Containment pallets shall be protected to prevent collection of rainwater within the sump of the containment pallet.
V-300-2.118
Section 5005.4.4 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
5005.4.4 Dispensing, use and handling. When hazardous materials having a hazard ranking of 3 or 4 in accordance with NFPA 704, or toxic or moderately toxic gases exceeding 405 cu. ft. and any amount of highly toxic compressed gases are transported through corridors or exit enclosures, there shall be an emergency telephone system, a local manual alarm station or an approved alarm-initiating device at not more than 150-foot (45,720 mm) intervals and at each exit and exit- access doorway throughout the transport route. The signal shall be relayed to an approved central, proprietary or remote station service or constantly attended on-site location and shall also initiate a local audible alarm.
V-300-2.119
Section 5303.5.3, method 1. of the California Fire Code, 2025 Edition, is amended to read as follows:
1. Securing containers, cylinders and tanks to a fixed object with one or more noncombustible restraints.
V-300-2.120
Section 5307.3.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
5307.3.2 Gas detection system. Where ventilation is not provided in accordance with Section 5307.3.1, a gas detection system complying with Section 916 shall be provided in rooms or indoor areas and in below-grade outdoor locations with insulated carbon dioxide systems, and where the carbon dioxide tubing connects to the beverage dispensing system. Carbon dioxide sensors shall be provided within 12 inches (305 mm) of the floor in an area where the gas is expected to accumulate or other approved locations. The system shall be designed as follows:
1. Activates an audible and visible supervisory alarm at a normally attended location upon detection of a carbon dioxide concentration of 5,000 ppm (9000 mg/m3).
30 Ordinance No. 113.25
2. Activates an audible and visible alarm within the room or immediate area where the system is installed upon detection of carbon dioxide concentration of 30,000 ppm (54000 mg/m3).
V-300-2.121
Section 5601.1.3 of the California Fire Code 2025 Edition, is amended to read in its entirety as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.
Exception: The use of fireworks for fireworks displays as allowed in Section 5608.
V-300-2.122
Section 5704.2.7.5.8 of the California Fire Code, 2025 Edition, is amended to read as follows:
5704.2.7.5.8 Overfill prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5, item 1, sub-item (1.1)
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.
V-300-2.123
Section 5704.2.7.5.9 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5704.2.7.5.9 Automatic filling of tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.
V-300-2.124
Section 5707 of the California Fire Code, 2025 Edition, is hereby adopted and amended as follows:
V-300-2.125
Section 5707.3.3 of the California Fire Code, 2025 Edition, is amended as follows:
5707.3.3 Site plan.
A site plan shall be developed for each location or area at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate the following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4. Solar photovoltaic parking lot canopies.
5. Appurtenances on-site and their use or function.
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9. Information regarding slope, natural drainage, curbing and impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
V-300-12.126
31 Ordinance No. 113.25
Section 5707.4 of the California Fire Code, 2025 Edition, is amended to read as follows:
5707.4 Mobile fueling areas. Mobile fueling shall not occur on public streets, public ways, any residential street, or inside buildings. Fueling on the roof level of parking structures or other buildings is prohibited.
V-300-2.127
Sections 5707.6.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
5707.6.7 Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle shall be provided. Such bonding means shall be employed during fueling operations.
V-300-2.128
Section 5809.3.4 is hereby amended to the California Fire Code, 2025 Edition, to read as follows:
5809.3.3 Site plan. For other than emergency roadside service, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient detail to indicate:
1. All buildings and structures.
2. Lot lines and property lines.
3. Solar photovoltaic parking lot canopies.
4. Appurtenances on site and their use and function.
5. All uses adjacent to the lot lines of the site.
6. Hydrogen fueling locations.
7. The scale of the site plan.
V-300-2.129
Chapter 60 of the California Fire Code, 2025 Edition, is amended to read as follows:
HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC GASES
6001.1 Scope. The storage and use of highly toxic, toxic and moderately toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.11.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer’s instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the US Environmental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.
V-300-2.130
Section 6004.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
32 Ordinance No. 113.25
6004.1 General. Materials stored or used as a gas whether or not the material meets the definition of a compressed gas, and meets the definition of a highly toxic, toxic and moderately toxic gas shall comply with Section 6004.
The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1.
Table 6004.1
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
V-300-2.131
Section 6004.1.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic and moderately toxic gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
V-300-2.132
Section 6004.1.1.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.1.1.1 Group A, E, I or U occupancies. Highly toxic, toxic and moderately toxic gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
V-300-2.133
Section 6004.1.1.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.1.1.2 Group R occupancies. Highly toxic, toxic and moderately toxic gases shall not be stored or used in Group R occupancies.
V-300-2.134
Section 6004.1.1.3 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, toxic and moderately toxic gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
V-300-2.135
Section 6004.1.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic and moderately toxic gases shall comply with Section 5003.8.6 and the following requirements:
1. The average ventilation velocity at the face of gas cabinet access ports or windows shall not be less than 200 cubic feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s) at any point of the access port or window.
2. Gas cabinets shall be connected to an exhaust system.
3. Gas cabinets shall not be used as the sole means of exhaust for any room or area.
4. The maximum number of cylinders located in a single gas cabinet shall not exceed three, except that cabinets containing cylinders not exceeding 1 pound (0.454 kg) net contents are allowed to contain up to 100 cylinders.
33 Ordinance No. 113.25
5. Gas cabinets required by Section 6004.2 or 6004.3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire-extinguishing systems shall not be used.
V-300-2.136
Section 6004.1.3 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.6 and the following requirements:
1. The average ventilation velocity at the face of the enclosure shall not be less than 200 feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s).
2. Exhausted enclosures shall be connected to an exhaust system.
3. Exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
Exhausted enclosures required by Section 6004.2 or 6004.3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire-extinguishing system shall not be used.
V-300-2.137
Section 6004.1.4 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.4 Automatic shut-off valve. If gas monitoring is not provided, an automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of toxic and moderately toxic gases upon failure of the required gas cabinet or exhausted enclosure ventilation.
An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highly toxic gases for any of the following:
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
An automatic shutoff valve is not required if a manual shutoff valve at the source is readily accessible and the process is continuously attended and supervised by a qualified individual.
V-300-2.128
Section 6004.1.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.5 Emergency control station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an approved location.
V-300-2.139
Section 6004.1.6 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.6 Maximum threshold quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 6004 of this Code.
34 Ordinance No. 113.25
Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity. in a single vessel per control area or outdoor control area shall comply with the additional requirements for toxic gases of Section 6004 of this Code.
The following formula shall be used to calculate the maximum threshold quantity:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
V-300-2.140
Section 6004.1.7 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.7 Reduced flow valve. All containers of highly toxic and toxic materials other than lecture bottles containing highly toxic material and having a vapor pressure exceeding 29 psia shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source.
V-300-2.141
Section 6004.1.8 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.8 Fire extinguishing systems. Buildings and areas for the storage and use of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in accordance with Section 5004.5.
V-300-2.142
Section 6004.1.9 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.9 Local gas shut off. Manual activation controls shall be provided for highly toxic and toxic gases at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design.
V-300-2.143
Section 6004.1.10 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.10 Exhaust ventilation monitoring. For highly toxic and toxic gases exceeding threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area.
V-300-2.144
Section 6004.1.11 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.11 Emergency response plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official.
V-300-2.145
Section 6004.1.12 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.12 Cylinder leak testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally
35 Ordinance No. 113.25
recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected.
V-300-2.146
Section 6004.1.13 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.13 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems shall be located in an approved gas cabinet unless the system operates by vacuum demand.
V-300-2.147
Section 6004.1.14 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.1.14 Seismic shutoff valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than or equal to 3000 parts per million upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of
0.3G (1.47 m/sec2) and a period of 0.4 seconds.
V-300-2.148
Section 6004.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.2 Indoor storage and use. The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.4.
V-300-2.149
Section 6004.2.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.5.
V-300-2.150
Section 6004.2.1.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.2.1.1 Quantities not exceeding the maximum allowable quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.2.1.4 and 6004.2.1.5.
V-300-2.151
Section 6004.2.1.4 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.
V-300-2.152
Section 6004.2.1.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.2.1.5 Quantity exceeding the minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.2 and Chapter 50.
V-300-2.153
Section 6004.2.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
36 Ordinance No. 113.25
6004.2.2 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic and toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.4.
Moderately toxic gases with an LC50 less than or equal to 3000 parts per million shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.3.
Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7.
Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).
V-300-2.154
Section 6004.2.2.7 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.2.2.7 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures, gas rooms and local exhaust systems required in Section 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Section 509 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is not required for cylinders, containers and tanks in storage when all of the following are provided:
1.1. Valve outlets are equipped with gas-tight outlet plug or caps.
1.2. Hand wheel-operated valves have handles secured to prevent movement.
1.3. Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.
V-300-2.155
Section 6004.2.2.8 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.2.2.8 Emergency power. For highly toxic and toxic gas systems, emergency power, in accordance with Section 1203, shall be provided for the following:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
5. Temperature control system.
6. Fire alarm system.
7. Emergency alarm system.
V-300-2.156
Section 6004.2.2.10 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.2.2.10 Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of a highly toxic or toxic gas at or below the PEL or ceiling limit of the gas for which detection is provided.
In occupied areas where gas cabinets or exhausted enclosures are not provided, the fire code official may require a cyclical basis at intervals not to exceed 5 minutes.
The system shall be capable of monitoring the discharge from the treatment system at or below one-half the IDLH limit and shall initiate a response in accordance with Sections 6004.2.2.10.1 through 6004.2.2.10.3 if the gas detection system is activated.
37 Ordinance No. 113.25
Exception: A gas detection system is not required for toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.
V-300-2.157
Section 6004.2.2.10.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.2.2.10.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location when a short-term hazard condition is detected. The alarm shall be both visual and audible and shall provide warning both inside and outside the area where the gas is detected. The audible alarm shall be distinct from all other alarms.
Exception: Signal transmission to a constantly attended control station is not required where not more than one cylinder of highly toxic, toxic or moderately toxic gas is stored.
V-300-2.158
Section 6004.2.2.10.2 of the California Fire Code, 2025 Edition is amended to read as follows:
6004.2.2.10.2 Shut off of gas supply. The gas detection system shall automatically close the shutoff valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.
Exception: An automatic shutdown is not required for reactors utilized for the production of highly toxic, toxic or moderately toxic compressed gases where such reactors are:
1. Operated at pressures less than 15 pounds per square inch gauge (psig) (103.4kPa).
2. Constantly attended.
3. Provided with emergency shutoff valves that have ready access.
V-300-2.159
Section 6004.2.2.10.4 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.2.2.10.4 Emergency alarm. The indoor storage or use of highly toxic or toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall also comply with Sections 5004.9 and 5005.4.4.
V-300-2.160
Section 6004.3 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.3 Outdoor storage and use. The outdoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.3.1 through 6004.3.4.
V-300-2.161
Section 6004.3.1 of the California Fire Code, 2016 Edition, is amended to read as follows:
6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.3.1.1 through 6004.3.1.5.
V-300-2.162
Section 6004.3.1.1 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.3.1.1 Quantities not exceeding the maximum allowable quantity per control area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 5003.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.3.1.4 and 6004.3.1.5.
V-300-2.163
Section 6004.3.1.4 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
38 Ordinance No. 113.25
6004.3.1.4 Quantities not exceeding minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set for in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.
V-300-2.164
Section 6004.3.1.5 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6004.3.1.5 Quantity exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.3 and Chapter 50.
V-300-2.165
Section 6004.3.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.3.2 General outdoor requirements. The general requirements applicable to the outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.2.1 through 6004.3.2.4.
Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.
Moderately toxic gases with an LC 50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.4.
Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(4).
V-300-2.166
Section 6004.3.3 of the California Fire Code, 2025 Edition, is amended to read as follows:
6004.3.3 Outdoor storage weather protection for portable tanks and cylinders. Weather protection in accordance with Section 5004.13 and this section shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1.
V-300-2.167
Section 6405.3.1 is hereby added to the California Fire Code, 2025 Edition, to read as follows:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.
V-300-2.168
Appendix B105.2 of the California Fire Code, 2025 Edition, is amended to read as follows:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses.
The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.
Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
39 Ordinance No. 113.25
2. Safety roadside rest areas (SRRA), public restrooms.
3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).
V-300-2.169
Section D101.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of this Code.
V-300-2.170
Section D103.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm). See Figure D103.1. Only conditions with 26 feet roads are applicable.
Exception: The fire code official may approve other condition that provides equivalent access.
V-300-2.171
Section D103.2 through D103.5 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 inside, and a minimum of 50 outside.
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4, as approved by the fire code official.
TABLE D103.4
REQUIREMENTS FOR DEAD-END
FIRE APPARATUS ACCESS ROADS
Length (Feet) Width (feet) Turnarounds Required
0-150 26 Not required, unless determined necessary by the fire code official 151-500 26 120-foot Hammerhead, 60-foot “Y” or 96-foot-diameter cul-de-sac in accordance with Figure D103.1
500-750 26 120-foot Hammerhead, 60-foot “Y” or 96-foot-diameter cul-de-sac in accordance with Figure D103.1
Over 750 Special approval required.
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: the fire apparatus access roads shall comply with all of the following criteria:
1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 20 feet (6096 mm).
2. Gates shall be of the horizontal swing, horizontal slide, vertical lift or vertical pivot type.
3. Construction of gates shall be of materials that allow manual operation by one person.
4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.
40 Ordinance No. 113.25
5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access.
Emergency opening devices shall be approved by the fire code official.
6. Methods of locking shall be submitted for approval by the fire code official.
7. Electric gate operators, where provided, shall be listed in accordance with UL 325.
8. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
V-300-2.172
Section D104.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
D104.1 Buildings with two or more fire apparatus access roads. Buildings or facilities exceeding 30 feet (9144 mm), or three stories in height, or 50,000 square feet (5760m2) shall be provided with at least two means of fire apparatus access for each structure.
V-300-2.173
Section D104.2 of the California Fire Code, 2025 Edition, is deleted in its entirety.
V-300-2.174
Section D105.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm) in the immediate vicinity of any building or portion of building more than 30 feet (9144) in height.
Exception: The Fire Code Official may approve the use of other usable space/area that provides equivalent required width.
V-300-2.175
Section D106.1 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
D106.1 Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.
V-300-2.176
Section D106.2 of the California Fire Code, 2025 Edition, is amended to read in its entirety as follows:
D106.2 Projects having more than 200 dwelling units. For Multiple-family residential projects having more than 200 units, the fire code official may require more than two fire apparatus access roads.
V-300-2.177
Section D107.1 of the California Fire Code, 2025 Edition, exceptions No. 1 and No. 2 are deleted.
SECTION 4. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 5. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt an Ordinance Approving Zoning Text and Zoning Map Amendment ZA25-0001 to Comprehensively Update the Zoning Ordinance (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Category: Consent Calendar-Community Development
Meeting Date: 9/2/2025
Recommendation: Determine that the Environmental Impact Report (EIR) Addendum adequately analyzes the potential environmental impacts associated with the proposed Zoning Amendments and is in compliance pursuant to CEQA Guidelines §15162 and §15164; and waive the second reading and adopt Ordinance No. 38.858 approving Zoning Text and Zoning Map Amendment No. ZA25-0001 to comprehensively update the Zoning Ordinance and achieve consistency between the Zoning Ordinance and Zoning Map.
BACKGROUND:
This Ordinance was introduced at the City Council meeting held on August 12, 2025. The Ordinance is now ready for its second reading and adoption.
FISCAL IMPACT:
The updated Zoning Ordinance is expected to have a positive long-term fiscal impact for the City. Because the amendments would support incremental improvements to, and investments in, existing residential, commercial, and industrial properties, as well as supporting high-quality new development, the updated Zoning Ordinance would tend to increase property values over time and to encourage new and expanded commercial and industrial businesses. In the future, this would likely result in increased property, business, and sales tax revenue for the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
An EIR Addendum to the Final Environmental Impact Report (FEIR) for the Milpitas 2040 General Plan was prepared and published on June 5, 2025. This “Phase 2 Addendum” is in addition to the previous EIR Addendum prepared and approved in April 2024 for Phase 1 of the Comprehensive Zoning Ordinance Update.
The Phase 2 Addendum finds the impacts of the proposed project remain consistent with the impacts previously analyzed in the certified General Plan FEIR. The Phase 2 Addendum further concludes that proposed General Plan amendment and zoning ordinance and zoning map amendments do not require any substantial revisions to the General Plan FEIR, and that no new significant information or changes in circumstances surrounding the proposed project have occurred since the certification of the General Plan FEIR. The Addendum demonstrates that the previous analysis completed for the General Plan Update FEIR remains adequate under CEQA; therefore, no further environmental review is required.
ATTACHMENT(S):
(a) Ordinance No. 38.858
REGULAR
NUMBER: 38.858
TI
TLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS
ADOPTING A COMPREHENSIVE UPDATE TO THE ZONING
ORDINANCE, INCLUDING THE ADDITION OF A NEW TITLE XIII –
ZONING TO THE MILPITAS MUNICIPAL CODE, REPEAL OF THE
EXISTING ZONING ORDINANCE (TITLE XI, CHAPTER 10) AND
AMENDMENTS TO VARIOUS OTHER SECTIONS OF THE MUNICIPAL
CODE FOR CONSISTENCY WITH THE UPDATED ZONING
ORDINANCE; AND AMENDING THE ZONING MAP OF THE CITY OF
MILPITAS TO ACHIEVE CONSISTENCY BETWEEN THE UPDATED
ZONING ORDINANCE AND ZONING MAP.
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES
:
NOES
:
ABS
ENT:
ABS
TAIN:
ATTES
T: APPROVED:
_______
_________________________ ______________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APP
ROVED AS TO FORM:
_______
_________________________________
Christopher Creech, Acting City Attorney
RECITALS AND FINDINGS:
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Zoning Ordinance and Zoning Map; and WHEREAS, on March 9, 2021, the Milpitas City Council adopted the Milpitas 2040 General Plan, updating and revising the land use policies, goals, and objectives contained in the City’s previous General Plan; and
WHEREAS, the City’s Zoning Ordinance was originally adopted in 1955 and has not been comprehensively updated since 2008; and
WHEREAS, the City wishes to adopt a comprehensive update to the Zoning Ordinance in order to modernize the code , improve its clarity, and make it more user friendly ; to incorporate changes to implement various City policy documents, including the Climate Action Plan and the 2023-2031 Housing Element; to update regulations and standards for consistency with changes in state and federal law; and to promote more compact, mixed-use and transit-oriented development in appropriate areas of Milpitas; and
WHEREAS, the City has prepared a Zoning Text and Zoning Map Amendment (“Amendments”) to comprehensively update the Zoning Ordinance and to make corresponding changes to the Zoning Map and other sections of the Milpitas Municipal Code; and WHEREAS, pursuant to Milpitas Municipal Code §§ XI-10-57.02(G)(3), the City Council finds the Zoning Amendments set forth herein to be consistent with the General Plan, and WHEREAS, per Milpitas Municipal Code § XI -10-57.02(G)(3), the City Council likewise finds that the Zoning Amendments set forth herein will not adversely affect the public health, safety and welfare, because the amendments will provide clear , modern, and legally compliant requirements for new development and for modifications and expansions of existing buildings and sites, thereby improving the quality, appearance, and livability of the built environment and advancing numerous City goals rela ted to community design, sustainable transportation, environmental quality, and economic development; and
WHEREAS, on March 9, 2021, a Final Environmental Impact Report ( FEIR) (SCH # 2020070348) was certified for the Milpitas 2040 General Plan in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, an Addendum to the certified Milpitas 2040 General Plan FEIR was published on June 5, 2025, which concluded that the impacts of the proposed Zoning Text and Map Amendments remain consistent with the impacts previously analyzed in the Environmental Impact Reports, and therefore no further environmental analysis pursuant to CEQA is required; and
WHEREAS, on June 11, 2025, the Planning Commission held a duly noticed public hearing on the subject application, considered evidence presented by City staff and other interested parties, and adopted Resolution 25- 007 recommending that the City Council approve Zoning Amendment ZA25-0001 and adopt the Comprehensive Zoning Ordinance Update Phase 2 Addendum to the General Plan FEIR (SCH # 2020070348) related thereto; and WHEREAS, all legal prerequisites to the adoption of this ordinance and the City Council’s review and approval of the Zoning amendments and CEQA review contained herein have been met.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council . Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and determines that th e potential environmental effects of the proposed Amendments have been adequately reviewed and analyzed . An Addendum to the Final Environmental Impact Report (FEIR) for the Milpitas 2040 General Plan (State Clearinghouse No:
2020070348) was published on June 5, 2025. The Addendum finds that the impacts of the proposed project remain consistent with the impacts previously analyzed in the certified General Plan FEIR .
The Addendum further concludes that proposed project does not require any substantial revisions to the General Plan FEIR or Metro Specific Plan SFEIR, that no new significant information or changes in circumstances surrounding the proposed project have occurred since the certification of the General Plan FEIR or Metro Specific Plan SFEIR , and that the previous analysis completed for the General Plan Update FEIR and Metro Specific Plan SFEIR remains adequate under CEQA. The City Council therefore finds that its actions are consistent with CEQA and State CEQA guidelines and that no additional environmental review is required. The City Council approves and adopts this Addendum as if fully set forth herein.
SECTION 3. ZONING TEXT AND MAP AMENDMENT FINDINGS (XI-10-57.02) The City Council finds based upon the full record before it that all findings and prerequisites required for the Zoning Text and Zoning Map amendments proposed have been met, including those set forth in the Government Code, including Sections 65850 et seq., and Milpitas Municipal Code, including Section XI-10-57.02. The City Council makes the following further and specific findings based on the evidence in the public record in support of Zoning Amendment No. ZA25-0001:
A. The proposed amendment is consistent with the General Plan.
The proposed updated Zoning Ordinance includes many changes to ensure consistency with
the General Plan. These include code revisions related to policies in the 2023-2031 Housing Element to address topics such as emergency shelters, low barrier navigation centers, supportive housing, single -room occupancy housing, and employee and farmworker housing. In addition, density standards for some zones (R2, R3, MHP, and MXD3) and FAR standards for some zones (C1, M1, M2, and MP) have been modified and increased to be consistent with the policies in the General Plan Land Use Element. Transportation Demand Management provisions for larger development projects have been added to the Zoning Ordinance, consistent with policies in the General Plan Circulation Element.
B. T
he proposed amendment will not adversely affect the public health, safety and welfare.
The proposed zoning changes will not adversely affect public health, safety and welfare – in fact, the updated zoning regulations will promote safety, community health, and well - being in Milpitas because they provide clear and specific requirements for new development and modifications/expansions of existing buildings and sites that w ill improve the quality, appearance, and livability of new development. By improving development outcomes for property owners and adjacent residents and businesses, the proposed zoning amendments would advance numerous City goals related to community design, sustainable transportation, environment, and economic development.
S
ECTION 4. ADOPTION OF MILPITAS MUNICIPAL CODE TITLE XIII T
itle XIII – Zoning of the Milpitas Municipal Code is hereby added to read as follows:
Chapter A.2 Title and Purpose
Sections:
A.2.010 Title
A.2.020 Authority
A.2.030 Purpose
A.2.040 Applicability
A.2.050 Relationship to the General Plan
A.2.060 Zoning Map
A.2.070 Severability
A.2.010 Title
Title XIII of the City of Milpitas Municipal Code shall be known and cited as the “Milpitas Zoning Ordinance” and shall be referred to herein as this “Title.”
A.2.020 Authority
This Title is adopted in accordance with the authority vested in the City of Milpitas , including by the California Constitution and the City’s zoning and police power s, and consistent with the authority established in the Planning and Zoning Law (California Government Code section 65000 et seq.), California Environmental Quality Act (California Public Resources Code section 2100 et seq.), and California Health and Safety Code.
A.2.030 Purpose
This Title is enacted in order to promote the public health, safety, comfort, and general welfare, to enable appropriate and orderly development, and to ensure social and economic stability within the various zones established by the provisions of this Title. More specifically, th is Title is adopted to achieve the following objectives:
A. Provide standards for the orderly growth and development of the city, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community; B. Achieve the arrangement of land uses depicted in the Milpitas General Plan, consistent with the goals and policies of the General Plan;
C. Enhance the appearance of the city and promote high-quality design; D. Preserve and enhance the quality of life and character of residential neighborhoods; E. Stabilize and conserve the value of property;
F. Provide adequate light, air, and reasonable access;
G. Incorporate sustainability practices and ensure climate resiliency;
H. Promote economic growth and the creation of jobs;
I. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreation areas;
J. Allow for public participation in government decision -making regarding land use and development in a manner consistent with state law; and
K. Define the duties and power of administrative bodies and officers responsible for administering and implementing this Title.
A.2.040 Applicability
A. Applicability to Property. This Title shall apply, to the extent permitted by law, to all property within the corporate limits of the City, including all uses, structures, and land owned by any private person, firm, corporation or organization, or local, state , or federal agenc y, unless exempted consistent with Subsection A.2.040.I (Exemptions).
B. Minimum Requirements. The provisions of this Title shall be minimum requirements for the promotion of public health, safety, and general welfare. Where this Title provides for more discretion on the part of a City official or body (i.e., a Review Authority), that discretion may be exercised to impose more stringent requirements than set forth in this Title as may be necessary to promote orderly land use development and the purposes of this Title.
C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, reconstructed, maintained, occupied, enlarged, altered, demolished, or moved in any zone, except in compliance with all the provisions, including development and performance standards, of this Title, and any permit s issued , unless exempted consistent with Subsection A.2.040.I (Exemptions). The temporary or transitory nature of a use does not exempt it from this requirement.
D. Conflicting Regulations. The regulations of this Title and requirements or conditions imposed in accordance with this Title shall not supersede any other regulations or requirements adopted or imposed by the City Council (Council), the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this Title. All uses and development authorized by this Title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this Title and any other regulation or requirement, the more restrictive provision shall control.
E. Private Agreements. This Title shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this Title imposes greater restriction than imposed by an easement, covenant, or agreement, this Title shall control. The City shall not be responsible for monitoring or enforcing private agreements.
F. Prior Zoning Ordinance. The provisions of this Title supersede all prior ordinances codified in Milpitas Municipal Code Chapter XI-10 (Zoning) and any amendments. No provisions of this Title shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Title and is in compliance with all other regulations.
G. Effect on Previously Approved Projects and Projects in Progress.
1. Previously Approved Land Use Authorization. This Title shall not interfere with, repeal, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply unless the applicable Review Authority specifically repeals the allowance, requirement, or condition consistent with this Title.
2. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Department as complete for processing prior to the adoption of this Title may be processed according to the requirements of this Title or the prior Zoning Ordinance (Chapter XI -10) upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of the adoption of this Title. If the request is to apply the prior Zoning Ordinance (Chapter XI-10), at least one action must be taken by the Review Authority within 210 days of the effective date of the adoption of this Title . The same process shall be followed for amendments to this Title.
H. Application During Local Emergency. The Council may authorize a deviation from any provision of this Title during a local emergency declared and ratified consistent with California Government Code section 8630 et seq. The Council may authorize a deviation by resolution without notice or public hearing.
I. Exemptions.
1. This Title shall not apply to the City, including any buildings, improvements, lots, or premises owned, leased, operated, or controlled by the City, any development project by the City, or any business or service performed or offered by the City. This exemption does not apply other than to the City, including those leasing premises from the City.
2. Any governmental agency other than the City shall be exempt from the provisions of this Title only to the extent that such property may not be lawfully regulated by the City according to applicable law.
A.2.050 Relationship to the General Plan
This Title implements the goals and policies of the Milpitas General Plan by regulating the use of land and structures within the city. This Title and the General Plan shall be consistent with one another. Any permit, license, or approval issued in accordance with this Title must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Title and the General Plan, the General Plan shall control.
A.2.060 Zoning Map
A. Zoning Map and t his Title. The designations, locations , and boundaries of the base zones and overlays established in this Title shall be shown on the Zoning Map of the City. The Zoning Map as amended or changed from time to time, together with all notations, references, data , and other information, is adopted and made a part of this Title. Any amendment or rezoning of a property or properties from one zone to another zone shall constitute an amendment to this Title and shall be so referenced in the Zoning Map amendment.
B. Time Limit. If in accordance with the provisions of this Title, changes are made to zone boundaries, zone classifications, or other matters set forth on the Zoning Map, such changes shall be entered on the Zoning Map within 30 days following the effective date of the change.
C. Uncertainty of Boundaries. Refer to Section A.4.020.C (Interpretation of Zone Boundaries) if the boundaries of any zone(s) shown on the Zoning Map are uncertain.
D. Maintenance of Zoning Map. The Zoning Map shall be kept on file in the office of the Planning Director and shall be maintained in electronic format by the City, as authorized by the Director.
A.2.070 Severability
If any S ection, sentence, clause, phrase, word, portion, or provision of this Title is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other Section, sentence, clause, phrase, word, portion, or provision of this Title which can be given effect without the invalid provision. The invalidation of the application of any Section, sentence, clause, phrase, word, portion, or provision of this Title to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such Section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.
Chapter A.4 Rules of Interpretation
Sections:
A.4.010 Purpose
A.4.020 General Interpretation
A.4.030 Interpreting Language and Numbers
A.4.010 Purpose
This Chapter provides the specific rules that explain how to interpret this Title and how to perform calculations and measurements that are required to implement this Title.
A.4.020 General Interpretation
A. Interpretation of this Title.
1. Intent. No matter how carefully constructed, this Title will require interpretation in its day-to-day administration. In adopting this Title, it is the intent of the City to interpret and administer this Title in a reasonable fashion consistent with the public interest of the residents of the city.
2. Director Interpretation. Where there is uncertainty regarding the interpretation of any provision of this Title or its application to a specific site, the Director shall determine the interpretation of the provision consistent with this Subsection. a. An interpretation may be initiated by the Director, by an applicant consistent with Subsection D.2.040.B.1 (Applicant), or by any interested party. b. An interpretation initiated by an applicant shall be processed in compliance with Chapter D.2 (Procedures) as applicable.
c. The Director’s determination shall be issued in writing. d. The determination of the Director may be appealed in accordance with the provisions of Section D.2.040.N (Appeals).
e. Nothing shall limit the authority of the Director to revise, reconsider, or otherwise modify or rescind any interpretation previously made.
3. Controlling Provisions. In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements guided by the following:
a. Where this Title imposes a greater restriction than is imposed or required by other rules, regulations, or ordinances or easements, covenants, agreements, or entitlements, the provisions of this Title shall control. b. Where other rules, regulations, or ordinances or easements, covenants, agreements, or entitlements impose greater restrictions or more specific standards than those of this Title, the greater restriction or more specific standard shall control.
c. Where provisions of this Title are in conflict, the more specific regulations shall apply over the more general; where provisions of this Title remain in conflict, the more restrictive provisions shall apply.
B. Conflict between Text and Figure. In the event of a difference or conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text shall control.
C. Interpretation of Zone Boundaries. Where there is uncertainty regarding the location of a zone boundary or other feature shown on the Zoning Map, the following rules shall be used to resolve the uncertainty:
1. Review of t he legal description of the lot or lots referenced by the assessor’s parcel number of any prior rezoning and/or the existing Zoning Map.
2. Unless otherwise clearly indicated on the Zoning Map, zone boundaries shall coincide with property lines and centerlines of alleys, lanes, streets, highways, streams, and/or railroads.
3. Where a public street is officially vacated or abandoned, the property that was formerly in the street shall be included within the zone of the adjoining property on either side of the centerline of the vacated or abandoned street.
4. For parcels containing two or more zones, the location of the zone boundary shall be determined by the Director , and the applicable regulations for each zone shall apply based on the zone boundary.
5. Where the location of the zone boundaries cannot be determined by the above rules, the boundaries shall be located by using the scale on the Zoning Map.
D. References to Other Laws.
1. Where this Title references applicable provisions of other laws (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable law provisions as they may be amended from time to time.
2. Unless otherwise indicated, all references are to California and local laws (e.g., the California Government Code, California Subdivision Map Act, California Public Resources Code).
E. Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, t he deadline shall be extended to the close of business on the next working day.
F. Calendar Year. All references to years are to calendar years, unless otherwise indicated.
G. Determination of Similar Use.
1. Each zone establishes a list of primary uses and accessory uses which are permitted, permitted with a Minor Conditional Use Permit or permitted with a Conditional Use Permit, see Section D. 4.030 (Use Permits) , or not allowed . Occasionally, uses may be proposed which are not specifically listed in the u se tables in Part XIII-B ( Zone Regulations).
2. The Director may administratively determine when an unlisted use is proposed in a zone that the proposed use is similar to an appropriate use category where the uses are clearly
similar in character to those uses listed , consistent with the purposes of the zone and General Plan, and not detrimental to the public health, safety, or welfare . A use determined to be similar shall apply to the zone uniformly regardless of location.
3. When a proposed, but unlisted, use is determined to be similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining what approvals are required and what standards and requirements of this Title apply.
A.4.030 Interpreting Language and Numbers
A. Interpretation of Words and Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all connected words or provisions shall apply.
2. “And/or” indicates that the connected words or provisions may apply singularly or in any combination.
3. “Including” or “includes” indicates “including, but not limited to.” Any listing or examples that follow the word “including” or “includes” connotes an illustrative list or set of examples, one purposefully capable of enlargement, and does not imply that the list or examples are exhaustive or otherwise limit any preceding or subsequent word s or phrases.
4. “Or” indicates that compliance with any of the series of connected words or provisions is sufficient.
5. “Either…or” indicates that the connected words or provisions shall apply singularly, but not in combination.
6. The words “shall ,” “should,” “will,” “must,” “is to ,” and “are to” are always mandatory and not discretionary , except when applied to the City, including its officers, officials, employees, or agents, in which case these words are directory only and not mandatory.
7. “May” is permissive and discretionary.
8. Unless the context clearly indicates otherwise, words in the present and future tense are interchangeable.
9. Unless the context clearly indicates otherwise, words in the singular and plural are interchangeable.
B. Undefined Terms. The Director shall make an interpretation for any definition not expressly identified in this Title.
C. Fractions. Whenever this Title requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
1. General Rounding. Fractions of one -half or greater shall be rounded up to the nearest whole number, and fractions of less than one-half shall be rounded down to the nearest whole number, except as otherwise provided.
2. Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density in accordance with California Government Code section 65915 or any successor statute, any fractional number of permitted bonus density units shall be rounded up to the next whole number.
Chapter A.6 Rules of Measurement
Sections:
A.6.010 Purpose
A.6.020 General Provisions
A.6.030 Measuring Lot Width and Depth
A.6.040 Measuring Average Slope and Natural Land Slope
A.6.050 Measuring Distances
A.6.060 Measuring Setbacks
A.6.070 Measuring Floor Area
A.6.080 Determining Floor Area Ratio
A.6.090 Measuring Height and Number of Stories
A.6.100 Measuring Signs
A.6.010 Purpose
The purpose of this Chapter is to explain how various measurements referred to in this Title are determined.
A.6.020 General Provisions
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Director.
A.6.030 Measuring Lot Width and Depth
A. Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The Director shall determine lot width for irregular lots.
B. Lot Depth. Lot depth is measured along a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
FIGURE A.6.030-1 : MEASURING LOT WIDTH AND DEPTH
A.6.040 Measuring Average Slope and Natural Land Slope
Measuring average slope and natural land slope apply within the “H” Hillside Combining District and is determined as described in Section B.22.030 (Maximum Allowable Densities and Minimum Lot Sizes).
A.6.050 Measuring Distances
A. Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.
B. Distances are Measured Horizontally. When determining the dimensions for setbacks and structures, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These dimension s are not measured by following the topography or slope of the land.
C. Measurements Involving a Structure. Measurements involving a structure are made to the closest structural support element (e.g., a building support pillar, a building support column, etc.) of the structure. Structures or portions of structures that are entirely underground are ex cluded from the measured dimension.
D. Measurements of Minimum Distance. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject property, in all directions.
E. Measurement of Vehicle Queuing or Travel Areas. Measurement of the minimum dimensions for stacking lanes or the setback to a garage entrance are measured on the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or travel lane.
A.6.060 Measuring Setbacks
A. General Setback Measurement. A line defining a required setback is parallel to and at the specified distance from the corresponding front, side, or rear lot line as defined in Chapter E.2 (Definitions of Terms). If not otherwise described in this Title, the Director shall determine setback measurements for irregular lots.
B. Setbacks Abutting Planned Street Expansions. If a property abuts an existing or proposed street for which the existing right-of-way is narrower than the right -of-way ultimately required for the street, the required setback shall be established from the future right- of-way rather than the property line.
A.6.070 Measuring Floor Area
The floor area of a building is measured as the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the exterior face of exterior walls or from the centerline of a shared wall separating two buildings.
A. Included in Floor Area.
1. All habitable space (as defined in the Building Code) including, but not limited to, all living space (bedrooms, bathrooms, kitchens, hallways, interior walkways, corridors, common space, etc.) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions of buildings.
2. If no walls exist, the area covered by the roof excluding two feet on each side of the structure to allow for a standard roof projection.
3. In the case of a multi-story building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
B. Excluded from Floor Area. Floor area does not include the following:
1. Mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building’s gross floor area;
2. Bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater;
3. Porches where at least one of the longest dimensions is unenclosed;
4. Accessory structures (e.g., shed) with a gross floor area of up to 120 square feet;
5. Areas that qualify as usable open space;
6. Areas used for off- street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are located below the finished grade of the property;
7. Parking areas located beneath the finished floor of habitable space where the vertical distance between the finished floor of habitable space and finished grade is less than six feet; and