Milpitas City Council
November 18, 2025

November 18, 2025 Milpitas City Council Agenda Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

AGENDA
TUESDAY, NOVEMBER 18, 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_8ypBpDDHSX6tGnPrUtF60w 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.
• Use electronic devices appropriately 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.

November 18, 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) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney
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.

PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Barbadillo)

PRESENTATIONS
● Dagupan Key to the City Presentation and 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 November and December 2025.

C2. Approve City Council Meeting Minutes (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586- 3001)
Recommendation: Approve City Council Meeting minutes of October 28 and November 4, 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.

November 18, 2025 Milpitas City Council Agenda Page 3

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. Adopt Ordinance No. 38.859 Approving Zoning Text and Zoning Map Amendment ZA25-0002 for the Gateway-Main Street Specific Plan (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Recommendation: (1) Determine that the Subsequent Environmental Impact Report (EIR) adequately analyzes the potential environmental impacts associated with the proposed Zoning Amendments and is in compliance pursuant to CEQA Guidelines Section 15162; and (2) Waive the second reading and adopt Ordinance No. 38.859 approving Zoning Text and Map Amendment No. ZA25-0002 for the Gateway-Main Street Specific Plan.

C6. Approve and Authorize the City Manager, or Designee, to Execute a Fee Reimbursement Agreement with Toll West Coast, LLC for the City’s Share Cost of Sango Court Road Extension (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; Michael Silveira, City Engineer, 408-586-3303)
Recommendation: Approve and authorize the City Manager, or designee, to execute a Fee Reimbursement Agreement with Toll West Coast, LLC, in an amount not to exceed $1,110,530, for the City’s share of the cost of the Sango Court Road extension.

C7. Approve and Authorize the City Manager, or Designee, to Execute the Improvement Agreement with Duke Realty Limited Partnership for a New Industrial Building at 475-525 Sycamore Drive (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 the Improvement Agreement between the City of Milpitas and Duke Realty Limited Partnership with a value of $929,000 for a new industrial building at 475-525 Sycamore Drive to be completed within one (1) year from the date of the Improvement Agreement.

C8. Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with Paladin Drones, Inc., for the Purchase of an Additional Drone Docking Station and Renew the Annual Subscription Fee (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jared Hernandez, Chief of Police, 408-586-2406)
Recommendation: (1) Authorize the City Manager, or designee, to negotiate and execute a purchase order agreement with Paladin Drones Inc. for the purchase of an additional drone docking station and renew annual subscription fee for a 1-year term for a not-to-exceed amount of $91,875, subject to the appropriation of funds; and (2) Authorize the City Manager, or designee, to amend the agreement to extend it for up to one (1) additional twelve (12) month term and add additional compensation as required, subject to the appropriation of funds.

C9. Consider Donation Request from Knights of Columbus St. John Council (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Approve a Donation request of $500 for the Knights of Columbus St. John Council Annual Free Thanksgiving Dinner.

C10. Approve Milpitas Arts and Culture Grant Request for a Cultural Menorah Lighting Event (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)

November 18, 2025 Milpitas City Council Agenda Page 4

Recommendation: Approve a Milpitas Arts and Culture in-kind grant request from Dina and Marvin Serber for a Cultural Menorah Lighting Event on December 21, 2025.

COMMUNITY DEVELOPMENT

11. Adopt a Resolution Accepting Metropolitan Transportation Commission’s Transit-Oriented Communities Planning and Implementation Projects Grants (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Recommendation: Adopt a resolution accepting Metropolitan Transportation Commission Transit- Oriented Communities Planning and Implementation Projects Grant funding totaling to $400,000 to support development of a parking and transportation demand management policy and increased allowable floor area ratio for commercial development in Transit-Oriented Communities areas.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

12. Receive Presentation on Considering an Increase to Milpitas Assistance Program Water Utilities Bill Subsidy Amount (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Receive presentation on Increasing the Milpitas Assistance MAP Water Utilities Bill Subsidy and provide feedback to staff.

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.

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
November 2025

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2

3 7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)
4:30 PM- Economic Development
and Trade Commission Special
Meeting (WL) (MUSD Innovation
Campus)
4 5:00 PM-City Council Special Meeting
6:00 PM-Closed Session
7:00 PM-City Council

5 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)

6 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)

7 8

9 10

11 CITY HALL CLOSED IN

OBSERVANCE OF VETERANS DAY

12 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)

13 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)

14 15

16 17
7:00 PM-Science, Technology, and
Innovation Commission (WL)
7:00 PM-Library and Education
Commission (HL) (Milpitas Public
Library)

18 5:00 PM-Closed Session
7:00 PM-City Council

19 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
5:30 PM- Planning Commission
Special Meeting
20 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)

21 22

23 24
7:00 PM-Arts Commission (CM)

25 26

27 28

CITY HALL CLOSED FOR THANKSGIVING

29 30

December 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

Milpitas City Council Calendar
December 2025

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 7:00 PM-Parks, Recreation & Cultural
Resources Commission (EC)

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)
5:30 PM-Veterans Commission (GB)
7:00 PM-Community Housing
Commission (EC)

4 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)

5 6

7 8

9 10
4:30 PM-City Council Finance
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (GB) (Cupertino)
7:00 PM-Planning Commission

11 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)

12 13

14 15
7:00 PM-Science, Technology, and
Innovation Commission (WL)

16 5:00 PM-Closed Session
7:00 PM-City Council

17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

18 19

20 21

22 23

24 25 26

City Hall and City Facilities Closed (Fire and Police are not affected)

27 28

29 30 31

City Hall and City Facilities Closed (Fire and Police are not affected)

November 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 January 2026

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 28, 2025 Milpitas City Council Minutes Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, OCTOBER 28, 2025

The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council October 28, 2025, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

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

PRESENT: Mayor Montano, Vice Mayor Barbadillo (5:34 PM), Councilmember Chua, Councilmember Lam, Councilmember Lien
ABSENT: None.

Acting City Attorney Creech briefed the City Council on the Closed Session items.

There were no public comments and the Council adjourned to closed session at 5:33 PM.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees (b) PUBLIC EMPLOYEE EMPLOYMENT AND RESIGNATION
Pursuant to California Government Code Section 54957(b)(1) Position: Interim City Manager
CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 7:17 PM. Acting City Attorney Creech reported that there was nothing to report out of closed session at this time.

PLEDGE OF ALLEGIANCE
Councilmember Lam led the Pledge of Allegiance.

INVOCATION
Councilmember Chua provided the invocation.

PRESENTATIONS
Mayor Montano, joined by the Milpitas City Council, presented proclamations in recognition of Fire Prevention Week, Hindu American Awareness and Appreciation Month, California Clean Air Day, and Breast Cancer Awareness Month.

October 28, 2025 Milpitas City Council Minutes Page 2

PUBLIC FORUM
There were no public speakers.

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

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

APPROVAL OF AGENDA
Assistant City Manager Matt Cano requested that agenda item C5 be deferred to the following week due to new information requiring adjustments to the agenda report.

After discussion, motion: to approve the agenda, continuing Item C5 to the November 4, 2025, City Council Meeting.

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

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

CONSENT CALENDAR
There were no public comments.

After discussion, motion: to approve the Consent Calendar item C1-C4.

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

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

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

October 28, 2025 Milpitas City Council Minutes Page 3

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. Authorize the City Manager, or Designee, to Execute an Amendment to the Agreement with NJ Associates for Architectural Services (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Continued to November 4, 2025.

PUBLIC HEARINGS

6. Adopt the Gateway-Main Street Specific Plan and Certify the Associated Subsequent Environmental Impact Report (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Assistant City Manager Cano introduced the item. Planning Director Lee presented the report, joined by Ascent Environmental Consultants Christine Babla and Claudia Watts, Economic Development and Strategic Initiatives Director Andrade, and Recreation and Community Services Director Lorentzen.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Manuel Salazar from SV@Home

Mayor Montano closed the public hearing.

Councilmember Chua commended the implementation team and was enthusiastic about the public arts installations and ongoing projects on Main Street.

Mayor Montano emphasized that the plan was overdue, noting discussions dating back to when she was on the Planning Commission in 1996. She stressed the importance of mixed-use development and providing incentives for businesses to invest in the area. She asked about Floor Area Ratio (FAR) incentives, connectivity between Abel Street and Main Street through a paseo, and the timing of impact fees. The Mayor also expressed concern about missed opportunities to collect impact fees from developments already underway.

Planning Director Lee clarified that the FAR bonuses were beyond baseline maximums and that projects could be 100% commercial or mixed-use. He noted that the plan identifies areas where greenways and paseos would be desirable as redevelopment occurs. Regarding impact fees, he explained that while citywide impact fees exist, the nexus study is required to establish area-specific fees that would directly benefit the specific plan area.

Vice Mayor Barbadillo emphasized the importance of uniformity in implementing improvements along Main Street, hoping to see consistency from Highway 880 to the library.

Councilmember Lien asked about shared parking arrangements, and Director Lee explained that the plan identifies strategic locations for public parking spread throughout the area to minimize walking distances.

October 28, 2025 Milpitas City Council Minutes Page 4

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

After discussion, motion: to (1) Adopt Resolution No. 9452 to approve Specific Plan Amendment SP20-0002 to adopt the Gateway-Main Street Specific Plan, (2) Approve a Zoning Map and Text Amendment ZA25-0002 and introduce Ordinance No. 38.859 to amend the Zoning Ordinance and Zoning Map to establish new Specific Plan boundaries, zoning districts, and zoning regulations, (3) Waive the reading of the ordinance beyond the title; and (4) Adopt Resolution No. 9453 to adopt General Plan Amendment GP25-0002 to amend the Land Use Element Map; and (4) Certify the Subsequent Environmental Impact Report (EIR) to the Milpitas 2040 General Plan EIR for the Gateway-Main Street Specific Plan.

Motion/Second: Councilmember Chua / Mayor Montano
Motion carried by the following:

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

COMMUNITY DEVELOPMENT

7. Receive a Presentation on the Work Completed on the Milpitas Gateway-Main Street Sense of Place Plan and Provide Comments to Staff (Staff Contact: Jay Lee, Planning Director, 408-586- 3077)
Assistant City Manager Cano introduced the item. Planning Director Lee and Principal Planner Van Hua presented the report, joined by Thule Design Group Consultant Anjulie Palta.

From the selections presented, Council members provided feedback on their preferences:
• For streetscape design, all members preferred Option 1 (Expanded Edge) • For the palette, the Council preferred Option 2 (Playful and family-friendly) for its vibrant colors

Councilmembers provided the following local insights:
• Councilmember Lien emphasized making Main Street a vibrant, family-oriented place where different cultures can be showcased and history preserved. • Councilmember Chua stressed making it a destination place that would attract businesses and create a place for families to enjoy.
• Councilmember Lam suggested potentially organizing the street by cultural sections, with areas dedicated to Indian, Chinese, and Vietnamese businesses. • Mayor Montano requested historical lighting, murals depicting diversity and history, more flowers and trees, planter boxes, trash bins, sidewalk enhancements such as mosaic tiles, and businesses like ice cream shops and coffee shops.

There were no public speakers.

LEADERSHIP AND SUPPORT SERVICES

8. Adopt a Resolution Approving the City of Milpitas Investment Policy for Fiscal Year 2025-26 (Staff Contact: Luz Cofresí-Howe, Director of Finance, 408-586- 3111) Finance Director Cofresí-Howe presented the report.

There were no public speakers.

October 28, 2025 Milpitas City Council Minutes Page 5

Councilmember Lam asked about the management of investments and the fees paid to investment advisors. Finance Director Cofresí-Howe explained that the city contracts with Chandler Investments for its general portfolio and PFM Assets for the Section 115 trust. She noted that both contracts will expire in spring 2026, and an RFP process is underway.

Councilmember Lam expressed concern about the return on investment rate of 3.84% for the general portfolio, suggesting it should be higher. Finance Director Cofresí-Howe emphasized that return is the third priority after safety and liquidity, but agreed to discuss this further with Councilmember Lam.

After discussion, motion: to adopt Resolution No. 9454 approving the City of Milpitas Investment Policy for FY 2025-26..

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

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Assistant City Manager Matt Cano announced the Dia de Muertos 5K and Wellness Fair on Saturday, November 1, from 9 AM to 12 PM at Gill Park and the Milpitas Community Theater's production of "James and the Giant Peach" running November 6-9.

Councilmember Lam expressed concern about the upcoming priority meeting scheduled for the next council meeting, suggesting that more time might be needed for discussion than the scheduled one hour. After discussion, the Council agreed to maintain the original 5 PM start time, failing to come to consensus on his request (Noes: Barbadillo, Chua, Lien, Montano).

Vice Mayor Barbadillo proposed installing defibrillators on city properties, noting a recent emergency at an event he attended with Councilmember Lam where a defibrillator could have made a difference. The Council unanimously supported adding the item to the priority list.

Councilmember Chua thanked the Milpitas Unified School District and the Economic Development Team for a successful Manufacturing Day event.

Mayor Montano echoed appreciation for the Manufacturing Day event, noting she had attended the morning session and found it valuable for students.

ADJOURNMENT
Mayor Montano adjourned the meeting at 9:45 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

November 4, 2025 Milpitas City Council Minutes Page 1

SPECIAL JOINT MEETING OF THE MILPITAS

CITY COUNCIL AND HOUSING AUTHORITY

MINUTES
TUESDAY, NOVEMBER 4, 2025

The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council and Housing Authority on November 4, 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 5:02 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.

There were the following public speakers:

1. Veronica Bejines

2. Zuha Lambert

3. Margarita Mendoza

4. Joseph Weinstein

5. Toni Charlop

6. Dave Morris

The City Council adjourned to Closed Session at 5:14 PM

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency’s Designated Representative(s): Rick Bolanos, Liebert Cassidy Whitmore Employee Organization(s): Professional and Technical Employees, Mid-Management and Confidential Employees, Milpitas Employees Association, Unrepresented Employees (b) PUBLIC EMPLOYEE APPOINTMENT AND HIRING
Pursuant to Government Code Section 54957(b)(1)
Employee Position: City Attorney
CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 7:01 pm.

Acting City Attorney Creech had no report from closed session.

November 4, 2025 Milpitas City Council Minutes Page 2

PLEDGE OF ALLEGIANCE
Scout Troop 2163 Milpitas Rotary presented the colors and led the Pledge of Allegiance.

INVOCATION
Vice Mayor Barbadillo provided the invocation.

PRESENTATIONS
Mayor Montano, joined by the Milpitas City Council, presented a proclamation in recognition of Nurse Practitioners Week.

PUBLIC FORUM
There were the following public speakers:

1. Martin

2. Gwan Alisantosa

3. Linda Jiang

4. Michelle Liu

5. Kavi

6. Michael Fossati

7. Minh Gloria

8. Padma

9. Iris Zhou

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

READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember 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 pulled items C4, C7, and C9 from the consent calendar for separate discussion.

After discussion, motion: to approve the consent calendar except for items C4, C7, and C9.

November 4, 2025 Milpitas City Council Minutes Page 3

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

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

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

2. 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.

3. 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.

4. Accept the Commission and Committee Annual Report and Approve Work Plans for FY 2025-26 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Item pulled from Consent Calendar.

5. Authorize the Executive Director of the Milpitas Housing Authority, or Designee to Take All Necessary Actions, Including Negotiating with the Necessary Parties, to Retain the Below Market Rate Unit at 173 Parc Place Drive (Staff Contact: Matt Cano, Assistant City Manager, 408- 586-3012)
Authorized the Executive Director of the Milpitas Housing Authority, or designee, to take all necessary actions to retain the below market unit at 173 Parc Place Drive.

6. Approve and Authorize the City Manager to Execute an Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Essential Labor Relations and Other Services (Staff Contact: Kelli Parmley, Human Resources Director, 408-586-3086) Approved and authorized the City Manager, or designee, to execute Amendment No. 4 to the Professional Services Agreement with Liebert Cassidy Whitmore to provide essential labor relations and other services for an additional amount of $100,000 for a total amount not-to-exceed $600,000, subject to the annual appropriation of funds, and to extend the term of the Agreement to June 30, 2027.

7. Adopt a Resolution to Approve Project Plans and Specifications, Authorize Advertisement for Bid Proposals, and Approve Budget Appropriation for Calaveras Median Conversion Project (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Item pulled from Consent Calendar.

8. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Chrisp Company, and Approve an Amendment to the Agreement with Hexagon

November 4, 2025 Milpitas City Council Minutes Page 4

Transportation Consultants, Inc. for Bicycle Improvement Project (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303) Adopted Resolution No. 9455 to: (1) Approve the Project plans and specifications; (2) Award the construction contract to Chrisp Company in the amount of $620,412.75; (3) Authorize the City Manager, or designee, to award and execute the construction contract with Chrisp Company; (4) Authorize the Public Works Director, or designee, to negotiate and execute contract change order(s) in an aggregate amount not to exceed $180,000; and (5) Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Design Services Agreement with Hexagon Transportation Consultants, Inc. in an amount not-to-exceed $25,000 for Bicycle Improvement Project, CIP No. 4299.

9. Authorize the City Manager, or Designee, to Execute an Amendment to the Agreement with NJ Associates for Architectural Services (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Item pulled from Consent Calendar.

LEADERSHIP AND SUPPORT SERVICES

10. City Council Priority Setting (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Interim City Manager Santana introduced the item. Assistant City Manager Cano presented the report.

Assistant City Manager Cano reviewed the prioritization process, noting that the referrals were continued from the October 2, 2025, priority-setting session for final voting and ranking.

There were no public speakers.

Councilmember Lam announced he would withdraw referral 7, Citizen Evidence Upload, because the Police Department was already implementing that functionality through the Evidence.com platform. For referral 6, Status-tracking of Online Reports, Lam supported a low-cost alternative using voicemail or email for status updates and asked that it remain on the list for potential prioritization.

Vice Mayor Garry Barbadillo asked Councilmember Chua to clarify her vision for the Ring Doorbell Initiative and whether the City would be responsible for ongoing subscription costs. She explained that her proposal was modeled after San Leandro’s program, which covered only installation and equipment, not subscriptions. City Manager Santana asked Chief Hernandez to comment, and he confirmed that the City would not pay subscription fees. He explained that residents in similar programs pay their own subscriptions but often share footage voluntarily, noting that Milpitas already has a community camera registry for that purpose. Councilmember Chua suggested making participation in the registry a requirement for anyone receiving a City-funded device.

Mayor Montano withdrew referral 16, flight-path review, explaining she only wanted meeting information posted online for residents, which staff had already accomplished.

Councilmember Evelyn Chua asked about previously adopted items 3 and 4 on the older priority list, Small Business Open House and Animal Cruelty Ordinance. Assistant City Manager Cano advised that small business outreach was already underway through the business license reform project and that the ordinance would remain for later ranking. Councilmember Chua opted to withdraw both items 3 and

4. The City Council conducted the first round of voting to determine which referrals would advance to the ranking process. IT Director Nam explained the electronic voting procedure, and City Clerk Guzzetta

November 4, 2025 Milpitas City Council Minutes Page 5

reported that two referrals received enough votes to move forward. The results of the first round were as follows:

R3 – Explore expansion of SMART transportation services to San Jose International Airport, and R11 – Storefront and Crime Prevention Business Initiative.

The City Council then conducted the second round of voting. City Clerk Guzzetta reported that five additional referrals received enough votes to move forward to the ranking process. The results of the second round were as follows:

R1 – Update Mural Program Policy
R4 – Ring Doorbell Neighborhood Initiative
R10 – Strategic Land Acquisition Revenue Reserve
R13 – Council Special Events Fund
R14 – ADU Permit Subsidy

Assistant City Manager Cano explained that staff would reset the voting system to prepare for the ranking process, during which Councilmembers would rank the seven selected referrals from highest to lowest priority. IT Director Nam instructed Council to refresh their screens, and City Clerk Guzzetta explained that members could drag and drop the items into order of priority and select “Submit” to record their rankings.

The results of the ranking process were as follows:

R3 – Explore Expansion of SMART Transportation Services to San Jose International Airport R11 – Storefront and Crime Prevention Business Initiative R10 – Strategic Land Acquisition Revenue Reserve
R17 – Temporary Police Office on Main Street
R18 – Develop Fentanyl Policy
R4 – Ring Doorbell Neighborhood Initiative
R1 – Update Mural Program Policy
R14 – ADU Permit Subsidy
R13 – Council Special Events Fund

Following the ranking results, Councilmember Chua made a motion: to continue the funding allocation discussion to December.

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

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

Acting City Attorney Creech advised that the City Council would need to make a motion and conduct a vote to confirm the prioritization list.

After discussion, motion: to confirm the prioritization list as ranked.

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

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

November 4, 2025 Milpitas City Council Minutes Page 6

ITEMS PULLED FROM CONSENT CALENDAR

4. Accept the Commission and Committee Annual Report and Approve Work Plans for FY 2025-26 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Councilmember Lam provided insights on why he pulled the item. City Clerk Guzzetta presented the report, joined by Assistant City Manager Cano, Economic Development Specialist Thomas, Planning Director Lee, Emergency Services Coordinator Charlop, and Recreation and Community Services Director Lorentzen.

There was no council discussion.

There were no public comments.

Motion: to Accept the Annual Report and approve proposed FY 2025-26 Work Plans for the (a) Community Housing Commission, (b) Economic Development and Trade Commission, (c) Energy and Environmental Sustainability Commission, (d) Planning Commission, (e) Public Safety and Emergency Preparedness Commission, and (f) Youth Advisory Commission..

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

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

7. Adopt a Resolution to Approve Project Plans and Specifications, Authorize Advertisement for Bid Proposals, and Approve Budget Appropriation for Calaveras Median Conversion Project (Staff: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
City Engineer Silveira presented the report

Councilmember Lam asked about weed control, and City Engineer Silveira explained that matting would minimize weeds with minimal annual maintenance required.

Mayor Montano asked about vegetation and welcome signs. The City Engineer confirmed no vegetation would be included and the welcome sign would be refurbished at Highway 880 instead. The Mayor expressed appreciation for the beautification project.

There were no public comments.

After discussion, motion: to Adopt Resolution No. 9456 to (1) Approve the project plans and specifications; (2) Authorize advertisement for bid proposals; and (3) Approve a budget appropriation in the amount of $360,000 from the General Government CIP Fund in Park & Street Landscape Irrigation, CIP No. 3449 Improvements and Annual Tree Replacement, CIP No. 3438 for Calaveras Median Conversion Project, CIP No. 3468..

Motion/Second: Councilmember Lam / Mayor Montano
Motion carried by the following:

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

November 4, 2025 Milpitas City Council Minutes Page 7

9. Authorize the City Manager, or Designee, to Execute an Amendment to the Agreement with NJ Associates for Architectural Services (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Public Works Director Di Renzo responded to questions from the City Council.

There were no public comments.

After discussion, motion: to Adopt Resolution No. 9457 to authorize the City Manager, or designee, to negotiate and execute an amendment to the Professional Services Agreement with NJ Associates for Construction Management Technical Services in the amount of $49,391 for a total not-to-exceed amount of $139,391 and extend the term of the agreement to November 14, 2026.

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

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Councilmember Chua requested the Acting City Attorney provide the council with the current cellular installation policy to respond to resident concerns. Councilmember Lam noted that cell antenna installations previously went through the Science Technology Innovation Commission and questioned why this process was skipped. Acting City Attorney Creech offered to provide information about the laws and regulations.

Mayor Montano requested the information be sent to all councilmembers given the level of concern about the issue.

ADJOURNMENT
Mayor Montano adjourned the meeting 9:43 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 11/14/2025

December 2, 2025 – Regular Meeting (7:00 PM)

CLOSED SESSION
• Labor Relations

INVOCATION (Councilmember Barbadillo)

PRESENTATION
• Manufacturing Day and Event Partners Recognition

CONSENT CALENDAR

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

2. Approve City Council Meeting minutes of October 21, 24 and November 18, 2025 (City Clerk)

3. Preview list of items for December 16, 2025 (City Clerk)

4. Councilmember Request List (City Clerk)

5. 2026 City Council Meeting Calendar (City Clerk)

6. CMO Winter Recess Authority (City Manager)

7. Establishment of Rental Review Board (Housing)

8. PLHA Funding Application for 2022 & 2023 and Potential County Consortium Membership for Next Cycle (Housing)

9. Approved Coop. Purchase Agreement for Hammond Street Light Project, CIP 4301 (Public Works / Engineering)

PUBLIC HEARINGS

10. Fee Schedule (Finance)

11. Appeal Planning Commission Decision on 1000 Gibraltar (Industrial Development) (Planning)

LEADERSHIP AND SUPPORT SERVICES

12. FY 2024-25 Comprehensive Annual Financial Report (Finance)

13. MidCon Agreement (Human Resources)

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 Install debrillators on city properties Barbadillo 10/28/2025 An update will be provided to the City
Council on this item in November 2025
2 Place a billboard at the Sport Center to inform the
community about events and activities Montano 10/21/2025 An update on this item will be included in the
next quarterly prioritization update.
3 Explore the creation of small parks in
neighborhoods without them Montano 10/21/2025
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:
4 Increase the amount of funding for the ADU Permit
Subsidy Council 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
5 Council Special Events Fund to provide funding for
City Councilmembers to attend local, non-political,
events where their attendance is beneficial for the
City of Milpitas Montano/Chua 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
6 Add to the existing Strategic Land Acquisition
Revenue Reserve Council 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
7 Storefront and Crime Prevention Initiative by
making funding available for businesses to focus
on public safety related physical improvements to
their storefronts. Montano 11/4/2025
An update on this item will be included in the
next quarterly prioritization update.
8 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.
9 Expand 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.
10 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.
11 Develop a project management informational
memo. Barbadillo 4/1/2025
An update on this item will be included in the
next quarterly prioritization update.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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.
18 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.
19 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.
20 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.
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.

NOTE: Deferred and Completed Items are not listed

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
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.
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 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.
32 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.
33 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.
34 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: Adopt Ordinance No. 38.859 Approving Zoning Text and Zoning Map Amendment ZA25-0002 for the Gateway-Main Street Specific Plan (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Public Hearings-Community Development
Meeting Date: 11/18/2025
Recommendation: (1) Determine that the Subsequent Environmental Impact Report (EIR) adequately analyzes the potential environmental impacts associated with the proposed Zoning Amendments and is in compliance pursuant to CEQA Guidelines Section 15162; and (2) Waive the second reading and adopt Ordinance No. 38.859 approving Zoning Text and Map Amendment No. ZA25-0002 for the Gateway-Main Street Specific Plan.

BACKGROUND:

This Ordinance, which will allow the Gateway-Main St. Specific Plan to serve as a regulatory document that establishes zoning districts and regulations for the Plan area, was introduced at the City Council meeting held on October 28, 2025.

The following amendments to the Zoning Text and Map are required.

1. Amend Table B.2.020-A (Zones Established) to add “Gateway-Main St. Specific Plan” as a row with the following text: “See Chapter B.14 (Gateway-Main. St. Specific Plan).”

2. Replace “Reserved.” text for Chapter B.14 with “Gateway-Main St. Specific Plan” and add “See Gateway-Main St. Specific Plan for the zones and associated standards.”

3. Amend the Zoning Map to change the zoning for all properties within the new Plan area to “Gateway- Main St. Specific Plan Area” and add the following note: “See the Gateway-Main St. Specific Plan Figure 3-1, Land Use Framework, for the zones within the Gateway-Main St. Specific Plan area.

The Ordinance is now ready for its second reading and adoption.

FISCAL IMPACT:

This Ordinance, which will help effectuate the land use and zoning regulations in the Gateway-Main St.

Specific Plan, will help facilitate the mixed-use redevelopment of Main Street, Calaveras Boulevard, and the surrounding area. If this redevelopment were to occur, the City would receive development impact fees and experience increased property and sales tax revenues. Furthermore, the Gateway-Main St. Specific Plan establishes the policy framework for the Main Street Sense of Place Plan currently under development, which will establish a Plan-specific impact fee to fund future public improvements in the Plan area, further improving the likelihood of redevelopment and reinvestment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The City has prepared a Subsequent EIR to the Milpitas 2040 General Plan EIR for consideration and certification by the Council prior to Specific Plan adoption. The Final Subsequent EIR includes a Draft Subsequent EIR that was publicly circulated for 45 days to seek input from responsible agencies and the general public. The Draft Subsequent EIR, with comments and prepared responses to them comprise the Final Subsequent EIR. Two public agencies responded to the Draft Subsequent EIR: California Department of Transportation (Caltrans) and Santa Clara Valley Transportation Authority (VTA). Both comment letters make recommendations related to Vehicle Miles Traveled (VMT) mitigation through Transportation Demand Management (TDM) measures, which the response to comments in the Final EIR addresses.

The Subsequent EIR provides an assessment of the reasonably foreseeable and potentially significant adverse environmental effects that may occur beyond what was evaluated in the City of Milpitas 2040 General Plan EIR. Potentially significant impacts were identified based on review of comments received as part of the public scoping process and additional research and analysis of relevant project data during preparation of the Subsequent EIR. Three distinct levels of environmental evaluation have been addressed by this CEQA review:

1. As described in Section 1.3, Effects Found Not to Be Significant, of the Draft Subsequent EIR, it was determined the project would result in no impact to the following environmental resources topics:
agriculture and forestry resources, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. Accordingly, these resources are not addressed further in the Subsequent EIR.

2. Analysis of environmental resource topics in the Subsequent EIR that, in some cases, call for policy mitigations to be applied to future project approvals include: aesthetics, air quality, cultural and tribal cultural resources, biological resources, energy, greenhouse gas emissions and climate change, land use and planning, noise and vibration, population and housing, public services and recreation, transportation, and utilities and service systems. Each of these impacts, their significance criteria prior to and following any necessary mitigation measures, and the mitigation measures that are called for in each category are spelled out in the summary table, Table ES-1 of the Draft Subsequent EIR.

3. Significant and unavoidable impacts and cumulative impacts that cannot be reduced to a level less than significant or for which there is no feasible mitigation include impacts to the following environmental resource topics: cultural and tribal cultural resources and utilities and services systems. A summary of these impacts can be found on pages ES-2 through ES-3 of the Draft Subsequent EIR. These call for a statement of overriding considerations that explain that the benefits of the Specific Plan overall outweigh the consequences of the adverse environmental effect. The overriding considerations and benefits of the Specific Plan include: creation of a walkable mixed-use community that attracts and retains residents and businesses; increase in housing opportunities to support future anticipated population growth and the City’s effort to meet the State-mandated Regional Housing Needs Allocation; increase in economic opportunities and investment in vacant and underutilized properties; improved connectivity throughout the neighborhood; new public parks and plazas and improvements to other recreational amenities; and establishment of policies for Urban Reserve Areas to guide future redevelopment in an integrated manner.

Additionally, the Subsequent EIR presents two Project Alternatives that might lessen or avoid some potential environmental effects compared to the proposed project: No Project Alternative and Increased Residential Development for Main Street and Crossroads Districts Alternative. The Alternatives are explored in Chapter 5 of the Draft Subsequent EIR. While the Alternatives reduce potential effects, they do not meet the objectives of the Specific Plan (see Section 2.3 of the Draft Subsequent EIR). As such, no alternatives are recommended.

The Final Subsequent EIR reflects the limited environmental impact of the Specific Plan by describing policy- based mitigation, and these policies are applied to individual projects that move forward and are based upon the Specific Plan. Projects which might go beyond the scope of the analysis of this program level Subsequent EIR may require both an amendment to the Specific Plan and further environmental analysis before they could receive entitlement.

ATTACHMENT(S):
(a) Ordinance No. 38.859

REGULAR

NUMBER: 38.859
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS

AMENDING THE MILPITAS MUNICIPAL CODE TITLE XIII, PART B, CHAPTERS B.2 AND B.14 TO ESTABLISH THE GATEWAY-MAIN ST.

SPECIFIC PLAN ZONING DISTRICTS AND REGULATIONS; AND

AMENDING THE ZONING MAP OF THE CITY OF MILPITAS TO
ESTABLISH THE NEW SPECIFIC PLAN BOUNDARIES.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ ______________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

________________________________________
Christopher Creech, Acting City Attorney

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, California Government Code Sections 65450-65457 authorize cities to prepare specific plans to systematically implement the General Plan, specify the required contents of specific plans, allow specific plans to be adopted by resolution or ordinance and amended as often as deemed necessary by the legislative body, and requires specific plans to be consistent with the General Plan; and
WHEREAS, on March 19, 2002, the Milpitas City Council adopted the Midtown Specific Plan to maximize land use, transportation, and economic opportunities along the City’s historic Main Street and energize and catalyze mixed-use, transit-oriented development in the Midtown area, known as the “heart” of Milpitas; and
WHEREAS, since May 19, 2002, the Milpitas City Council adopted various amendments to the Midtown Specific Plan to incorporate updates associated with the Transit Area Specific Plan, Park and Recreation Master Plan, and Bikeway Master Plan; and WHEREAS, the City’s Zoning Ordinance was originally adopted in 1955 and the City Council adopted a comprehensive update to the Zoning Ordinance on September 2, 2025; and WHEREAS, California Government Code Section 65860 requires a city’s zoning ordinance to be consistent with its adopted general plan, including any specific plan that has been adopted to establish planning policies for a defined geographic area of the city; and WHEREAS, the City wishes to adopt the Gateway-Main St. Specific Plan, which is a comprehensive update of the Midtown Specific Plan, to carry forward some of the major goals of the Midtown Specific Plan while substantially updating the Plan area and policies to address current local conditions and community priorities; and
WHEREAS, the City has prepared a Zoning Text and Zoning Map Amendment (“Amendments”) to establish new Specific Plan boundaries, zoning districts, and zoning regulations; and

WHEREAS, in accordance with the Government Code, the City has duly consulted with other governmental agencies, local Native American tribes, and other entities and stakeholders, and complied with all prerequisites for the adoption of the Specific Plan and related actions herein; and
WHEREAS, pursuant to Milpitas Municipal Code Section XIII.D.6.050 the City Council finds that all the findings required for the Amendments have been met; 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, the City prepared a Draft Subsequent EIR to the Milpitas 2040 General Plan EIR for the Specific Plan (State Clearinghouse No. 2024070432) that identifies the potential environmental impacts of the project and recommends mitigation measures to reduce the impacts to a less than significant level where feasible, released the Draft Subsequent EIR on April 17, 2025 for a 45-day public review period that was set to end on June 2, 2025 but was extended to July 24, 2025, and prepared a Findings of Fact and Statement of Overriding Considerations to comprehensively describe the potential impacts, mitigations measures, and overriding considerations in adopting the Specific Plan; and
WHEREAS, the City has received comments on both the Public Review Draft Specific Plan and the Draft Subsequent EIR, considered and analyzed the comments, made changes to the Specific Plan, and prepared a Final Subsequent EIR, which includes the comments received and responses to comments; and
WHEREAS, on September 24, 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 25-014 recommending that the City Council approve Specific Plan Amendment SP20-0002, Zoning Map and Text Amendment ZA25-0002, and General Plan Amendment GP25-0002, and certify the Subsequent EIR to the Milpitas 2040 General Plan EIR for the Specific Plan (State Clearinghouse No. 2024070432); and WHEREAS, all legal prerequisites to the adoption of this ordinance and the City Council’s review and approval of the 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
The City prepared a Draft Subsequent EIR to the Milpitas 2040 General Plan EIR for the Specific Plan (State Clearinghouse No. 2024070432) that identifies the potential environmental impacts of the project and recommends mitigation measures to reduce the impacts to a less than significant level where feasible, released the Draft Subsequent EIR on April 17, 2025 for a 45-day public review period that was set to end on June 2, 2025 but was extended to July 24, 2025, and prepared a Findings of Fact and Statement of Overriding Considerations to comprehensively describe the potential impacts, mitigations measures, and overriding considerations in adopting the Specific Plan. The Subsequent EIR finds that the Specific Plan would result in significant and unavoidable impacts and cumulative impacts that cannot be reduced to a level less than significant or for which there is no feasible mitigation include impacts to the following environmental resource topics: cultural and tribal cultural resources (Impacts 3.4-1, 3.4-2, and 3.4-3 and Cumulative Impact

4.4.4-1) and utilities and services systems (Impact 3.13-1 and Cumulative Impact 4.4.12-1).

However, the overriding considerations and benefits of the Specific Plan outweigh the consequences of the adverse environmental effect. The Subsequent EIR further concludes that while the two Project Alternatives might lessen or avoid some potential environmental effects compared to the proposed project, they do not meet the objectives of the Specific Plan. 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 has approved and adopted this Subsequent EIR, the Findings of Fact, and the Statement of Overriding Considerations, as set forth in Resolution No. 25-XXX, and incorporates those records, findings, and facts as if fully set forth herein.

SECTION 3. ZONING TEXT AND MAP AMENDMENT FINDINGS
(XIII.D.6.050)
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 XIII.D.6.050. 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- 0002:

A. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of the General Plan.

The proposed Zoning Amendment would 1) amend the Zoning Text to add references to the Specific Plan regulations in the Milpitas Zoning Ordinance and 2) amend the Zoning Map to change the zoning for all properties within the new Plan area to “Gateway-Main St. Specific Plan Area” and reference the zoning districts and regulations in the Specific Plan for those properties. These amendments would establish the Specific Plan as the regulatory document for land use and zoning in the Plan area and are necessary to update and effectuate the Specific Plan, which would achieve many of the General Plan policies and actions, including Policies LU 1-4, LU 4-2, CIR 1-5, CIR 4-1, CD 4-1, ED 3-2, and

UCS 1-1and Actions LU-2a, ED-3c, and ED-3f. These policies and actions call for the City to review and update its specific plans, facilitate housing and commercial redevelopment in these areas, encourage multimodal transportation, prioritize redevelopment of the Serra Center and Main Street, and provide public improvements to support new development. The proposed Zoning Amendment and Specific Plan would help achieve these goals. Therefore, the proposed Zoning Amendment is consistent with and conforms to the goals and policies of the General Plan.

B. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of any Specific Plan, if applicable.

The goal of the proposed Zoning Amendment is simply to establish the Specific Plan as the regulatory document for land use and zoning the Plan area. No other amendments to the Zoning Ordinance are proposed. The existing Midtown Specific Plan will be repealed and replaced with the adoption of this plan. However, the Gateway-Main Street Specific plan updates, modernizes, effectuates, and furthers the objectives of the Midtown Specific Plan in a manner that reflects current market conditions and current best land use and zoning practices. Therefore, the proposed Zoning Amendment is consistent with and conforms to the goals and policies of the Specific Plan.

C. The proposed Zoning Amendment will not be detrimental to the public interest, health, safety, convenience, and general welfare.

The proposed Zoning Amendment will establish the land use regulations and development standards in the Specific Plan intended to protect the public interest, health, safety, convenience, and general welfare. These include maximum residential densities, maximum height limits, minimum setbacks from property lines, minimum parking ratios, context-sensitive design standards, required public improvements, and other requirements and standards. These regulations will ensure new development minimizes impacts to existing neighborhoods related to privacy, shade, neighborhood and community character, transportation, parking, utilities, and visual aesthetics.

D. The proposed Zoning Amendment is in compliance with the provisions of California Environmental Quality Act.

The City prepared a Draft Subsequent EIR to the Milpitas 2040 General Plan EIR for the Specific Plan (State Clearinghouse No. 2024070432) that identifies the potential environmental impacts of the project and recommends mitigation measures to reduce the impacts to a less than significant level where feasible, released the Draft Subsequent EIR on April 17, 2025 for a 45-day public review period that was set to end on June 2, 2025 but was extended to July 24, 2025, and prepared a Findings of Fact and Statement of Overriding Considerations to comprehensively describe the potential impacts, mitigations measures, and overriding considerations in adopting the Specific Plan. The Subsequent EIR finds that the Specific Plan would result in significant and unavoidable impacts and cumulative impacts that cannot be reduced to a level less than significant or for which

there is no feasible mitigation include impacts to the following environmental resource topics: cultural and tribal cultural resources (Impacts 3.4-1, 3.4-2, and 3.4-3 and Cumulative Impact 4.4.4-1) and utilities and services systems (Impact 3.13-1 and Cumulative Impact 4.4.12-1). However, the overriding considerations and benefits of the Specific Plan outweigh the consequences of the adverse environmental effect. The Subsequent EIR further concludes that while the two Project Alternatives might lessen or avoid some potential environmental effects compared to the proposed project, they do not meet the objectives of the Specific Plan. Additionally, City staff conducted consultation regarding the Specific Plan and associated Subsequent EIR with local Native American tribes, pursuant to Assembly Bill (AB) 52 and Senate Bill (SB) 18. Therefore, the proposed Specific Plan is in compliance with California Environmental Quality Act requirements.

E. The proposed Zoning Amendment would not result in a net loss of potential housing units.

No downzoning of any property within the Plan area is proposed as part of the Specific Plan. The standards proposed increase the viability of redevelopment and strengthen the likelihood of housing development as expressed in the Housing Element of the General Plan. Moreover, the plan facilities housing production on non-inventory sites that will help the City meet its RHNA obligations. Therefore, the proposed Specific Plan would not result in a net loss of potential housing units.

F. The proposed Zoning Amendment is internally consistent with other applicable provisions of this Title.

The primary goal of the proposed Zoning Amendment is to establish the Specific Plan as the regulatory document for land use and zoning the Plan area. No other amendments to the Zoning Ordinance are proposed. Pursuant to Section XIII.D.10.020(C) of the Milpitas Municipal Code, “The regulations provided by an adopted Specific Plan shall replace those of the current or underlying zone or zones, and the development standards and/or design standards or guidelines identified in the Specific Plan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.” Therefore, the proposed Zoning Amendment is internally consistent with other applicable provisions of Title XIII (Zoning).

G. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.), to accommodate the uses and development densities of intensities allowed in the proposed new zone.

The proposed densities are suitable for the Plan area and can be accommodated as future redevelopment occurs. Early in the planning process, the project consultant prepared an Existing Conditions Report that includes the following: Land Use, Zoning and Urban Form Analysis, Market Analysis, Affordable Housing, Equity, and Community Benefits

Analysis, Transportation and Circulation Analysis, Public Utilities and Infrastructure Analysis, and Resilience and Climate Adaptation Assessment. This analysis informed the proposed densities and scale of development in the Specific Plan by demonstrating what level of development would be feasible in the Plan area given the size and shape of parcels, existing transportation and utilities infrastructure, real estate market realities, and other physical and regulatory constraints. Additionally, through the Gateway-Main St.

Specific Plan TAC, the Specific Plan identifies potential infrastructure and service challenges and recommends improvements to ensure adequate provision of infrastructure and services, which will be implemented as development occurs. Furthermore, the City prepared a Subsequent EIR to the Milpitas 2040 General Plan for the Specific Plan, which analyzes potential impacts to many of these topics and identifies mitigation measures to minimize impacts. The analysis found that impacts to public services (including fire, police, and schools) and utilities and services systems (including sewer, stormwater, and solid waste) resulting from the anticipated development from the Specific Plan would be less than significant. Lastly, through the City’s development review process, City staff will evaluate each future development proposal and require improvements and impose conditions of approval as needed.

H. If located within or adjacent to residential areas, the requested zone change is compatible with the character of the residential neighborhood.

The Plan area includes a residential neighborhood south of the Serra Center and east of the Calaveras Center, and other residential neighborhoods near the Great Mall (Parc Metro and Montevista Apartments). There are also residential neighborhoods adjacent to the Plan area to the north (other neighborhoods are separated by railroads or major thoroughfares). Although the new Specific Plan zoning districts will allow for higher- density residential development near these existing neighborhoods, the Specific Plan and Citywide Residential and Mixed-Use ODS will provide design standards to ensure appropriate transitions from new development to existing neighborhoods. Design standards include upper floor step-backs, 45-degree daylight planes, enhanced setbacks, and significant building articulation. These standards will be applied to new development proposals to ensure adequate daylight, minimize shadows, and maintain privacy and views for existing neighborhoods.

SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XIII, PART B, CHAPTER B.2, SECTION B.2.020

Title XIII, Part B, Chapter B.2, Section B.2.020 of the Milpitas Municipal Code is hereby amended to read as follows:

The following zones are established and shall be shown on the official Zoning Map.

Table B.2.020-A: Zones Established
Abbreviation Zone Name General Plan Land Use Designation Residential Zones
R1 Single-Family Zone Low Density Residential (LDR), Medium Density Residential (MDR)
R2 One and Two-Family Zone Medium Density Residential (MDR) R3 Multi-Family Zone High Density Residential (HDR)
R4 Multi-Family Very High Density Zone Very High Density Residential (VHDR) MHP Mobile Home Park Zone Mobile Home Park (MHP)
Commercial Zones
CO Administrative and Professional Office Zone General Commercial (GNC), Neighborhood Commercial (NC)
C1 Neighborhood Commercial Zone Neighborhood Commercial (NC) C2 General Commercial Zone
General Commercial (GNC), Neighborhood
Commercial (NC), Neighborhood Commercial
Mixed Use (NCMU)
HS Highway Service Zone General Commercial (GNC), Neighborhood Commercial (NC)
Mixed Use Zones
MXD Mixed Use Zone Neighborhood Commercial Mixed Use (NCMU) MXD3 Very High Density Mixed Use Zone Very High Density Mixed Use (VHDMU) TC Town Center Zone Town Center (TC)
Industrial Zones
M1 Light Industrial Zone Manufacturing (MFG)
M2 Heavy Industrial Zone Manufacturing (MFG)
MP Industrial Park Zone Industrial Park (INP)
BPRD Business Park Research and Development Zone Business Park/Research & Development (BPRD) Metro Specific Plan Zones
R3-Metro Metro Multi-Family High Density Residential Zone Milpitas Metro Specific Plan R4-Metro Metro Multi-Family Very High Density Residential Zone Milpitas Metro Specific Plan
R5-Metro Metro Urban Residential Zone Milpitas Metro Specific Plan MXD2-Metro Metro High Density Mixed Use Zone Milpitas Metro Specific Plan MXD3-Metro Metro Very High Density Mixed Use Zone Milpitas Metro Specific Plan BPRD-R-Metro Metro Business Park Research and Development, Limited Residential Zone Milpitas Metro Specific Plan
BPRD-Metro Metro Business Park Research and Development Zone Milpitas Metro Specific Plan
Milpitas Commercial Specific Plan Area

Table B.2.020-A: Zones Established
Abbreviation Zone Name General Plan Land Use Designation See Chapter B.16 (Milpitas Commercial Specific Plan Area) Gateway-Main St. Specific Plan Zones
See Chapter B.14 (Gateway-Main St. Specific Plan Area)
Other Zones
A Agricultural Zone All
I Institutional Zone Public Facilities (PF)
POS Park and Open Space Zone Permanent Open Space (POS) Overlay Zones
FC Freeway Corridor Overlay Zone n/a
S Site and Architectural Overlay Zone n/a
“H” “H” Hillside Combining District Hillside Very Low Density (HVL), Hillside Low Density (HLD), Hillside Medium Density (HMD)

SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XIII, CHAPTER B.14

Title XIII, Part B, Chapter B.14 (Reserved) of the Milpitas Municipal Code is hereby amended to read as follows:

Chapter B.14 Gateway-Main St. Specific Plan Area

Sections:

B.14.010 Purpose
B.14.020 Metro Specific Plan Zones Use Regulations
B.14.010 Purpose
A. Main Street Mixed-Use (MS-MU) Zone. The MS-MU zone supports a mix of residential infill and smaller pedestrian-oriented retail shops, restaurants, services, and office uses, as well as urban parks, plazas, and open spaces within the framework of an active streetscape environment. Active retail, restaurant, and residential uses generate pedestrian activity at the street level, with office and residential uses above the ground floor encouraged.

B. Crossroads Mixed-Use (XR-MU) Zone. The XR-MU zone has a commercial mixed-use focus and supports a mix of retail, entertainment, and office, together with urban multifamily residential,

civic, and recreational uses. The XR-MU zone is a pedestrian-oriented streetscape environment, with ground-floor commercial uses prioritized along retail priority streets and corners.

C. Library District Mixed-Use (LD-MU) Zone. The LD-MU zone, centered around the Milpitas Library on N. Main Street, supports a compatible mix of retail, office, multifamily residential, and civic uses within a pedestrian-oriented streetscape environment.

D. Gateway Mixed-Use (GW-MU) Zone. The GW-MU zone supports a freeway and commercial corridor service orientation along Calaveras Boulevard and I-880, transitioning to a neighborhood- oriented residential focus to the north, and a commercial/mixed-use focus adjacent to Crossroads Mixed-Use.

E. Abbott District Business Park (AD-BP) Zone. The AD-BP zone allows for a compatible mix of commercial, office, light industrial, open space, and public uses, organized within a campus setting.

F. Urban Reserve Overlay (URO Zone. The URO is applied as an overlay for areas that will be subject to future study when these uses are ready for redevelopment. The policies of the Specific Plan found in Section 3.8 apply within these areas.

B.14.020 Metro Specific Plan Zones Use Regulations and Development Standards
Pursuant to Subsection D.10.020.D, the standards and regulations adopted by the Gateway-Main St.

Specific Plan shall replace those of the current or underlying zone or zones, if any, and the development standards and/or design standards or guidelines identified in the Gateway-Main St. Specific Plan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.

SECTION 6. AMENDMENT OF THE ZONING MAP OF THE CITY OF MILPITAS

The Zoning Map of the City of Milpitas, as amended, which was originally adopted as part of Ordinance No. 38.858 (“Zoning Map”), is hereby amended as depicted within the map as attached hereto in Exhibit A.

SECTION 7. SEVERABILITY

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.

SECTION 8. EFFECTIVE DATE AND POSTING

In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

Exhibit A: Zoning Map Amendment

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager, or Designee, to Execute a Fee Reimbursement Agreement with Toll West Coast, LLC for the City’s Share of the Cost of the Sango Court Road Extension (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408- 586-3303)
Category: Consent Calendar-Community Development
Meeting Date: 11/18/2025
Recommendation Approve and authorize the City Manager, or designee, to execute a Fee Reimbursement Agreement with Toll West Coast, LLC, in an amount not to exceed $1,110,530, for the City’s share of the cost of the Sango Court Road extension.

BACKGROUND:

In June 2008, the City Council adopted the Transit Area Specific Plan (TASP) to support the Milpitas Transit Center, including the Bay Area Rapid Transit (BART), Valley Transportation Authority light rail and bus services; and adopted the Milpitas Metro Specific Plan (MMSP), an update to the TASP, in February 2023. The TASP/MMSP was developed to accommodate substantial new development, minimize traffic impacts on local roadways, and reduce urban sprawl, thereby transforming the industrial area into a high-density, mixed-use, transit-oriented district. To support anticipated growth in residents and the workforce within the district, the TASP/MMSP developed a Basic Infrastructure Program (BIP) to meet infrastructure needs for community, parks, transportation, and utility facilities, as well as associated land acquisition. To ensure new development in the TASP pays its fair share of public improvement costs, the City enacted the Transit Area Development Impact Fee (TADIF) in 2008.

The extension of Sango Court to Tarob Court (Sango Road Extension) is identified in the TASP/MMSP as critical transportation infrastructure by improving circulation between Capital Avenue, Montague Expressway, South Milpitas Boulevard, Trade Zone Boulevard, and Milpitas Transit Center. The Sango Road Extension will provide direct bicycle, pedestrian, and vehicle access from nearby commercial areas, neighborhoods, parks, schools, and transit centers to the planned Metro Tango Park and residential developments in the Tango District; and will be constructed according to road standards set forth in the TASP/MMSP, which is 11’ vehicular travel lanes with a 12’ planter and sidewalk in both directions and an 8’ parking lane. The Sango Road Extension is a function of BIP items #9, 28, 29, and 43.

The City is responsible for building half of the Sango Road Extension that fronts the City’s planned Metro Tango Park. As 355 Sango Court and the Parkside West 2 residential development projects are conditioned to dedicate and construct half of the road along their respective frontage, the City partnered with the developer of each project to construct the City’s half of Sango Road Extension to have a fully functional road after construction. In turn, the City will reimburse each developer for the City’s cost-share of the road. 355 Sango Court development completed its portion of the road in 2023, and the Parkside West 2 development is anticipated to complete the remaining portion of the road by the end of 2026.

On June 11, 2024, the City Council adopted Resolution No. 9341 (“Attachment b”), approving Site Development Permit No. SD23-0011, Conditional Use Permit No. UP23-0007, Vesting Tentative Map No.

MT23-0001, Density Bonus Permit DB23-0002, Tree Removal Permit TR23-0015, and Environmental Assessment No. EA23-0002 to construct a 43-unit townhome-style condominium subdivision at 1905 Tarob Court (“Parkside West 2 Development”) by Toll West Coast, LLC (“Developer”). As part of the resolution, the Developer is conditioned to enter into a Fee Reimbursement Agreement (“Attachment a”) with the City to be reimbursed for the design and construction of the City’s half portion of the Sango Road Extension as highlighted in orange in the agreement. On August 19, 2025, the City Council approved the Final Map for

Tract No. 10643 and the Subdivision Improvement Agreement for Parkside West 2 Development for the construction of public improvements.

ANALYSIS:

The South Milpitas Boulevard Road Extension, Project No. 2016 (“SMB Project”), is included in the adopted FY 2026-2030 Capital Improvement Program and provides for the design and construction or reimbursement of the South Milpitas Boulevard and Sango Road Extension. The estimated cost for the SMB Project is $15.7 million, of which $12.7 million is funded by TADIF and $3.0 million is funded by a federal earmark authorized through the Community Project Funding/Congressionally Directed Spending bill in March 2022.

Per the Resolution No. 9341, the Developer will construct the remaining portion of the Sango Road Extension (from 355 Sango Court development to Tarob Court) and the City will reimburse the Developer for the City’s cost share. The reimbursement will be for the construction of the asphalt concrete pavement, decorative pavement for the parking lane, concrete improvements for sidewalks, curbs, gutters, and driveway approach, streetlights, traffic flashing beacons, landscaping and irrigation, various utilities mains and services, and associated environmental compliance required by the California Water Resources Control Board.

Staff recommends that the City Council approve and authorize the City Manager, or designee, to execute the Fee Reimbursement Agreement with Toll West Cost, LLC, in an amount not-to-exceed $1,110,530 for the City’s cost share of the remaining portion of the Sango Road Extension that fronts Metro Tango Park as highlighted in orange in the agreement. The Developer will be reimbursed for the actual cost of construction of the public improvements eligible for reimbursement, which is to be funded by TADIF through the SMB Project, where the funding has already been appropriated.

PROJECT SCHEDULE/KEY MILESTONES:

The work is anticipated to be completed by the end of 2026, allowing City staff to begin construction of the South Milpitas Boulevard Road extension in 2027.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve and authorize the City Manager, or designee, to execute a Fee Reimbursement Agreement with Toll West Coast, LLC.

Pros: None

Cons: Staff resources will have to be reallocated to manage the construction of the City’s portion of the Sango Road Extension, which will postpone the construction schedule for the road extension of South Milpitas Boulevard and Metro Tango Park projects. In addition, the opening of the Sango Court to Tarob Court will be delayed by one to two years and continue to cause circulation issues between neighborhoods.

Reason for not recommending: Staff has determined that there is a financial benefit and greater efficiency in having the Developer construct the entire road extension of Sango Court and to be fully functional after the completion of construction that is anticipated by the end of 2026.

FISCAL IMPACT:

As of October 31, 2025, the available funding in the SMB Project is $11,586,512, which is funded by TADIF and a federal earmark through the Community Project Funding/Congressionally Directed Spending bill of 2022. There is sufficient funding available to execute a Fee Reimbursement Agreement with Toll West Coast, LLC in the amount not to exceed $1,110,530. The City will reimburse the Developer for the actual construction cost upon the City’s acceptance of the improvements.

Summary of Estimated Project Expenditures
Estimated Construction Budget for S.

Milpitas Boulevard Road Extension
$10,400,000
Reimbursement Agreement with Toll
Brothers
$1,110,530
Total Project Cost $11,510,530

California Environmental Quality Act (CEQA):

This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).

Attachments:
(a) Fee Reimbursement Agreement
(b) Resolution No. 9341

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager, or Designee, to Execute the Improvement Agreement with Duke Realty Limited Partnership for a New Industrial Building at 475-525 Sycamore Drive (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408- 586-3303)
Category: Consent Calendar-Community Development
Meeting Date: 11/18/2025
Recommendation:

Approve and authorize the City Manager, or designee, to execute the Improvement Agreement between the City of Milpitas and Duke Realty Limited Partnership with a value of $929,000 for a new industrial building at 475-525 Sycamore Drive to be completed within one (1) year from the date of the Improvement Agreement.

BACKGROUND:

On February 22, 2023, the Planning Commission approved Site Development Permit No. SD22-0002 and SD22-0016, Conditional Use Permit No. UP22-0008, Tree Removal Permit No. TE22-0009, and Environmental Assessment No. EA22-0004 to construct an approximately 293,422 square-foot tilt-up concrete industrial building and associated site and public improvements at 475-525 Sycamore Drive (Project) by Duke Realty Limited Partnership (Developer).

ANALYSIS:

In accordance with City Municipal Code X-1-10.02 – Agreement, the Developer is required to enter into an Improvement Agreement with the City for the construction of Off-Site Public Improvements (Improvements) associated with the Project, which will be completed concurrently with the on-site work. The Improvements will be accepted by the City after completion of construction including concrete improvements such as replacement of curb and gutter and driveway aprons, and installation of a new sidewalk along the entire Project’s frontage; pavement improvements including full-street width slurry seal of Sycamore Drive and half-street width asphalt overlay on Barber Lane; traffic striping and signage improvements; new utility improvements such as sewer, storm, and domestic water services; and installation of landscaping and irrigation. The Improvements will be completed within one (1) year from the date of the Improvement Agreement, and the work is guaranteed by bonds or similar securities to be posted by the Developer in the amount of $929,000.

The City Engineer has reviewed the Public Improvement Plans (2-1463) and is recommending the City Council approve the Improvement Agreement to allow for the construction of improvements associated with the Project after approval.

POLICY ALTERNATIVE(S):

Alternative: Do not approve the Improvement Agreement.

Pros: None
Cons: The denial of approval of the Improvement Agreement will cause construction of the offsite public improvements to be delayed and will prevent the Developer from occupying the new industrial building.

Reason for Not Recommending: The Improvements are designed to support the public and the Project. Staff recommends approval of the Improvement Agreement to enable the Project to move forward.

FISCAL IMPACT:

The Developer reimbursed the City for costs associated with plan review, permitting and construction inspection of the Improvements to be constructed by the Developer. The City will have perpetual ownership and maintenance responsibilities of the Improvements following construction and acceptance after the 1-year

warranty period of the Project. The Public Works Department provides funding for future maintenance of newly accepted City infrastructure through their operating budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

On January 6, 2023, the Planning Department completed an environmental impact assessment for the project in accordance with the California Environmental Quality Act (CEQA) and based on such assessment, decided to prepare an Initial Study and Mitigated Negative Declaration (IS/MND) for the Project in accordance with CEQA, and State and local guidelines implementing CEQA. The City provided a Notice of Intent (NOI) to adopt a mitigated negative declaration to the public, responsible agencies, trustee agencies, and the County Clerk.

On February 22, 2023, the Planning Commission of the City of Milpitas adopted the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

The present action is an organizational, administrative, or fiscal 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.

ATTACHMENT(S):
(a) Attachment 1 - Improvement Agreement
(b) Attachment 2 – Resolution No. 23-003

RESOLUTION NO. 23-003

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS,

ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) AND A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) IN ACCORDANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING SITE DEVELOPMENT PERMIT NO. SD22-0002 (NEW BUILDING), SITE DEVELOPMENT PERMIT NO. SD22-0016 (MASTER SIGN PROGRAM), CONDITIONAL USE PERMIT NO. UP22-008, TREE REMOVAL PERMIT NO. TE22-0009, AND ENVIRONMENTAL ASSESSMENT NO. EA22-0004:, TO ALLOW DEVELOPMENT OF A NEW APPROXIMATELY 293,422-SQUARE

FOOT TILT-UP CONCRETE INDUSTRIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS LOCATED AT 475-524 SYCAMORE DRVE (APN 083-31-001, AND THE ATTACHED CONDITIONS OF APPROVAL.

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City of Milpitas is the lead agency for the proposed project described below; and

WHEREAS, on March 29, 2022, Jason Bernstein, on behalf of Prologis (the “Applicant), submitted an application to the City of Milpitas for the approvals necessary for Site Development Permit No. SD22-0002 & SD22-0016, Condition al Use Permit No. UP22-008, Tree Removal Permit No. TE22-0009, and Environmental Assessment No EA22-0004. The proposed development (the “Project”) thus consists of and requires:
x Site Development Permit: New main building designed for multiple unknown tenants and Master Sign Program to identify areas for tenant building signage. x Conditional Use Permit: For buildings that exceed three stories or 35 feet, up to a maximum of six stories or 75 feet, within the MP districts. x Tree Removal Permit: Removal of 111 trees, including 70 ordinance-protected trees, and replacement of 140 new trees.
x Environmental Assessment: Initial Study/Mitigated Negative Declaration and associated Traffic analysis to determine the potential impacts on the environment.

WHEREAS , Milpitas City Staff conducted a full analysis of the Project to ensure compliance with the City’s General Plan, Zoning Ordinance, Engineering Design Requirements and all other applicable laws, regulations and standa rds, as all further explained in detail in City staff’s report to the Planning Commission; and

WHEREAS, the City of Milpitas is the lead agency and the Milpitas Planning Commission is the decision-making body for the proposed Project; and








 

    



Resolution No. 23-003 Page 2

WHEREAS, the Planning Department completed an environmental impact assessment for the project in accordance with the California Environmental Quality Act (“CEQA”) and based on which assessment, decided to prepare an Init ial Study and Mitigated Negative Declaration (IS/MND) for the Project in accordance with CEQA, and State and local guidelines implementing CEQA. On January 6, 2023, the City provided a No tice of Intent (NOI) to adopt a mitigated negative declaration to the publ ic, responsible agencies, trustee agencies, and the County Clerk.

The IS/MND was available for public review from January 6, 2023, through February 6, 2023, and is available for public review and inspection at the City’s website, https://www.milpitas.gov/milpitas/departments/environmentaldocuments/; and

WHEREAS, the IS/MND reflects the independent judgment and analysis of the City, as lead agency under CEQA and, based upon the information contained in the IS/MND, pending any comments received thereon, and the whole record before the City, there is not a fair argument nor substantial evidence that the Project, togeth er with Conditions of Approval, including without limitation, mitigation measures identified in the IS/MND and the Mitigation Monitoring and Reporting Program adopted herein, will not have a significant effect on the environment; and

WHEREAS, the Initial Study/Mitigated Declaration concluded that implementation of the Project could result in a number of significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less than significant level; and

WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to less than significant level; and

WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effect s on the environment, CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program to ensure compliance with the mitigation measures during the project implementation; and

WHEREAS, the Planning Commission considered the proposed IS/MND and Mitigation Monitoring and Reporting Program, together with any comments received during the public review process for the IS/MND, prior to making any decision on the Project; and

WHEREAS, on February 22, 2023, the Planning Commission held a duly noticed public hearing on the subject application, at which all those in attendance were given the opportunity to speak on the Project; and

WHEREAS, the Planning Commission has considered all the written and oral testimony presented at the public hearing in making its decision; and

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

SECTION 1. Recitals







 

    



Resolution No. 23-003 Page 3

The Planning Commission 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 th e Planning Commission. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2: Record

The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based is within the Planning Department, City of Milpitas, 455 East Calaveras Boulevard, Milpitas, California 95035

SECTION 3. California Environmental Quality Act (CEQA)

The Project is in compliance with CEQA Guidelines Section 15064, 15071, and 15370 that an Initial Study/Mitigated Negative Declaration (IS/MND) conducted an environmental assessment of the project in accordance with the California Environmental Quality Act (CEQA) titled “475 Sycamore Drive Project Draft Initial Study/Mitigated Negative Declaration” (IS/MND). On January 6, 2023, the City provided a notice of intent to adopt a Mitigated Negative Declaration to the public, responsible agencies, trustee agencies, and the County Clerk.

The IS/MND was available for public review from January 6, 2023, through February 6, 2023.

Also, in conformance with CEQA, the City has prepared a Mitigation Monitoring and Reporting Program for reporting or monitoring on the measures the City hereby has either required or made a condition of approval to the Project to mitigate or avoid significant environmental effects, which is adopted together with the IS/MND, and is attached as Exhibit 2 to this Resolution.

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

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

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

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

SECTION 3. Site Development Permit (Section XI-10-57-03(F))

The Planning Commission makes the following findings based on the evidence in the public record in approving Site Development Permit No. SD22-0002:

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






 

    



Resolution No. 23-003 Page 4

The building massing maximizes the daylight and views from the building through the large, glazed façade. The high-quality architecture sets a new standard for future development in the southeast employment area. The building façade along Sycamore Drive and Barber Lane uses glazing and high-quality finishes that wrap the building corner, with colors that emphasize the public entrances along those same streets. The proposed landscaping plan incorporates water conservation, adaptive reuse of water, new pe destrian sidewalks, and two outdoor amenity seating areas along Barber Ln., which creates a compatible and aesthetically harmonious site with adjacent and surrounding development.

2. The proposed use is consistent with the Milpitas Zoning Ordinance.

The project site is zoned Indus trial Park (MP), which allows industrial uses by-right. As demonstrated in Table 1, the project complies w ith the development standards as set forth in the Zoning Ordinance.

Table 1: Summary of Development Standards

Standards Proposed Complies
Lot Area,
minimum
Individual sites shall be of such size so
that all space requirements in this table
are satisfied
611,294 sq. ft. Yes
Lot Width,
minimum 100’ 990’ Yes
Front Setback,
minimum 35’ 104’ Yes
Street Side
Setback,
minimum
35’ 50’ Yes
Interior Side
Setback,
minimum
10’ 69’ Yes
Rear Setback,
minimum 20’ 136’ Yes
Floor Area
Ratio 0.50 0.48 Yes
Building
Height,
Maximum
None. However, prior to construction
of any structure that exceeds three (3)
stories or thirty-five (35) feet in height,
the Planning Commission must make
the following finding:

That any such excess height will not
be detrimental to the light, air or
privacy of any other structure or use
currently existing or anticipated
50’
Yes, with
conditional
use permit
Parking Office: 1 per 350 sq. ft.

Warehouse:1 per 1,500 sq. ft. 288 stalls Yes







 

    



Resolution No. 23-003 Page 5

222 stalls required
Landscaping Required front yard area and required
street side and yard area
Landscaping
proposed within the
required street side
and side yard area
Yes

3. The proposed use is consistent with the Milpitas General Plan.

The General Plan designation for the project site, Business Park Research & Development (BPRD), is intended to accommodate business parks, high-intensity office buildings, light manufacturing parks, and light industrial areas that provide for a variety of businesses that support employment opportunities and services for Milpitas and the region. The BPRD designation enables the integration of research and development, office, small warehouse and light manufacturing uses in one location, and allows existing firms to grow/expand operations onsite. As proposed, the project is consistent with the BPRD designation and complies with the policies in the City’s General Plan, as outlined in Table 2.

Table 2: General Plan Consistency

Policy Consistency Finding
ED 1-5
Make Milpitas a more predictable place for
companies to do business by reducing
impediments to growth and actively planning to
provide adequate space for companies to meet
long
-term growth needs.

Consistent: The proposed building will allow
new tenant companies looking for flexible
open-plan space with a large footprint a place
to create employment centers and create a
predictable permitting process for new
tenants.

LU 7-3
Encourage the development of new industrial,
manufacturing,
and business park areas and the
redevelopment of existing older or marginal
areas with new similar uses, especially those in
locations which facilitate efficient multi
-modal
commute patterns. Use available public
financing to provide necessary infrastructure
improvements to encourage economic
development and revitalization.

Consistent: The redevelopment of the
existing older underutilized site will lead to a
new state
-of-the-art industrial building in a
business park setting. The project will also
improve
access to existing public transit by
providing public sidewalks and improved
onsite bike storage for commuters who utilize
the VTA bus stop within 0.4 miles and the
Milpitas BART Station within 2.0 miles.

CD 1-2
Encourage infill development projects to
accommodate contemporary uses and design
and planning approaches and requirements in
manner that minimizes conflicts with the
surrounding existing development.

Consistent: This infill project will
accommodate a new warehouse/distribution
building to serve the needs of contemporary
business. The project site is surrounded by a
mix of commercial and light industrial uses,
and the proposed project will not create a







 

    



Resolution No. 23-003 Page 6

Policy Consistency Finding
conflict with the surrounding development
but add to the diverse building types in the
area.

Site Development Permit - Sign Program
To approve the Site Development Permit SD22-0016 , the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.03(F)(2):

1. All elements of the sign, including design, lighting, scale, length and materials, are consistent with the intent of the General Plan, the Sign Ordinance and any applicable Specific Plan.

As proposed, the sign program is in conformance with the policies in the City’s General Plan, as outlined in Table 2. The flexibility for ne w tents to design high-quality signs, that will incorporate materials of the proposed development demonstrates how the sign program further complies with Municipal Code Section XI-10- 24.03 (B)(1)(a) related to signs development.

In addition, this ensure a streamlined review process, for new unknow tenants.

2. The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves.

The design, scale, and material s of the signs harmonize with the architectural design and details of the buildings on the property. The signs will have painted surfaces that will be smooth and free of visible flaws and imperfections, consist of durable rust-inhibiting materials that are appropriate and complimentary to the buildings, and internally illuminated with LED halo lighting.

3. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed.

The proposed signs provide visibility and legibil ity and have the appropriate relationship of scale and height to the building. The signs are appropriate and necessary given that the location of the buildings and tenants are dispersed throughout site and are set back from the street. The location of the signs will not have an adverse impact on sight distance or create other traffic hazards.

4. The design and materials of the sign provide a contrast between the background and letters.

The wall signs have aluminum construc ted channel letters with through face and halo illumination to create contrast between the background and letters. The freestanding sign consists of an aluminum sign cabinet that will be painted white on the majority of the visible surfaces. A chrome accent with delineate each tenant logo, and the building address, as depicted in Figure 6 and attachmen t C. Master Sign Program. Tena nt logos will be internally illuminated with LED to create contrast betwee n the background and the letters. The internal 






 

    



Resolution No. 23-003 Page 7

illumination of the signage provides a contrast between the painted aluminum sign cabinets and the letters of the sign.

5. If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building-mounted signs.

The freestanding sign’s design is consistent with the style and architecture of the existing buildings on the property. The three signs will be located along the east and south sides of the property, where there is no freestanding signage, to provide wayfinding at this location.

Sign Program additional findings

6. The provisions of the Sign Program ensure consistency in design and style of all new signs.

The Sign Program specifies the sign type, letter and logo heights, and designates sign locations to ensure orderly, harmonious, and aesthetic busin ess identification for the light industrial center. The Sign Program includes an individual tenant freestanding sign and two multi-tenant freestanding signs. The proposed tenant identification signs for the building consist of internally illuminated LED lighting, as well as pre-painted aluminum faces and returns.

7. The provisions of the Sign Program address co mpatibility of the design and style of any existing signs on the building or site.

All existing signs on site will be removed and replaced with signs that comply with this master sign program.

8. All new signs within the Sign Program comply with the design guidelines of this Chapter.

The project is consistent with Chapter 24 (Signs) of the Milpitas Municipal Code and is within the total allowable sign area. The proposed logo and lettering of the tenant building identification signs are appropriate and proportionate to the scale and massing of the buildings.

The sign program establishes sign criteria that provides for design consistency and uniformity for signage. The signs within the designated sign bands on the multi-tenant freestanding sign comply with sign area and height requirements. The logo and lettering on the freestanding signs are appropriate for the size of the freesta nding sign structure and provide for attractive, clear, and legible business identification.

Conditional Use Permit
To approve a maximum building height exceeding three stories or 35 feet in height, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.03(F)(2): the Planning Commission makes the following findings based on the evidence in the public record in approving Conditional Use Permit No. UP22-0008 to exceed three stories or 35 feet in height:

1. That any such excess height will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.








 

    



Resolution No. 23-003 Page 8

The Zoning Code permits a height above the 35-foot requirement if the Planning Commission determines that the increased height will not be detrimental to the to the light, air, or privacy of any other structure or use existing or anti cipated. A shadow study was completed to demonstrate that the height of the building will not block or cast shadows onto the adjacent buildings, public sidewalks, public open spaces throughout the year. In addition, the building is setback further than the minimum interior side yard by 59’ and rear yard by 116’, further establishing a less the dominant building mass.

2. The proposed use is consistent with the Milpitas Zoning Ordinance.

The project site is zoned Indus trial Park (MP), which allows industrial uses by-right. As demonstrated in Table 1, the project complies w ith the development standards as set forth in the Zoning Ordinance.

3. The proposed use is consistent with the Milpitas General Plan.

As proposed, the project is in conformance with th e policies in the City’s General Plan, as outlined in Table 2.

4. The design, location, size, and bulk of the proposed building is compatible with the existing and allowed future land uses in the vicinity.

The architectural design of the proposed build ing accentuates the façade along Sycamore Drive and Barber Lane using glazing and high-quality finishes that wrap the building corner, with colors that emphasize the public entrances along those same streets. The proposed design is compatible with existing development in th e vicinity and sets a high design standard for future development in the area, as envisioned by the BPRD General Plan land use designation and its corresponding zoning district.

5. The building's design provides an appropriate transition in scale to structures in adjacent residential districts.

There are no residential districts adjacent to th e subject site as shown in Map 1: Project Location.

6. The building's design minimizes shadows on public sidewalks, public open spaces, and solar facilities on adjacent parcels through step-backs at upper levels or other design elements.

A shadow study was completed to demonstrate th at the height of the building will not block or cast shadows onto the adjacent buildings, public sidewalks, public open spaces throughout the year. In addition, the building is setback fu rther than the minimum interior side yard by 59’ and rear yard by 116’, further establishing a less dominant building mass.

7. The building will not create a dominating visual prominence that is incongruent with the scale and character of the neighborhood.








 

    



Resolution No. 23-003 Page 9

The proposed design, its architectural elemen ts, and the commensurate sizes of other industrial/lodging establishments in the nea rby area, including, but not limited to, Element Hotel (five floors) Crown Plaza (12 floors), Larkspur Landing (four floors), Home2 Suites (five floors), and Holiday Inn (four floors), will enable the proposed project to appropriately fit into the industrial neighborhood.

8. The building meets all other development standards for the site where it is located.

As demonstrated in Table 3, the project complies with the development standards as set forth in the Zoning Ordinance.

SECTION 4: Planning Commission Approval

The Planning Commission of the City of Milp itas hereby adopts Resolution No 23-003 adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Site Deve lopment Permit No. SD22-0002 & SD22-0016, Conditional Use Permit No. UP22-0008, Tr ee Removal Permit No. TE22-0009, And Environmental Assessment No EA22-0004, to develop an approximately 293,422-square foot tilt- up concrete industrial building and associated site improvements based on the above Findings and subject to the Conditions of Approval attached hereto as Exhibit 1, and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit 2 incorporated herein.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on February 22, 2023.

Chair

TO WIT:

I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on February 22, 2023 and carried by the following roll call vote:

COMMISSIONER AYES NOES ABSENT ABSTAIN
Bill Chuan
Larry Ciardella
Mercedes Albana
Alexander Galang
Dipak Awasthi







 

    






Resolution No. 23-003 Page 10

COMMISSIONER AYES NOES ABSENT ABSTAIN
Zeya Mohsin
Sonia Medina-Ashby
Bill Chuan








 

    



Resolution No. 23-003 Page 11

EXHIBIT 1

CONDITIONS OF APPROVAL FOR 475-525 SYCAMORE DRIVE
SITE DEVELOPMENT PERMIT NO. SD22-0002 & SD22-0016, CONDITIONAL USE PERMIT NO. UP22-008, TREE REMOVAL PERMIT NO. TE22-0009, AND ENVIRONMENTAL ASSESSMENT NO. EA22-0004 LOCATEAD AT 475-525 SYCAMORE DRIVE (APN 083-31-001)

General Conditions

1. General Compliance. The applicant and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every c ondition set forth in this Permit. This Site Development Permit No. SD22-0002 & SD22 -0016, Conditional Use Permit No. UP22- 008, Tree Removal Permit No. TR22-009 and Environmental Impact Assessment EA22- 0004 (collectively “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the belo w-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office and a copy shall be provided to the Planning Division.

2. The Permittee shall develop the approved projec t in conformance with the approved plans (dated March 22, 2022), sample color and materials board approved by the Planning Commission, in accordance with these Conditions of Approval. (P)

3. Modifications to project. Any deviation from the approved site plan, floor plans, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other a pplicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance
. (P)

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

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

6. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of th is Permit is the date on which the decision-making body approved this Permit.








 

    



Resolution No. 23-003 Page 12

7. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:

a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.

8. Permit Expiration. Pursuant to Section XI-10-64-06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitt ed by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the project:

a. Completes a foundation associated with the project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements ne cessary to commence the use, or obtains an occupancy permit, whichever is sooner.

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

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

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

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

12. Cost and Approval. Permittee shall fully co mplete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to the City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges 






 

    



Resolution No. 23-003 Page 13

are due and paid in full to the City. There is no vesting of any fees or charges with the adoption of this Resolution. (ALL)

13. Conditions. Each and every condi tion set forth in this Exhibit shall apply to the project and continue to apply to the project so long as the Permittee is operating the project under the permits and approvals in this Resolution. (ALL)

14. Compliance with Laws. The construction, us e, and all related activity authorized under this Permit shall comply with all applicable loca l, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)

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

16. Indemnification. To the fullest extent per mitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold ha rmless City, its City Council, its boards and commissions, officials, officers, employees, and ag ents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (i ncluding without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which Ci ty incurs in enforcing the indemnification provisions set forth in this condition. Permit tee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, a ny amount owed pursuant to the indemnification requirements prescribed in this condition.

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

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

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








 

    



Resolution No. 23-003 Page 14

20. Compliance with Fire Department and California Fire Code. The Project shall comply with the requirements of the Milpitas Fire Department and the California Fire Code as adopted by the City. Changes to the site plan and/or building(s) requires review and approval by the Fire Department. (F)

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

PROJECT SPECIFIC CONDITIONS

22. Equipment Screening. All rooftop equipment shal l be adequately screened from the parking lot areas and the public street. All ground-mounted equipment shall be adequately screened, if feasible, and subject to the Planning Departme nt review and approval. If the screening is proven infeasible as solely determined by the Planning Director, then all ground-mounted equipment and surrounding bollards (if any) shall be of design a nd color that will minimize visual impact. (P)

23. Public Art Requirement: Permittee shall comply w ith the City’s Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI-10-14. If Permittee opts to pay a fee in lieu of installing public art on site, the fee shall be no less than one-half of one percent of building developm ent costs and shall be payab le at time of building permit issuance, or installation of “Public Art”, as defined per MMC Section V-20-310 and XI-10-

14.01. (P)

12. Affordable Housing Ordinance. Permittee shall comply w ith the requirements in accordance with Section XII-1-5.02 of the Milpitas M unicipal Code, regarding the Non-Residential Affordable Housing Impact Fee, which shall be paid prior to issuance of building permit.

24. Mitigation Monitoring and Reporting Program (MMRP). Permittee shall comply with the requirements of the MMRP (Exhibit 2) pursuant to State law (Public Resources Code Section 21081.6).

25. The applicant agrees to the two recommendations as described in the Supplementary Local Transportation Analysis (LTA) for 475 Sycamore Drive Industrial as exhibit F.

PRIOR TO CONSTRUCTION PLAN SUBMITTALS







 

    



Resolution No. 23-003 Page 15

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

1. Modifications: The Site Development Plan dated 3/22/22 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

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

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

4. Photometric Analysis: Permittee shall submit streetlight photometric analysis for City’s review and approval by the Engineering Department along Sycamore Drive and Baber Lane that meet the Illuminating Engineering Society of No rth America (IESNA), RP8, for roadway and sidewalk lighting standards and City standard design guidelines.

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

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

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








 

    



Resolution No. 23-003 Page 16

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

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

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

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

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

12. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Sect ion 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit.
a) Installation of separate water service tap and meter for each of the following services:
commercial, irrigation, and fire.
b) Installation of separate utility service lines (commercial, fire service, sanitary sewer). c) Installation of radio-transmitted water meters with a meter antenna, any repeaters or transmitters as needed with dedicated power supplies at no cost to the City at locations acceptable to the City to ensure accurate and timely reception of meter readings. Permittee shall execute a recorded instrument providing dedicated space, access rights and dedicated power supplies to the City for operation/main tenance/repair/replacement of subject radio antenna.







 

    



Resolution No. 23-003 Page 17

d) Installation of pavement repair and micro-surfacing the full width of the impacted roadway along the project street frontage on Sycamore Drive and Barber Lane to the City Engineer’s satisfaction.
e) Installation of new sidewalk along property frontage following the back of curb to the satisfaction of the City Engineer.

13. Abandonment of Existing City U tilities: Permittee shall cap, abandon or remove any unused existing public utilities at the main and based upon City’s Abandonment Notes and to the City’s satisfaction.

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

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

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

17. Pothole Encroachment Permit: Due to multiple new utility service connections on city streets, Permittee shall pothole and verify all potential ut ility crossing conflict as part of the public improvement plan during the design stage.

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

18. Easements on the Building Permit Plans: Permit tee shall depict all existing easements to remain based upon current preliminary title repo rt and depict new ea sements on applicable building permit plans.

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

20. Stormwater Management Facilities O&M Agree ment: Permittee shall execute and record a Stormwater Management Facilities Operation and Maintenance (O&M) Agreement associated with the SWCP O&M Plan, including perpetu al maintenance of treatment areas/units, as reviewed and accepted by the Engineering Department.








 

    



Resolution No. 23-003 Page 18

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

22. Recycle Water Approval: Permittee shall use recycled water for landscape irrigation purpose, except for the interior courtyard/podium areas within the building footprint where the potable water shall be used for irrigation. Permittee shall comply with California Code of Regulations (CCR), Title 22, Division 4, Chapter 3, titled “Water Recycling Criteria” , CCR, Title 17, Division 1, Chapter 5, Subchapter 1 titled “Drinking Water Supply” and all other recycled water regulations as listed under the publication titled “California Department of Public Health Regulations Related to Recycled Water June 18, 2014”. Permittee shall obtain approval from the California State Water Resources C ontrol Board/Division of Drinking Water, South Bay Water Recycling and the City for recycled water design, including but not limited to on- site irrigation design, based upon South Bay Water Recycling Guidelines and City of Milpitas Supplemental Guidelines. All landscape plants shall be compatible with recycled water.

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

24. Solid Waste and Recycling Facility Design: Perm ittee shall comply with all applicable City design guidelines/details associated with haul route, turning ra dius, vertical and horizontal clearance, trash enclosure, staging area, storage area, etc.

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

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

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

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








 

    



Resolution No. 23-003 Page 19

27. Flood Plain Management: Part of this project is in the Flood Zone “AH”, therefore, Permittee shall comply with all applicable flood protection criterion required by the Federal Emergency Management Agency (FEMA) and MMC Title XI , Chapter 15. Permittee shall also submit a Flood Study for the Project demonstrating, to the satisfaction of the City Engineer, that the proposed development has no adverse impact to the surrounding flood plain within the Special Flood Hazard Area (SFHA) and to the flood ca rrying capacity of the area. The study should include cumulative effects of existing and proposed developments demonstrating the combined effects will not increase the wa ter surface elevation of the Ba se Flood Elevation (BFE) more than one foot at any point. For the AH Flood Zone, the flood study is required to establish the BFE, and set the building elevation accordingly. The flood study shall be consistent with the requirements in accordance with Title 44 of the Code of Federal Regulations by establishing a hydraulic model and HEC-RAS. The study shall c learly identify the lowest floor elevation as being either the bottom of garage, bottom of first floor residential units, bottom of elevator pit, etc. and shall be completely elevated out of the SFHA.

28. Mailboxes: The Permittee shall obtain informati on from the US Postal Services regarding placement of required mailboxes. Structure s to protect mailboxes may require Building, Engineering and Planning Divisions review.

29. Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “h” are based upon current fee rates; however, those fee rates are subject to change. The exact fee amount shall be determined at the time of building permit fee payment. a) Storm water connection fee at $21,562/acre for commercial. b) Water connection fee at $5.97/gpd for commercial, based upon increased water usage. c) Sewer connection fee at $8.52/gpd for commercial, based upon increased average wastewater flow.
d) Wastewater Treatment Plant fee per MMC VIII, Chapter 2, Section 7.04. e) Calaveras Boulevard Widening Traffic Impact fee per Resolution No. 7894. f) 3.8% of applicable fees in accordance with City Resolution No. 7590 as Permitting Automation Fee.
g) FEMA Flood Zone Designation Letter fee in the amount of $100.00 each.

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

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

31. On-site Recycle Water Coordination: Permittee’s cross-connection specialist shall coordinate the phasing of the construction; facilitate the cross-connection testing in order to minimize the impact for occupied buildings during cross-connection testing; sign-off before the water meter set; coordinate on-site constructi on inspection; complete the site inspection; fill out required paperwork/questionnaire; and provide them to the City for forwarding to South Bay Water Recycling.







 

    



Resolution No. 23-003 Page 20

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

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

33. Construction Staging and Employee Parking: Pe rmittee shall place all construction related materials, equipment, and arrange construction workers parking on-site and not located in the public rights-of-way or public easements.

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

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

35. Completion of Public Improvements: Permitt ee shall complete all public improvements, including but not limited to Sycamore Drive and Barber Lane frontage improvements as shown on City approved plans.

36. LOMR-F: Permittee shall submit the FEMA approved LOMR-F for each unit/building associated with the requested occupancy if project is located in the SFHA.

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

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

39. Certificate of Cross-Connection: Permittee shal l ensure that the cross-connection specialist complete the required recycled water construc tion inspection checklist, cross connection test results and any special inspection checklist as required by the South Bay Recycling Program http://www.sanjoseca.gov/index.aspx?NID=1595 and forward them to the City.

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

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








 

    



Resolution No. 23-003 Page 21

42. Assessment District: This project is located within the Landscaping and Lighting and Maintenance Assessment district No. 95-1.98-1, therefore, is subject to special tax.

(P) = Planning
(B) = Building
(E) = Engineering
(F) = Fire Prevention
(PD) = Police Department
(CA) = City Attorney

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








 

    



Resolution No. 23-003 Page 22

EXHIBIT 2

ENVIRONMENTAL MITIGATION MONITORING & REPORTING PROGRAM 475-525 SYCAMORE DRIVE (APN 083-31-001)

This Mitigation Monitoring and Reporting Program (MMRP) is formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) available for public review and inspection at the City’s website
https://www.milpitas.gov/milpitas/departments/environmentaldocuments/ prepared for the 475 Sycamore Drive Project (project). The MMRP, which is found in Table 1, lists mitigation measures recommended in the IS/MND prepared for the proposed project and identifies mitigation monitoring requirements. The Final MMRP must be adopted when the City of Milpitas (City) makes a final decision on the project.

This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the Lead Agency to adopt an MMRP when mitigation measures are required to avoid significant impacts. The MMRP is intended to ensure compliance with the mitigation measures identified in the IS/MND during implementation of the project.

The MMRP is organized in a matrix format. The first two columns identify the potential impacts and corresponding mitigation measures. The third column, entitled “Timeframe for Implementation”, refers to when monitoring will occur to ensure that the mitigating action is completed. The fourth column, entitled “Responsibility for Implementation”, refers to the party responsible for implementing the mitigation measure. The fifth column, entitled, “Oversight of Implementation”, refers to the party responsible for oversight or ensuring that the mitigation measure is implemented.







 

    



Table 1: Mitigation Monitori ng and Reporting Program
Impact Mitigation Measures Timeframe for
Implementation
Responsibility for
Implementation
Oversight of
Implementation

4.1 Aesthetics
The proposed project could
create a new source of
substantial light or glare,
which would adversely affect
day or nighttime views in the
area.

AES-1: Outdoor lighting shall be designed to minimize glare and spillover to surrounding properties. The project design and building materials shall incorporate non-mirrored glass to minimize daylight glare. All lighting elements shall comply with Sections XI-10-54.17 and XI-10-7.04 of the City’s Zoning Ordinance and the proposed lighting plan shall be reviewed and approved by the City’s Planning Division prior to issuance of a building permit.

Prior to issuance
of a building
permit
Project Applicant City of Milpitas
Planning
Department

4.3 Air Quality
The proposed project could
violate air quality standards
or contribute to an existing or
projected air quality violation
during construction.

AIR-1: In order to meet the BAAQMD fugitive dust threshold, the following BAAQMD Basic Construction Mitigation Measures shall be implemented:
x All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. x All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
x All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
x All vehicle speeds on unpaved roads shall be limited to 15 mph. x All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
x Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
x All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
x A publicly-visible sign shall be posted with the telephone number and person to contact at the City of Milpitas regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations.

During all phases
of construction
Project Applicant/
Construction
Contractor
City of Milpitas
Planning
Department
The proposed project could
expose sensitive receptors to
substantial pollutant
AIR-2: During construction of the proposed project, the project contractor shall ensure all off-road diesel-powered construction equipment of 50 horsepower or more used for the project construction at a minimum meets the California Air During all phases
of construction
Project Applicant/
Construction
Contractor
City of Milpitas
Planning
Department







 

    



Resolution No. 19-009 Page 24

Table 1: Mitigation Monitori ng and Reporting Program
Impact Mitigation Measures Timeframe for
Implementation
Responsibility for
Implementation
Oversight of
Implementation
concentrations during
construction.

Resources Board (CARB) Tier 2 emissions standards with Level 3 or higher diesel particulate control devices, or equivalent.

4.4 Biological Resources
The proposed project could
have a substantial adverse
effect, either directly or
through habitat
modifications, on native birds
protected under the
Migratory Bird Treaty Act.

BIO-1: If feasible, all vegetation removal shall be conducted during the non- breeding season (i.e., September 1 to January 31) to avoid direct impacts to nesting birds. If such work is scheduled during the breeding season, a qualified biologist or ornithologist shall conduct a pre-construction survey to determine if any birds are nesting within the project site. The pre-construction survey shall be conducted within 15 days prior to the start of work from March through May (since there is a higher potential for birds to initiate nesting during this period), and within 30 days prior to the start of work from June through July. If active nests are found during the survey, the biologist or ornithologist shall determine an appropriately sized buffer around the nest in w
hich no work will be allowed until
the young have successfully fledged. The size of the buffer shall be determined by the biologist or ornithologist in consultation with the California Department of Fish and Wildlife, and would be based on the nesting species, its sensitivity to disturbance, and the expected types of disturbance.

Prior to
vegetation
removal,
vegetation
trimming, or
ground-
disturbing
activities

Project Applicant/
Construction
Contractor
City of Milpitas
Planning
Department

4.5 Cultural Resources
The proposed project could
cause a substantial adverse
change in the significance of a
historical
archaeological
resource if such resources are
encountered during
construction.
z CUL-1: Cultural resources materials may include pre-contact resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire-affected rock, as well as historic resources such as glass, metal, wood, brick, or structural remnants.

The applicant shall inform its contractor(s) of the sensitivity of the project site for archaeological deposits, and include the following directive on the project grading plans:

“The subsurface of the construction site is sensitive for archaeological deposits. If archaeological deposits are encountered during project subsurface construction, all ground
-disturbing activities within 25 feet shall be redirected and a qualified archaeologist shall assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any archaeological materials. Archaeological deposits can include, but are not limited to, shellfish remains; bones, including human remains; flakes of, and tools made from, obsidian, chert, and basalt; mortars and pestles; historical trash deposits containing glass, ceramics, and metal artifacts; and Prior to any
ground
disturbing
activities

During all ground
disturbing
activities
Project Applicant/
Construction
Contractor
City of Milpitas
Planning
Department







 

    



Resolution No. 19-009 Page 25

Table 1: Mitigation Monitori ng and Reporting Program
Impact Mitigation Measures Timeframe for
Implementation
Responsibility for
Implementation
Oversight of
Implementation
structural remains, including foundations and wells.”
z The City shall verify that the language has been included in the grading plans prior to issuance of a grading permit or other permitted project action that includes ground-disturbing activities on the project site.

If the deposits are uncovered on the site and found to be significant (i.e., eligible for listing in the California Register of Historical Resources), the applicant shall be responsible for funding and implementing appropriate mitigation measures.

Mitigation measures may include recordation of the archaeological deposit, data recovery and analysis, and public outreach regarding the scientific and cultural importance of the discovery. Upon completion of the selected mitigations, a report documenting methods and findings shall be prepared, and the final report shall be submitted to the Northwest Information Center at Sonoma State University.

Significant archaeological materials shall be submitted to an appropriate curation facility and used for public interpretive displays, as appropriate and in coordination with a local Native American tribal representative.

4.7 Geology and Soils
The proposed project could
directly or indirectly destroy a
unique paleontological
resource or site or unique
geologic feature
if
encountered during
construction.
z GEO-1: Should paleontological resources be encountered during project subsurface construction activities, all ground-disturbing activities within 25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: (1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer- reviewed paleontological journals; (2) at least two years of professional experience related to paleontology; (3) proficiency in recognizing fossils in the field and determining their significance; (4) expertise in local geology, stratigraphy, and biostratigraphy; and (5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall During all ground
disturbing
activities
Project Applicant/
Construction
Contractor
City of Milpitas
Planning
Department







 

    



Resolution No. 19-009 Page 26

Table 1: Mitigation Monitori ng and Reporting Program
Impact Mitigation Measures Timeframe for
Implementation
Responsibility for
Implementation
Oversight of
Implementation
be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate.

The project applicant shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract documents:
“The subsurface of the construction site may be sensitive for fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5.”

4.9 Hazards and Hazardous Materials
The proposed project could
result in the release of
hazardous materials into the
environment as a result of
building demolition activities.

HAZ-1: Prior to the issuance of any demolition permits for existing structures on the project site, a comprehensive Hazardous Building Materials Survey (HBMS) for the project site shall be prepared and signed by a qualified environmental professional, documenting the presence or lack thereof of asbestos-containing materials, lead-based paint, polychlorinated biphenyls-containing materials and electrical equipment and any other hazardous building materials. The HBMS and abatement specifications shall be submitted to and approved by the City prior to the start of abatement activities. The HBMS shall include abatement specifications for the stabilization and/or removal of the identified hazardous building materials in accordance with all applicable laws and regulations. The demolition contractor(s) shall implement the abatement specifications and submit to the City evidence of completion of abatement activities prior to demolition of the existing structures.

Prior to the
issuance of a
demolition
permit
Project Applicant City of Milpitas
Planning
Department

4.10 Hydrology and Water Quality
The proposed project could
violate water quality
z HYD-1: Prior to construction, the project applicant shall prepare and implement a SWPPP, meeting Construction General Permit requirements (State Water Prior to the
issuance of
Project Applicant City of Milpitas
Engineering







 

    



Resolution No. 19-009 Page 27

Table 1: Mitigation Monitori ng and Reporting Program
Impact Mitigation Measures Timeframe for
Implementation
Responsibility for
Implementation
Oversight of
Implementation
standards or waste discharge
requirements during
construction.

Resources Control Board Order No. 2009-000–DWQ, as amended) designed to reduce potential adverse impacts to surface water quality through the project construction period. The SWPPP shall be submitted to the Planning Manager of the City of Milpitas Planning Department for review and approval prior to the issuance of any permits for ground disturbing activities.
z The SWPPP shall be prepared by a Qualified SWPPP Developer in accordance with the requirements of the Construction General Permit. These include: BMPs for erosion and sediment control, site management/housekeeping/waste management, management of non
-stormwater discharges, run-on and runoff
controls, and BMP inspection/maintenance/repair activities. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook-Construction.

The SWPPP shall include a construction site monitoring program that identifies requirements for dry weather visual observations of pollutants at all discharge locations, and as appropriate (depending on the Risk Level), sampling of the site effluent and receiving waters. A Qualified SWPPP Practitioner shall be responsible for implementing the BMPs at the site and performing all required monitoring and inspection/maintenance/repair activities.
grading permits Department
The proposed project could
violate water quality
standards or waste discharge
requirements during
operation.

HYD-2: The project applicant shall fully comply with the Water Board stormwater permit requirements, including Provision C.3 of the MRP. The project applicant shall prepare and implement a SCP for the project. The SCP shall be submitted to the Planning Manager of the City of Milpitas Planning and Neighborhood Services Department for review and approval prior to the issuance of any permits for ground disturbing activities. The SCP would act as the overall program document designed to provide measures to mitigate potential water quality impacts associated with the operation of the proposed project. At a minimum, the SCP for the project shall include:
x An inventory and accounting of existing and proposed impervious areas. x Low Impact Development (LID) design details incorporated into the project.

Specific LID design may include, but is not limited to: using pervious pavements and green roofs, dispersing runoff to landscaped areas, and/or routing runoff to rain gardens, cisterns, swales, and other small-scale facilities distributed throughout the site.
x Measures to address potential stormwater contaminants. These may include Prior to the
issuance of
grading permits
Project Applicant City of Milpitas
Planning
Department

City of Milpitas
Engineering
Department







 

    



Resolution No. 19-009 Page 28

Table 1: Mitigation Monitori ng and Reporting Program
Impact Mitigation Measures Timeframe for
Implementation
Responsibility for
Implementation
Oversight of
Implementation
measures to cover or control potential sources of stormwater pollutants at the project site.
x A Draft Stormwater Facility Operation and Maintenance Plan for the project site, which will include periodic inspection and maintenance of the storm drainage system. Persons responsible for performing and funding the requirements of this plan shall be identified. This plan must be finalized prior to issuance of building permits for the project.

4.17 Transportation
The proposed project could
result in inadequate sight
distances.

TRA-1: Prior to the issuance of a building permit, the placement of any landscaping, monuments, signs, and on-street parking zones within the sight triangles of the site driveways shall be reviewed and approved by Public Works staff to ensure that adequate sight distance is provided at each driveway.

Prior to the
issuance of a
building permit
Project Applicant City of Milpitas
Planning
Department

City of Milpitas
Engineering
Department
The proposed project could
result in hazardous conditions
for vehicles attempting to turn
around.

TRA-2: Prior to the issuance of a building permit, the project sponsor shall revise the project plans to include sufficient turnaround space, as determined by Public Works staff, the for the east-west drive aisle on the south side of the proposed building.

Prior to the
issuance of a
building permit
Project Applicant City of Milpitas
Planning
Department

City of Milpitas
Engineering
Department
The proposed project could
result in hazardous conditions
for pedestrians trying to
access the proposed building.

TRA-3: The project sponsor shall revise the project plans to include pedestrian access pathways between the proposed building and the public sidewalks along the project frontages, as well as between on-site parking areas and building entrances. Public Works staff shall review and approve the pedestrian pathways prior to the issuance of a building permit.

Prior to the
issuance of a
building permit
Project Applicant City of Milpitas
Planning
Department

City of Milpitas
Public Works
Department








 

    



Certificate Of Completion
Envelope Id: 0BC6B26AF1384D60BFD666C46639D685 Status: Completed Subject: Complete with DocuSign: Resolution 23-003 FINAL rev1 DocuSign for Chair.pdf Source Envelope:

Document Pages: 28 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 0 Liz Medina
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
Record Tracking
Status: Original
February 27, 2023 | 13:31
Holder: Liz Medina
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Chair Bill Chuan
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 67.188.2.13
Signed using mobile
Sent: February 27, 2023 | 17:49
Viewed: February 27, 2023 | 19:39
Signed: February 27, 2023 | 19:39
Electronic Record and Signature Disclosure:

Accepted: February 27, 2023 | 19:39
ID: 23ec936f-c6c2-48d3-80cb-5ee74a08ca88
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Avery Stark
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: February 27, 2023 | 19:39
Viewed: March 1, 2023 | 06:45
Electronic Record and Signature Disclosure:

Accepted: September 7, 2022 | 11:04
ID: 0f1be86d-7131-481c-bc22-4ab9e5f4e036
Liz Medina
[email protected]
Administrative Assistant
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: February 27, 2023 | 19:39
Resent: February 27, 2023 | 19:39
Viewed: February 27, 2023 | 19:51
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp

Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted February 27, 2023 | 17:49 Certified Delivered Security Checked February 27, 2023 | 19:39 Signing Complete Security Checked February 27, 2023 | 19:39 Completed Security Checked February 27, 2023 | 19:39
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO City of Milpitas (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically



















 
"


#














 
!
"



Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO City of Milpitas:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise Carahsoft OBO City of Milpitas of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO City of Milpitas To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
x You can access and read this Electronic Record and Signature Disclosure; and x You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
x Until or unless you notify Carahsoft OBO City of Milpitas as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of Milpitas during the course of your relationship with Carahsoft OBO City of Milpitas.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize the City Manager, or Designee, to Negotiate and Execute an Agreement with Paladin Drones, Inc., for the Purchase of an Additional Drone Docking Station and Renew the Annual Subscription Fee (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111; and Jared Hernandez, Chief of Police, 408-586-2406)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 11/18/2025
Recommendation: (1) Authorize the City Manager, or designee, to negotiate and execute a purchase order agreement with Paladin Drones Inc. for the purchase of an additional drone docking station and renew annual subscription fee for a 1-year term for a not-to- exceed amount of $91,875, subject to the appropriation of funds; and (2) Authorize the City Manager, or designee, to amend the agreement to extend it for up to one (1) additional twelve (12) month term and add additional compensation as required, subject to the appropriation of funds.

BACKGROUND:

In January 2025, the Milpitas Police Department (Department) implemented a Drone as a First Responder (DFR) Program to improve response times and streamline deployment. The DFR program is currently in the testing and evaluation phase. The program has demonstrated strong potential to enhance public safety response and supplement patrol operations. Preliminary data show the DFR drone arrives on scene before a police officer 73% of the time. This rapid deployment has proven valuable in quickly assessing calls for service, providing real-time information to responding officers, and, in some cases, resolving incidents without the need for an officer to respond in person.

The DFR program is demonstrating early success in enhancing public safety response. However, one of the current challenges is the geographic size of the City. With only one drone in operation, response times to the southern part of the city are longer than desired, not allowing staff to fully assess the full benefits of the program. The Department has identified Fire Station 1 as a site to install a second DFR dock, which will significantly expand coverage and reduce response times in that area. With a second drone and an extension of the evaluation period, the Department will be able to fully assess the long-term benefits and operational impacts of integrating DFR technology into routine police operations.

ANALYSIS:

On January 9, 2025, the City issued a Purchase Order (PO) incorporating a vendor agreement to purchase Paladin's Drone System Advanced Package for a not-to-exceed amount of $53,593.75. This purchase was appropriately authorized as a sole source and standardization by the City Purchasing Agent on December 5, 2024, in accordance with Milpitas Municipal Code (MMC) Sections I-2-3.06 and I-2-3.14. This original agreement reflected spending for Fiscal Year 2024-25 and included the Advanced Package, an all-inclusive base annual subscription covering one (1) drone and docking station.

The recommended purchase order agreement (PO) adds one (1) additional drone and docking station and renews the annual subscription fee for a not-to-exceed amount of $91,875, and would be effective January 9, 2026, through January 8, 2027. Issuing this additional PO increases the total Paladin Drones, Inc. purchases for combined Fiscal Year 2024-25 and 2025-26 to $145,468.75. Contracts whose cumulative value including amendments is over $100,000 require City Council approval. (MMC I-4-2.01.) Consequently, staff is bringing forward the contractual expansion of this piolet program to the City Council for approval.

A summary of the total cost is below:

Fiscal
Year
Agreement Effective
Date
NEW
Equipment &
Subscription
Combined
Cost

RENEWAL
Equipment &
Subscription
Combined Cost Total Cost Funding Source
FY24-25 1/9/2025 – 1/8/2026 $53,593.75 N/A $53,593.75 COPS 2023 Grant • Above reflects the existing (1) drone and (1) dock DFR total program cost FY25-26 1/9/2026 – 1/9/2027 $38,281.25 $53,593.75 $91,875.00 COPS 2025 Grant • Above reflects the additional drone and dock, and the DFR total program cost

POLICY ALTERNATIVE(S):

Alternative 1: Do not authorize the City Manager, or Designee, to negotiate and execute a purchase order agreement with Paladin Drones, Inc. for the purchase of an additional docking station and renew annual subscription fee for 1-year.

Pros: The COPS 2025 Grant allocation to the Police Department could be utilized for other front-line law enforcement priorities.

Cons: Without the continuation and expansion of the DFR program, the department would not be able to fully assess the long-term benefits and operational impacts of integrating DFR technology into routine police operations

Reason for Not Recommending: The DFR program is an enhancement to public safety service in Milpitas, as it has proven valuable in quickly assessing calls for service, providing real-time information to responding officers, and, in some cases, resolving incidents without the need for an officer to respond in person.

FISCAL IMPACT:

This equipment and service for the time period requested ($91,875 for January 9, 2026 through January 8, 2027) will be funded by the Police Department’s existing 2025 COPS Grant. Funding in future fiscal years will be evaluated and amended as part of the annual budget process and are subject to the annual appropriation of funds.

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. Resource Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. Even is 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 significant effect on the environment.

ATTACHMENT(S):

None.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider Donation Request from Knights of Columbus St. John Council (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408- 586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 11/18/2025
Recommendation: Approve a Donation request of $500 for the Knights of Columbus St. John Council Annual Free Thanksgiving Dinner.

BACKGROUND:

On October 23, 2025, staff received a Donation and Fee Waiver/Reduction Policy request from the Knights of Columbus St. Johns Council 5796. The request is for a $500 donation for their annual Free Thanksgiving Dinner on November 27, 2025, in Pavalkis Hall in Milpitas.

ANALYSIS:

One Donation and Fee Waiver/Reduction Policy application was received by the Recreation and Community Services Department for a donation to the Knights of Columbus St. Johns Council 5796.

Fee Waiver Request
The Knights of Columbus St. Johns Council 5796 submitted the required application and documentation for their free Thanksgiving Dinner event:

- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter

The Knights of Columbus St. Johns Council 5796 is requesting that City Council donate $500 for the costs to produce the event.

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

As required, the Knights of Columbus St. Johns Council 5796 provided a copy of their Entity Status letter and Form 990-N from the Internal Revenue Service showing they are a tax-exempt organization. The applicant meets the requirements as outlined in the Council adopted Donation and Fee Waiver/Reduction Policy.

POLICY ALTERNATIVE(S):

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

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

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

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

FISCAL IMPACT:
$25,000 was approved and included in the FY 2025-2026 City budget for City Council’s Unallocated Community Promotions with a current balance of $22,544. If this request is approved by the City Council, then $22,044 would remain in that line item of the current year’s budget.

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. The action is at most a fiscal or administrative activity of the City government 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.

ATTACHMENT(S):
(a) Knights of Columbus St. Johns Council 5796 Application (b) Knights of Columbus St. Johns Council 5796 Entity Status letter

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Milpitas Arts and Culture Grant Request for a Cultural Menorah Lighting Event (Staff Contact: Renée Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 11/18/2025
Recommendation: Approve a Milpitas Arts and Culture in-kind grant request from Dina and Marvin Serber for a Cultural Menorah Lighting Event on December 21, 2025.

BACKGROUND:

The Milpitas Arts and Culture Grant (MACG), formerly the Cultural Arts Support Program, started in 2001 as a way for the City of Milpitas to support enriching and free or low-cost cultural arts programming for the community. The program provides in-kind grants to cultural arts groups (i.e., nonprofit organizations, schools, clubs) and individuals in the form of free use of City of Milpitas indoor or outdoor space, wanting to offer programming or an event for the general public. Grant requests are limited to programs or event date(s) of no more than two (2) consecutive days and can include rehearsal time for a performing arts event. Grantees are also provided basic marketing support from the Recreation and Community Services Department to complement their respective outreach plans. The cumulative total of grant program or event hours, including set up and break down, is limited to 40 hours per organization/individual per year, or an in-kind grant value of $10,000; whichever comes first.

The Arts Commission reviews and recommends MACG applications to City Council for final approval.

The Arts Commission has received and reviewed one (1) request for the MACG Fall/Winter 2025 season.

Milpitas residents Marvin and Dina Serber submitted a MACG application for review and approval for a Milpitas Menorah Lighting Event on December 21, 2025, on the northeast plaza of City Hall. This would be the family’s third year producing this cultural gathering around the lighting of the Menorah in the Civic Center Plaza.

ANALYSIS:

On September 22, 2025, the Arts Commission reviewed and unanimously recommended approval of the MACG In-Kind Grant Application from Dina and Marvin Serber (applicant), requesting to use the northeast plaza of City Hall in the Civic Center Plaza, for their third Menorah Lighting Cultural event in December 2025 from 5-8 p.m.

If approved this will be the applicant’s first Milpitas Arts and Culture In-Kind Grant. The event is planned to include the lighting of the Menorah (electric), traditional cultural games, music, light refreshment, and chance drawing prizes provided by local businesses. The applicant estimates they will attract 75+ guests at the event.

The grant application requests the following allowable in-kind services and/or resources:
1) City plaza/open space for event (identified as northeast plaza of City Hall) 2) Inclusion of the event in City Marketing channels (City website MACG Landing Page, Recreation and Community Services social media pages, and e-blast to the Recreation customer list)

All applicable liability insurance, and/or permits from the City of Milpitas or outside agencies, i.e., County of Santa Clara Public Health, for the proposed grant application program/activity are the sole responsibility of the Applicant and not covered by this grant. The award of a MACG in-kind grant is not a guarantee that City and/or

outside agency permits will be granted. Should a grant applicant not be able to secure all the required permits, their program/event would need to be either scaled back, postponed, or cancelled.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve Dina and Marvin Serber’s grant request to use Milpitas Civic Center for the Menorah Lighting.

Pros: The City’s General Fund will not incur the in-kind costs of the application.

Con: Denial of the request may not allow the Applicant to hold their events.

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

PROJECT SCHEDULE/KEY MILESTONES
Applicants are responsible for all tasks and milestones to produce their event/program. Recreation and Community Services Department marketing support will begin one month prior to event/program. Installation of the City-owned menorah is scheduled for the week of December 8, 2025.

FISCAL IMPACT:

The in-kind grant value of the Menorah Lighting event request is $680, which includes the value of staff support and the space rental.

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. The action is at most a fiscal or administrative activity of the City government 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.

ATTACHMENT(S):
(a) Dina and Marvin Serber Grant Application

committee if they have any questions on why it's important for him to share his culture with the whole community.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Accepting Metropolitan Transportation Commission Transit-Oriented Communities Planning and Implementation Projects Grants (Staff Contact: Jay Lee, Planning Director, 408-586-3077) Category: Consent Calendar-Community Development
Meeting Date: 11/18/2025
Recommendation: Adopt a resolution accepting Metropolitan Transportation Commission Transit- Oriented Communities Planning and Implementation Projects Grant funding totaling to $400,000 to support development of a parking and transportation demand management policy and increased allowable floor area ratio for commercial development in Transit-Oriented Communities areas.

BACKGROUND:

On September 30, 2024, the Metropolitan Transportation Commission (MTC) invited Bay Area public agencies to submit projects for local planning and policy development to advance the MTC Transit-Oriented Communities Policy. In November 2024, City staff submitted three (3) applications for grant funding: (1) prepare a Transit-Oriented Communities overlay to increase allowable floor area ratio, (2) develop housing policy amendments, and (3) develop a parking and transportation demand management policy for the City's Transit-Oriented Communities areas.

On February 14, 2025, the MTC Planning Committee awarded the City two (2) Transit-Oriented Communities Planning grants totaling $400,000: (1) $100,000 to prepare a Transit-Oriented Communities overlay to increase allowable floor area ratio for commercial and office development near the Milpitas BART Station, and (2) $300,000 to develop a parking and transportation demand management policy for the City Transit-Oriented Communities areas. To accept this funding, the City Council must adopt a resolution supporting acceptance of the grants.

On June 3, 2025, staff presented a resolution to City Council for adoption. The City Council expressed concerns regarding the overall MTC Transit-Oriented Communities Policy and directed staff to amend the resolution language to remove statements regarding the City's overall commitment to the MTC Transit- Oriented Communities Policy and clarify the limited purposed of the respective two grants. The City Council also directed staff to obtain written confirmation from MTC regarding the limitations of the proposed resolution.

Following the meeting, staff coordinated revised resolution language with MTC that addressed the City Council concerns. Staff received written confirmation from MTC on June 11, 2025, which clarified the scope and intent of the resolution as follows:

"The resolution is the City Council's affirmation of their intent to adopt Transit-Oriented Communities compliant parking and transportation demand management policy for the three stations and a Transit-Oriented Communities overlay district for the BART Station Area as proposed in the grant application. Not the full suite of policies necessary to be Transit-Oriented Communities compliant.

As a demonstration of that commitment, we require the work developed by the consultant under city staff direction go before the council for consideration. The council retains local control and can choose not to adopt the policies developed. Because there are implications to the city not being Transit-Oriented Communities compliant, it is expected that staff and the council are motivated to work with their consultant to develop policies that work for the city." Metropolitan Transportation Commission Email, June 11, 2025)

On June 17, 2025, staff presented the revised resolution to City Council. The City Council discussed various concerns regarding the MTC Transit-Oriented Communities Policy, specifically regarding potentially relinquishing local control over land use decisions. The City Council voted to table the item for further discussion and information gathering.

The MTC Transit-Oriented Communities Policy (Policy) aims to promote higher-density, mixed-use development near major transit stations to support regional goals for housing, equity, and sustainability. The Policy encourages jurisdictions to increase housing production, enhance access to jobs and transit, reduce reliance on cars, and adopt policies protecting vulnerable communities from displacement. Alignment with the Policy is tied to eligibility for MTC transportation funding programs, particularly the One Bay Area Grant program.

The Policy applies to areas within one-half mile of existing and planned stations serviced by BART, Caltrain, light rail, bus rapid transit, commuter rail, and ferry terminals. Geographic areas are categorized by tier according to transit service level:
• Tier 1: Rail stations serving regional centers
• Tier 2: Stop/station served by two or more BART lines or BART and Caltrain • Tier 3: Stop/station served by one BART line, Caltrain, light rail, or bus rapid transit • Tier 4: Commuter rail stations, Caltrain stations south of Tamien, or ferry terminals The City has three Transit-Oriented Communities station areas: Milpitas BART Station (Tier 2), Great Mall Light Rail Station (Tier 3), and Alder Light Rail Station (Tier 3).

MTC has released a draft evaluation framework assessing jurisdictional performance across four Policy components: density, housing, parking, and station access. Each component is worth 25 points, totaling 100 points. Based on overall scores, jurisdictions are assigned to compliance levels:
• Level 1 (85-100 points): Fully Compliant
• Level 2 (40-84 points): Partially Compliant
• Level 3 (0-39 points): Not Compliant
Based on staff assessment using the draft evaluation framework and the City's existing policies, the City currently scores 39 points. Implementing the grant-funded projects would allow the City to score additional points and move into the "Partially Compliant" level, making the City more competitive for future MTC discretionary grant funding, including the One Bay Area Grant program that supports many of the City's transportation infrastructure projects.

As of the writing of this Agenda Report, MTC has received 38 resolutions accepting grant funds from the 40 jurisdictions awarded Transit-Oriented Communities grants (see listing below). The City of Orinda is scheduled to submit their resolution to its governing body for approval on November 18, 2025. Milpitas is currently the only other jurisdiction in the group that has not yet submitted a resolution.

Metropolitan Transportation Commission Transit-Oriented Communities Grant Awards by Jurisdiction

Jurisdiction Have they signed resolution?
Alameda County Community
Development Agency
Yes
Antioch Yes
Belmont Yes
Berkeley Yes
Castro Valley Yes
Colma Yes

Concord Yes
Contra Costa County Yes
Daly City Yes
El Cerrito Yes
Emeryville Yes
Hayward Yes
Healdsburg Yes
Lafayette Yes
Larkspur Yes
Marin County Yes
Menlo Park Yes
Millbrae Yes
Milpitas No (scheduled for 11/18 consideration)
Morgan Hill Yes
Novato Yes
Oakland Yes
Orinda No (scheduled for 11/18 consideration)
Petaluma Yes
Pittsburg Yes
Pleasant Hill Yes
Pleasanton Yes
Redwood City Yes
San Bruno Yes
San José Yes
San Leandro Yes
San Mateo City Yes
San Mateo County Yes
San Rafael Yes
Santa Clara City Yes
Santa Rosa Yes
Sausalito Yes
Sonoma County Yes
South San Francisco Yes
Windsor Yes

It is important to note that adopting the respective resolution does not commit the City to the full MTC Transit- Oriented Communities Policy. The resolution commits the City only to considering the policies developed through the grant-funded consultant work. The City Council retains complete authority to accept, modify, or reject any recommendations resulting from this process.

ANALYSIS:

Following a multi-year planning process, the City adopted the Milpitas Metro Specific Plan on February 7, 2023. The Metro Plan updated the Transit Area Specific Plan, originally adopted in 2008, and built upon the vision for transforming older industrial areas around the Milpitas Transit Center into high-density, mixed-use neighborhoods with direct access to transit. A key strategy is establishing an employment-focused Innovation District to accommodate approximately three (3) million square feet of new office, research and development, and advanced manufacturing development.

Staff analyzed the City's existing density standards, affordable housing policies, parking management policies, and transportation access policies compared to the MTC Transit-Oriented Communities Policy requirements.

Since the Metro Plan was recently updated, the Milpitas BART Station area is partially aligned with MTC Transit-Oriented Communities Policy for residential and office densities. The currently allowed residential density near the Milpitas BART Station through the Metro Specific Plan already aligns with the MTC Transit- Oriented Communities Policy requirements.

Floor Area Ratio Overlay Project ($100,000)
Staff proposed modifying the Metro Plan to incorporate a Transit-Oriented Communities overlay permitting greater commercial and office floor area ratio in alignment with the MTC Transit-Oriented Communities Policy.

Staff subsequently submitted an application and successfully received a $100,000 Metropolitan Transportation Commission Transit-Oriented Communities grant for this initiative.

The scope of work does not propose changes to allowed land uses, does not increase residential density in the Milpitas BART Station Transit-Oriented Communities area, and does not propose implementing a Transit- Oriented Communities overlay for the areas around the Great Mall Light Rail Station or Alder Light Rail Station.

This project focuses solely on increasing the allowed floor area ratio for commercial and office uses around the Milpitas BART Station.

Having this overlay in place will improve development feasibility and likelihood of commercial redevelopment, bring more jobs to Milpitas, and have a positive fiscal impact on the City by expanding the commercial tax base in the Innovation District.

Parking and Transportation Demand Management Policy Project ($300,000) Staff also applied for technical assistance to review the City's existing parking policies and conditions to determine an approach for achieving parking standards aligned with Transit-Oriented Communities Policy requirements within the three Transit-Oriented Communities areas. The purpose of MTC Transit-Oriented Communities Policy parking management requirements is to reduce automobile trips and prioritize limited land area near transit for shared transportation modes and active transportation.

The proposed work coordinates with the City's Comprehensive Zoning Ordinance update, which was adopted by the City Council on September 2, 2025, and the Gateway-Main Street Specific Plan which was adopted on October 28, 2025. While both long-range efforts will include parking reductions, they do not fully comply with the Transit-Oriented Communities policy requirements. This project will develop Transit-Oriented Communities area-specific parking standards. In lieu of reducing parking requirements, the City can implement transportation demand management strategies to reduce parking demand and impacts from future developments within the three Transit-Oriented Communities station areas.

Strategic Benefits and Considerations of Accepting the MTC Grant Funding Accepting the MTC grant funding provides several strategic benefits to the City. The floor area ratio overlay will enhance development feasibility in the Innovation District, supporting the City's economic development strategy and expanding the commercial tax base. Moving from "Not Compliant" (39 points) to "Partially Compliant" status improves the City's competitive position for future MTC discretionary funding, particularly One Bay Area Grant program funding that supports local transportation infrastructure projects. The projects are fully grant-funded with no required City match, and both projects align with and support existing City planning efforts.

The City Council retains complete authority to accept, modify, or reject any policies developed through this process. The recommended resolution commits only to considering the consultant recommendations, not to adopting them. The project schedule anticipates final consideration of the Transit-Oriented Communities overlay and parking management policies in Summer/Fall 2027, allowing sufficient time to integrate findings from concurrent planning processes and ensure consistency across all policy documents.

POLICY ALTERNATIVE(S):

Alternative 1: Decline the grant funding and do not pursue Transit-Oriented Communities Policy alignment projects.

Pros: Avoids any perceived commitment to regional policy alignment and maintains complete independence from Metropolitan Transportation Commission policy frameworks.

Cons: Forgoes $400,000 in grant funding for projects supporting existing City priorities; maintains "Not Compliant" status that may disadvantage the City in future Metropolitan Transportation Commission discretionary grant competitions; creates potential perception issues as the only Santa Clara County jurisdiction declining participation; delays Innovation District implementation support.

Reason for Not Recommending: The grant-funded projects support existing City planning priorities (Metro Plan Innovation District, comprehensive zoning ordinance update, Gateway-Main Street Specific Plan update) and provide $400,000 in funding at no additional cost to the City. The recommended resolution language clearly preserves City Council authority over final policy adoption. Declining the grants would forego these benefits without meaningful preservation of local control, as the City Council retains full decision-making authority even with grant acceptance.

PROJECT SCHEDULE/KEY MILESTONES
• December 2025: Kick-off meeting with Metropolitan Transportation Commission staff • January 2026: Kick-off meeting with Metropolitan Transportation Commission-selected consultant • Summer/Fall 2027: City Council consideration of parking management policy and commercial floor area ratio zoning overlay for potential adoption

FISCAL IMPACT:

The awarded grant funding from Metropolitan Transportation Commission through the Transit-Oriented Communities Policy Grant Program will fully cover the cost to prepare the Transit-Oriented Communities overlay and parking and transportation demand management policy. One grant provides $100,000 for the floor area ratio overlay project while the other grant provides $300,000 for the parking and transportation demand management policy project, totaling $400,000. No City match or additional City funding is required.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Neither the submission of a grant application nor receiving a grant award constitutes a project, in accordance with Section 15378 of the California Environmental Quality Act Guidelines, as such actions are fiscal activities of City government that do not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment.

ATTACHMENT(S):
(a) Resolution

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

COMMITTING TO ACCEPT FUNDING FROM THE METROPOLITAN

TRANSPORTATION COMMISSION (MTC) TO PREPARE A TRANSIT

ORIENTED COMMUNITIES (TOC) OVERLAY TO INCREASE ALLOWABLE

FAR AND A PARKING AND TRANSPORTATION DEMAND MANAGEMENT
POLICY FOR THE CITY’S TOC AREAS

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, the Metropolitan Transportation Commission (MTC) is the designated recipient for state and federal funding from the Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) for transit operations, active transportation, climate initiatives, and other transportation priorities for the nine-county San Francisco Bay Area region; and

WHEREAS, on May 18, 2021 the Mayor and City Council for the City of Milpitas adopted a Legislative Advocacy Policy to establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state and federal levels of government; and

WHEREAS, the City’s adopted Legislative Advocacy Policy contains nine (9) Legislative Guiding Principles; and

WHEREAS, the City’s Legislative Guiding Principle Number 1 reads as follows: Protect Local Control: The City values its ability and authority to exercise local control, enable excellent public services and protect and enhance the quality of life for Milpitas residents and businesses. The City supports efforts to streamline regulations that benefit the administration of the City and opposes efforts that eorde the City’s authority to control its own affairs; and

WHEREAS, the MTC adopted Resolution 4530, the TOC Policy; and

WHEREAS, in 2023 MTC identified the Milpitas Bart Station as Tier 2 TOC, Great Mall Light Rail Station and Alder Light Rail Station as Tier 3 TOC in the City of Milpitas; and

WHEREAS, MTC conditions the allocation of regional discretionary funding for fixed- guideway transit extension projects on compliance with the TOC Policy; and

WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and

WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and

WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing affordability, parking, and access/circulation); and

2 Resolution No. ____
WHEREAS, the City of Milpitas' Metro Plan, Housing Element, and zoning ordinance and map already identify where new housing development is allowed; and

WHEREAS, the City of Milpitas' zoning ordinance and map already establish zoning districts with allowed land uses for Milpitas' TOC areas, which include sites zoned only for nonresidential development; and

WHEREAS, on September 30, 2024 the MTC announced a Call for Projects for Transit Oriented Communities (TOC) Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024 deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy; and

WHEREAS, the City of Milpitas submitted grant applications to MTC for $100,000 to prepare a TOC-Overlay in the BART Station area; and $300,000 for parking and transportation demand management policy development in the BART Station area, Great Mall Light Rail Station area, and Alder Light Rail Station area; in response to the MTC’s Call for TOC Planning and Implementation Projects; and
WHEREAS, the City of Milpitas accepts a grant award from MTC for $100,000 to prepare a TOC-Overlay in the BART Station area; and $300,000 for parking and transportation demand management policy development in the BART Station area, Great Mall Light Rail Station area, and Alder Light Rail Station area; in response to the MTC’s Call for TOC Planning and Implementation Projects; and

WHEREAS, the TOC-Overlay would only apply to the BART Station area and not the Great Mall Light Rail Station area and Alder Light Rail Station area, and such, the scope of work does not include any increases in commercial or residential densities in the Great Mall Light Rail Station area and Alder Light Rail Station area; and

WHEREAS, the City of Milpitas commits to completing the work to develop the associated TOC- Overlay in the BART Station area and parking and transportation demand management policy development in the BART Station area, Great Mall Light Rail Station area, and Alder Light Rail Station area work scopes following MTC’s grant awards by applying for these funds; and

WHEREAS, the City of Milpitas intends to bring forward for the City Council’s consideration for adoption the relevant plans, policies or zoning updates emerging from the work completed through the TOC-Overlay in the BART Station Area grant to comply with the TOC Policy’s density requirements; and

WHEREAS, the City of Milpitas intends to bring forward for the City Council’s consideration for adoption the relevant plans, policies or zoning updates emerging from the work completed through the parking and transportation demand management policy development grant to comply with the TOC Policy’s parking requirements; and

WHEREAS, the agreement with MTC to accept the current $400,000 grant does not require the City to adopt the policies nor does the agreement require the City to adopt any statements of compliance or support for the overall MTC TOC Policy; and

3 Resolution No. ____
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

SECTION 1. RECITALS

The City Council has duly considered the full record before it, which may include but is not limited to such things as the 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. CITY COUNCIL APPROVAL

The City Council hereby expresses its support for the City’s commitment to preparing a TOC- Overlay to increase allowable FAR and a parking and transportation demand management policy for the City’s TOC areas. These proposals will be brought forward for the City Council for review.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christopher Creech, Acting City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Presentation on Considering an Increase to the Milpitas Assistance Program Water Utilities Bill Subsidy Amount (Staff Contact: Renée Lorentzen, Director of Recreation and Community Services, 408-586-3409) Category: Community Services and Sustainable Infrastructure

Meeting Date: 11/18/2025
Recommendation: Receive presentation on Increasing the Milpitas Assistance MAP Water Utilities Bill Subsidy and provide feedback to staff.

BACKGROUND:

On August 20, 2019, Milpitas City Council adopted a resolution establishing the Milpitas Assistance Program (MAP), replacing and enhancing a previous assistance program Recreation Assistance Program. MAP is a City-run assistance program designed to provide eligible Milpitas residents with discounts and fee waivers for certain municipal services. Services covered include:
• Discounts on water/sewer utility bills for residences served by the City. • Discounts on recreation and community services programs run by the City. • Income qualification for the Residential Building Incentive Program (waiver or reduction of residential permit fees for things like water heater, furnace, air conditioning (A/C) replacement), or electrical panel change-outs.

To qualify for MAP, applicants must:
• Currently reside in Milpitas and provide two (2) proofs of residency • Provide documentation identifying household income and/or participation in qualifying assistance programs (i.e. PGE Cares, WIC, LIHEAP, CalFresh)
MAP uses income tiers (Tier 1 = Very Low Income, Tier 2 = Low Income, Tier 3 = Temporary Hardship) based on U.S. Department of Housing and Urban Development (HUD) Guidelines, to determine the level of subsidy on eligible services. Milpitas residents are qualified and assigned subsidy tiers, as follows:
• Milpitas residents who participate in qualifying assistance programs or youth in the Foster Care or Juvenile Dependency System qualify for MAP Tier 1 (Very Low Income). • Milpitas residents who are at or below the latest HUD Income Limits for Santa Clara County, fall into MAP Tier 1 (Very Low Income) or Tier 2 (Low Income)
• Milpitas residents who are experiencing temporary financial hardship due to job loss, loss of a primary wage earner, serious illness or a government shutdown, with an income that has been reduced to Tier 2 level or lower, qualify for MAP Tier 3 (Temporary).

Milpitas Assistance Program (MAP) Benefits by Tier are:

Benefit Category Tier 1 (Very Low Income) Tier 2 (Low Income) Tier 3 (Temporary
Hardship)
Water Utility Bills $22.52 flat-rate discount per
bi-monthly bill
$22.52 flat-rate discount per
bi-monthly bill
No discount (payment plan
available)
Recreation
Programs
75% discount (max $1,000
per household)
50% discount (max $750 per
household)
75% discount (max $750
per household)
Recreation
Payment Plan
No Available Available
Residential Permit
Fees*
100% waiver 75% discount (90% for
seniors 50+)
75% discount
Water Utility
Payment Plan
No No Available
Late Fee Waiver No No Yes, during eligibility period
Eligibility Period One year from approval One year from approval Six months from approval Renewal Frequency Annual reapplication required Annual reapplication required Up to twice per year *Permit fees apply to water heater, furnace, or air conditioner replacements or electrical panel change-outs.

MAP discounts will automatically cease if the customer does not reapply.

During the Fiscal Year 2025-2026 budget process, the City Council requested that staff prepare information on options for increasing the water utility bill subsidy amount.

ANALYSIS:

On average, approximately 400 households in Milpitas are continuously enrolled in MAP and receiving subsidies on city services. Based on a three-year enrollment average, 205 households receive MAP Utility Bill Subsidies annually. There are currently 236 households receiving water utility bill subsidies.

MAP Water Utility Bills
Current MAP participants receive a flat rate of $22.52 subsidy on their bi-monthly bills. The below table provides a summary of the average bill for MAP participants before and after the subsidy.

Bi-Monthly Yearly
Bill Amount (average before subsidy) $288.27 $1,729.62
Current Subsidy $22.52 $135.12
Bill Amount (average after subsidy) $265.77 $1,594.62

The current average bill of participating MAP customers is reduced by 7.8% with the subsidy.

MAP Water Utility Bill Customer Demographics
The table below shows the average Tier allocation for MAP Water Bill customers in fiscal year 2024–25. Point- in-time data collected in May 2025 indicates that 200 residents were receiving water utility subsidies.

Household Age
Category
% of overall MAP
Water Accounts
# of total
Households
# of Tier 1
Households
# of Tier 2
Households
# of Tier 3
Households
Under 65 42.5% 85 74 11 NA
65 – 74 27.5% 55 52 3 NA
75+ 30.0% 60 54 6 NA

Fifty-seven percent of MAP households include at least one resident aged 65 or older. 92% of those households are designated as Tier 1 - Very Low-Income Households.

MAP Water Utility Bill Subsidy Funding
MAP water utility bill subsidies are funded through collected water utility bill late fees (Fund 109). The Fund 109 balance at the close of FY 2024-25 was $909,751. Based on past data, $321,500 is projected to be collected in this and future fiscal years.

Current expenditures to Fund 109 are the MAP water utility subsidy and a Mobile Home Park Sewer Rate Subsidy, which was scheduled to sunset in FY 2026-27 . The full subsidy amount for the Mobile Home Park Sewer Rate Subsidy program was provided in FY 2024-25 and there is no planned distribution for FY 202627.

It is estimated that Fund 109 will only subsidize water utility bills for MAP in the amount of $31,888.

At this time, staff is assuming that the mobile home subsidy will not continue and mobile homeowners will be under the same program as the rest of the City, enabling the funds earmarked for this subsidy to be used for need-based water utility bill based subsidy funding, and the administrative costs to support the program.

Options for MAP Subsidy Increases
An increase to the MAP water utilities subsidy limit could be considered to enhance support to low-income households in Milpitas. To illustrate the budgetary impacts of subsidy increases, the below tables represent increases to both the subsidy rate, as well as participation in the program. Calculations are based on the 3- year average participation of 205 households. Subsidy increase levels highlighted represent subsidy levels approaching 50% of the average MAP participant bill amount.

Table 1 demonstrates increases to the current subsidy rate of $22.52 per bill with no increase to annual household participation.

Table 2 demonstrates increases to the current subsidy rate and a 10% increase to the annual household participation.

Table 3 demonstrates increases to the current subsidy rate to the current annual household participation (236 households).

Subsidy
Increase %
Bi monthly
Subsidy
#
Households
Served
Annual Cost
(Bimonthly
Billing)
Subsidy
Increase vs.

Current Avg. 22.52
Table 1
Avg. Participation 0% (Current) 22.52 205 $ 27,699.60 - 100% 45.04 205 $ 55,399.20 $ 27,699.60
200% 67.56 205 $ 83,098.80 $ 55,399.20
300% 90.08 205 $ 110,798.40 $ 83,098.40
400% 112.60 205 $ 138,498.00 $ 110,798.40
500% 135.12 205 $ 166,197.60 $ 138,498.00

Table 2
10% Participation Increase 0% (Current) 22.52 225 $ 30,402.00 $ 2,702.40 100% 45.04 225 $ 60,804.00 $ 33,104.40
200% 67.56 225 $ 91,206.00 $ 63,506.40
300% 90.08 225 $ 121,608.00 $ 93,908.40
400% 112.60 225 $ 152,010.00 $ 124,310.40
500% 135.12 225 $ 182,412.00 $ 154,712.40

Table 3

FY 2025-26 Participation 0% (Current) 22.52 236 $ 31,888.32 $ 4,188.72 100% 45.04 236 $ 63,776.64 $ 36,077.04
200% 67.56 236 $ 95,664.96 $ 67,965.36
300% 90.08 236 $ 127,553.28 $ 99,853.68
400% 112.60 236 $ 159,441.60 $ 131,742.00
500% 135.12 236 $ 191,329.92 $ 163,630.32

The proposed subsidy increases are within Fund 109's projected annual revenues, although participation levels remain difficult to predict. A tiered approach to subsidy increases will protect the Fund's long-term sustainability while allowing the City flexibility to address changing priorities and support the City’s Fiscal Strategy. The total cost of the water utility bill subsidy includes the administrative expenses required to operate the program, which are currently supported by the General Fund. Under the City’s Fiscal Strategy, staff time associated with administering the program will be allocated to Fund 109. Structuring the program so that the total subsidy cost remains within the estimated annual revenue of $321,500 will enable Fund 109 to also offset water utility administrative and staffing costs currently charged to the General Fund and to provide capacity for future capital improvements or other water utility initiatives.

The subsidy structure may also be revised from the existing flat-rate model to a tiered or incremental model, aligning the level of assistance with the household’s MAP income-tier designation. Under a policy scenario in which the maximum water utility bill subsidy is increased to $90 per billing cycle, the following structure could be implemented:
• Tier 1 – Very Low Income: Eligible for up to 75% of the bill amount, not to exceed $90 per billing cycle ($540 annually)
• Tier 2 – Low Income: Eligible for up to 50% of the bill amount, not to exceed $67 per billing cycle ($402 annually)
• Tier 3 – Temporary Hardship: Eligible for up to 25% of the bill amount, not to exceed $45 per billing cycle ($270 annually)

This approach would provide more effective subsidies for those households with greater need, while maintaining fiscal responsibility within the program. If the City Council would like to pursue this option, staff should receive direction to bring back a revised subsidy structure for the MAP water utilities subsidy, staff will be able to more accurately cost the program to resident needs and participation levels.

At the City Council meeting, staff will seek feedback on the various alternatives and return to the City Council at a later date for formal implementation of a potentially revised program. The City Council will be asked to provide feedback on the following:

• Would the City Council like staff to return with a formal update to the Milpitas Assistance Program to increase the Water Utility Bill subsidy amount for final Council approval? If so, what subsidy amount(s) would the City council like to consider?
• Which subsidy type would City Council like staff to include in the program update:
1) Flat Rate Subsidy
2) Tier Level (sliding scale) Subsidy
• Would the City Council like for staff to return at to a future City Council meeting to discuss a new mobile home park sewer rate subsidy?
• Would the City Council like for staff to propose a balanced approach to subsidy increases that allows for a portion of this fund to be used for increased subsidies and a portion to be used for other purposes such as supporting administrative costs?

POLICY CONSIDERATIONS(S):

Alternative 1 – Maintain the Existing Flat Rate Subsidy amount

Pros: No additional fiscal impact; maintains fund balance flexibility.

Cons: Does not enhance financial assistance for current program participants.

Reason not recommended: Does not enhance financial assistance for residents.

Alternative 2 – Implement a Moderate Increase to the Flat Rate Subsidy amount

Pros: Provides greater relief to participants; maintains general fund sustainability.

Cons: Reduces available capacity for other future program uses if participation increases significantly.

Alternative 3 – Implement a Moderate Increase through a Tiered or Incremental Subsidy amount, similar to other MAP service subsidies

Pros: Promotes equity; allows controlled fiscal impact.

Cons: Requires administrative updates to program guidelines and additional monitoring.

FISCAL IMPACT:

There is no fiscal impact as part of this report. The annual fiscal impact of increasing the MAP water bill subsidy will depend on the level of the increase and any additional program participation due to the increase as part of a future Council action item.

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. The action is at most a fiscal or administrative 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 directly or indirectly in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

ATTACHMENT(S):

None