Cities Index.
Agenda packet, special meeting

Milpitas City Council
June 2, 2026

Document
Agenda packet, special meeting
Meeting
June 2, 2026
Body
Milpitas City Council
Pages
291
Original file
16.6 MB
Text extracted from the city's file for reading and search. Open the original on milpitasca.api.civicclerk.com. That file is the official record.

Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

ANALYSIS:

Planning staff recommend the City Council review and approve a resolution to allow the development of a single-family residence and attached garage on a vacant lot located at 1321 Terra Vista Court. The Project site is located on the northeastern edge of the City of Milpitas, adjacent to properties with the same single-family hillside zoning designation. Unincorporated Santa Clara County properties are located further to the north.

The proposed residence is designed in a modern French Chateau style, which adds to the neighborhood's diversity. The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth-tone colors, creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

In accordance with MMC Section XIII-B.22.090(G), and as outlined in the attached resolution and staff report, the City Council shall consider the following guidelines in its review of the proposed project:

(a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of the residential structures on adjacent lots, will avoid unreasonable interference with views and privacy.
(b) Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal. (c) Minimize Perception of Excessive Bulk. The design of the proposed main and/or accessory structure(s) in relation to the immediate neighborhood should minimize the perception of excessive bulk.
(d) Impairment of Light and Air. The proposed main or accessory structure(s) shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy.
(e) Grading. All grading shall be kept to a minimum and shall comply with the grading ordinance criteria.

The Project, including both the home and attached garage, features a creative design, with a minimal building footprint and substantial setbacks from neighboring property lines to alleviate unreasonable interference with views and privacy. The majority of land around the residence and associated driveway will be preserved as natural landscape similar to nearby vacant properties and designated open space lots in the immediate area.

The incorporation of varying rooflines has minimized the perception of excessive bulk, a clear delineation of colors and materials, and the punctuation of walls along the front and side elevations. The proposed maximum height of the residence at 26 feet and 10.5 inches is within the 27-feet height limit, and all required building setbacks will substantially exceed the minimum standards to help mitigate potential impairment of light and air.

Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the rear yard entry is located on the second floor, which requires considerably less grading that having the exit on the first floor. However, due to the property slope and proximity to the crestline, the project will result in 4,160 cubic yards of cut and 490 cubic yards of fill. As noted earlier in the report, the Planning Commission recommended Council approval of the project based on the required findings for approval.

POLICY ALTERNATIVE(S):

Alternative 1: Deny the project as proposed.

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Pros: None.

Cons: The existing vacant lot would continue to be undeveloped and underutilized. Denial of the Project would also result in a potential loss of two dwelling units.

Reason for Not Recommending: This alternative is not recommended because the project site is an existing single-family residential lot in an established subdivision, and the proposed single-family residence meets the required findings for approval for this type of development at this location. Furthermore, both Staff and the Planning Commission are recommending approval of the proposed project.

PROJECT SCHEDULE/ KEY MILESTONES
City Council Approval: 6/2/2026
Estimated Submittal of Building Plan Check/Construction Drawings: Late 2026 Estimated Start of Construction: Summer 2027
Estimated Substantial Completion: Late 2027

FISCAL IMPACT:

If the proposed project is approved, the applicant will apply for building permits and pay associated fees. The new single-family home will increase the property value and tax revenues but will also increase the demand for City services, including public safety and utilities. The project is located within an existing residential subdivision with existing services nearby.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The project is exempt from further environmental review under CEQA pursuant to Section 15303(a) for New Construction or Conversion of Small Structures including one single-family residence or a second dwelling unit in a residential zone. The Project proposes the new construction of a single-family residence and attached garage within a residentially zoned area on a legally established parcel, and it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. As a separate and independent basis, the project is exempt from further CEQA review pursuant to Section 15183 of the CEQA Guidelines for projects consistent with a community plan, general plan or zoning. The project is consistent with the General Plan and the applicable zoning, and there are no significant environmental impacts peculiar to the project or its site.

ATTACHMENTS:
(a) City Council Resolution
(b) Planning Commission Staff Report dated April 8, 2026 (c) Planning Commission Resolution No. 26-007
(d) Project Plans
(e) Story Pole Installation

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RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT AMENDMENT NO. SA25-0003 TO DEVELOP A NEW HILLSIDE HOME LOCATED ON A VACANT 1.1-ACRE SITE AT 1321 TERRA VISTA CT (APN: 029-07-012) AND MAKING CEQA FINDINGS OF EXEMPTION

WHEREAS, on October 25, 2023, the Planning Commission recommended approval of Site Development Permit No. SD22-0013 to develop a new five-bedroom, 4,929 square-foot single-family hillside home located at the Project site, also known as Lot 3 of the Countryside Estates. At this hearing, the Planning Commission also recommended approval of Planned Unit Development No. PA23-0001; and WHEREAS, on December 5, 2023, the City Council approved Site Development Permit No. SD22-0013 and PUD Amendment No. PA23-0001 to allow development for the hillside home at the Project site; and

WHEREAS, on June 17, 2025, an application was submitted by Eugene Sakai, of Studio S Squared Architecture, Inc. (“Applicant”), for a Site Development Permit Amendment to allow the development of a 5,840- square foot, one and a half-story single-family residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012). The Project site is zoned Single Family Residential – Hillside; and

WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and
WHEREAS, on April 8, 2026, the City of Milpitas Planning Commission held a duly-noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project, and the Planning Commission voted 5-0 with one absent and one abstaining, to recommend approval of the Project to the City Council subject to Conditions of Approval per Planning Commission Resolution No. 26-007; and
NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:

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

SECTION 2: California Environmental Quality Act (CEQA) Findings The project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) for “New Construction or Conversion of Small Structures including one single-family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. The Project’s proposed new construction of a single-family residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in

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2 Resolution No. XXXX
that it is consistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.

SECTION 3: Site Development Permit (MMC Section XIII-D.4.020.F(1.a-d) for All Site Development Permits and MMC Section XIII-D.4.020.F(2.a-c) for Specific Projects)) - The Planning Commission makes the following findings based on the evidence in the public record in approving Site Development Permit Amendment No. SA25-0003:
1a. The proposed project is consistent with this Title.

As described within the staff report, the architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.
1b. The proposed use and project are consistent with the goals and policies of the General Plan:

The Project is consistent with the Milpitas General Plan, and particularly with Policy CD 7- 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development, which subdivided lots planned for clustered housing. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

1c. The project will not be detrimental to public health, safety, and general welfare:

The proposed home was designed to meet the Hillside development standards and will not substantially interfere with views and privacy of adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story height limit at 26-feet and 10.5 inches, and substantially setback from adjacent property lines to the north and south, which minimizes interference with views and privacy.

Additionally, the lot to the west is dedicated as Common Area only and will not be developed with future residential uses. Therefore, the Project will not be detrimental to public health, safety, and general welfare.

1d. The proposed project is in compliance with the provisions of California Environmental Quality Act (CEQA):

The proposed Project includes the development of a 5,840-square-foot single-family home with a detached ADU within an urban and residentially zoned area. The proposed Project also meets both the Hillside zoning regulations as well as the General Plan goals, objectives, and policies. Therefore, the Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning.)

2a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable:

This finding is not applicable to this Project, as it is not located within a Specific Plan.

2b. The proposed siting, form, architectural style, materials, and other elements of multi-family residential and mixed-use developments are consistent with City Objective Design Standards:

This finding is not applicable to this Project, as it is not a multi-family residential project.

2c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title:

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3 Resolution No. XXXX
The proposed siting, form, and architectural style of the home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is tucked into the hillside as to not draw attention to it when viewing from the valley floor. All exterior materials and finishes work together as a palette of earth tone colors, creating harmony with the surroundings. The colors and materials of the proposed French chateau design are complementary to the neighboring residences. Additionally, the proposed home is on a 1.1-acre parcel sitting at a minimum of 40 feet set back from all property lines, with a minimum of 80 feet between the closest neighboring home, and therefore will not interfere with privacy.

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

Per MMC Section XIII-B.22.170, the subject parcel in the hillside is less than 3.0-acres, which allows up to 6,000-square-foot maximum size for the main residence and the impervious surface coverage to be limited to 8,000 square-feet or 10 percent of the total lot area, whichever is greater. The Project maintained the same building layout as SD22-0013, but will be increasing the habitable space of the main residence by expanding the living room area by converting the previously attached ADU into a detached ADU. Table 3 demonstrates the Project’s consistency with the applicable development standards of the R1-H zoning district and PUD 68.

Table 1: Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north. Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 5,840 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,661 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches

Yes
Parking

Four spaces required

Six spaces (three inside
garage & three outside) Yes
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes

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4 Resolution No. XXXX

Due to the subject property’s location, the Project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XIII-B.22.090.G, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 2 below.

Table 2: Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
MMC XIII-B.22.090(G)
Consistency Finding
(a) Avoid unreasonable interference with Views
and Privacy. The height, elevations and
placement on the site of the proposed main or
accessory structure, when considered with
reference to the nature and location of
residential structures on adjacent lots, will avoid
unreasonable interference with views and
privacy.

Consistent. Due to the proposed location and minimal
scale of the home relative to the maximum allowable
size outlined in Table 3, the development will not
substantially interfere with views and privacy to
adjacent lots. In addition, the proposal exceeds all
setback requirements, is within its 27-foot, two-story
height limit at 26-feet and 10.5 inches, and
substantially setback from adjacent property lines to
the north and south, which minimizes interference with
views and privacy. Additionally, the lot to the west is dedicated as Common Area only and will not be
developed with future residential uses.
(b) Preserve Natural Landscape. The natural
landscape will be preserved insofar as
practicable by designing structures to follow the
natural contours of the site and minimizing tree
and soil removal.

Consistent. The Project site is currently vacant and
undeveloped and has no existing trees. As such, no
trees will be removed. As proposed, the design of the
house is carefully sited to be built on the flattest
portions of the lot, following the natural landscape and existing contours of the site to limit cut to 4,160 cubic yards and fill to 490 cubic yards. Minimal landscaping is also proposed, including 22 mid-size trees and
various flowering plants, ground cover, succulents and
shrubs.
(c) Minimize Perception of Excessive Bulk. The
design of the proposed main and /or accessory
structure(s) in relation to the immediate
neighborhood should minimize the perception of
excessive bulk.

Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side
facing elevations to remove the perception of bulk
within the one-and-a-half-story residence. The
footprint of the proposed home is also angled in its
orientation to the front property line, thus minimizing the perception of excessive bulk. Furthermore, as
described above and shown in Table 3, the proposed
main residence is proposed to be sized in scale closer
to immediate neighbors’ proposed residences built on
lots less than 3.0-acres in size. The overall building footprint of the main residence on the 1.1-acre lot is
consolidated, and the remaining portions of the lot will

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5 Resolution No. XXXX
Site and Architectural Guidelines
MMC XIII-B.22.090(G)
Consistency Finding
also remain undeveloped, and no accessory structures
are proposed.
(d) Impairment of Light and Air. The proposed
main or accessory structure(s) shall not
unreasonably impair the light and air of adjacent
properties nor unreasonably impair the ability of
adjacent properties to utilize solar energy.

Consistent. The proposed home will not exceed 27
feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards. The
proposed home also has a combination of mansard-
style and minimally pitched roof systems that could be
used to utilize future solar energy. With regards to
adjacent properties, the lot to the west is reserved as Common Area and the residences to the east are
located greater than 429 feet away. As such, the
proposed main residence will not cause an impairment
to the adjacent properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. The proposed location of the main
dwelling is where the existing lot is most flat, and
grading is limited to 4,160 cubic yards of necessary cut to accommodate the two-story dwelling and modest
pool and 490 cubic yards of the grading will be
repurposed as fill.

Site & Architectural Design
The Project is designed in a modern French Chateau style, which adds to the diversity of the neighborhood.

The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site. Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the rear yard entry is located on the second floor, which requires considerably less grading than having the exit on the first floor. However, due to the property slope and proximity to the crestline, the Project will result in 4,160 cubic yards of cut and 490 cubic yards of fill for the construction of a new home and the required grade at the driveway for firetruck access.

Furthermore, no grading is proposed in the crestline zone of protection, and grading is limited to near the footprint of the home and rear patio area. The proposed landscape plan includes a variety of flowers, shrubs, succulents, and trees. As demonstrated in Attachment B (Project Plans), these plans are consistent with the grading and landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection
In an effort to protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Per MMC Section XIII-B.22.060, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes

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6 Resolution No. XXXX
immediately below, when viewed from the valley floor. In addition, MMC Section XIII-B.22.060.B states that, in the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline site line. An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection and site line, which is located within the rear half of the existing lot, the Applicant installed “story poles” (Attachment C) along the minimum setback line and took pictures from areas recognized by the City as vantage points and required by the Hillside Section B.22.060. Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C (Story Pole Installation) and Project plan sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the Project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

General Plan Conformance
The General Plan designation for the Project site is Hillside Low Density (HLD). The General Plan details the goals, objectives and policies for the City’s Hillside Area. It is characterized by gentle to steep slopes, grassy terrain with some chaparral and trees, wildlife, geologically unstable areas, the Ed R. Levin County Regional Park, and a feeling of remoteness from the more urban portions of the City. The Hillside Low Density designation allows a maximum of one (1) housing unit per gross acre. The Project is in conformance with the policies and standards in the City’s General Plan policies, as outlined in the following table.

Table 3:

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

Consistent. The proposed Project will not impact
the visual character of the hillside from the valley
floor or other viewpoints, as the Project site is
located over 100 feet east of the crestline. Project
plan sheets A0.4 and A0.5 illustrate how the
proposed residence will not obstruct panoramic
public views from and of the hillsides.

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

Consistent. The proposed Project will be situated
at the flattest portion of the lot to limit disruption to the existing natural topography by limiting cut to
4,160 cubic yards and fill to 490 cubic yards for
both construction phases. The total earthwork
exported is necessary to accommodate the home's
footprint and meet the grade requirements to not be
visible from the valley floor.

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

Consistent. Minimal contour grading will be
required for the construction of the new residence
due to its siting on the flattest areas of the lot. All new contours will be designed to blend with the
natural existing site contours as demonstrated in
the civil drawings in the plan set.

CD 7-4 Avoid mass graded pads within hillside
areas. Smaller steps or grade changes should be
Consistent. The building pad is proposed at the
flattest portion of the lot and will only necessitate
minimal grading to accommodate the residence.

Grading has been minimized as much as feasibly

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7 Resolution No. XXXX
used over single, large, slope banks to the
greatest extent feasible.
possible in the Project, in that the site follows the
site's natural contours in an effort to preserve the
natural terrain quality.

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

Consistent. No changes are proposed to the
existing land use and zoning designation, as the
subject site is to be used as a single-family
residence.

As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

SECTION 4: City Council Approval

Based on the foregoing, the City Council hereby approves Site Development Permit Amendment No. SA25- 0003 to allow the development of a new single-family residence in the R1-H Single-family Residential Zoning District with an H Hillside Combining District located at 1321 Terra Vista Ct, based on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 and incorporated herein.

PASSED AND ADOPTED this 2nd day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Christian M. Curtis, City Attorney

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8 Resolution No. XXXX

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9 Resolution No. XXXX

CONDITIONS OF APPROVAL
1321 TERRA VISTA CT
SITE DEVELOPMENT PERMIT AMENDMENT NO. P-SA25-0003 (APN 029-07-012)

General Conditions

1. General Compliance. The applicant and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SA25-0003 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-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. (P)

2. 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 applicable materials as required by the City for review and obtain the approval of the Planning Director or designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P)

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

4. 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.

5. Permit Expiration. Pursuant to Section D.2.040.K of the Milpitas Comprehensive Zoning Update (CZU), this Permit shall become null and void if the development is not implemented within two (2) years, or for projects submitted with tentative maps, within the time limits of the tentative map.

Pursuant to Section D.2.040.K.3 of the Comprehensive Zoning Update of the City of Milpitas, implementation is defined when: (P)
a. A permit or approval shall not be deemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has commenced the allowed use on the subject site in compliance with the approval; or
b. Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void; or
c. If a project is phased, each phase shall be subject to a time limit during which construction must commence. Each subsequent phase shall have the same length of time allowed for the previous phase. The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit of approval. d. “Commence construction” shall mean any of the following, whichever occurs soonest:
i. Completes a foundation associated with the project;

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10 Resolution No. XXXX
ii. Dedicates any land or easement as required from the approval; or iii. Complies with all legal requirements necessary to commence the use or obtains a Certificate of Occupancy permit.

This permit shall become null and void if the work is added to, modified, or otherwise deviated from in any significant way from the approved site plan, building plan, floor plans, or other approved submittals as determined by the Planning Director or designee.

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

7. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the project to the sole satisfaction of the City.

Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P)

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

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

10. 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. (P)

11. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, 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 City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s

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11 Resolution No. XXXX
choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

12. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section D.18.070 of the Milpitas Zoning Code. (P)

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

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

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

16. Prior to the issuance of a building permit, the owner or designee shall include within the four first 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)

17. Streets shall be designed to generally follow the contours and land form in order to minimize cut and fill. Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height.

Crib walls fencing roadways shall be no greater than 15 feet in height. (P)

18. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plan materials that require excessive water after becoming established should be avoided. (P)

19. Trees which have a six inch or greater diameter trunk size at a point three feet above grade may not be removed without obtaining prior approval from the City. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an “S” Zone application approval, shall have the power to authorize removal, relocation or replacement if the Permittee can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this section shall be at a five to one (5:1) ratio. (P)

20. The proposed home is located east of the Crestline and is subject to a maximum height of 1.5 stories or 26 feet. (P)

21. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager. (P)

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12 Resolution No. XXXX

22. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (P)

23. Where any cut-or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended. (P)

24. Fees: Upon reviewing Exhibit B from the Subdivision Improvement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here:
a. Prior to the final (occupancy) of each building, a cash fee ($1333.00/per dwelling unit) to cover the development pf park and recreations areas shall be collected by the City for the granting of the PUD.

25. Prior to Building Permit Issuance, the applicant must demonstrate proof in accordance with “Special Conditions – P.U.D. No. 68 and Vesting Tentative Map “Countryside Estates,” that the development at “ADDRESS OF DEVELOPMENT” will be serviced by a fire hydrant that meets the minimum water demand of 1,500 hydrant fire flow to the satisfaction of the Deputy Fire Chief, or his designee. (P)

Fire Department

26. The plans approved by the Planning Department process are not building plans and have not been reviewed nor approved for conformance to the California Building Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). Do not consider this set of plans as final building plans approved by the Fire Department. Building plans must be submitted for review and approval before construction is to commence. The following notes are a general list of the applicable code requirements (2022) and are provided to assist with the building permit process. Please note that these are not all inclusive. All applicable Building, Fire and Municipal Code requirements must be met in advance of any building permit approvals or related construction. (F)

27. Electronic Documents. The fire code official may require electronic base documents for all construction documents and operational permits. The fire code official shall designate the software base format for the electronic documents. CFC Section 106.1.1, added by MMC Section V-300-

2.28 28. Automatic Fire Sprinkler Requirements. An automatic sprinkler system shall be provided throughout the new dwellings (main and guest), inclusive of basements, covered porches, patios, ADUs and garages, etc. Milpitas Municipal Code Sect V-300-2.69, CFC Section 903.2.8

29. Fire Department Access. Sheets A-1.0C shows an acceptable Fire Dept. access. Fire apparatus access roads shall be provided for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Fire apparatus access shall meet the following:
a. Fire apparatus access shall extend to within 150 feet of all portions of exterior walls of the building/ structure per the California Fire Code Section 503.1. Access along Country Club Drive have to be provided with gate and steps if the grade is too steep. b. The private road shall be designed for fire apparatus access. Fire Access Dimensions, fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm).

CFC Section 503.2.1

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13 Resolution No. XXXX
Exception:

Milpitas Municipal Code XI-10-45.11

45.11-1 Privately owned and maintained access from the public road to each single-family dwelling shall be a minimum of fourteen (14) feet in width. Turning radius shall be designed to meet the Fire Department’s requirements.

45.11-2 Turnout space shall be provided on driveways over one hundred fifty (150) feet in length with a maximum spacing of one hundred fifty (150) feet if driveway is less than eighteen (18) feet wide.

45.11-3 Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet Fire Department’s requirements.

45.11-4 Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.

c. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Bearing capacity for the driveway and the entry drive court shall be designed to provide a minimum of 60,000 lbs. bearing capacity for the fire apparatus. CFC Section 503.2.3

d. When there is a dead-end condition, means for fire apparatus turn-around shall be provided as per the CA Fire Code Section 503.2.5. The Fire Department reserves the right to request site design changes as needed to meet the requirements of the CFC, and/or make the request for additional fire protection measures in conformance with the CFC Section 102.9.

e. The grade (maximum 10%) of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. CFC Section 503.2.7.

f. Electric gates. Where provided, gates shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. CA Fire Code Section 503.5 Electric gates shall also be provided with a Milpitas Fire Department approved “Knox” electronic switch in addition to the keypad. CA Fire Code Section 102.9

30. Access Control Devices: When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the Fire Code Official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress. CFC Section 504.6, added by MMC Section V-300-2.54

31. Premises identification. New and existing buildings shall have approved address numbers.

Address numbers shall be illuminated and located where they are clearly visible from the street.

CFC Section 505.

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14 Resolution No. XXXX

32. Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B or the City of Milpitas Engineering requirement whichever is greater.

a. The minimum fire flow shall be 1,000 GPM per 2022 CFC Table B105.1 based on a 5,840.22 square feet. The 1,000 GPM requirement is only applicable if more than the required fire flow from the minimum city Engineering Division design standards. Revise note and provide report showing the required 1,500 GPM fire flow.

Provide the required minimum 1500 GPM fire flow pursuant to Engineering requirement as the most restrictive than the fire flow in Table B105.1(1). Reference Milpitas Municipal Code VIII-1-11.01 - Design Standards 11.02-1. In Residential areas design shall provide for a fire flow of 1500 gallons per minute plus a simultaneous demand of 2 gallons per minute per residence. Provided Fire Flow dated 5/9/2023: 54 PSI Static, 44 PSI Residual, 1637 GPM (Nearby intersection of Tera Vista Ct. and Country Club

33. Water supply requirements. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

CFC Section 507.5.1

Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet.

34. Sprinkler system supervision and alarms, and monitoring. It is recommended that due to the location of the home (hillside) the automatic fire sprinkler system for this home be a system that has supervision and alarm, and monitoring system in conformance to the CA Fire Code Section 903.4.

35. R Occupancy – Smoke Alarm. Single- and multiple-station smoke alarms. Listed single- and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.7 and NFPA 72. Exception: For Group R occupancies. Afire alarm system with smoke detectors located in accordance with this section may be installed in lieu of smoke alarms. Upon actuation of the detector, only those notification appliances in the dwelling unit or guest room where the detector is actuated shall activate. [Ref.: CFC 907.2.10]

36. Group R Occupancies. Open flame, fire and burning in Group R occupancies shall comply with the requirements of Sections 308.1 through 308.1.7. CFC 308

37. Heating Appliances. Heating appliances shall be listed and shall comply with Sections 605.6.1 and 605.6.2. [California Code of Regulations, Title 19, Division 1, §3.17(a) and (b)] Guards for Heating Appliances. Every heating appliance in any occupancy governed by California Code of Regulations, Title 19, Division 1 regulations which does not have protective features incorporated in its design, shall be provided with guards that will provide protection against ignition of clothing and other combustible material.

a. Appliances employing open flame radiated heat shall have fixed and substantially constructed metallic guards located not less than 10 inches from the radiating flame and the guard members shall be spaced not more than 2 inches apart.

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15 Resolution No. XXXX
b. Cabinet type appliances that are not provided with an inner combustion chamber and an air circulating space between the combustion chamber and the outer shell, shall have fixed and substantially constructed metallic guards located not less than 3 inches from the shell and spaced not more than 2 inches apart.

38. Landscape Sheets: Proposed landscaping may be impacted by the comments above and the requirements for fire access, fire systems and devices (such as apparatus access, hydrants, fire service lines, fire department connections valves, etc.). The Fire Dept. reserves the right to relocate, delete or change the proposed landscaping when in conflict with fire systems, access and devices.

CFC 507.5.4. Clear access to the ADU shall not be obstructed by the landscape.

39. Plan Submittal: Complete plans and specifications for all aspects of fire protection systems shall be submitted to the Fire Department for review and approval prior to system installation. CFC Section 901.2

Building Department

40. Compliance with Building Code of Regulations. 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)

Engineering Department

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

41. Modifications: The Site Development Plan dated December 19, 2025 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

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

43. 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.

44. 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 approved City fee schedule at the time of application submittal.

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16 Resolution No. XXXX

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

45. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable public improvement design standards, including but not limited to:
a. Milpitas Design Guidelines:
(http://www.ci.milpitas.ca.gov/milpitas/departments/engineering/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.

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

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

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

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

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

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

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

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

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17 Resolution No. XXXX

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

54. Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “g” 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. Hillside water reimbursement fee: $8,550
b. Treatment Plant Fee: $880 per dwelling
c. Cost of meter purchases: these were listed in Exhibit B, but the City no longer collects those.

Instead we have the customer order the meters through our supplier and pay the supplier directly.

Other Fees
d. Sewer connection fee: $1,908 single family parcel (separate from Treatment Plant fee)

55. Mailboxes: The Permittee shall coordinate with US Postal Services regarding placement of required mailboxes. Mailbox location shall not be on public street frontages and shall be approved by City and US Postal Services prior to building permit issuance. Mailbox locations shall be shown on the improvement plans and Permittee shall submit a letter to the City’s Land Development Engineering Section from the Postmaster approving the location of the mailbox. Structures to protect mailboxes may require Building, Engineering and Planning Department review.

56. Hazard Assessment Report: For any new back flow device proposed to be installed on an irrigation, domestic or fire service, the Permittee and its qualified cross-connection specialist shall complete and submit a City of Milpitas Hazard Assessment Report (CMP Hazard Assessment Report (Fillable) 2026). An existing Hazard Assessment Report may be submitted if completed in the last six (6) months, or submission of a new assessment if any of the following conditions have occurred: 1) Initial site hazard assessment is older than six (6) months, 2) Account change; 3) New connection; 4) Change in onsite activities or materials that may affect water safety; 5) If there has been cross-connection incident in the last six (6) months or if this work is requirement of the State Water Resource Control Board. The Hazard Assessment Report shall be submitted for review and approval by the City’s Utility Engineering department prior to building permit issuance.

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)

57. 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.

58. Prohibition of Potable Water Usage: Permittee shall use recycled water for construction purposes, including dust control and compaction. Permittee shall comply with MMC VIII-6-5.00 and 6-6.00 where potable water usage is prohibited, unless otherwise approved by the City Council.

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18 Resolution No. XXXX

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

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

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

61. Completion of Public Improvements: Permittee shall complete all public improvements as shown on City approved plans.

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

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

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

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

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

AGREEMENT
Permittee/Property Owner

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

Dated: _________________ ______________________________________ Signature of Permittee

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AGENDA IX-1

MILPITAS PLANNING COMMISSION

STAFF REPORT

April 8, 2026

APPLICATION: SITE DEVELOPMENT AMENDMENT – 1321 TERRA
VISTA COURT – P-SA25-0003: A request for a Site
Development Permit Amendment to deviate from the approved designs under P -SD22-0013 for a new single-family home and to construct a 5,840-square-foot, two -story, single -family residence with an attached two-car garage on a vacant 1.1-acre site located in the R1-H Single-family Residential-Hillside Zoning District at 1321 Terra Vista Court (Countryside Estates, Lot 4). The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning).

RECOMMENDATION: Staff recommends that the Planning Commis sion adopt Resolution No. 26-007, recommending approval of Site
Development Permit Amendment SA25-0003 to the City
Council, subject to the attached Conditions of Approval.

LOCATION:

Address/APN: 1321 Terra Vista Court (APN 029-07-012)
Area of City: Northeastern portion of the City of Milpitas in the hillside area

PEOPLE:

Project Applicant: Eugene Sakai , Studio S Squared Architecture, Inc.

Project Planner: Randy Baez , Associate Planner

LAND USE:

General Plan Designation: Hillside Low -Density (HLD) Zoning District: Single Family Residential -Hillside (R1-H) Planned Unit Development: No. 68 (Countryside Estates) Site Area: 1.1 acres

ENVIRONMENTAL: Categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or
Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

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Agenda Item IX-1: Site Development Permit Amendment – April 8, 2026 Page 2 of 12

Map 1 – Project Location

Map 2 - Zoning Map

Project Site
Project Site
N

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Agenda Item IX-1: Site Development Permit Amendment – April 8, 2026 Page 3 of 12

BACKGROUND
History
On November 17, 1992, the City Council approved Planned Unit Development (PUD) No. 68 (Countryside Estates) to allow the construction of six hillside residential home sites on a 24.5-acre parcel. Each home site would be reviewed separately under the provisions of an “S” Zone Application or Site Development Permit and subject to a precise building envelope established by the PUD. To date, lots 2, 3 and 6 have been approved for development.

On October 25, 2023, the Planning Commission recommended approval of Site Development Permit No. SD22-0013 to develop a new hillside home located at the Project site, also known as Lot 3 of the Countryside Estates. This proposal included a five-bedroom, 4,929 square-foot, one and a half-story single-family residence and a 797-square-foot, attached accessory dwelling unit.

As part of this decision, the Planning Commission also recommended approval of an amendment/modification to PUD No. 68, Planned Unit Development No. PA23-0001, which allowed the Project site to deviate from the development standards of PUD No. 68.

On December 5, 2023, the City Council approved Site Development Permit No. SD22 -0013 and PUD Amendment No. PA23-0001 to allow development for the hillside home at the Project site.

Since that time, the property has been sold to a new property owner, who wanted to change some minor aspects of the Project’s exterior, while increasing interior living area square footage.

Approximately 900-square-feet of living area was added to the main dwelling with out modifying the building footprint. This was made possible by converting the previously attached accessory dwelling unit into living area for the main dwelling.

The Application
The following is a summary of the Applicant’s request:
• Site Development Permit Amendment: To allow the development of a 5,840-square foot, two-story single-family residence and an 831 -square-foot detached Accessory Dwelling Unit (ADU1) on a 1.1-acre vacant lot within the hillside (the “Project”). The residence will include an attached two-car garage, in addition to at least three of f-street parking spaces accessed from the swing -in driveway. The proposal also includes an in -ground pool , outdoor kitchen, retaining walls, landscaping, and associated site improvements.

Process
In addition to satisfying the substantive and procedural requirements typically applicable to a Site Development Permit Amendment, because of the Project’s location within the Hillside Combining District (“H”), the application must be considered by both the Planning Commission and the City Council (Milpitas Municipal Code “MMC” Section XIII-B.22.090) for conformance with the Hillside Site and Architectural Approval Guidelines.

1 The proposed detached ADU meets the minimum requirements per State law and Milpitas Municipal Code (MMC) Section XIII-C.10.030, Accessory Dwelling Units. Therefore, the ADU must be approved ministerially and is not subject to any discretionary review.

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Agenda Item IX-1: Site Development Permit Amendment – April 8, 2026 Page 4 of 12

PROJECT DESCRIPTION
Overview
The project site is an undeveloped 1.1-acre parcel located at the intersection of Country Club Drive and Terra Vista Court within Planned Unit Development No. 68: Countryside Estates . The property and neighboring properties are zoned Single Family Residential – Hillside. The project site is located on the east side of the hillside crest line. An aerial map of the subject site location is shown on Map 1.

The applicant is requesting a Site Development Permit Amendment to develop a 5,840-square foot, two-story single-family residence (up to a maximum of 27-feet in height) and an 831-square-foot detached ADU on a 1.1-acre vacant lot. The residence will include an attached two-car garage, in addition to at least three off-street parking spaces accessed from the swing-in driveway.

A circular driveway approximately 200 feet long will be built matching the existing slope. One end of the driveway meets Terra Vista, while the other end splits towards the proposed two -car garage. Similar to the previous Site Development Permit, the majority of the lot area will remain undeveloped and designated as open space, per PUD No. 68. The primary residence will feature a two-car garage on the first floor, along with an office, media room, recreation room, and video game room. The second floor w ill include the primary living area, including five bedrooms, a family room, dining room, and kitchen. The rear of the residence will also include a large wrap- around patio. Other proposed accessory structures include an in -ground pool with integrated spa and an outdoor kitchen.

There are no existing trees onsite , and the proposed residence and associated structures will be constructed on the flattest portion of the lot. Landscaping throughout the lot include drought tolerant, fire resistant, and low water use plants such as Crape Myrtle trees, Royal Purple Smoke Trees, and Fortnight Lily bushes.

Location and Context
The Project site is located in the northeastern portion of the City of Milpitas in the hillside area as shown on Map 2 . The following table provides a summary of the Zoning and Land Uses surrounding the site:

Table 1: Surrounding Zoning and Land Uses

General Plan Zoning Existing Use
Subject Site Hillside Low Density
(HLD)
Single-Family Residential-
Hillside (R1-H)/PUD 68
Vacant
North Hillside Low Density
(HLD)
Single-Family Residential-
Hillside (R1-H)/PUD 68
Vacant
South Hillside Low Density
(HLD)
Single-Family Residential-
Hillside (R1-H)
Single-Family Home
East Hillside Low Density
(HLD)
Single-Family Residential-
Hillside (R1-H)
Vacant
West Hillside Low Density
(HLD)
Single-Family Residential-
Hillside (R1-H)/PUD 68
Vacant

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Agenda Item IX-1: Site Development Permit Amendment – April 8, 2026 Page 5 of 12

PROJECT ANALYSIS
General Plan and Zoning Conformance
Milpitas General Plan 2040
The General Plan designation for the Project site is Hillside Low Density (HLD). The General Plan details the goals, objectives and policies for the City’s Hillside Area. It is characterized by gentle to steep slopes, grassy terrain with some chaparral and trees, wildlife, geologically unstable areas, the Ed R. Levin County Regional Park, and a feeling of remoteness from the more urban portions of the City. The Hillside Low Density designation allows a maximum of one (1) housing unit per gross acre. The Project is in conformance with the policies and standards in the City’s General Plan policies, as outlined in the following table:

Table 2: General Plan Consistency
Policy Conformance
CD 7 -1 Maintain the visual character of
hillsides, recognizing both the importance of
the exposure of hillside development from off-
site public views and the importance of
providing panoramic public views from and of
hillsides.

Consistent. The proposed Project will not
impact the visual character of the hillside from
the valley floor or other viewpoints , as the
Project site is located over 100 feet east of the
crestline. Project plan sheets A0.4 and A0.5
illustrate how the proposed residence will not
obstruct panoramic public views from and of
the hillsides.

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

Consistent. The proposed Project will be
situated at the flattest portion of the lot to limit
disruption to the existing natural topography by
limiting cut to 4,160 cubic yards and fill to 490
cubic yards for both construction phases. The
total earthwork exported is necessary to
accommodate the home's footprint and meet
the grade requirements to not be visible from
the valley floor.

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

Consistent. Minimal contour grading will be
required for the construction of the new
residence due to its siting on the flattest areas
of the lot. All new contours will be designed
to blend with the natural existing site contours
as demonstrated in the civil drawings in the
plan set.

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

Consistent. The building pad is proposed at
the flattest portion of the lot and will only
necessitate minimal grading to accommodate
the residence. Grading has been minimized as
much as feasibly possible in the Project, in that
the site follows the site's natural contours in an
effort to preserve the natural terrain quality.

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

Consistent. No changes are proposed to the
existing land use and zoning designation , as
the subject site is to be used as a single-family
residence.

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

Per MMC Section XIII-B.22.170, the subject parcel in the hillside is less than 3.0 -acres, which allows up to 6,000-square-foot maximum size for the main residence and the impervious surface coverage to be limited to 8,000 square-feet or 10 percent of the total lot area, whichever is greater.

The Project maintained the same building layout as SD22-0013 but will be increasing the habitable space of the main residence by expanding the living room area by converting the previously attached ADU into a detached ADU . Table 3 demonstrates the Project’s consistency with the applicable development standards of the R1-H zoning district and PUD 68.

Table 3: Summary of Development Standards

Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north. Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 5,840 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,661 sq. ft. Yes
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches

Yes
Parking

Three spaces required,
including one covered

Six spaces (two inside
garage & four outside) Yes
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
Within 300 ft east of the
crestline, not visible from
the three closest
Yes

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Standards Hillside & PUD 68
Requirements
Proposed Complies
shall be restricted so that
no structure extends above
the crestline site line
viewpoints nor does the
height of the structure
extend into the crestline
site line

Due to the subject property’s location, the Project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XIII-B.22.090.G, t he Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 4 below.

Table 4: Hillside Zoning Ordinance Compliance

Site and Architectural Guidelines
MMC XIII-B.22.090(G)
Consistency Finding
(a) Avoid unreasonable interference with
Views and Privacy. The height, elevations
and placement on the site of the proposed
main or accessory structure, when
considered with reference to the nature and
location of residential structures on adjacent
lots, will avoid unreasonable interference
with views and privacy.

Consistent. Due to the proposed location and
minimal scale of the home relative to the
maximum allowable size outlined in Table 3, the
development will not substantially interfere with
views and privacy to adjacent lots. In addition,
the proposal exceeds all setback requirements, is
within its 27-foot, two-story height limit at 26-feet
and 10.5 inches, and substantially setback from
adjacent property lines to the north and south,
which minimizes interference with views and
privacy. Additionally, the lot to the west is
dedicated as Common Area only and will not be
developed with future residential uses.
(b) Preserve Natural Landscape. The
natural landscape will be preserved insofar
as practicable by designing structures to
follow the natural contours of the site and
minimizing tree and soil removal.

Consistent. The Project site is currently vacant
and undeveloped and has no existing trees. As
such, no trees will be removed. As proposed, the
design of the house is carefully sited to be built on
the flattest portions of the lot, following the
natural landscape and existing contours of the site
to limit cut to 4,160 cubic yards and fill to 490
cubic yards. Minimal landscaping is also
proposed, including 22 mid-size trees and various
flowering plants, ground cover, succulents and
shrubs.
(c) Minimize Perception of Excessive Bulk.

The design of the proposed main and /or
accessory structure(s) in relation to the
Consistent. The proposed design includes
varying rooflines, a clear delineation of different
colors and materials, and punctuation of certain
front and side facing elevations to remove the

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Site and Architectural Guidelines
MMC XIII-B.22.090(G)
Consistency Finding
immediate neighborhood should minimize
the perception of excessive bulk.
perception of bulk within the one-and-a-half-story
residence. The footprint of the proposed home is
also angled in its orientation to the front property
line, thus minimizing the perception of excessive
bulk. Furthermore, as described above and shown
in Table 3, the proposed main residence is
proposed to be sized in scale closer to immediate
neighbors’ proposed residences built on lots less
than 3.0-acres in size. The overall building
footprint of the main residence on the 1.1-acre lot
is consolidated, and the remaining portions of the
lot will also remain undeveloped, and no
accessory structures are proposed.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light and
air of adjacent properties nor unreasonably
impair the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed
27 feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards.

The proposed home also has a combination of
mansard-style and minimally pitched roof systems
that could be used to utilize future solar energy.

With regards to adjacent properties, the lot to the
west is reserved as Common Area and the
residences to the east are located greater than 429
feet away. As such, the proposed main residence
will not cause an impairment to the adjacent
properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. The proposed location of the main
dwelling is where the existing lot is most flat, and
grading is limited to 4,160 cubic yards of
necessary cut to accommodate the two-story
dwelling and modest pool and 490 cubic yards of
the grading will be repurposed as fill.

Site & Architectural Design
The Project is designed in a modern French Chateau style, which adds to the diversity of the neighborhood. The exterior materials are composed of painted stucco, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents . The articulation of the architectural forms blending with a variety of finishes creates an attractive front elevation, along with an integrated curved driveway pattern that enhances the house and the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony

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with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of ground to be removed, the applicant has proposed a site plan which locates the proposed home on the flattest portion of the site . Given the steep slope of the lot, grading was required to accommodate a two-story home with rear yard access. In order to minimize grading, the rear yard entry is located on the second floor, which requires considerably less grading than having the exit on the first floor.

However, due to the property slope and proximity to the crestline, the Project will result in 4,160 cubic yards of cut and 490 cubic yards of fill for the construction of a new home and the required grade at the driveway for firetruck access The amended design results in approximately 1,000 cubic yards more of cut, the difference of which was required to accommodate the new detached ADU while maintaining protection of the crestline . Per MMC Section B.22.180(D)(3), grading over 1,500 cubic yards requires Planning Commission and City Council approval. Given the proximity of the crestline, the lot requires a significant amount of grading in order to develop a residence that would not be visible from the valley floor. Furthermore, no grading is proposed in the crestline zone of protection , and grading is limited to near the footprint of the home and rear patio area. Therefore, this Project will not impact the public views of the hillside and will not result in any other significant impacts.

The proposed landscape plan includes a variety of flowers, shrubs , succulents, and trees. As demonstrated in Attachment B (Project Plans) , these plans are consistent with the grading and landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection

In an effort to protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning C ode. Per MMC Section XIII- B.22.060, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor. In addition, MMC Section XIII-B.22.060.B states that, i n the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline site line. An exhibit was given to the applicant demonstrating the location of prominent crestlines identified by the City. To demonstrate compliance with the crestline zone of protection and site line, which is located within the rear half of the existing lot, the Applicant installed “story poles” (Attachment C) along the minimum setback line and took pictures from areas recognized by the City as vantage points and required by the Hillside Section B.22.060. Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C (Story Pole Installation) and Project plan sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the Project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.

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Planned Unit Development No. 68 Conformance

The Project is also located within PUD 68, which established total allowable square footage, total allowable grading, size of the garage, and exterior finish materials. Per PUD 68, which was adopted in November of 1992, the lot shall have a 3 -car garage, 4,000-5,000 square feet of total allowable square footage for the residential structure and only permit certain types of exterior finishes.

The Project site’s previous entitlement (SD22 -0013) also included a Planned Unit Development Amendment (PA23-0001) that determined through analysis and research that PUD 68, which was established to regulate the construction of six custom homes, is no longer reflective of the current development patterns of the Bay Area. For that reason, the PUD was amended for this lot to allow for an increase in residential square footage, a modification for a two-car garage instead of a three- car garage, and proposed changes in exterior finishes.

Staff finds that the Project is consistent with the recent PUD Amendment in that the building footprint has not changed from the previous approval, nor has the height. Therefore, the Project still meets the finding that these changes will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated. Furthermore, the Project will maintain the two-car garage that was previously approved, and the elevations are substantially similar.

FINDINGS FOR APPROVAL (OR DENIAL)
A finding is a statement of fact relating to the information that the Planning Commission has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action. Based on substantial evidence in the public record, Staff has found that the proposed Project is consistent with the General Plan, Zoning Ordinance, and all required Findings.

Site Development Permit Findings ( MMC Section XIII-D.4.020.F(1.a-d) for All Site Development Permits and MMC Section XIII-D.4.020.F(2.a-c) for Specific Projects)

1a. The proposed project is consistent with this Title.

As described within the staff report, the architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography . The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

1b. The proposed use and project are consistent with the goals and policies of the General Plan:

The Project is consistent with the Milpitas General Plan, and particularly with Policy CD 7- 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development , which subdivided lots planned for clustered housing.

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The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

1c. The project will not be detrimental to public health, safety, and general welfare:

The proposed home was designed to meet the Hillside development standards and will not substantially interfere with views and privacy of adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27 -foot, two-story height limit at 26 -feet and

10.5 inches, and substantially setback from adjacent property lines to the north and south, which minimizes interferen ce with views and privacy. Additionally, the lot to the west is dedicated as Common Area only and will not be developed with future residential uses .

Therefore, the Project will not be detrimental to public health, safety, and general welfare.

1d. The proposed project is in compliance with the provisions of California Environmental Quality Act (CEQA):

The proposed Project includes the development of a 5,840 -square-foot single -family home with a detached ADU within an urban and residentially zoned area. The proposed Project also meets both the Hillside zoning regulations as well as the General Plan goals, objectives, and policies. Therefore, the Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning.)

2a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable:

This finding is not applicable to this Project, as it is not located within a Specific Plan.

2b. The proposed siting, form, architectural style, materials, and other elements of multi-family residential and mixed-use developments are consistent with City Objective Design Standards:

This finding is not applicable to this Project, as it is not a multi-family residential project.

2c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title:

The proposed siting, form, and architectural style of the home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural topography.

The proposed home incorporates earth tone colors and is tucked into the hillside as to not draw attention to it when viewing from the valley floor. All exterior materials and finishes work together as a palette of earth tone colors, creating harmony with the surroundings. The colors and materials of the proposed French chat eau design are complementary to the neighboring residences. Additionally, the proposed home is on a 1.1-acre parcel sitting at a minimum of 40

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feet set back from all property lines , with a minimum of 80 feet between the closest neighboring home, and therefore will not interfere with privacy.

ENVIRONMENTAL REVIEW
The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Project s Consistent with a Community Plan, General Plan or Zoning).

PUBLIC COMMENT/OUTREACH
Staff provided public notice for the application in accordance with City and State public noticing requirements. At the time of writing this report, there have been no inquiries from the public. A notice was published in the Milpitas Post on March 27, 2026. In addition, 18 notices were sent to owners and occupants within 300 feet of the Project site. A public notice was also provided on the Project site, on the City’s Website, www.milpitas.gov, and posted at City Hall.

RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing; and

3. Adopt Resolution 26-007, recommending that the City Council approve Site Development Permit Amendment No. S A25-0003, to allow development of a single -family residence in the R1-H Single -family Residential Hillside Zoning District in PUD 68 , subject to the findings and attached Conditions of Approval.

ATTACHMENTS
A: Resolution 26-007
B: Project Plans
C: Story Pole Installation

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Resolution No. 26-007
RESOLUTION NO. 26-007

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS APPROVING AND RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT AMENDMENT NO.

SD25-0003 TO THE MILPITAS CITY COUNCIL TO DEVELOP A NEW HILLSIDE HOME LOCATED ON A VACANT 1.1-ACRE SITE AT 1321 TERRA VISTA CT (APN: 029-07-012). THE

PROJECT SITE IS ZONED SINGLE FAMILY RESIDENTIAL - HILLSIDE

WHEREAS, on October 25, 2023, the Planning Commission recommended approval of Site Development Permit No. SD22-0013 to develop a new five-bedroom, 4,929 squa re-foot single-family hillside home located at the Project site, also known as Lot 3 of the Countryside Estates. At this hearing, the Planning Commission also recommended approval of Planned Unit Development No. PA23-0001.

WHEREAS, on December 5, 2023, the City Council approved Site Development Permit No. SD22-0013 and PUD Amendment No. PA23-0001 to allow development for the hillside home at the Project site.

WHEREAS, on June 17, 2025, an application was subm itted by Eugene Sakai, of Studio S Squared Architecture, Inc. (“Applicant”), for a development amendment to allow the development of a 5,840-square foot, one and a half-story single-family residence (“Project”) on a vacant 1.1- acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029- 07-012). The Project site is zoned Single Family Residential - Hillside; and
WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New C onstruction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and
WHEREAS, on April 8, 2026, 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 Project; and WHEREAS, the Planning Commission has considered all of 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.

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

SECTION 2: CEQA Finding
The project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) for “New Const ruction or Conversion of Small Structures including one single-family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. The Project’s proposed new construction of a single-family residence and its accessory structures are within a residentially zoned area on 





 


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Resolution No. 26-007
a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exempti on are present. As a separate and indepe ndent basis, the Project is exempt from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is consistent with the development de nsity established in the Milp itas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.

SECTION 3: Site Development Permit ( MMC Section XIII-D.4.020.F(1.a-d) for All Site Development Permits and MMC Section XIII-D.4.020.F(2.a-c) for Specific Projects )) - The Planning Commission makes the following findings based on th e evidence in the public record in approving Site Development Permit Amendment No. SA25-0003:
1a. The proposed project is consistent with this Title.

As described within the staff report, the architectural design and site planning of the proposed home is aesthetically compatible with the neighboring homes with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is sited in a manner as to not draw attention when viewed from the valley floor.

1b. The proposed use and project are consistent with the goals and policies of the General Plan:

The Project is consistent with the Milpitas General Pla n, and particularly with Policy CD 7- 5, which states to limit new development in the Hillside Area to only to Very Low Density Residential, open space and park uses. The project meets this finding, as the site is a part of an approved Planned Unit Development, which subdivided lots planned for clustered housing. The propo sed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

1c. The project will not be detrimental to public health, safety, and general welfare:

The proposed home was designed to meet the Hillside de velopment standards and will not substantially interfere with views and privacy of adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story height limit at 26-feet and 10.5 inches, and substantially setback from adjacent property lines to the north and south, which minimizes in terference with views and privacy. Additionally, the lot to the west is dedicated as Common Area only and will not be developed with future residential uses.

Therefore, the Project will not be detrimental to public health, safety, and general welfare.

1d. The proposed project is in compliance with the pr ovisions of California Environmental Quality Act (CEQA):

The proposed Project includes the development of a 5,840 -square-foot single-family home with a detached ADU within an urban and residentially zoned area. The proposed Project also meets both the Hillside zoning regulations as well as the General Plan goals, objectives, and policies. Therefore, the Project is categorically exempt from environmental review under the Califor nia Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning.)

2a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable:

This finding is not applicable to this Project, as it is not located within a Specific Plan.







 


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Resolution No. 26-007
2b. The proposed siting, form, architectural style, materials, and other elements of multi-family residential and mixed-use developments are consistent with City Objective Design Standards:

This finding is not applicable to this Project, as it is not a multi-family residential project.

2c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site an d surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title:

The proposed siting, form, and architectural style of the home are aesthetically compatible with the neighboring homes, with an emphasis of minimizing changes to the natural topography. The proposed home incorporates earth tone colors and is tucked into the hillside as to not draw attention to it when viewing from the valley floor. All exterior materials and finishes wo rk together as a palette of earth tone colors, creating harmony with the surroundings. The colors and mate rials of the proposed French chateau design are complementary to the neighboring residences. Additionally, the proposed home is on a 1.1-acre parcel sitting at a minimum of 40 feet set back from all property li nes, with a minimum of 80 feet between the closest neighboring home, and therefore will not interfere with privacy.

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

Per MMC Section XIII-B.22.170, the subject parcel in the hillside is less than 3.0-acres, which allows up to 6,000-square-foot maximum size for the main residence and the impervious surface coverage to be limited to 8,000 square-feet or 10 percent of the total lot area, whic hever is greater. The Project maintained the same building layout as SD22-0013 but will be increasing the habitable space of the main residence by expanding the living room area by converting the previously attached ADU into a detached ADU. Table 1 demonstrates the Project’s consistency with the applicable development standards of the R1-H zoning district and PUD 68.

Table 1:

Summary of Development Standards
Standards Hillside & PUD 68
Requirements
Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.

Otherwise, 40 ft.
minimum
55 ft. and 7 inches from
the property line Yes
Side Yard Setback 40 ft. minimum 44 ft. and 11 in. on south; 50 ft. and 8.5 in. on north. Yes
Rear 40 ft. minimum 127 ft. and 7.5 inches Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres) 5,840 sq. ft. Yes
Impervious Surfaces 8,000 sq. ft. maximum
(lots < 3 acres) 7,661 sq. ft. Yes






 


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Resolution No. 26-007
Standards Hillside & PUD 68
Requirements
Proposed Complies
Building Height
(Maximum)
17 ft. west of crestline;
27 ft. east of crestline
/ 1 ½ stories
1 ½ story or 26 feet and

10.5 inches

Yes
Parking

Three spaces required,
including one covered

Six spaces (two inside
garage & four outside) Yes
Crestline Zone of
Protection
Within three hundred
(300) feet easterly of the
crestline, structure heights
shall be restricted so that
no structure extends above
the crestline site line
Within 300 ft east of the
crestline, not visible from
the three closest
viewpoints nor does the
height of the structure
extend into the crestline
site line
Yes

Due to the subject property’s location, the Project is also required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XIII-B.22.090.G, the Planning Commission and City Council shall consider the following guidelines in its review. Staff has determined the Project to be consistent with the Hillside Architectural Guidelines as demonstrated in Table 2 below.

Table 2:

Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
MMC XIII-B.22.090(G)
Consistency Finding
(a) Avoid unreasonable interference with
Views and Privacy. The height, elevations
and placement on the site of the proposed
main or accessory structure, when
considered with reference to the nature and
location of residential structures on adjacent
lots, will avoid unreasonable interference
with views and privacy.

Consistent. Due to the proposed location and
minimal scale of the home relative to the
maximum allowable size outlined in Table 3, the
development will not substantially interfere with
views and privacy to adjacent lots. In addition,
the proposal exceeds all setback
requirements, is
within its 27-foot, two-story height limit at 26-feet
and 10.5 inches, and substantially setback from
adjacent property lines to the north and south,
which minimizes interference with views and
privacy. Additionally, the lot t
o the west is
dedicated as Common Area only and will not be
developed with future residential uses.
(b) Preserve Natural Landscape. The
natural landscape will be preserved insofar
as practicable by designing structures to
follow the natural contours of the site and
minimizing tree and soil removal.

Consistent. The Project site is currently vacant
and undeveloped and has no existing trees. As
such, no trees will be removed. As proposed, the
design of the house is carefully sited to be built on
the flattest portions of the lot, following the
natural landscape and existing contours of the site
to limit cut to 4,160 cubic yards and fill to 490






 


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Resolution No. 26-007
Site and Architectural Guidelines
MMC XIII-B.22.090(G)
Consistency Finding
cubic yards. Minimal landscaping is also
proposed, including 22 mid
-size trees and various
flowering plants, ground cover, succulents and
shrubs.
(c) Minimize Perception of Excessive Bulk.

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

Consistent. The proposed design includes
varying rooflines, a clear delineation of different
colors and materials, and punctuation of certain
front and side facing elevations to remove the
perception of bulk within the
one-and-a-half-story
residence. The footprint of the proposed home is
also angled in its orientation to the front property
line, thus minimizing the perception of excessive
bulk. Furthermore, as described above and shown
in Table
1, the proposed main residence is
proposed to be sized in scale closer to immediate
neighbors’
proposed residences built on lots less
than 3.0-acres in size. The overall building
footprint of the main residence on the 1.1-acre lot
is consolidated, and the remaining portions of the
lot will also remain undeveloped, and no
accessory structures are proposed.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light and
air of adjacent properties nor unreasonably
impair the ability of adjacent properties to
utilize solar energy.

Consistent. The proposed home will not exceed
27 feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards.

The proposed home also has a combination of
mansard
-style and minimally pitched roof systems
that could be used to utilize future solar energy.

With regards to adjacent properties, the lot to the
west is reserved as Common Area and the
residences to the east are located greater than 429
feet away. As such, the proposed main residence
will not cause an impairment to the adjacent
properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.

Consistent. The proposed location of the main
dwelling is where the existing lot is most flat, and
grading is limited to 4,160 cubic yards of
necessary cut to accommodate the two
-story
dwelling and modest pool and 490 cubic yards of
the grading will be repurposed as fill.







 


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Site & Architectural Design
The Project is designed in a modern French Chateau style, which adds to the diversity of the neighborhood.

The exterior materials are composed of painted stuc co, high quality stone veneer and a standing seam metal roof, with metal and stain grade wood accents. The articulation of the architectural forms blending with a variety of finishes creates an attractive fr ont elevation, along with an integrated curved driveway pattern that enhances the house a nd the neighborhood. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials are complementary to the neighboring residences and within an earth tone range.

Grading and Landscaping
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential deve lopment. In an effort to limit the amount of ground to be removed, the applicant has proposed a site p lan which locates the proposed home on the flattest portion of the site. Given the steep slope of the lo t, grading was required to accommodate a two-story home with rear yard access. In order to minimize gra ding, the rear yard entry is located on the second floor, which requires considerably less grading than having the exit on the first floor.

However, due to the property slope a nd proximity to the crestline, the Project will result in 4,160 cubic yards of cut and 490 cubic yards of fill for the const ruction of a new home and the required grade at the driveway for firetruck access. This is an incr ease of approximately 1,000 cub ic yards of cut, but was deemed necessary to accommodate the proposed Accessory Dwelling Unit, while preserving the crestline.

Per MMC Section B.22.180(D)(3), grading over 1,500 c ubic yards requires Planning Commission and City Council approval. Given the proximity of the cres tline, the lot requires a significant amount of grading in order to develop a residence that would not be visible from the valley floor. Furthermore, no grading is proposed in the crestline zone of protection, a nd grading is limited to near the footprint of the home and rear patio area. Therefore, this Project will not impact the public views of the hillside and will not result in any other significant impacts.

The proposed landscape plan includes a variety of flowers, shrubs, succulents, and trees. As demonstrated in Attachment B (Project Plans), these plans are consistent with the grading and landscaping requirements within the Hillside Ordinance.

Crestline Zone of Protection

In an effort to protect the quality of views of the hills from the valley floor, development standards related to the crestline have been incorporated into the Zoning Code. Per MMC Section XIII-B.22.060, the purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor. In addition, MMC Section XIII-B.22.060.B states that, in the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline si te line. An exhibit was given to the applicant demonstrating the location of prominent crestlines id entified by the City. To demonstrate compliance with the crestline zone of protection and site line, which is located within the rear half of the existing lot, the Applicant installed “story poles” (Attachment C) along the minimum setback line and took pictures from areas recognized by the City as vantage points and required by the Hillside Section B.22.060.

Specifically, designated viewpoints VP2, VP3, and VP4 were included within this analysis. As demonstrated in Attachment C (Story Pole Installation) and Project plan sheet A0.5, although cross section #3 for VP4 would intrude into the site line, the story pole tests confirm the Project will not be visible from the valley floor, and therefore, is compliant with the Crestline Zone of Protection.







 


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General Plan Conformance
The General Plan designation for the Project site is Hillside Low Density (HLD). The General Plan details the goals, objectives and policies for the City’s Hillside Area. It is characterized by gentle to steep slopes, grassy terrain with some chaparral and trees, wildlife, geologically unstable areas, the Ed R. Levin County Regional Park, and a feeling of remote ness from the more urban portions of the City. The Hillside Low Density designation allows a maximum of one (1) housing unit per gross acre. The Project is in conformance with the policies and standards in the City’s General Plan policies, as outlined in the following table.

Table 3:

General Plan Consistency

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

Consistent. The proposed Project will not
impact the visual character of the hillside from
the valley floor or other viewpoints , as the
Project site is located over 100 feet east of the
crestline. Project plan sheets A0.4 and A0.5
illustrate how the proposed residence will not
obstruct panoramic public views from and of
the hillsides.

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

Consistent. The proposed Project will be
situated at the flattest portion of the lot to limit
disruption to the existing natural topography by
limiting cut to 4,160 cubic yards and fill to 490
cubic yards for both construction phases. The
total earthwork exported is necessary to
accommodate the home's footprint and meet
the grade requirements to not be visible from
the valley floor.

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

Consistent. Minimal contour grading will be
required for the construction of the new
residence due to its siting on the flattest areas
of the lot. All new contours will be designed
to blend with the natural existing site contours
as demonstrated in the civil drawings in the
plan set.

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

Consistent. The building pad is proposed at
the flattest portion of the lot and will only
necessitate minimal grading to accommodate
the residence. Grading has been minimized as
much as feasibly possible in the Project, in that






 


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Resolution No. 26-007
the site follows the site's natural contours in an
effort to preserve the natural terrain quality.

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

Consistent. No changes are proposed to the
existing land use and zoning designation, as
the subject site is to be used as a single-family
residence.

As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.

Planned Unit Development No. 68 Conformance

The Project is also located within PUD 68, which established total allowable square footage, total allowable grading, size of the garage, and exterior finish materials. Per PUD 68, which was adopted in November of 1992, the lot shall have a 3-car garage , 4,000-5,000 square feet of total allowable square footage for the residential structure and only permit certain types of exterior finishes.

The Project site’s previous entitlement (SD22- 0013) also included a Planned Unit Development Amendment (PA23-0001) that determined through an alysis and research that PUD 68, which was established to regulate the construction of six custom homes, is no longer reflective of the current development patterns of the Bay Area. For that reason, the PUD was amended for this lot to allow for an increase in residential square footag e, a modification for a two-car gara ge instead of a three-car garage, and proposed changes in exterior finishes.

Staff finds that the Project is consistent with th e recent PUD Amendment in that the building footprint has not changed from the previous approval, nor has th e height. Therefore, the Project still meets the finding that these changes will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated. Furthermore, the Project will maintain the two-car garage that was previously approved, and the elevations are substantially similar.

SECTION 4: The Planning Commission of the City of Milp itas hereby approves and recommends the City Council approve Site Development Permit Amendment No. SA25-0003 and adopt a resolution to allow the development of a single-family residenc e in the hillside district, based on the above findings and subject to the Conditions of Approval in the proposed Site Development Permit Amendmen t No. SD25-0003 attached hereto as Exhibit 1 incorporated herein.

PASSED AND ADOPTED at a regular meeting of the Planning Co mmission of the City of Milpitas on April 8, 2026.

Chair







 


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Resolution No. 26-007

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 April 8, 2026, and carried by the following roll call vote:

COMMISSIONER AYES NOES ABSENT ABSTAIN
Parveen Gupta
Michael Caulkins
Dipak Awasthi
Chia Ling Kong
Olania Castillo
Alexander Galang
Dawn Brown

X
X
X
X
X
X
X






 


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Resolution No. 26-007
EXHIBIT 1

SITE DEVELOPMENT PERMIT AMENDMENT NO. P-SA25-0003
1321 TERRA VISTA CT (APN 029-07-012)

The City of Milpitas Planning Commission and City Council approve Site Development Permit Amendment No. SA25-0003, subject to and conditioned upon all applicable State and local laws and regulations and the Conditions of Approval outlined below, which will supersede those from Site Development Permit No. P- SD22-0013). This Permit is to allow the issuance of building permits for the proposed development of a 5,840- square foot, one and a half-story single-family residence (“Project”) on a vacant 1.1-acre site within Planned Unit Development No. 68 at 1321 Terra Vista Ct (APN: 029-07-012), subject to all necessary reviews, approvals, studies, and inspections for the issuance of such building permits.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:

General Conditions

1. General Compliance. The applicant and owner, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit Amendment No. SA25-0003 (“Permit”) shall have no force or effe ct and no building permit shall be issued unless and until all things required by the below-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. (P)

2. 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 applicable materials as required by the City for review and obtain the approval of the Planning Director or designee. If the Planning Director or designee determi nes 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)

3. Effective Date. Unless there is a ti mely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)

4. Acceptance of Permit. Should Permittee fa il 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.

5. Permit Expiration. Pursuant to Section D.2.040.K of the Milpitas Comprehensive Zoning Update (CZU), this Permit shall become null and void if the development is not implemented within two (2) years, or for projects submitted with tentative maps, within the time limit s of the tentative map. Pursuant to Section D.2.040.K.3 of the Comprehensive Zoning Update of the City of Milpitas, implementation is defined when: (P) a. A permit or approval shall not be d eemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has commenced the allowed use on the subject site in compliance with the approval; or 





 


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b. Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void; or
c. If a project is phased, each phase shall be subjec t to a time limit during which construction must commence. Each subsequent phase shall have the sa me length of time allowed for the previous phase.

The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit of approval.
d. “Commence construction” shall mean any of the following, whichever occurs soonest:
i. Completes a foundation associated with the project;
ii. Dedicates any land or easement as required from the approval; or iii. Complies with all legal requirements necessary to commence the use or obtains a Certificate of Occupancy permit.

This permit shall become null and void if the work is added to, modified, or otherwise deviated from in any significant way from the approved site plan, building plan, floor plans, or other approved submittals as determined by the Planning Director or designee.

6. Notice. Pursuant to California Government Code Sect ion 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 th e 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 applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P)

7. Cost and Approval. Permittee shal l fully complete and satisfy each an d 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 a nd liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and pa id in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P)

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

9. Compliance with Laws. The construction, use, and all related activity authori zed under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)

10. 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. (P)

11. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and al l claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including 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 pr oject, including but not limited to, the approval of the discretionary pe rmits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmen tal Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, 





 


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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, su it 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 City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)

12. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section D.18.070 of the Milpitas Zoning Code. (P)

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

14. Conformance. Permittee shall develop the approved P roject in conformance with the plans approved by the Planning Commission, and in accordance with thes e Conditions of Approval. Any deviation from the approved site plan, elevations, materials, colors, lands cape plan, or other approv ed submittal shall require that, prior to the issuance of building permits, the Pe rmittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)

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

16. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check, a list of al l conditions of approval imposed by the final approval of the project. (P)

17. Streets shall be designed to genera lly follow the contours and land form in order to minimize cut and fill.

Exposed walls and facing roadways and retaining walls shall be no greater than six feet in height. Crib walls fencing roadways shall be no greater than 15 feet in height. (P)

18. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to rep lace removed natural vegetation and should recognize climatic, soil, and ecologic characteristic of the region. Plan mate rials that require excessive water after becoming established should be avoided. (P)

19. Trees which have a six inch or greater diameter trunk size at a point three feet above grade may not be removed without obtaining prior approval from the City. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an “S” Zone application approval, shall have the power to authorize removal, relocation or replacement if the Permittee can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this section shall be at a five to one (5:1) ratio. (P)

20. The proposed home is located east of the Crestline and is subject to a maximum height of 1.5 stories or 26 feet. (P)







 


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21. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager. (P)

22. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (P)

23. Where any cut-or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended. (P)

24. Fees: Upon reviewing Exhibit B from the Subdivision Im provement Agreement, it appears that a number of fees were deferred to be paid before building permit issuance. Those fees are listed here:
a. Prior to the final (occupancy) of each building, a cash fee ($1333.00/per dwelling unit) to cover the development pf park and recreations areas shal l be collected by the City for the granting of the PUD.

25. Prior to Building Permit Issuance, the applicant must demonstrate proof in acc ordance with “Special Conditions – P.U.D. No. 68 and Vesting Tentative Map “Countryside Estates,” that the development at “ADDRESS OF DEVELOPMENT” will be serviced by a fire hydrant that meets the minimum water demand of 1,500 hydrant fire flow to the satisfaction of the Deputy Fire Chief, or his designee. (P)

Fire Department

28. The plans approved by the Planning Department process are not building plans and have not been reviewed nor approved for conformance to the California Buildi ng Code (CBC), California Fire Code (CFC) and the Milpitas Municipal Code (MMC). Do not consider this set of plans as final building plans approved by the Fire Department. Building plans must be submitted for review and approval before construction is to commence. The following notes are a general list of the applicable code requirements (2022) and are provided to assist with the building permit process. Please note that these are not all inclusive. All applicable Building, Fire and Municipal Code requirements must be met in advance of any building permit approvals or related construction. (F)

29. Electronic Documents. The fire code official may require electronic base documents for all construction documents and operational permits. The fire code official shall designate the software base format for the electronic documents. CFC Section 106.1.1, added by MMC Section V-300-2.28

30. Automatic Fire Sprinkler Requirements. An automatic sprinkler system shall be provided throughout the new dwellings (main and guest), inclusive of basements, covered porches, patios, ADUs and garages, etc.

Milpitas Municipal Code Sect V-300-2.69, CFC Section 903.2.8

31. Fire Department Access. Sheets A-1.0C shows an acceptable Fire Dept. access. Fire apparatus access roads shall be provided for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Fire apparatus access shall meet the following:
a. Fire apparatus access shall extend to within 150 feet of all portions of exterior walls of the building/ structure per the California Fire Code Section 503.1. Access along Country Club Drive have to be provided with gate and steps if the grade is too steep. b. The private road shall be designed for fire apparatus access. Fire Access Dimensions, fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm). CFC Section 503.2.1 Exception:






 


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Milpitas Municipal Code XI-10-45.11

45.11-1 Privately owned and maintained access from the public road to each single-family dwelling shall be a minimum of fourteen (14) feet in width. Turning radius shall be designed to meet the Fire Department’s requirements.

45.11-2 Turnout space shall be provided on driveways over one hundred fifty (150) feet in length with a maximum spacing of one hundred fifty (150) feet if driveway is less than eighteen (18) feet wide.

45.11-3 Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet Fire Department’s requirements.

45.11-4 Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.

c. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather capabilities. Bearing capacity for the driveway and the entry drive court shall be designed to provide a minimum of 60,000 lbs. bearing capacity for the fire apparatus. CFC Section 503.2.3

d. When there is a dead-end condition, means for fire apparatus turn-around shall be provided as per the CA Fire Code Section 503.2.5. The Fire Department reserves the right to request site design changes as needed to meet the requirements of the CFC, and/or make the request for additional fire protection measures in conformance with the CFC Section 102.9.

e. The grade (maximum 10%) of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. CFC Section 503.2.7.

f. Electric gates. Where provided, gates shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. CA Fire Code Section 503.5
Electric gates shall also be provided with a Milpitas Fire Department approved “Knox” electronic switch in addition to the keypad. CA Fire Code Section 102.9

32. Access Control Devices: When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the Fire Code Official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress. CFC Section 504.6, added by MMC Section V-300-2.54

33. Premises identification. New and existing buildings shall have approved address numbers. Address numbers shall be illuminated and located where they are clearly visible from the street. CFC Section 505.

34. Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B or the City of Milpitas Engineering requirement whichever is greater.

a. The minimum fire flow shall be 1,000 GPM per 2022 CFC Table B105.1 based on a 5,840.22 square feet. The 1,000 GPM requirement is only applicable if more than the required fire flow from the 





 


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minimum city Engineering Division design standards. Revise note and provide report showing the required 1,500 GPM fire flow.

Provide the required minimum 1500 GPM fire flow pursuant to Engineering requirement as the most restrictive than the fire flow in Table B105.1(1). Reference Milpitas Municipal Code VIII-1-11.01 - Design Standards 11.02-1. In Residential areas design shall provide for a fire flow of 1500 gallons per minute plus a simultaneous demand of 2 gallons per minute per residence. Provided Fire Flow dated 5/9/2023: 54 PSI Static, 44 PSI Residual, 1637 GPM (Nearby intersection of Tera Vista Ct. and Country Club

35. Water supply requirements. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. CFC Section 507.5.1

Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet.

36. Sprinkler system supervision and alarms, and monitoring. It is recommended that due to the location of the home (hillside) the automatic fire sprinkler system for this home be a system that has supervision and alarm, and monitoring system in conformance to the CA Fire Code Section 903.4.

37. R Occupancy – Smoke Alarm. Single- and multiple-station smoke alarms. Listed single- and multiple- station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.7 and NFPA 72. Exception: For Group R occupancies. Afire alarm system with smoke detectors located in accordance with this section may be installed in lieu of smoke alarms. Upon actuation of the detector, only those notification appliances in the dwelling unit or guest room where the detector is actuated shall activate. [Ref.: CFC 907.2.10]

38. Group R Occupancies. Open flame, fire and burning in Group R occupancies shall comply with the requirements of Sections 308.1 through 308.1.7. CFC 308

39. Heating Appliances. Heating appliances shall be listed and shall comply with Sections 605.6.1 and 605.6.2. [California Code of Regulations, Title 19, Division 1, §3.17(a) and (b)] Guards for Heating Appliances.

Every heating appliance in any occupancy governed by California Code of Regulations, Title 19, Division 1 regulations which does not have protective features incorporated in its design, shall be provided with guards that will provide protection against ignition of clothing and other combustible material.

a. Appliances employing open flame radiated heat shall have fixed and substantially constructed metallic guards located not less than 10 inches from the radiating flame and the guard members shall be spaced not more than 2 inches apart.
b. Cabinet type appliances that are not provided with an inner combustion chamber and an air circulating space between the combustion chamber and the outer shell, shall have fixed and substantially constructed metallic guards located not less than 3 inches from the shell and spaced not more than 2 inches apart.

40. Landscape Sheets: Proposed landscaping may be impacted by the comments above and the requirements for fire access, fire systems and devices (such as apparatus access, hydrants, fire service lines, fire department connections valves, etc.). The Fire Dept. reserves the right to relocate, delete or change the 





 


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Resolution No. 26-007
proposed landscaping when in conflict with fire systems, access and devices. CFC 507.5.4. Clear access to the ADU shall not be obstructed by the landscape.

41. Plan Submittal: Complete plans and specifications for all aspects of fire protection systems shall be submitted to the Fire Department for review and approval prior to system installation. CFC Section 901.2

Building Department

42. Compliance with Building Code of Regulations. The P roject shall comply with the requirements of the Building Safety and Housing Departme nt and the California Code of Re gulations 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 Ca lifornia 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)

Engineering Department

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

35. Modifications: The Site Developmen t Plan dated December 19, 2025 is subject to change during the plan check stage based upon City’s previous comments and conditions stated herein.

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

37. Submittal Requirements: Permittee to ensure that all p lan 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.

38. Project Job Account/Fee Deposit: Permittee shall open a ne w 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 approved City fee schedule at the time of application submittal.

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)

39. Public Improvement Design Standards: All public im provements 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/);






 


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Resolution No. 26-007
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.

40. Sanitary Sewer Calculations: Permittee shall submit a completed “S ewer Needs Questionnaire” form and sanitary sewer calculations to justi fy lateral size design, allocation of disc harge 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.

41. 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 flowi ng full, without surcharging the main line pipe, and to be reviewed and approved by the Engineering Department.

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

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

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

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

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

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

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

48. Development Fees: Permittee shall pay the following de velopment fees. The information listed in items “a” through “g” are based upon current fee rates; however, thos e fee rates are subject to change. The exact fee amount shall be determined at the time of building permit fee payment:

a. Hillside water reimbursement fee: $8,550
b. Treatment Plant Fee: $880 per dwelling






 


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Resolution No. 26-007
c. Cost of meter purchases: these were listed in Exhibit B, but the City no longer collects those. Instead we have the customer order the meters through our supplier and pay the supplier directly.

Other Fees
d. Sewer connection fee: $1,908 single family parcel (separate from Treatment Plant fee)

49. Mailboxes: The Permittee shall coordinate with US Postal Services regarding placement of required mailboxes. Mailbox location shall not be on public street frontages and shall be approved by City and US Postal Services prior to building permit issuance. Mailbox locations shall be shown on the improvement plans and Permittee shall submit a letter to the City’s Land Development Engineering Section from the Postmaster approving the location of the mailbox. Structures to protect mailboxes may require Building, Engineering and Planning Department review.

50. Hazard Assessment Report: For any new back flow device proposed to be installed on an irrigation, domestic or fire service, the Permittee and its qualified cross-connection specialist shall complete and submit a City of Milpitas Hazard Assessment Report (CMP Hazard Assessment Report (Fillable) 2026). An existing Hazard Assessment Report may be submitted if completed in the last six (6) months, or submission of a new assessment if any of the following conditions have occurred: 1) Initial site hazard assessment is older than six (6) months, 2) Account change; 3) New connection; 4) Change in onsite activities or materials that may affect water safety; 5) If there has been cross-connection incid ent in the last six (6) months or if this work is requirement of the State Water Resource Control Board. The Hazard Assessment Report shall be submitted for review and approval by the City’s Utility Engineering department prior to building permit issuance.

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)

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

52. Prohibition of Potable Water Usage: Permittee shall use recycled water for construction purposes, including dust control and compaction. Permittee shall comply with MMC VIII-6-5.00 and 6-6.00 where potable water usage is prohibited, unless otherwise approved by the City Council.

53. Construction Staging and Employee Parking: Permitt ee shall place all construction related materials, equipment, and arrange construction workers parking on-s ite and not located in the public right-of-ways or public easements.

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

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

55. Completion of Public Improvements: Permittee shall complete all public improvements as shown on City approved plans.






 


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Resolution No. 26-007

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

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

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

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

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

AGREEMENT
Permittee/Property Owner

The undersigned agrees to each and every condition of approval and acknowledges the NOTICE OF RIGHT TO PROTEST and hereby agrees to use the project property on the terms and conditions set forth in this Permit.

Dated: _________________ ______________________________________ Signature of Permittee






 





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Certificate Of Completion
Envelope Id: D32AFE2F-F5CB-42BC-8BAC-31FF6D4B9F43 Status: Completed Subject: Complete with Docusign: Attachment A_Resolution 26-007 (DocuSign).pdf Source Envelope:

Document Pages: 19 Signatures: 2 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: 170.85.155.16
Record Tracking
Status: Original
April 9, 2026 | 10:20
Holder: Liz Medina
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Eugene Sakai, Studio S Squared Architecture, Inc.
[email protected]
CEO
Studio S Squared Architecture, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.220.24.88
Sent: April 9, 2026 | 10:28
Viewed: April 11, 2026 | 08:48
Signed: April 11, 2026 | 08:48
Electronic Record and Signature Disclosure:

Accepted: April 11, 2026 | 08:48
ID: 84fd8106-0afb-4f58-98bc-edabada6aa52
Chair Parveen Gupta
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 147.185.47.130
Sent: April 11, 2026 | 08:48
Viewed: April 13, 2026 | 11:02
Signed: April 13, 2026 | 11:03
Electronic Record and Signature Disclosure:

Accepted: April 13, 2026 | 11:02
ID: 7de5f09e-5cf8-4ebd-8f0a-90b68a4ec282
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
Randy Baez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: April 13, 2026 | 11:03
Electronic Record and Signature Disclosure:

Accepted: February 27, 2026 | 14:14
ID: f7332595-2ce6-462e-bcb1-ecfd07ec6752

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Carbon Copy Events Status Timestamp
Eugene Sakai, Studio S Squared Architecture, Inc.
[email protected]
CEO
Studio S Squared Architecture, Inc.

Security Level: Email, Account Authentication
(None)
Sent: April 13, 2026 | 11:03
Electronic Record and Signature Disclosure:

Accepted: April 11, 2026 | 08:48
ID: 84fd8106-0afb-4f58-98bc-edabada6aa52
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted April 9, 2026 | 10:28
Certified Delivered Security Checked April 13, 2026 | 11:02 Signing Complete Security Checked April 13, 2026 | 11:03 Completed Security Checked April 13, 2026 | 11:03
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, 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.

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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 
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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 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 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 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 City of Milpitas
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

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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 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 City of Milpitas during the course of your relationship with City of Milpitas.

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461.67'
442.08'
463.42'471.73
426.54'457.75'
436.79'431.50'
446.50'450.92'455.33'459.73'466.42'469.42'471.44'
463.56'465.92'467.71'469.04'470.40' 28'-2"26'-2"26'-2"26'-2"26'-2"26'-2"26'-2" 23'-5 1/2"23'-5 1/2"23'-5 1/2" 22'-11 1/2"22'-11 1/2"22'-11 1/2"22'-11 1/2"22'-11 1/2"25'-5 1/2"25'-5 1/2"25'-5 1/2"25'-5 1/2"25'-0"40'-0" PROJECT NO.REVISION21-036DESCRIPTIONDATE Milpitas, 1321 Terra Vista CourtHue Tran Vu NguyenF O R P E R M I T R E V I E W O N L Y - - N O T F O R C O N S T R U C T I O N 1000 S Winchester BlvdSan Jose, CA 95128P : (408) 998 - 0983Tran-Nguyen ResidenceNEW SINGLE FAMILY HOUSEDRAWN BY CSTUDIO S SQUARED ARCHITECTURE, INC.

TRUEENWS SITE PLAN1"=10'1
SITE PLAN&DEMO SITE PLANA1.0 15510feet

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt Resolutions to Approve the Fiscal Year 2026-27 Proposed Operating Budget for the City of Milpitas and the Milpitas Housing Authority, Approve the Fiscal Year 2026-27 GANN Appropriations Limit, Authorize Various Financial Actions, Fiscal Policies and Budget Guidelines, and Amend the Classification Plan for Alignment with the FY 2026-27 Proposed Operating Budget, the Minimum Wage Increase, and Salary Schedules Consistent with Previous Council Action (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586- 3111)
Category: Public Hearings-Leadership and Support Services Meeting Date: 6/2/2026
Recommendation: Adopt the following Resolutions: (a) Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2026-27 Proposed Operating Budget for the City of Milpitas and the Milpitas Housing Authority, approve the Fiscal Year 2026-27 Gann Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000; (b) Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; (c) Amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292; and (d) Amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedules for various classifications to align with current memorandums of understandings (MOUs).

BACKGROUND:

The FY 2026-27 Proposed Operating Budget (Proposed Budget) is the product of months of collaboration, discussion and deliberation, resulting in a Proposed Budget developed with the leadership and engagement of the City of Milpitas Council (City Council), City management, staff and the Milpitas community at large. During the FY 2026-27 Preliminary Budget Study Session held on March 3, 2026, staff projected a structural deficit of $19.2 million over five years with a surplus of $2.1 million in FY 2026-27.

On May 5, 2026, the City Council held a Public Hearing where the Proposed Operating Budget proposals was formally presented to City Council and the public and subsequently reviewed and discussed. The requisite public hearing notices related to the adoption of the Proposed Budget as well as the FY 2026-27 Gann Appropriations Limit were published timely. During this Public Hearing, City Council brought up additional budget proposals to be considered during the adoption of the 2026-27 Operating Budget on June 2, 2026.

These proposals included the following:

1. Milpitas Youth Force Program Expansion: $40,000 (one-time)

2. Ring Doorbell Initiative: $150 per device

3. Care Solace: $160,000 (two-years)

4. Community Choir and Band Support: $3,500 (ongoing)

ANALYSIS:

As noted above, staff formally presented the $292.3 million FY 2026-27 Proposed Operating Budget to the City Council for review and discussion. This Agenda Report transmits the Proposed Budget, documenting changes to the Proposed Budget as reviewed and discussed at the May 5, 2026 Public Hearing. The Agenda Report also includes the various resolutions required for the adoption of the Proposed Budget.

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The first four potential proposals below were discussed by City Council on May 5, 2026 and require City Council to vote on them to include them in the FY 2026-27 Adopted Operating Budget. Additionally, the last two items, Milpitas SMART and Community Center, are being brought forward by staff for discussion:

1. Milpitas Youth Force Program Expansion: $40,000 (one-time)

2. Ring Doorbell Initiative: $150 per device

3. Care Solace: $160,000 (two-years)

4. Community Choir and Band Support: $3,500 (ongoing)

5. Milpitas SMART: $1.5 million (annually)

6. Community Center Roof: $4.92 million ($370,000 design and $4.55 million build)

Funding for these items, if approved by City Council, will require sources to be identified. Council may elect to fund one-time projects with the remaining one-time monies of $937,619.

In addition, staff was recently made aware of an increase of $433,749 to our wholesale water purchase agreement with San Francisco Public Utilities Commission. Staff recommend a proposal to increase 2026-27 budget for wholesale water purchase in the amount of $433,749 (from $27.3 million to $27.8 million) in the Water Maintenance and Operations Fund. This action will reduce the Capital Reserve in the Water Maintenance and Operations Fund from $7.3 million to $6.9 million.

The revised General Fund 5-Year Forecast, which incorporates the changes in the 2026-27 Proposed Operating Budget, is presented below:

Sources and Uses
FY 2025-26
Adopted,
Amended
Budget
FY 2026-27
Proposed
Budget
FY 2027-28
Forecast
FY 2028-29
Forecast
FY 2029-30
Forecast
FY 2030-31
Forecast
Revenues and Other
Sources $145.5 $149.9 $154.0 $158.4 $163.0 $168.2
Use of Reserves 5.4 2.7 0.0 0.0 0.0 0.0
Expenditures (150.9) (152.1) (156.9) (162.9) (169.1) (175.5) Reduce CMO
Unanticipated
Expenditures

0.8 0.0 0.0 0.0 0.0
Annual
Surplus/(Deficit) Balanced $ 1.3 $ (2.9) $ (4.5) $ (6.1) $ (7.3) Structural
Surplus/(Deficit)
Surplus $ (1.6) $ (6.2) $ (12.3) $ (19.6)

Enabling Resolutions
The FY 2026-27 Proposed Operating Budget and related recommendations are approved by various resolutions as discussed below.

Joint Budget Resolution
With the adoption of the attached Joint Budget Resolution of the City Council and Milpitas Housing Authority, the City Council will approve the FY 2026-27 Proposed Operating Budget for the City of Milpitas and the Milpitas Housing Authority as amended in this Agenda Report per previous City Council direction. Further through the joint resolution, the City Council will approve the Gann Appropriations Limit, fiscal policies and authorizes various financial actions, including authorizing the City Manager to execute certain contracts in amounts above $100,000 during FY 2026-27. An attachment to the Joint Budget Resolution identifies a list of contracts with an estimated not-to-exceed amount above the City Manager’s contract approval authority of $100,000 as well as annual payments over $100,000 in the aggregate for insurance and utilities. Funding for

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these contracts and payments has been incorporated into the proposed budget and/or the FY 2027-2031 Capital Improvement Program. As part of the adoption of this Proposed, staff is seeking authority to award these contracts and make certain payments. The list includes annual routine contracts (e.g., PLAN JPA insurance premiums), contracts with specific funding items related to this budget (e.g., Valley Water wholesale water purchase), and contracts related to capital improvement projects.

The Gann Appropriations Limit
Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Appropriations Limit, was approved by California voters in November 1979 and placed limits on the amount of taxes that state and local governmental agencies can receive and spend each year. If an agency receives more revenue than the Appropriations Limit, the excess revenue must be returned to the taxpayers through a tax reduction or refund within the next two years. Alternatively, the agency can increase its Appropriations Limit through voters’ approval. Based on the attached analysis, using the population and per capita personal income change factors provided by the State of California, the City Gann Appropriations Limit for FY 2026-27 has been computed to be $156,894,846. Appropriations subject to the limitation in FY 2026-27 budget total $110,279,526, which is $46,615,320 less than the computed limit. The City has not exceeded its annual Appropriations Limit in any fiscal year since this requirement was approved by the voters in 1979.

Personnel Related Resolutions
Based on the Proposed Budget as amended in this Agenda Report based on Council direction, staff is bringing forward several personnel-related resolutions to amend the classification plan for all employees as it relates to authorized positions, changes to hourly rate ranges for certain classifications due to an increase in the City’s minimum wage, and salary schedule amendments based on previous Council direction consistent with MOUs for the respective bargaining groups.

Authorized positions – This resolution aligns the number of positions on the Authorized Position List, amends specific budgeted positions consistent with the Proposed Budget, and creates a new classification for an Asset Management Program Administrator and the reclassification of a Purchasing Agent to a Purchasing Manager.

Minimum Wage Adjustments – This resolution adjusts the hourly rate ranges upwards for various classifications with the bottom of the hourly range set at the new minimum wage and compacted supervisory positions effective July 1, 2026. Consistent with the City Council approved ordinance, the minimum wage is scheduled to increase by $0.30 from $18.20 to $18.50 by July 1, 2026 based on the February 2026 annual Consumer Price Index (CPI) increase for the San Francisco-Oakland-Hayward Metropolitan Statistical Area.

Salary Schedules for Council Approved Wage Increases – This resolution is required per the California Code of Regulations §570.5. Per State law, the City is required to bring all pay schedules before the governing board for review and approval. The updated salary schedule reflects the respective increases for the International Association of Firefighters Local 1699 (IAFF) and related Unrepresented Fire employees wage increases. The Milpitas Employee Association (MEA), Milpitas Professional and Technical Group (ProTech), Mid-Management Confidential Unit (MidCon), Milpitas Police Officers Association, and Unrepresented (miscellaneous) increases will be updated once memorandum of understanding (MOU) negotiations have concluded.

Bargaining Group Wage Percentage Increase Effective Date Unrepresented Fire Employees
(Unrep Fire)*
4% Effective the first full pay period in
July 2026
International Association of
Firefighters Local 1699 - Sworn
4% Effective the first full pay period in
July 2026
* To address any potential internal salary compaction issues, Unrepresented Fire Employees’ increases align with IAFF per City Council action on March 4, 2025

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt the FY 2026-27 Proposed Operating Budget

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Pros: None.

Cons: The City would not have an adopted operating budget for FY 2026-27 resulting all City operations ceasing until an adopted budget was passed.

Reason for Not Recommending: Under Government Code Section 53901, Unless exempted by the county auditor 60 days after the beginning of its fiscal year, every local agency shall file with the county auditor of the county in which it conducts its principal operations, a copy of its annual budget. Without an adopted budget by July 1, 2026, the City of Milpitas cannot provide services or perform City operations until a budget is adopted and appropriated.

PROJECT SCHEDULE/KEY MILESTONES

Milestone Date
City Council Public Hearing – Presenting FY 2026-27 Proposed Operating Budget May 5, 2026 2026-27 Appropriations Limit Public Notice May 18, 2026 City Council Public Hearing to Adopt FY 2026-27 Operating Budget June 2, 2026 Effective start date of FY 2026-27 Operating and Capital Budgets July 1, 2026

FISCAL IMPACT:

Upon adoption, the FY 2026-27 Budget for the City of Milpitas and the Milpitas Housing Authority, for all funds including debt service, will be $292.3 million plus any additional proposals that City Council approves as part of the adoption of the FY 2026-27 Operating 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 a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

ATTACHMENT(S):
(a) FY 2026-27 Proposed Operating Budget
(b) Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2026-27 Proposed Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000.
(c) Exhibit 1, Joint Resolution, FY 2026-27 GANN Appropriations Limit (d) Exhibit 2, Joint Resolution, FY 2026-27 Budgeted Contracts over $100,000 (e) Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions
(f) Amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292 (g) Amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedules for various classifications to align with the current memorandums of understandings (MOUs) (h) Exhibit A, Salary Table for FY 2026-27 Budget

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ATTACHMENT A

Is available at:
https://www.milpitas.gov/DocumentCenter/
View/10029/2026-2027-Proposed-
Operating-Budget

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RESOLUTION NO. ____

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AND

THE HOUSING AUTHORITY OF THE CITY OF MILPITAS APPROVING THE FY 2026-27 OPERATING BUDGET FOR THE CITY OF MILPITAS AND THE

MILPITAS HOUSING AUTHORITY, THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27, FISCAL POLICIES, AND BUDGET GUIDELINES, AND AUTHORIZING

VARIOUS FINANCIAL ACTIONS BY THE CITY MANAGER, INCLUDING

APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS CONTRACTS AND PAYMENTS OVER $100,000
WHEREAS, the City Manager/Executive Director has submitted a FY 2026-27 Proposed Budget and Financial Plan; and
WHEREAS, on June 2, 2026, a public hearing on the Proposed Budget and Financial Plan was opened where all interested persons were heard; and
WHEREAS, the City Council and Milpitas Housing Authority (“Authority”) reviewed the City Manager’s FY 2026-27 Proposed Budget and Financial Plan; and
WHEREAS, the first year, or FY 2026-27, of the Capital Improvement Program (CIP) is a part of the 2026- 27 Proposed Budget and Financial Plan; and
WHEREAS, Article XIIIB, Section 1, of the Constitution of the State of California requires that total annual appropriations subject to limitation of the City of Milpitas shall not exceed the appropriations limit of the City for the prior year adjusted for changes in the cost of living and population except as otherwise provided, also referred to as the GANN Appropriations Limit; and
WHEREAS, this Article became effective July 1, 1980, as amended, which requires the City to establish its appropriations limit by resolution each year at a regularly scheduled meeting or a noticed special meeting, commencing after the beginning of each fiscal year; and WHEREAS, the appropriations base for 1978-79 had been determined and since adjusted by the changes in population, cost of living, and transfers of financial responsibility, establishing an appropriations limit for fiscal year 2026-27 of $156,894,846; and
WHEREAS, the calculations for the appropriations limit are included as part of the budget document materials being considered and approved by the City Council and Authority as part of this Resolution; and WHEREAS, documentation used in determining the appropriations limit has been made available to the public for a period of not less than fifteen (15) days prior to consideration of this Resolution by the City Council and Authority; and
WHEREAS, the budget document contains fiscal policies that the City Council and Authority have reviewed and approved, and which are updated from time to time, as follows: General Financial Goals, Operating Budget Policies, Revenue and Expenditure Policies, Utility Rates and Fees, Capital Budget Policies, Debt Policies, Reserve Policies, Investment Policies, and Accounting/Auditing and Financial Reporting Policies; and WHEREAS, the budget document contains budget guidelines that the City Council and Authority have reviewed and approved and which are updated from time to time, as follows: Basis of Budgeting; Budget Calendar requirements; form and content of the City Manager's Proposed Budget; adoption of the Budget by June 30; the City Manager budget authority; requirement that budget amendments be approved by the City Council; budget transfers and modification procedures; automatic adjustments and re-appropriations; budget monitoring and reporting; and reserve requirements for all funds.

NOW, THEREFORE, the City Council of the City of Milpitas and the Milpitas Housing Authority hereby find, determine, and resolve as follows:

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2 Resolution No. xxxx

1. The City Council and Authority have considered the full record before them, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to them. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The annual Budget and Financial Plan, as attached in the City Council and Authority meeting packet, inclusive of capital improvement appropriations, for the City of Milpitas and Authority for fiscal year 2026-27 is hereby affirmed and adopted totaling $292,347,818 for all appropriated funds.

3. The amounts shown as “Appropriations” and estimated fund balances are hereby approved for the various purposes designated in the 2026-2027 Adopted Budget.

4. The budgets for all departments for the period July 1, 2026 through June 30, 2027, inclusive, contained in this 2026-27 Adopted Budget, are approved as the operating budget for those departments for fiscal 2026-27.

5. The appropriations limit for fiscal year 2026-2027 shall be $156,894,846 as shown in Exhibit 1.

6. Pursuant to Government Code Section 7910, no judicial action or proceeding to attack, review, set aside, void, or annual the action in establishing the appropriations limit for fiscal year 2026-2027 shall be brought unless such action or proceeding shall have been commenced within forty-five (45) days of the date of adoption of this Resolution.

7. Any unused non-salary and benefits-related appropriations at the end of fiscal 2025-2026 may be re-appropriated for continued use in fiscal year 2026-27 subject to the approval of the City Manager/Executive Director. Furthermore, any outstanding contract and/or purchase order obligations (or encumbrances), or City Council approved projects using one-time funds remaining at the end of FY 2025- 2026 are subject to carry-over into FY 2026-27.

8. Subject to any grant restrictions, unspent appropriations that are authorized and funded by grant revenues from prior fiscal year will automatically be carried over to current year’s budgets. Unspent City/Authority funded grant appropriations from prior fiscal year will automatically be carried over to the current year’s budgets.

9. As part of year-end closing of the budget, previously appropriated capital project funds will be automatically carried forward to the next fiscal year for the same capital project until the project is closed out.

10. No office, department, or agency shall expend any amount or incur any liability or enter into any contract, which by its terms involves expenditures of money for any purpose in excess of the amounts appropriated for the particular departments, and funds set forth herein.

11. The City Manager/Executive Director may authorize, when in his or her judgment such action is consistent with the purposes and intent of the 2026-2027 Adopted Budget as approved, budget revisions subject to the following conditions:

Prior Approval Not Required. Prior approval of the City Council and/or Authority is not required under the following circumstances:
i. When revisions involve transfers from the Unanticipated Expenditure Reserve less than or equal to the aggregate amount adopted within the budget in any one fiscal year ($600,000 in FY 2026- 27), provided that the Council/Authority is notified in writing of the revision, giving the reason, the amount of the revision and the year-to-date total amount of revisions as part of the quarterly financial reports.
ii. When revisions involve transfers from the appropriated leave cash-out account less than or equal to the aggregate amount adopted within the budget in any one fiscal year ($650,000 in FY 2026- 27) to the various departments for cash-outs when employees leave City/Authority service.

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3 Resolution No. xxxx
iii. When revisions involve transfers, or reallocations, within any one fund among the various departments or projects, provided that the amount of transfer in any single instance does not exceed $100,000.
iv. When revisions involve reasonable deviation from the budgeted personnel allocation schedule, provided that at no time the number of permanent funded positions authorized by the City Council/Authority is exceeded.
v. When revisions involve hiring full-time employees in overstrength positions for no more than one year as long as appropriations are not exceeded to ensure adequate staffing levels for sworn positions, facilitate training of new employees by the outgoing incumbent or respond to urgent staffing needs.
vi. When revisions involve adding/deleting positions or moving positions between departments to respond to organizational needs, as long as the number of permanent funded positions and the approved personnel cost appropriations remain the same. vii. When revisions involve allocating, redistributing and/or appropriating monies between department and non-department divisions so as to reflect budgetary savings in one or more departments.
viii. For Police goods and services to be purchased from Asset Seizure funds, the City Manager/Executive Director or his/her designee, has the authority to purchase such goods or services if the expenditures of such goods and services do not exceed the amount designated from Asset Seizure funds as approved by the City Council/Authority during the Budget hearing. ix. To use judgment to modify citywide administrative financial policies and procedures from time to time that are consistent with municipal government best practices unless those policies would otherwise be in conflict with the budget provisions incorporated in this Resolution or the City’s Municipal Code.
x. Exhibit 2 lists contracts and payments that are specifically identified in the budget document and materials enclosed herein. None of these contracts require a formal, public bidding process. The list of contracts and payments is hereby approved and the City Manager/Executive Director is authorized to execute and enter into these contracts and make these payments during fiscal year 2026-27 up to the amounts listed by contract or payment in Exhibit 2.

12. Prior Approval Required. Prior approval of the City Council and/or Authority is required for revisions to the 2026-2027 Final Budget as adopted if any of the following are involved:
i. An increase in overall appropriation level within any one Fund. ii. The transfers or reallocation of appropriations greater than $100,000 between different Funds, except not for reallocations between subfunds within one Fund. iii. Changes providing for increases or decreases in funded permanent personnel counts in the adopted Budget.
iv. Contract change orders which would cause the aggregate contract amount to exceed $100,000 and/or exceed prior approved appropriation levels for the subject contract. v. Transfers from Unanticipated Expenditure Reserve, which would cause the aggregate amount of $600,000 during fiscal year 2026-27, to be exceeded.
vi. Result in changes not consistent with the purpose and intent of the Budget as adopted. vii. Require an appropriation action from any unassigned fund balances or reserves.

13. Information establishing the current budget situation and steps to be taken to present balanced City Budgets have been presented during the public hearing on this meeting June 2, 2026, and in prior budget presentations.

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4 Resolution No. xxxx

14. The approval of the 2026-27 Adopted Budget, including the authority to enter into any contract, make payments, or undertake other actions, does not commit the City to any action that may have significant effect on the environment. This is because the actions are financial or administrative and do not directly impact the environment or the environmental impacts of any action would be speculative to analyze at this time. As a result, there is no potential impact on the environment from this action per Section 15061(b) (3) of the California Environmental Quality Act (“CEQA”) Guidelines and this action does not constitute a project under CEQA per CEQA Guidelines Section 15378(b)(4). Although the budget does authorize certain types of contracts to be entered into, none are anticipated to have any environmental impact at the time of entering into the contract, and if ultimately leading to a project that could impact the environment, the impacts of that action will be analyzed once the project is designed and the analysis is no longer speculative.

PASSED AND ADOPTED this ______ day of _________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

____________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor/Chair

APPROVED AS TO FORM:

____________________________
Christian Curtis, City Attorney/General Counsel

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Resolutions

Exhibit 1
Gann Appropriations Limit Analysis
Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Appropriations Limit, was approved by California voters in November 1979 and placed limits on the amount of proceeds of taxes that state and local governmental agencies can receive and spend each year. If an agency receives more revenue than the Appropriations Limit, the excess revenue must be returned to the taxpayers through a tax reduction or refund within the next two years. Alternatively, the agency can increase its Appropriations Limit through voters' approval.

Each year's limit is based on the amount of tax proceeds that were authorized to be spent in Fiscal Year (FY) 1978-79 in each agency, modified for changes in inflation and population in each subsequent year. The City Council must adopt, by resolution, an Appropriations Limit for the following year. Using the population and per capita personal income change factors provided by the State of California, the City's Appropriations Limit for FY 2026-27 has been computed to be $156,894,846. Appropriations subject to the limitation in FY2026-27 budget total $110,279,526 that is $46,615,320 less than the computed limit.

The following chart shows the annual Appropriations Limit and the tax proceeds received since FY 2017-18.

The amounts for Tax Proceeds have been restated to exclude Franchise Fees, which were inadvertently included in the past, which is inconsistent with the law. The City has not exceeded its annual Appropriations Limit in any single fiscal year. The City has been under 80% of the limitation and should not be impacted by the Appropriations Limit.

Limit Tax
Proceeds
*In prior years, Franchise Fees were inadvertently included in the calculation of the tax proceeds, which is inconsistent with the law. This chart has been corrected to show only tax proceeds subject to the limit.

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Resolutions

City of Milpitas 1

Exhibit 2
Approval of FY 2026-2027
Budget Contracts/Payments over $100,000

1. FY 2026-27 Operating Budget
Department
Name
Contractor Name
(If known) or
Type of Contract
Description of Contract/Payment Estimated
Amount Funds
City Attorney Meyers Nave Outside Legal Services $280,000 • General Fund Finance PLAN JPA Attorney Fees for Claims/Lawsuits $270,000 • General Fund
• Water Fund
• Sewer Fund

Finance PLAN JPA Liability Insurance $3,871,159
• General Fund
• Water Fund
• Sewer Fund
• Housing Authority
Fund
• Equipment Fund
Finance PG&E Utility - Electric $2,525,565
• General Fund
• Water Fund
• Sewer Fund
Finance Integrys Utility - Electric $500,000
• General Fund
• Water Fund
• Sewer Fund
Finance Chandler Investment Portfolio Management $175,000 • General Fund Finance ABAG Power Utility - Gas $321,300
• General Fund
• Water Fund
• Sewer Fund
Finance Brown & Brown Excess Workers' Compensation
Insurance $325,000 • General Fund
Finance Cayenta Annual Support and Maintenance $318,000 • General Fund
• Water Fund
• Sewer Fund
• Utility Subsidy Fund
Fire LN Curtis Personal Protective Equipment $100,000 • General Fund

Fire LN Curtis Miscellaneous Firefighting Equipment
and Supplies $180,000 • General Fund

Housing HouseKeys BMR Homeownership Program
Administrator $200,000 • Housing Authority
Fund
Human
Resources Sedgwick Third Party Administrator for Worker’s Compensation $152,162 • General Fund

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2 City of Milpitas

Department
Name
Contractor Name
(If known) or
Type of Contract
Description of Contract/Payment Estimated
Amount Funds
Human
Resources
Liebert Cassidy
Whitmore
Labor and Employee Relations Outside
Counsel (MOU negotiations) $175,000 • General Fund
Information
Technology
SHI International
Corp Microsoft Office 365 Licensing $199,888 • General Fund Information
Technology
Central Square
Technologies VisiCAD Software Maintenance $160,000 • General Fund Information
Technology Mark43 Police Records Management System $162,476 • General Fund Planning RideCo MilpitaSmart $2,766,114 • General Fund
Planning (Code
Enforcement) City of San Jose San Jose Animal Services Contract $736,642 • General Fund Police County of Santa
Clara
Crime Lab Major Case Evidence
Examination $195,000 • General Fund
Police
Silicon Valley
Regional
Interoperability
Authority
Silicon Valley Regional
Communications Systems (SVRCS) -
Annual Operations and Maintenance
for Digital Radio System
$137,317 • General Fund
Police County of Santa
Clara Cal-ID Fingerprinting Program $240,405 • General Fund Police All City Management
Services. Crossing Guard Services $945,035 • General Fund Police Axon Enterprise, Inc. Police Body Worn Cameras / Tasers / Cloud Storage $211,063 • General Fund
Police Flock Safety ALPR Cameras $159,000 • State Grant Police Police/Public
Works Vehicle Purchases* Purchase of (4) replacement and vehicles $281,416 • Equipment
Replacement Fund
Public Works SFPUC Wholesale Water Purchase $18,373,234 • Water Fund Public Works City of San Jose** O&M for Treatment Plant $9,969,598 • Sewer Fund Public Works Valley Water Wholesale Water Purchase $9,3692,629 • Water Fund Public Works City of San Jose Recycled Water Purchase $3,100,888 • Water Fund Public Works Equipment/Vehicle
Purchases*
Purchase of new and replacement
equipment and vehicles for aging
Public Works fleet
$2,003,059
• General Fund Water
Fund Sewer Fund
Equipment Fund

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City of Milpitas 3

Department
Name
Contractor Name
(If known) or
Type of Contract
Description of Contract/Payment Estimated
Amount Funds
Public Works Merrimac Petroleum
Inc. Diesel & Unleaded Fuel $575,620 • Equipment
Replacement Fund
Public Works
Imperial
Maintenance
Services Inc.

Janitorial Services $388,800 • General Fund
Public Works
Bay Area Water
Supply and
Conservation
Agency (BAWSCA)
BAWSCA Membership $228,709 • Water Fund
Public Works Enterprise FM Trust Fleet Lease Agreement $168,000 • General Fund Public Works City of Sunnyvale Santa Clara Valley Urban Runoff Pollution Prevention Program $170,000 • General Fund
Public Works Environmental
Systems Inc HVAC Maintenance $100,000 • General Fund
Public Works West Coast Arborist Tree Maintenance Services $480,000 • General Fund/CFD Public Works Five M, LLC Minnis Circle Lease Agreement $131,040 • General Fund
• Water Fund
• Sewer Fund
Recreation County of Santa
Clara "SNP" Senior Nutrition Program $103,488 • GT1007-GTMAT Recreation Moonchef, LLC
Multi-year agreement for Senior
Nutrition Program Meals. Amending a
three-year contract for a 4th year.
$236,670 • GT1007-GTMAT
Recreation Fireworks and Stage
FX America
Pyrotechnics for the annual 4th of July
and Lunar New Year Fireworks shows. $140,510 • General Fund City-wide Staples Business
Advantage City-wide Departmental Supplies $150,000 • General Fund

* Includes 15% contingency. Budget amounts were estimates and actual costs may be higher. **This is an estimated provided by the City of San Jose in March. Actual budget for O&M and CIP are not available yet. ***New agreement for park and landscape services will not be awarded until August.

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4 City of Milpitas

2. FY 2026-27 Capital Improvement Program (CIP) Budget
Department
Name
CIP Project No.
& Name
Description of
Contract
Estimated
Amount Funds
Community
Improvement
CIP 3503 - Historic
Resource Master
Plan Update
Historic Resources Master Plan Update $200,000 • General Gov. CIP Fund
Street
Improvement
CIP 3504 – Milpitas
Gateway-Main St.

Impact Fee Study
and Sense of Place
Plan
Main Street Sense of Place Plan $600,000
• Planning Grant
Program through
Metropolitan
Transportation
Commission (MTC)
Water
Improvement
CIP 7110 - Hydrant
Replacement
Program
Purchase and replacement of hydrants
and valves to meet the annual
replacement goal.
$200,000 • Water Line
Extension Fund
Community
Improvement
CIP 3422 & 3485 -
Community Center
Roof Renovation
Amendment No.1 to the Design Service
Agreement with AETYPIC to provide
design services for the replacement of
the roof including mechanical
equipment at Milpitas Community
Center.
$500,000 • General Gov. CIP
Fund
Community
Improvement
CIP 3470 - City Hall
Fountain &
Landscape
Renovation
New Design Services Agreement to
obtain a consultant to provide
mastering planning services for the
renovation of the landscape and pond
area at City Hall.
$200,000 • General Gov. CIP
Fund
Community
Improvement
CIP 3494 - City Hall
Air Handlers
Replacement
New Design Services Agreement to
obtain a consultant to provide design
services and construction support for
the replacement of the air handlers at
City Hall.
$600,000 • General Gov. CIP
Fund
Community
Improvement
CIP 3716 - City
Parking Lot
Rehabilitation
Program
New Design Services Agreement to
obtain a consultant to provide design
services and construction support for
the expansion of parking lot at Public
Works building.
$200,000 • General Gov. CIP
Fund
Park
Improvement
CIP 2023 - Metro
Tango Subdistrict
Park
Amendment No.2 to the Design Service
Agreement with Callander Associates
Landscape Architecture to provide
construction support for the
construction of the new Tango Park.
$300,000 • TASP Impact Fees

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Resolutions

City of Milpitas 5

Department
Name
CIP Project No.
& Name
Description of
Contract
Estimated
Amount Funds
Park
Improvement
CIP 3491 - Cardoza
Park/Dixon Landing
Park Softball
Improvement
Feasibility
Amendment No.1 to the Design Service
Agreement with Gates & Associates to
provide additional planning services to
accommodate the softball league at
Dixon Landing Park.
$250,000
• General Gov. CIP
Fund
• Park Fund
Park
Improvement
CIP 3505 - MSC
Bleacher
Replacement and
ADA Replacement
Amendment No.1 to the Design Service
Agreement with Verde Design, Inc. to
provide construction support for the
replacement of bleachers at the Sport
Center football field.
$100,000 • Park Fund
Park
Improvement
CIP 5117 - Delano
Manongs Soccer
Field Turf
Replacement
New Design Services Agreement to
obtain a consultant to provide design
services and construction support for
the replacement of natural grass with
artificial turf at Delano Manongs Park.
$300,000 • TASP Impact Fees
Street
Improvement
CIP 2016 - S.

Milpitas Blvd. Road
Extension
New Design/Professional Services
Agreement to obtain a consultant to
provide environmental oversight related
to the deed restriction and conditions
imposed by Regional Water Board for
the construction of the road extension.
$300,000 • TASP Impact Fee
Street
Improvement
CIP 2016 - S.

Milpitas Blvd. Road
Extension
Amendment No.1 to the Design Service
Agreement with Bill Gould Architectural
Corporation Dba Artik to provide
construction support and 3rd party
inspection for the installation of
architectural enhancement along the
rail of the vehicular bridge.
$150,000 • TASP Impact Fee
Sewer
Improvement
CIP 6118 – City of
San Jose - SC
Regional
Wastewater Facility
City of Milpitas cost share amount with
City of San Jose for rehab
improvements to RWF
$8,166,964 • Sewer Infrastructure
Fund
Storm Drain
Improvement
CIP 3726- Citywide
Green Stormwater
Infrastructure
Improvement
New Design Service Agreement to
obtain a consultant to provide planning
and design services for green
stormwater infrastructure improvements
to meet Municipal Regional Stormwater
Permit 3.0.
$200,000 • Storm Drain General
Fund
Street
Improvement
CIP 4309 - Street
Resurfacing Project
2028
New Design Services Agreement to
obtain a consultant to provide design
services and construction support for
the Project.
$500,000 • Gas Tax Fund

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Resolutions

6 City of Milpitas

Department
Name
CIP Project No.
& Name
Description of
Contract
Estimated
Amount Funds
Street
Improvement
CIP 4312 - SS4A
Improvement Project
New Design Services Agreement to
obtain a consultant to provide update to
the City's Safe Routes to School Plan,
and design services and construction
support for the safety improvements
along established routes to schools.
$500,000
• Gas Tax Fund
• General
Government CIP
Fund
• Grant
Sewer
Improvement
CIP 6124 - Sewer
Pump Station
Rehabilitation
Program
Amendment No. 1 to the Design
Services Agreement with Wilsey Ham
to provide construction support for the
replacement of the flow meters at the
Main Lift Station.
$100,000 • Sewer Infrastructure
Fund
Sewer
Improvement
CIP 6135 - Sanitary
Sewer CCTV
Inspections &
Improvements
New Professional Service Agreement
to obtain a vendor to provide closed-
circuit televisions inspections of
medium to extreme risk of 24" or
greater sewer pipelines, as
recommended per the adopted 2021
Sewer Master Plan.
$400,000 • Sewer Infrastructure
Fund
Sewer
Improvement
CIP 6139 - Sanitary
Sewer Pipeline
Improvement -
Phase 2
New Design Service Agreement to
obtain a consultant to provide design
services and construction supports for
the Project; and planning services for
Sanitary Sewer Pipeline Improvement -
Phase 3, as identified in the adopted
Sewer Master Plan.
$260,000 • Sewer Infrastructure
Fund
Water
Improvement
CIP 2002, 2009,
2020 - SCVWD
Reservoir, Pump
Station & Turnout
Project
New Design Service Agreement to
obtain a consultant to provide a
feasibility study to locate a reservoir,
pump station, turnout, and pressure
reducing valve in Valley Water zone
within the Metro and Gateway specific
plan according to the adopted Water
Master Plan.
$350,000 • TASP Impact Fee
Water
Improvement
CIP 7133 – Minor
Water Projects
Amendment No. 4 to the Design
Services Agreement with MNS
Engineers, Inc. to provide additional
construction support for the Project.
$100,000 • Water Capital
Surcharge
Sewer, Storm,
Water
Improvements
CIP 3715, 6124,
7133 & 7141 - VFD
Replacement Project
New Design Service Agreement to
obtain a consultant to conduct an
assessment and provide design
services for replacement or upgrades of
the VDFs and associated components
at Main Lift Station, Bellew, Gibraltar,
and SFWD Zone 2A Pump Stations.
$500,000
• Water Capital
Surcharge
• Sewer Infrastructure
Fund
• Storm Drain General
Fund

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Resolutions

City of Milpitas 7

Department
Name
CIP Project No.
& Name
Description of
Contract
Estimated
Amount Funds
Water
Improvement
CIP 7143 - Risk and
Resiliency
Improvements
New Design Service Agreement to
obtain a consultant to conduct
assessments to improve security at the
City's water facilities, as identified in the
adopted Water Master Plan and AWIA
Plan.
$135,000 • Water Capital
Surcharge
Water
Improvement
CIP 7144 - Pipeline
& Facility Condition
Assessment
New Design Service Agreement to
obtain a consultant to conduct
assessments of the City's pipeline and
facilities, as identified in the adopted
Water Master Plan. Improvement
Phase 2 and 3.
$250,000 • Water Capital
Surcharge
Water
Improvement
CIP 7146 - Fire Flow
Interconnection
Improvements
New Design Service Agreement to
obtain a consultant to provide planning
and design services for Project, as
identified in the adopted Water Master
Plan.
$175,000 • Water Capital
Surcharge
Water
Improvement
CIP 7148 - PRV
Station Improvement
Project
New Design Service Agreement to
obtain a consultant to conduct an
assessment and provide planning and
design services for improvements of
the PRV stations at California Circle,
McCarthy, and Junipero.
$415,000
• Water Capital
Surcharge

Water
Improvement
CIP 7151 Fire Flow
Pipeline
Improvement -
Phase 2
New Design Service Agreement to
obtain a consultant to provide design
services and construction support for
the Project and planning services for
Fire Flow Pipeline Improvement -
Phase 3, as identified in the adopted
Water Master Plan.
$240,000 • Water Capital
Surcharge
Water
Improvement
Curtis Recycle
Water Main Repair
New Design Service Agreement to
obtain a consultant to provide design
services and construction support for
the repair of the recycle water main at
Curtis Ave.
$200,000
• Reimbursement
from San Jose as
part of South Bay
Recycle Water
Program

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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO AUTHORIZE

ADDITIONAL POSITIONS, AND AMEND BUDGETED ALLOCATED POSITIONS WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; WHEREAS, the annual budget process necessitates changes in position authorizations that result from modifications made to the Classification Plan.

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

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

2. Resolution No. 1626, as amended, is hereby further amended effective July 1, 2026 as set forth below. If any of the below-mentioned groups or classifications receive a cost-of-living adjustment separate from the adoption of the 2026-27 budget, that same percentage amount and effective date will be applied accordingly pursuant to the applicable bargaining unit agreement(s) for the below-listed classification salary ranges by further Resolution.

A. AUTHORIZE THE FOLLOWING POSITIONS:

Add One (1) FTE Asset Management Program Administrator* Add One (1) Purchasing Manager*
Add One (1) FTE Assistant Engineer
*Classification Specification and Salary Range to be brought forward at an August 2026 Council meeting.

B. DELETE/DEFUND THE FOLLOWING BUDGETED ALLOCATION POSITIONS:

Delete One (1) FTE SCADA Instrument Control Technician
Delete One (1) FTE Senior Special Projects Associate
Delete One (1) Purchasing Agent
Delete One (1) FTE Engineering Aide

PASSED AND ADOPTED this ______ day of _________, 2026, by the following vote:

AYES: (0)

NOES: (0) None.

ABSENT: (0) None.

ABSTAIN (0) None.

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2 Resolution No. xxxx
ATTEST: APPROVED:

_______________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

____________________________
Christian Curtis, City Attorney

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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING RESOLUTION NO. 1626, THE CLASSIFICATION PLAN, TO ADJUST HOURLY RATE RANGES FOR CLASSIFICATIONS DUE TO A MINIMUM WAGE INCREASE PURSUANT TO ORDINANCE NO. 292 WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, salary increases granted to temporary classifications pursuant to changes in Resolution No. 6598, the Resolution providing compensation for unrepresented part-time temporary employees, have been incorporated into Resolution No. 1626, the Classification Plan.

WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; and WHEREAS, the City of Milpitas local minimum wage ordinance, Ordinance No. 292, established the minimum wage hourly rate effective July 1, 2025 as $18.20 per hour; and WHEREAS, the City of Milpitas updated its minimum wage ordinance effective July 1, 2026; and WHEREAS, the City must update its hourly rate for certain classifications currently below the $18.50 hourly rate in conformance with Ordinance No. 292.

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

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.

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

2. The table below contains hourly wage adjustments for classifications that are currently below the minimum wage of $18.50 per hour.

3. Resolution No. 1626, as amended, is hereby further amended to adjust the hourly rate ranges for the below listed classifications effective July 1, 2026, as follows:

From To
Title Step A Top Step Step A Top Step
Lifeguard $18.20 $25.36 $18.50 $25.77 Recreation Administrative Asst $18.20 $25.36 $18.50 $25.77 Recreation Attendant $18.20 $25.36 $18.50 $25.77 Recreation Leader $18.20 $25.36 $18.50 $25.77 Staff Assistant $18.20 $28.16 $18.50 $28.57 Student Intern $18.20 $30.00 $18.50 $30.00

4. These adjusted hourly rate ranges will be included in the All Job Classifications/Salary Table attached to the June 2, 2026 Resolution of the City Council of the City of Milpitas amending Resolution No. 1626, the Classification Plan, to Adjust the Salary Schedules for all IAFF and Fire Unrepresented Classifications.

PASSED AND ADOPTED this ______ day of _________, 2026, by the following vote:

AYES:

Page 284 of 291 ends

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

___________________________
Christian Curtis, City Attorney

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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE

CLASSIFICATION PLAN TO AMEND THE SALARY SCHEDULES FOR VARIOUS CLASSIFICATIONS TO ALIGN WITH THE CURRENT MEMORANDUMS OF UNDERSTANDING (MOUs) WHEREAS, the City of Milpitas has a Classification Plan adopted as Resolution No. 1626 on December 17, 1968, which has been amended from time to time, and which is in accordance with the Personnel Rules and Regulations of the City of Milpitas (Resolution No. 792 as amended); and
WHEREAS, amendments to the Classification Plan are necessary to account for changes within the organization, transfer of duties, new job responsibilities, and adjustments to salary ranges; WHEREAS, the annual budget process necessitates changes in position authorizations that result from modifications made to the Classification Plan.

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

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.

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

2. Resolution No. 1626, as amended, is hereby further amended effective June 2, 2026, as follows:

The City Council hereby adopts the salary schedule attached hereto as Exhibit A (“All Job Classifications/Salary Table Effective July 1, 2026”), which includes updated salary ranges for the following classifications:

a. All classifications represented by International Association of Firefighters Local 1699 (IAFF) in accordance with the following Memorandums of Understanding (MOUs):
• International Association of Firefighters Local 1699 MOU dated July 1, 2024 – June 30, 2027

b. All classifications included in the Unrepresented Fire group, in accordance with the following:
• Unrepresented Fire Employees Salary increase of four percent (4%) to align with the International Association of Firefighters Local 1699 (IAFF) per Council action on March 4, 2025.

PASSED AND ADOPTED this ______ day of _________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________ ______________________

Page 286 of 291 ends

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

___________________________
Christian Curtis, City Attorney

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5/27/2026 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - IAFF 4% / Min Wage Adj

Page 1 of 4 ends

Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 53.36 4,268.94 110,992.44 56.03 4,482.35 116,541.10 58.82 4,705.56 122,344.56 61.77 4,941.94 128,490.44 64.85 5,188.14 134,891.64 Accounting Technician I 50 6104 513 34.75 2,780.15 72,283.90 36.49 2,919.18 75,898.68 38.31 3,065.15 79,693.90 40.23 3,218.40 83,678.40 42.24 3,379.33 87,862.58 Accounting Technician II 50 6105 514 38.23 3,058.15 79,511.90 40.14 3,211.11 83,488.86 42.15 3,371.65 87,662.90 44.25 3,540.27 92,047.02 46.47 3,717.21 96,647.46 Administrative Analyst I 80 2102 801 45.45 3,635.80 94,530.80 - - - - - - - - - 59.83 4,786.31 124,444.06 Administrative Analyst II 80 2103 802 50.19 4,015.32 104,398.32 - - - - - - - - - 66.06 5,285.08 137,412.08 Administrative Assistant 80 6111 828 43.36 3,468.65 90,184.90 45.53 3,642.08 94,694.08 47.80 3,824.21 99,429.46 50.19 4,015.39 104,400.14 52.70 4,216.15 109,619.90 Assistant Chief of Police 60 1405 649 121.47 9,717.91 252,665.66 - - - - - - - - - 170.06 13,605.06 353,731.56 Assistant City Attorney 60 1113 645 83.24 6,659.20 173,139.20 - - - - - - - - - 112.68 9,014.30 234,371.80 Assistant City Manager 60 1104 666 104.45 8,356.01 217,256.26 - - - - - - - - - 146.23 11,698.42 304,158.92 Assistant Dir Recr & Comm Svcs 60 1121 659 71.28 5,702.03 148,252.78 - - - - - - - - - 99.79 7,982.84 207,553.84 Assistant Engineer 50 2201 502 57.82 4,625.32 120,258.32 60.71 4,856.57 126,270.82 63.74 5,099.39 132,584.14 66.93 5,354.39 139,214.14 70.28 5,622.14 146,175.64 Assistant Finance Director 60 1109 669 75.17 6,013.41 156,348.66 - - - - - - - - - 105.24 8,418.97 218,893.22 Assistant Fire Marshal 60 2501 632 96.77 7,741.54 201,280.08 - - - - - - - - - 135.48 10,838.16 281,792.22 Assistant Planner 50 2801 503 55.44 4,435.07 115,311.82 58.21 4,656.94 121,080.44 61.11 4,888.95 127,112.70 64.17 5,133.33 133,466.58 67.38 5,390.10 140,142.60 Assistant Pool Manager 70 5609 709 22.66 1,812.80 47,132.80 - - - - - - - - - 31.57 2,525.60 65,665.60 Assistant Water Operator 20 7212 221 47.55 3,566.14 92,719.64 49.93 3,744.46 97,355.96 52.42 3,931.67 102,223.42 55.04 4,128.24 107,334.24 57.80 4,334.68 112,701.68 Assistant Water Operator - 40 20 8611 226 47.83 3,826.17 99,480.42 50.22 4,017.68 104,459.68 52.73 4,218.74 109,687.24 55.38 4,430.52 115,193.52 58.15 4,651.95 120,950.70 Associate Civil Engineer 50 2202 504 66.49 5,319.09 138,296.34 69.81 5,585.07 145,211.82 73.30 5,864.34 152,472.84 76.97 6,157.56 160,096.56 80.82 6,465.45 168,101.70 Associate Planner 50 2802 505 63.74 5,099.52 132,587.52 66.94 5,355.19 139,234.94 70.29 5,623.22 146,203.72 73.80 5,903.65 153,494.90 77.48 6,198.73 161,166.98 Budget Manager 80 1115 839 66.25 5,299.89 137,797.14 - - - - - - - - - 87.20 6,976.19 181,380.94 Building Inspection Manager 80 3809 848 69.02 5,521.25 143,552.50 - - - - - - - - - 83.89 6,711.16 174,490.16 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 79.91 6,392.43 166,203.18 - - - - - - - - - 111.87 8,949.40 232,684.40 Building Permit Technician 50 5801 508 42.33 3,386.76 88,055.76 44.46 3,556.47 92,468.22 46.69 3,734.89 97,107.14 49.01 3,920.93 101,944.18 51.46 4,116.78 107,036.28 Building/NP Inspector 50 3801 507 56.11 4,488.96 116,712.96 58.92 4,713.46 122,549.96 61.86 4,949.08 128,676.08 64.96 5,196.56 135,110.56 68.20 5,456.35 141,865.10 Business Systems Analyst/Dev 80 2119 853 60.58 4,846.79 126,016.54 - - - - - - - - - 79.75 6,379.85 165,876.10 Buyer 80 2106 803 45.04 3,602.84 93,673.84 - - - - - - - - - 59.28 4,742.46 123,303.96 Case Manager 50 5612 544 37.93 3,034.56 78,898.56 - - - - - - - - - 47.34 3,787.06 98,463.56 Chief Fire Enforcement Officer 60 1505 656 79.69 6,374.90 165,747.36 - - - - - - - - - 111.56 8,924.86 232,046.46 Chief of Police 60 1402 650 127.54 10,203.49 265,290.74 - - - - - - - - - 178.56 14,284.93 371,408.18 City Attorney 60 1112 644 163.46 13,076.92 339,999.92 - - - - - - - - - 192.31 15,384.62 400,000.12 City Clerk 60 1101 605 69.07 5,525.82 143,671.32 - - - - - - - - - 96.71 7,737.02 201,162.52 City Engineer 60 1201 606 80.58 6,446.07 167,597.82 - - - - - - - - - 112.81 9,024.50 234,637.00 City Manager 60 1102 697 153.85 12,308.00 320,008.00 - - - - - - - - - 192.31 15,384.80 400,004.80 Code Enforcement Officer 50 5804 515 49.06 3,925.02 102,050.52 51.52 4,121.33 107,154.58 54.10 4,328.27 112,535.02 56.81 4,544.67 118,161.42 59.65 4,771.74 124,065.24 Communications Dispatch Superv 40 6409 456 63.79 5,103.55 132,692.30 66.98 5,358.72 139,326.72 70.33 5,626.67 146,293.42 73.85 5,908.02 153,608.52 77.54 6,203.42 161,288.92 Communications Dispatcher 40 6408 455 55.24 4,418.84 114,889.84 58.00 4,639.76 120,633.76 60.90 4,871.74 126,665.24 63.94 5,115.28 132,997.28 67.14 5,371.05 139,647.30 Community Service Officer 40 6412 460 47.61 3,808.66 99,025.16 49.99 3,999.11 103,976.86 52.49 4,199.06 109,175.56 55.11 4,409.01 114,634.26 57.87 4,629.48 120,366.48 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 54.40 4,352.39 113,162.14 - - - - - - - - - 71.61 5,729.08 148,956.08 Cross Connection Specialist 20 8626 239 49.43 3,954.49 102,816.74 52.03 4,162.61 108,227.86 54.77 4,381.70 113,924.20 57.65 4,612.31 119,920.06 60.69 4,855.06 126,231.56 Customer Services Supervisor 80 2127 847 52.76 4,220.40 109,730.40 - - - - - - - - - 69.44 5,554.97 144,429.22 Deputy City Clerk 80 6102 835 51.81 4,144.42 107,754.92 - - - - - - - - - 62.97 5,037.56 130,976.56 Deputy Director of IT 60 1123 679 82.72 6,617.56 172,056.56 - - - - - - - - - 105.93 8,474.66 220,341.16 Deputy Fire Chief 60 1504 633 121.94 9,755.03 253,630.87 - - - - - - - - - 170.71 13,657.04 355,083.06 Deputy Public Works Director 60 1207 654 80.58 6,446.07 167,597.82 - - - - - - - - - 112.81 9,024.50 234,637.00 Digital Media Specialist 80 2121 840 46.87 3,749.30 97,481.80 - - - - - - - - - 61.69 4,935.22 128,315.72 Dir of Recr & Community Svcs 60 1208 655 88.96 7,116.82 185,037.32 - - - - - - - - - 124.79 9,982.96 259,556.96 Econ Dev Dir & Strat Init 60 1206 653 88.96 7,116.82 185,037.32 - - - - - - - - - 124.79 9,982.96 259,556.96 Economic Development Coord 80 8623 852 57.17 4,573.41 118,908.66 - - - - - - - - - 70.89 5,670.98 147,445.48 Economic Development Spec 80 8606 850 54.44 4,355.25 113,236.50 - - - - - - - - - 65.72 5,257.23 136,687.98 Electrical/Building Inspector 50 3802 511 58.92 4,713.45 122,549.70 61.86 4,949.08 128,676.08 64.96 5,196.55 135,110.30 68.20 5,456.35 141,865.10 71.61 5,729.19 148,958.94 Emergency Services Coordinator 80 2502 836 60.15 4,811.86 125,108.36 - - - - - - - - - 79.16 6,333.04 164,659.04 Engineering Aide 50 3201 512 45.98 3,678.31 95,636.06 48.28 3,862.23 100,417.98 50.69 4,055.33 105,438.58 53.23 4,258.07 110,709.82 55.89 4,470.97 116,245.22 Engineering Permit Technician 50 2210 540 41.39 3,311.12 86,089.12 43.46 3,476.68 90,393.68 45.63 3,650.50 94,913.00 47.91 3,832.98 99,657.48 50.31 4,024.66 104,641.16 Entry Firefighter/EMT - 40 10 4512 115 60.69 4,855.31 126,238.13 63.73 5,098.09 132,550.35 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 43.35 4,855.31 126,238.13 45.52 5,098.09 132,550.35 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 67.97 5,437.96 141,387.02 71.37 5,709.86 148,456.36 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 48.55 5,437.96 141,387.02 50.98 5,709.86 148,456.36 - - - - - - - - - Envir & Regulatory Comply Spec 80 8624 851 58.10 4,648.22 120,853.72 - - - - - - - - - 76.48 6,118.40 159,078.40 Environmental Inspector 50 2213 553 58.92 4,713.45 122,549.70 61.86 4,949.11 128,676.86 64.96 5,196.57 135,110.82 68.20 5,456.38 141,865.88 71.61 5,729.19 148,958.94 Equip Maint Worker I - 40 20 8612 227 43.50 3,479.61 90,469.86 45.65 3,651.83 94,947.58 47.93 3,834.76 99,703.76 50.34 4,027.27 104,709.02 52.85 4,228.37 109,937.62 Equip Maint Worker II - 40 20 8613 228 47.83 3,826.17 99,480.42 50.22 4,017.68 104,459.68 52.73 4,218.74 109,687.24 55.38 4,430.52 115,193.52 58.15 4,651.95 120,950.70 Equip Maint Worker III - 40 20 8614 229 53.88 4,310.74 112,079.24 56.59 4,526.81 117,697.06 59.42 4,753.59 123,593.34 62.39 4,991.05 129,767.30 65.52 5,241.35 136,275.10

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5/27/2026 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - IAFF 4% / Min Wage Adj

Page 2 of 4 ends

Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Equipment Maint. Worker I 20 7202 200 43.23 3,241.94 84,290.44 45.39 3,404.04 88,505.04 47.66 3,574.29 92,931.54 50.04 3,752.98 97,577.48 52.54 3,940.63 102,456.38 Equipment Maint. Worker II 20 7203 201 47.55 3,566.14 92,719.64 49.93 3,744.46 97,355.96 52.42 3,931.67 102,223.42 55.04 4,128.24 107,334.24 57.80 4,334.68 112,701.68 Equipment Maint. Worker III 20 7204 202 53.57 4,018.08 104,470.08 56.25 4,218.91 109,691.66 59.07 4,429.90 115,177.40 62.02 4,651.39 120,936.14 65.12 4,883.97 126,983.22 Executive Assistant 80 6117 812 47.69 3,814.97 99,189.22 50.07 4,005.75 104,149.50 52.58 4,206.03 109,356.78 55.20 4,416.32 114,824.32 57.96 4,637.14 120,565.64 FF/Paramedic Trainee - 40 10 4504 107 64.74 5,179.00 134,654.06 64.74 5,179.00 134,654.06 64.74 5,179.00 134,654.06 64.74 5,179.00 134,654.06 64.74 5,179.00 134,654.06 FF/Paramedic Trainee - 56 10 4514 155 46.24 5,179.00 134,654.06 46.24 5,179.00 134,654.06 46.24 5,179.00 134,654.06 46.24 5,179.00 134,654.06 46.24 5,179.00 134,654.06 Finance Director 60 1103 627 91.24 7,298.86 189,770.36 - - - - - - - - - 127.72 10,217.58 265,657.08 Finance Manager 60 1116 647 64.39 5,151.22 133,931.72 - - - - - - - - - 90.15 7,211.73 187,504.98 Financial Analyst I 80 2125 844 42.44 3,394.83 88,265.58 - - - - - - - - - 55.86 4,468.60 116,183.60 Financial Analyst II 80 2126 845 46.87 3,749.30 97,481.80 - - - - - - - - - 61.69 4,935.22 128,315.72 Fire Battalion Chief 10 2508 153 64.94 7,273.65 189,114.79 - - - - - - - - - 90.92 10,183.11 264,760.81 Fire Battalion Chief - 40 10 2509 154 90.92 7,273.65 189,114.79 - - - - - - - - - 127.29 10,183.11 264,760.81 Fire Captain 10 2504 100 56.84 6,365.69 165,508.05 59.68 6,683.98 173,783.38 62.66 7,018.19 182,472.95 65.80 7,369.11 191,596.79 69.09 7,737.57 201,176.79 Fire Captain - 40 10 2507 108 79.57 6,365.69 165,508.05 83.55 6,683.98 173,783.38 87.73 7,018.19 182,472.95 92.11 7,369.11 191,596.79 96.72 7,737.57 201,176.79 Fire Chief 60 1502 630 134.44 10,755.04 279,630.92 - - - - - - - - - 188.21 15,057.09 391,484.31 Fire Engineer/EMT 10 4501 102 50.12 5,613.28 145,945.16 52.62 5,893.95 153,242.71 55.26 6,188.64 160,904.76 58.02 6,498.09 168,950.25 60.92 6,822.99 177,397.81 Fire Engineer/EMT - 40 10 4515 156 70.17 5,613.28 145,945.16 73.67 5,893.95 153,242.71 77.36 6,188.64 160,904.76 81.23 6,498.09 168,950.25 85.29 6,822.99 177,397.81 Fire Engineer/Paramedic 10 4505 151 56.13 6,286.88 163,458.96 58.94 6,601.23 171,632.07 61.89 6,931.30 180,213.76 64.98 7,277.88 189,224.84 68.23 7,641.77 198,686.13 Fire Prevention Inspector 10 3501 106 80.35 6,427.78 167,122.34 84.36 6,749.18 175,478.78 88.58 7,086.65 184,252.99 93.01 7,440.98 193,465.52 97.66 7,813.04 203,139.08 Fire Protection Engineer 10 3507 110 80.35 6,427.78 167,122.34 84.36 6,749.18 175,478.78 88.58 7,086.65 184,252.99 93.01 7,440.98 193,465.52 97.66 7,813.04 203,139.08 Firefighter/EMT 10 4502 103 47.79 5,352.99 139,177.85 50.18 5,620.66 146,137.14 52.69 5,901.69 153,443.89 55.33 6,196.79 161,116.49 58.09 6,506.62 169,172.24 Firefighter/EMT - 40 10 4516 157 66.91 5,352.99 139,177.85 70.26 5,620.66 146,137.14 73.77 5,901.69 153,443.89 77.46 6,196.79 161,116.49 81.33 6,506.62 169,172.24 Firefighter/EMT Trainee - 40 10 4509 109 57.80 4,624.11 120,226.87 57.80 4,624.11 120,226.87 57.80 4,624.11 120,226.87 57.80 4,624.11 120,226.87 57.80 4,624.11 120,226.87 Firefighter/Paramedic 10 4503 104 53.53 5,995.35 155,879.11 56.21 6,295.13 163,673.39 59.02 6,609.89 171,857.05 61.97 6,940.39 180,450.09 65.07 7,287.42 189,472.80 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 41.52 3,321.69 86,363.94 43.60 3,488.16 90,692.16 45.78 3,662.30 95,219.80 48.06 3,845.18 99,974.68 50.47 4,037.94 104,986.44 Fleet Maint Worker II - 40 20 8616 231 45.67 3,653.53 94,991.78 47.96 3,836.42 99,746.92 50.35 4,028.06 104,729.56 52.87 4,229.59 109,969.34 55.51 4,440.97 115,465.22 Fleet Maint Worker III -40 20 8617 232 52.53 4,202.20 109,257.20 55.16 4,412.50 114,725.00 57.91 4,632.63 120,448.38 60.80 4,863.69 126,455.94 63.85 5,107.91 132,805.66 Fleet Maintenance Worker I 20 7207 213 41.52 3,114.09 80,966.34 43.60 3,269.77 85,014.02 45.78 3,433.28 89,265.28 48.07 3,604.88 93,726.88 50.47 3,785.15 98,413.90 Fleet Maintenance Worker II 20 7208 214 45.67 3,425.51 89,063.26 47.96 3,596.75 93,515.50 50.35 3,776.62 98,192.12 52.87 3,965.47 103,102.22 55.52 4,163.66 108,255.16 Fleet Maintenance Worker III 20 7209 215 52.52 3,939.30 102,421.80 55.15 4,136.24 107,542.24 57.91 4,343.03 112,918.78 60.80 4,560.16 118,564.16 63.84 4,788.25 124,494.50 GIS Technician 50 2212 552 57.82 4,625.32 120,258.32 60.71 4,856.57 126,270.82 63.74 5,099.43 132,585.18 66.93 5,354.37 139,213.62 70.28 5,622.16 146,176.16 Hazardous Materials Inspector 10 3502 105 80.35 6,427.78 167,122.34 84.36 6,749.18 175,478.78 88.58 7,086.65 184,252.99 93.01 7,440.98 193,465.52 97.66 7,813.04 203,139.08 Housing Official 60 1120 673 75.17 6,013.41 156,348.66 - - - - - - - - - 105.24 8,418.97 218,893.22 Human Resources Analyst I 80 2124 843 45.45 3,635.80 94,530.80 - - - - - - - - - 59.83 4,786.31 124,444.06 Human Resources Analyst II 80 2123 842 50.19 4,015.32 104,398.32 - - - - - - - - - 66.06 5,285.08 137,412.08 Human Resources Assistant 80 2108 846 32.37 2,589.95 67,338.70 33.99 2,719.35 70,703.10 35.69 2,855.32 74,238.32 37.48 2,998.11 77,950.86 39.35 3,147.98 81,847.48 Human Resources Director 60 1105 613 90.72 7,257.79 188,702.54 - - - - - - - - - 127.01 10,160.94 264,184.44 Human Resources Manager 60 1209 677 69.24 5,538.86 144,010.36 - - - - - - - - - 96.93 7,754.39 201,614.14 Human Resources Technician 80 2107 816 39.27 3,141.29 81,673.54 41.24 3,299.03 85,774.78 43.29 3,463.25 90,044.50 45.46 3,637.08 94,564.08 47.73 3,818.46 99,279.96 I T Director 60 2113 624 89.53 7,162.32 186,220.32 - - - - - - - - - 125.34 10,027.23 260,707.98 I T Manager 80 2116 819 68.42 5,473.52 142,311.52 - - - - - - - - - 90.06 7,205.16 187,334.16 I T Technician 50 3101 542 46.00 3,680.08 95,682.08 48.30 3,864.07 100,465.82 50.72 4,057.22 105,487.72 53.25 4,260.09 110,762.34 55.91 4,473.12 116,301.12 Information Technology Analyst 80 2118 831 57.56 4,604.42 119,714.92 - - - - - - - - - 75.76 6,060.77 157,580.02 Junior Engineer 50 2203 519 52.56 4,204.80 109,324.80 55.19 4,415.05 114,791.30 57.95 4,635.81 120,531.06 60.84 4,867.59 126,557.34 63.89 5,110.98 132,885.48 Junior Planner 50 2804 520 47.59 3,807.00 98,982.00 49.97 3,997.38 103,931.88 52.47 4,197.22 109,127.72 55.09 4,407.14 114,585.64 57.84 4,627.45 120,313.70 Legal Assistant 60 1124 689 42.53 3,402.58 88,467.08 44.66 3,572.71 92,890.46 46.89 3,751.36 97,535.36 49.24 3,938.91 102,411.66 51.70 4,135.84 107,531.84 Lifeguard 70 5610 710 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Maint Worker III - 40 20 8619 234 44.72 3,577.96 93,026.96 46.96 3,757.13 97,685.38 49.31 3,944.87 102,566.62 51.78 4,142.28 107,699.28 54.37 4,349.34 113,082.84 Maintenance Assistant 20 8625 238 27.27 2,181.76 56,725.76 28.56 2,285.14 59,413.64 29.90 2,392.08 62,194.08 31.32 2,505.27 65,137.02 32.79 2,622.92 68,195.92 Maintenance Custodian I 20 8101 203 31.86 2,389.34 62,122.84 33.45 2,508.81 65,229.06 35.12 2,634.28 68,491.28 36.88 2,765.99 71,915.74 38.72 2,904.29 75,511.54 Maintenance Custodian I - 40 20 8107 222 31.86 2,548.65 66,264.90 33.45 2,676.05 69,577.30 35.12 2,809.87 73,056.62 36.88 2,950.38 76,709.88 38.72 3,097.88 80,544.88 Maintenance Custodian II 20 8102 204 35.04 2,628.34 68,336.84 36.80 2,759.72 71,752.72 38.64 2,897.73 75,340.98 40.57 3,042.53 79,105.78 42.60 3,194.70 83,062.20 Maintenance Custodian II - 40 20 8108 223 35.04 2,803.56 72,892.56 36.80 2,943.67 76,535.42 38.64 3,090.90 80,363.40 40.57 3,245.39 84,380.14 42.60 3,407.71 88,600.46 Maintenance Custodian III 20 8103 205 40.30 3,022.52 78,585.52 42.32 3,173.64 82,514.64 44.43 3,332.32 86,640.32 46.65 3,498.95 90,972.70 48.99 3,673.94 95,522.44 Maintenance Custodian III - 40 20 8618 233 40.30 3,224.24 83,830.24 42.32 3,385.21 88,015.46 44.44 3,554.96 92,428.96 46.65 3,732.37 97,041.62 48.98 3,918.55 101,882.30 Maintenance Supervisor 80 6124 858 68.52 5,481.84 142,527.84 - - - - - - - - - 83.30 6,663.72 173,256.72 Maintenance Worker I 20 8202 206 35.04 2,628.34 68,336.84 36.80 2,759.72 71,752.72 38.64 2,897.73 75,340.98 40.57 3,042.61 79,107.86 42.60 3,194.70 83,062.20 Maintenance Worker I-40 20 8203 207 35.36 2,829.11 73,556.86 37.12 2,969.65 77,210.90 38.98 3,118.79 81,088.54 40.93 3,274.35 85,133.10 42.98 3,438.50 89,401.00 Maintenance Worker II 20 8204 208 38.55 2,891.14 75,169.64 40.48 3,035.68 78,927.68 42.50 3,187.43 82,873.18 44.62 3,346.83 87,017.58 46.86 3,514.17 91,368.42 Maintenance Worker II-40 20 8205 209 38.89 3,111.27 80,893.02 40.84 3,266.84 84,937.84 42.89 3,430.99 89,205.74 45.02 3,601.56 93,640.56 47.27 3,781.80 98,326.80 Maintenance Worker III 20 8206 210 44.33 3,324.76 86,443.76 46.55 3,491.01 90,766.26 48.87 3,665.56 95,304.56 51.32 3,848.84 100,069.84 53.88 4,041.31 105,074.06 Maintenance Worker/Seasonal 70 8207 760 22.43 1,794.40 46,654.40 - - - - - - - - - 31.25 2,500.00 65,000.00 Management Analyst 80 2128 854 60.25 4,820.32 125,328.32 - - - - - - - - - 84.37 6,749.94 175,498.44

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5/27/2026 CITY OF MILPITAS - HUMAN RESOURCES
All Job Classifications/Salary Table Projection - IAFF 4% / Min Wage Adj

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Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Marketing Coordinator 50 5614 548 44.67 3,573.53 92,911.78 46.90 3,752.20 97,557.20 49.25 3,939.80 102,434.80 51.71 4,136.79 107,556.54 54.30 4,343.64 112,934.64 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 30.22 2,417.61 62,857.86 31.73 2,538.47 66,000.22 33.32 2,665.41 69,300.66 34.98 2,798.64 72,764.64 36.73 2,938.58 76,403.08 Office Assistant II 50 6109 517 33.24 2,659.24 69,140.24 34.90 2,792.16 72,596.16 36.65 2,931.85 76,228.10 38.48 3,078.43 80,039.18 40.40 3,232.29 84,039.54 Office Specialist 50 6110 518 38.23 3,058.11 79,510.86 40.14 3,211.07 83,487.82 42.15 3,371.65 87,662.90 44.25 3,540.27 92,047.02 46.47 3,717.21 96,647.46 PW Division Mgr. - Eng. 60 1127 692 81.20 6,495.60 168,885.60 - - - - - - - - - 101.49 8,119.50 211,107.00 PW Division Mgr. - Opr. 60 1126 691 81.20 6,495.60 168,885.60 - - - - - - - - - 101.49 8,119.50 211,107.00 PW Division Mgr. - Utl. 60 1128 693 81.20 6,495.60 168,885.60 - - - - - - - - - 101.49 8,119.50 211,107.00 Patrol Officer 40 4401 404 60.79 4,862.99 126,437.74 63.83 5,106.14 132,759.64 67.02 5,361.41 139,396.66 70.37 5,629.49 146,366.74 73.89 5,910.93 153,684.18 Patrol Officer Trainee 40 4402 458 59.48 4,758.55 123,722.30 62.45 4,996.39 129,906.14 65.58 5,246.27 136,403.02 68.86 5,508.55 143,222.30 72.30 5,783.92 150,381.92 Payroll Specialist 80 6125 859 41.62 3,329.56 86,568.56 43.70 3,496.05 90,897.30 45.89 3,670.83 95,441.58 48.18 3,854.40 100,214.40 50.59 4,047.05 105,223.30 Plan Check Engineer 50 3807 521 68.04 5,443.28 141,525.28 71.44 5,714.87 148,586.62 75.01 6,001.02 156,026.52 78.76 6,300.57 163,814.82 82.75 6,619.74 172,113.24 Plan Checker 50 3803 522 58.02 4,641.57 120,680.82 60.92 4,873.60 126,713.60 63.97 5,117.69 133,059.94 67.16 5,372.82 139,693.32 70.53 5,642.22 146,697.72 Plan Review Manager 60 1210 678 75.47 6,037.85 156,984.10 - - - - - - - - - 98.16 7,852.79 204,172.54 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 90.84 7,267.30 188,949.80 - - - - - - - - - 127.18 10,174.23 264,529.98 Planning Manager 60 2803 602 69.24 5,538.86 144,010.36 - - - - - - - - - 96.93 7,754.39 201,614.14 Planning Technician 50 2813 554 42.33 3,386.76 88,055.76 44.46 3,556.47 92,468.22 46.69 3,734.89 97,107.14 49.01 3,920.93 101,944.18 51.46 4,116.78 107,036.28 Police Assistant 40 6401 450 56.12 4,489.30 116,721.80 58.92 4,713.70 122,556.20 61.87 4,949.38 128,683.88 64.96 5,196.89 135,119.14 68.21 5,456.73 141,874.98 Police Captain 60 1401 651 115.69 9,254.80 240,624.80 - - - - - - - - - 161.96 12,956.67 336,873.42 Police Clerk I 40 6402 451 40.22 3,217.86 83,664.36 42.23 3,378.79 87,848.54 44.35 3,547.70 92,240.20 46.56 3,725.10 96,852.60 48.89 3,911.27 101,693.02 Police Clerk II 40 6403 452 44.24 3,539.58 92,029.08 46.46 3,716.66 96,633.16 48.78 3,902.47 101,464.22 51.22 4,097.63 106,538.38 53.78 4,302.42 111,862.92 Police Clerk Supervisor 40 6404 454 51.10 4,088.31 106,296.06 53.66 4,292.76 111,611.76 56.34 4,507.34 117,190.84 59.16 4,732.74 123,051.24 62.12 4,969.35 129,203.10 Police Evidence Technician 40 8607 459 46.92 3,753.81 97,599.06 49.27 3,941.48 102,478.48 51.73 4,138.58 107,603.08 54.32 4,345.54 112,984.04 57.04 4,562.80 118,632.80 Police Lieutenant 40 2402 400 93.24 7,459.11 193,936.86 97.90 7,832.07 203,633.82 102.80 8,223.71 213,816.46 107.94 8,634.91 224,507.66 113.33 9,066.64 235,732.64 Police Officer 40 4403 403 66.47 5,317.72 138,260.72 69.80 5,583.69 145,175.94 73.29 5,862.85 152,434.10 76.95 6,155.94 160,054.44 80.80 6,463.81 168,059.06 Police Officer Trainee 40 4404 457 65.04 5,203.52 135,291.52 68.30 5,463.74 142,057.24 71.71 5,736.98 149,161.48 75.30 6,023.77 156,618.02 79.06 6,324.98 164,449.48 Police Sergeant 40 4405 401 80.30 6,423.96 167,022.96 84.31 6,745.16 175,374.16 88.53 7,082.41 184,142.66 92.96 7,436.63 193,352.38 97.61 7,808.46 203,019.96 Police Support Services Mgr 60 1404 657 67.15 5,371.73 139,664.98 - - - - - - - - - 94.01 7,520.76 195,539.76 Pool Manager 70 5608 708 23.72 1,897.60 49,337.60 - - - - - - - - - 33.05 2,644.00 68,744.00 Principal Civil Engineer 80 2204 822 71.91 5,752.43 149,563.18 - - - - - - - - - 93.52 7,481.55 194,520.30 Principal Planner 80 2811 823 74.14 5,930.89 154,203.14 - - - - - - - - - 89.79 7,183.23 186,763.98 Program Coordinator 50 5606 523 41.66 3,332.62 86,648.12 - - - - - - - - - 54.83 4,386.73 114,054.98 Public Information Officer 60 1122 674 66.64 5,331.16 138,610.16 - - - - - - - - - 93.30 7,463.65 194,054.90 Public Services Assistant I 50 6601 524 34.75 2,780.15 72,283.90 36.49 2,919.18 75,898.68 38.31 3,065.18 79,694.68 40.23 3,218.42 83,678.92 42.24 3,379.33 87,862.58 Public Services Assistant II 50 6602 525 38.23 3,058.15 79,511.90 40.14 3,211.11 83,488.86 42.15 3,371.64 87,662.64 44.25 3,540.29 92,047.54 46.47 3,717.21 96,647.46 Public Works Director 60 1204 635 93.41 7,472.66 194,289.16 - - - - - - - - - 130.77 10,461.76 272,005.76 Public Works Inspector 50 3202 526 56.11 4,488.96 116,712.96 58.92 4,713.46 122,549.96 61.86 4,949.08 128,676.08 64.96 5,196.56 135,110.56 68.20 5,456.35 141,865.10 Public Works Manager 60 1117 648 62.17 4,973.59 129,313.34 - - - - - - - - - 87.04 6,963.03 181,038.78 Purchasing Agent 80 1106 826 59.36 4,748.93 123,472.18 - - - - - - - - - 76.56 6,124.80 159,244.80 Recreation Administrative Asst 70 5619 712 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Recreation Attendant 70 5618 711 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 18.50 1,480.00 38,480.00 - - - - - - - - - 25.77 2,061.60 53,601.60 Recreation Services Supervisor 80 2601 827 56.71 4,536.45 117,947.70 - - - - - - - - - 74.63 5,970.57 155,234.82 Recreation Svcs Assistant I 50 8601 527 19.64 1,571.46 40,857.96 20.63 1,650.01 42,900.26 21.66 1,732.57 45,046.82 22.74 1,819.16 47,298.16 23.88 1,910.16 49,664.16 Recreation Svcs Assistant II 50 8602 528 23.32 1,865.82 48,511.32 24.49 1,959.32 50,942.32 25.72 2,057.24 53,488.24 27.00 2,160.15 56,163.90 28.35 2,268.10 58,970.60 Recreation Svcs Assistant III 50 8603 529 26.81 2,144.74 55,763.24 28.15 2,251.92 58,549.92 29.56 2,364.52 61,477.52 31.03 2,482.73 64,550.98 32.59 2,606.92 67,779.92 Recreation Svcs Assistant IV 50 8604 530 31.45 2,516.34 65,424.84 33.03 2,642.15 68,695.90 34.68 2,774.24 72,130.24 36.41 2,912.97 75,737.22 38.23 3,058.61 79,523.86 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 46.87 3,749.30 97,481.80 - - - - - - - - - 61.69 4,935.22 128,315.72 SCADA Technician 20 8627 240 50.39 4,031.01 104,806.26 53.04 4,243.18 110,322.68 55.83 4,466.51 116,129.26 58.77 4,701.58 122,241.08 61.86 4,949.04 128,675.04 Senior Accountant 80 2110 829 52.76 4,220.40 109,730.40 - - - - - - - - - 69.44 5,554.97 144,429.22 Senior Accounting Technician 50 6106 539 42.05 3,363.97 87,463.22 44.15 3,532.20 91,837.20 46.36 3,708.80 96,428.80 48.68 3,894.28 101,251.28 51.11 4,088.95 106,312.70 Senior Administrative Analyst 80 2112 834 58.27 4,661.58 121,201.08 - - - - - - - - - 76.70 6,136.28 159,543.28 Senior Building Inspector 50 3804 531 64.81 5,184.71 134,802.46 68.05 5,444.02 141,544.52 71.45 5,716.18 148,620.68 75.02 6,001.95 156,050.70 78.78 6,302.08 163,854.08 Senior Buyer 80 2129 856 56.00 4,479.68 116,471.68 - - - - - - - - - 68.17 5,453.86 141,800.36 Senior Executive Assistant 80 6123 855 50.19 4,015.32 104,398.32 - - - - - - - - - 66.06 5,285.08 137,412.08 Senior HR Analyst 80 2122 841 54.41 4,352.42 113,162.92 - - - - - - - - - 71.61 5,729.08 148,956.08 Senior Plan Check Engineer 50 3806 534 74.85 5,987.61 155,677.86 78.59 6,287.15 163,465.90 82.52 6,601.23 171,631.98 86.64 6,930.95 180,204.70 90.97 7,277.42 189,212.92 Senior Planner 80 2805 830 67.96 5,437.08 141,364.08 - - - - - - - - - 82.61 6,608.98 171,833.48 Senior Public Works Inspector 50 3203 535 64.81 5,184.75 134,803.50 68.05 5,444.02 141,544.52 71.45 5,716.19 148,620.94 75.02 6,001.95 156,050.70 78.78 6,302.08 163,854.08 Senior Public Works Lead 20 8609 225 59.29 4,743.18 123,322.68 62.25 4,980.34 129,488.84 65.37 5,229.36 135,963.36 68.64 5,490.81 142,761.06 72.07 5,765.51 149,903.26

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