Resolution No. 26-009
29 83. Concurrent Off-site Plan Reviews: Permittee shall submit separate off-site improvement plans for City’s review and approval by the Engineering Department.
84. Street Name Approval: Permittee shall obtain approval from the City Council for all new street names based upon recommendation from the Planning Commission and City guidelines.
85. Utility Company Approval: Permittee shall obtain approval letters from utility companies (PG&E, AT&T, Comcast) for abandonment of existing and dedication of new public service utilities easements.
86. Demolition of Existing Building: Permittee shall demolish existing buildings/facilities that are in conflict with new property lines.
87. Covenant, Conditions & Restrictions (CC&Rs): Permittee shall provide CC&Rs for City’s review and approval for perpetual maintenance of private roadways, private utilities, stormwater management facilities in accordance with a separately recorded Stormwater Management Facilities Operation and Maintenance Agreement.
88. Subdivision Improvement Agreement and Securities: Permittee shall execute a Subdivision Improvement Agreement and provide improvement securities in accordance with MMC Title XI, Section 17, and submit all other supplemental documents as stipulated in the Improvement Agreement (such as certificate of insurance).
89. Annexation to the Community Facilities District: Permittee shall submit an executed petition affirmatively consenting to annex the subject property to the Community Facilities District (CFD) 2005-1, and agree to pay the special taxes levied by CFD 2005-1 for the purpose of maintaining the public services. The CFD annexation process shall be completed prior to final map approval. Permittee shall comply with all rules, regulations, policies and practices established by the State Law and/or by the City with respect to the CFD including, without limitation, requirements for notice and disclosure to future owners and/or residents. This condition of approval is non-severable from the Permit, and invalidation or limitation of this condition invalidates the Permit, condition 85 notwithstanding.
PRIOR TO OFF-SITE PLAN APPROVAL/ENCROACHMENT PERMIT ISSUANCE The following conditions shall be addressed as part of the off-site improvement plan review and shall be met prior to encroachment permit issuance, unless otherwise approved by the Director of Engineering/City Engineer. (E)
90. Public Improvement Design Standards: All public improvements shall be designed and constructed in accordance with all applicable, mandatory, objective public improvement design standards, including but not limited to:
a. Milpitas Design Guidelines:
(https://www.milpitas.gov/317/Land-Development-Procedures-Guidelines); b. Standard Details and Specifications:
(https://www.milpitas.gov/333/Standard-Details-Specifications); c. Milpitas Gateway-Main Street Specific Plan design guidelines:
(https://www.milpitasmainstreet.org/);
d. Americans with Disabilities Act (ADA) requirements, where applicable.
91. 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
Resolution No. 26-009
30 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.
92. 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.
93. 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.
94. Specific Improvements: In addition to standard public improvements required under Milpitas Municipal Code (MMC) Title XI, Chapter 1, Section 7, Permittee shall install other specific improvements listed below including incidental improvements as required by the City as part of the encroachment permit. a. Installation of public (City-maintained) water and sewer mains within the on-site private streets and public easements. All installations shall comply with the required horizontal and vertical separation standards in accordance with CCR Title 22 and City standards. b. The Project site contains an existing 8” water line that runs through the project site within the existing 15’ water pipeline easement, extending from the existing 8” water line in Valley Way to the north, to the existing 8” water line in Valley Way cul-de-sac to the south. The existing 8” water line shall be abandoned and capped up to the main line in Heath Street at the north end and prior to the Valley Way cul-de-sac at the south end. A new 10" water line shall be installed to the easterly side of the project through Alley 1, from the main line in Heath Street to the Valley Way cul-de-sac, which shall be located within the proposed P.S.U.E. This new waterline shall be installed and fully operational prior to the abandonment of the existing water line. The existing 15' water pipeline easement shall be vacated through the Final Map process.
c. Installation of separate water service tap and meter for each of the following services: residential, irrigation, and fire.
d. Installation of separate utility service lines (domestic water, fire service, sanitary sewer) for residential. e. Installation of radio-transmitting water meters with built-in antennas; installation of wireless repeaters or transmitters with dedicated power sources, all at no cost to the City. These shall be installed at locations acceptable to the City to ensure accurate and timely radio reception of meter readings.
Permittee shall execute and record a water service agreement which requires providing dedicated spaces, access rights and dedicated power sources for the City’s operation, maintenance, repair, and replacement of subject radio antennas.
f. Construction of new street tree wells along the project frontage. The locations, spacing of tree wells and tree species shall be in compliance with applicable City standards and details. g. Provide lighting analysis for streetlights on Valley Way and on S. Abbott Avenue between Valley Way and W. Calaveras Boulevard. If the existing illumination levels do not meet the City’s lighting targets, upgrade luminaire and/or furnish and install new lighting. The locations and spacing of streetlights shall comply with the Illuminating Engineer Society of North America (IESNA), RP8, for roadway and sidewalk lighting standards and City standard design guidelines. h. Install a minimum 2-inch grind and asphalt concrete overlay on Valley Way, from the cul-de-sac to the western crosswalk of the Abbott Avenue/Valley Way intersection.
Resolution No. 26-009
31 i. Construct concrete sidewalk, curb, and gutter at the cul-de-sac of Valley Way, and install a new sidewalk to close the existing gap along the north side of Valley Way, as shown on the approved plans, to provide a continuous pedestrian pathway from the project site to the Abbott Avenue/Valley Way intersection.
j. All public and private driveways shall provide and maintain a clear vision triangle, subject to review and approval prior to issuance of site improvement plans.
95. Abandonment of Existing City Utilities: Permittee shall cap, abandon or remove any unused existing public utilities based upon City’s Abandonment Notes and to the City’s satisfaction.
96. 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.
97. Water Service Agreement: Permittee shall complete a water service agreement to obtain water service.
98. 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.
99. Pothole Encroachment Permit: Due to multiple new utility service connections on Valley Way, Permittee shall pothole and verify all potential utility crossing conflict as part of the public improvement plan during the design stage.
PRIOR TO BUILDING PERMIT ISSUANCE
The following conditions shall be addressed during the building plan check process and shall be met prior to any building permit issuance (except demolition permit and rough grade permit), unless otherwise approved by the Director of Engineering/City Engineer). (E)
100. Final Map Recordation: Permittee shall record the final map. 101.Easements on the Building Permit Plans: Permittee shall depict all existing easements to remain based upon current preliminary title report and depict new easements on applicable building permit plans. 102.Stormwater Facility Operation & Maintenance Plan: Permittee shall incorporate design details into applicable construction plans in accordance with City approved Storm Water Control Plan (SWCP).
Permittee shall also submit Stormwater Facility Operation & Maintenance Plan that describes operation and maintenance procedures needed to ensure that treatment Best Management Practices (BMPs) and other storm water control measures continue to work as intended and do not create a nuisance (including vector control). 103.Stormwater Management Facilities O&M Agreement: Permittee shall execute and record a Stormwater Management Facilities Operation and Maintenance (O&M) Agreement associated with the SWCP O&M Plan, including perpetual maintenance of treatment areas/units, as reviewed and accepted by the Engineering Department. The subject O&M Agreement shall be referenced in the CC&Rs, if applicable. 104.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.
Resolution No. 26-009
32 105.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.
106.Solid Waste and Recycling Facility Design: Permittee shall comply with all applicable, mandatory, objective City design guidelines/details associated with haul route, turning radius, vertical and horizontal clearance, trash enclosure, staging area, storage area, etc.
107.Recycling Report Prior to Demolition Permit Issuance: Permittee shall submit Part I of a Recycling Report on business letterhead to the Building Department, for forwarding to the Engineering Department for review and approval. The report shall describe the following resource recovery activities:
a. What materials will be salvaged.
b. How materials will be processed during demolition.
c. Intended locations or businesses for reuse or recycling. d. Quantity estimates in tons (both recyclable and for landfill disposal). Estimates for recycling and disposal tonnage amounts by material type shall be included as separate items in all reports to the Building Division before demolition begins.
Permittee shall make every effort to salvage materials for reuse and recycling and shall comply with the City’s demolition and construction debris recycling ordinance. 108.Recycling Report Prior to Building Permit Issuance: Permittee shall submit Part II of the Recycling Report to the Building Department, for forwarding to the Engineering Department. Part II of the Recycling Report shall be supported by copies of weight tags and/or receipts of “end dumps.” Actual reuse, recycling and disposal tonnage amounts (and estimates for “end dumps”) shall be submitted to the Building Department for approval by the Engineering Department prior to inspection by the Building Department. 109. Flood Plain Management: This Project is partially located in Flood Zone AE (EL=19’) and AE (EL=18’), and partially located in Flood Zone X. Permittee shall comply with all applicable flood protection criteria as required by the Federal Emergency Management Agency (FEMA) and MMC Title XI, Chapter 15. Permittee shall also submit a Flood Study for the Project demonstrating, to the satisfaction of the City Engineer, that the proposed development has no adverse impact to the surrounding flood plain within the Special Flood Hazard Area (SFHA) and to the flood carrying capacity of the area. The study should include cumulative effects of existing and proposed developments demonstrating the combined effects will not increase the water surface elevation of the Base Flood Elevation (BFE) more than one foot at any point. For the AO Flood Zone, the flood study is required to establish the BFE and set the building elevation accordingly. The flood study shall be consistent with the requirements in accordance with Title 44 of the Code of Federal Regulations by establishing a hydraulic model and HEC-RAS. The study shall clearly identify the lowest floor elevation as being either the bottom of garage, bottom of first floor residential units, bottom of elevator pit, etc. and shall be completely elevated out of the SFHA.
110.Development Fees: Permittee shall pay the following development fees. The information listed in items “a” through “g” are based upon current fee rates, per Engineering Fee Schedule FY 24-25. The fee rates are subject to change, unless otherwise exempted under SB 330. a) Storm water connection fee (Per Ord. No. 239.8): Gateway-Main Street Specific Plan Area:
x Impact Fee per Runoff Acre: $48,768.00. The runoff factor would be 0.4 runoff acre for residential, equating to a $19,507.00 impact fee per Runoff Acre.
Resolution No. 26-009
33 b) Water connection fee at $1,164/unit for residential based upon increased water usage. c) Sewer connection fee at $1,406/unit for residential based upon increased average wastewater flow. d) Wastewater Treatment Plant fee per MMC VIII, Chapter 2, Section 7.04: $690/unit. e) Calaveras Boulevard Widening Traffic Impact fee per Resolution No. 7894: $287.97/unit. f) 3.8% of applicable fees in accordance with City Resolution No. 8969 as Permitting Automation Fee. g) FEMA Flood Zone Designation Letter fee in the amount of $100.00 each. 111.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 Post Master approving the location of the mailbox. Structures to protect mailboxes may require Building, Engineering and Planning Department review.
112.Hazard Assessment Report: 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 Post Master approving the location of the mailbox. Structures to protect mailboxes may require Building, Engineering and Planning Department review.
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) 113.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.
114.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. 115.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 rights-of-way or public easements.
116.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.
117.Completion of Public Improvements: Permittee shall complete all public improvements, including but not limited to, North and South of Valley Way, all that are shown on City approved plans. 118.Flood Plain Management: This property is shown on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) for Santa Clara County, California, Map No. 06085C0066J for Community No. 060344 (City of Milpitas), with an effective date of February 19, 2014, as being partially located in Flood
Resolution No. 26-009
34 Zone AE (EL=19’) and AE (EL=18’), and partially located in Flood Zone X. Permittee shall comply with all applicable flood protection criteria required by the Federal Emergency Management Agency (FEMA) and MMC Title XI, Chapter 15. Permittee shall submit the FEMA approved LOMR-F, or if the LOMR-F process remains suspended by FEMA, equivalent documentation agreed upon through coordination with the City for each unit/building associated with the requested occupancy, if project is located in the SFHA. Lack of documentation will not preclude occupancy release.
119.Elevation and/or Flood Proofing Certificate: Permittee's civil engineer shall submit Elevation and/or Flood Proofing Certificates for the lowest finished floor elevation of each building for City records. 120.Landscape Certificate of Completion: Permittee shall submit a Certificate of Substantial Completion that complies with the Milpitas Municipal Code Water Efficient Landscapes Ordinance. 121.Record Drawings: Permittee shall submit record drawings in full-size hard copy, AutoCAD, Tiff, and PDF formats for City records. Project redlines shall be submitted to the City for review prior to final as-builts being submitted. Record drawings shall include all public improvements and approved site modifications during construction.
122.Private Job (PJ) Balance: Permittee shall pay for any remaining balance from the Private Job deposit.
LEGEND
P = Planning Department
B = Building Department
E = Engineering Department
F = Fire Department
H = Office of Housing
POL = Police Department
CAO = City Attorney’s Office
ALL = All Reviewing Department
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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Exhibit A - Tree Revisions along Single-Family Property Line
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STORM
WATER
TREATMENT
6' CONCRETE SCREEN
WALL WITH VINES SEE
SHEET L6.02 FOR IMAGE
DOG PARK WITH
TURF AND
CONCRETE
PAVING
6' WOOD PERIMETER FENCE SEE
DETAIL L6.01
FOUNTAIN. SEE
DETAIL 1/L6.02
DECOMPOSED GRANITE
TURF ACTIVITY AREA
BOCCE BALL COURT
OUTDOOR
LOUNGE
STAMPED ASPHALT
VEHICULAR
ACCENT PAVING
5' ENTRY
PILASTERS
PEDESTRIANPAVING WITH COOL
PAVEMENT WITH
SRI VALUES 29 OR
GREATER.
COMMUNITY BUILDING
COURTYARD
EXISTING TREE
TO REMAIN
EXISTING TREE
TO REMAIN
EXISTING TREE TO REMAIN
POTENTIAL
MAILBOX
LOCATIONS
6 SHORT
-TERM
VISITOR BIKE
PARKING
SPACES
6 SHORT -TERM VISITOR BIKE PARKING
SPACES. SEE SHEET L6.02 FOR BIKE
RACK IMAGE
5' STUCCO WALL.
SEE DETAIL 4/L6.01
WOOD
TRELLIS
REMOVABLE
TRAFFIC BOLLARDS
CONCRETE SEAT
WALL SEE DETAIL
2/L6.02
X X
THIS DOCUMENT CONTAINS INFORMATION
PROPRIETARY TO STUDIO T-SQ, INC. AND IS FURNISHE
Sheet Title:
Job No.
Date:
Scale:
Sheet No:
D
IN CONFIDENCE FOR THE LIMITED PURPOSE OF
EVALUATION OR REVIEW. THIS DOCUMENT OR ITS
CONTENTS MAY NOT BE USED FOR ANY OTHER
PURPOSE AND MAY NOT BE REPRODUCED ORDISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF STUDIO T-SQ., INC. ALL RIGHTS
RESERVED, COPYRIGHT 2016.
: Architecture: Planning: Urban Design
: 1970 Broadway, Suite 408
: Oakland, California 94612: (510) 451 - 2850
Drawn By:
1" = 30'-0"
600 VALLEY WAY
MILPITAS, CA 95035
THE SOBRATO ORGANIZATION
22029
03/17/2026
THE
INC.
GuzzardoPartnership,
ILLUSTRATIVE
LANDSCAPE PLAN
L1.01
0'
SCALE: 1" = 30'-0"
15' 30' 60'
NOTES:
THE PROJECT IS TO USE COOL PAVEMENTS
INCLUDING STAMPED VEHICULAR ASPHALT
PAVING AND PEDESTRIAN ACCENT PAVING
WITH SRI VALUES OF 29 OR GREATER.
Exhibit A - Tree Revisions along Single-Family Property Line
X X X X X X X X X X X X X X X X X
X
X
X
X
X
X X
X
X
X
X
X
X X
X X
X
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X X X X X X X X X X X
X X X X X X X X X
X
X
X
X X X X
X X X X X X
X
X
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X X
(5) PLA RAC
24" BOX
(5) CUP SEM 24" BOX
(16) CIT MEY
36" BOX
(25) WAS ROB
15' BTH
(1) QUE ILE 48" BOX
(2) MAG EDI 24" BOX
(10) GIN FAS 24" BOX
(18) ARB MAR 24" BOX
(11) MAG EDI
15 Gallon
(1) QUE ILE 48" BOX
(1) QUE ILE 48" BOX
(9) PLA RAC 24" BOX
(1) PLA RAC 24" BOX
(8) GIN FAS 24" BOX
(3) YUC GLO
24" BOX
(61) LAU NOB 15 GAL
(15) KOE PAN 36" BOX
(2) ARB MAR
24" BOX
(2) KOE PAN
36" BOX
(3) ARB MAR 24" BOX
(3) PLA RAC 24" BOX
(6) LAU NOB 24" BOX
(3) YUC GLO 24" BOX
(8) KOE PAN
24" BOX
(18) JAC MIM 36" BOX
(4) MEL LIN 24" BOX
(3) GIN FAS 24" BOX
(7) CUP SEM 24" BOX
(1) QUE AGR
48" BOX
(27) ULM PAR
24" BOX
(4) DRA DRA 48" BOX
(1) QUE ILE
48" BOX
(1) QUE AGR 48" BOX
(5) MAG EDI
15 Gallon
(1) QUE AGR 48" BOX
(1) QUE AGR
48" BOX
(17) LAU NOB 24" BOX
(1) PLA RAC 24" BOX
(2) CUP SEM
24" BOX
(11) CUP SEM 24" BOX
(2) CUP SEM
24" BOX
(2) CUP SEM
24" BOX
(1) CUP SEM 24" BOX
(1) CER OCC 24" BOX
(1) PIS CHI 36" BOX
(3) YUC GLO
24" BOX
X
(11) ULM PAR
24" BOX
X
PLANT PALETTE
COMMENTS/SPACING COMMON NAME KEY BOTANICAL NAME SIZE WATER USE Medium Citrus 'Improved Meyer' CIT MEY Meyer lemon Standard LAU NOB Laurus nobilis 'Saratoga' Sweet Bay Standard
NN
Medium Platanus racemosa 'Roberts' PLA RAC Robert's Western Sycamore Standard Low MEL LIN Melaleuca linarifolia Flaxleaf Paperback Standard NLow Arbutus 'Marina' ARB MAR Marina Strawberry Tree Standard N Very Low Cercis occidentalis CER OCC Western Redbud Low Branch Y Medium Ginkgo biloba 'Fastigiata' GIN FAS Columnar Ginkgo Standard NMedium JAC MIM Jacaranda mimosifolia (acutifolia) Jacaranda Standard N TREES
Low Dracaena Draco DRA DRA Dragon Tree Standard N
Low Pistacia chinensis PIS CHI Chinese Pistache Tree Standard N 24" Box24" Box15 gallon15 gallon24" Box48" Box24" Box24" Box Low 15 gallon
Very Low Quercus agrifolia QUE AGR Coast Live Oak Multi Trunk Y 36" Box Low Washingtonia robusta WAS ROB Mexican Palm Matching N 15' BTHLow Yucca gloriosa YUC GLO Spanish Dagger N 15 GallonLow Quercus ilex QUE ILE Holly Oak Multi Trunk Y 36"/48" Box Multi Trunk
Low Ulmus parvifolia ULM PAR Evergreen Elm Standard N 24" Box Standard Y
Medium KOE PAN Koelreuteria paniculata Golden Rain Tree Standard 24" Box N NATIVE
Medium MAG EDI Magnolia grandiflora 'Edith Bogue' Edith Bogue Magnolia Standard N 24" Box15 gallon
NOTES/ ZONE
Low Cupressus sempervirens CUP SEM Italian Cypress Standard N 24" Box MGSP
SOURCE
MGSP
ODS
MGSPMGSPMGSPMGSPMGSPMGSPMGSP
ODS
MGSPMGSPMGSPMGSP
THIS DOCUMENT CONTAINS INFORMATION
PROPRIETARY TO STUDIO T-SQ, INC. AND IS FURNISHE
Sheet Title:
Job No.
Date:
Scale:
Sheet No:
D
IN CONFIDENCE FOR THE LIMITED PURPOSE OF
EVALUATION OR REVIEW. THIS DOCUMENT OR ITS
CONTENTS MAY NOT BE USED FOR ANY OTHER
PURPOSE AND MAY NOT BE REPRODUCED ORDISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF STUDIO T-SQ., INC. ALL RIGHTS
RESERVED, COPYRIGHT 2016.
: Architecture: Planning: Urban Design
: 1970 Broadway, Suite 408
: Oakland, California 94612: (510) 451 - 2850
Drawn By:
1" = 30'-0"
600 VALLEY WAY
MILPITAS, CA 95035
THE SOBRATO ORGANIZATION
22029
03/17/2026
THE
INC.
GuzzardoPartnership,
Tree Planting
Diagram
L2.01
0'
SCALE: 1" = 30'-0"
15' 30' 60'
NOTES:
x AT LEAST 75% OF THE PLANTING IS TO BE LOW WATER USE, WATER CONSERVING AND/ OR NATIVE PLANTING.
x SEE SHEET L4.01 FOR INFORMATION ABOUT THE EXISTING TREES
AND THE TREE MITIGATION REQUIREMENTS
Exhibit A - Tree Revisions along Single-Family Property Line
X X X X X X X X X X X X X X X X X
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X X X
X X X X X X X X X X X
X X X X X X X X X
X
X
X
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THIS DOCUMENT CONTAINS INFORMATION
PROPRIETARY TO STUDIO T-SQ, INC. AND IS FURNISHE
Sheet Title:
Job No.
Date:
Scale:
Sheet No:
D
IN CONFIDENCE FOR THE LIMITED PURPOSE OF
EVALUATION OR REVIEW. THIS DOCUMENT OR ITS
CONTENTS MAY NOT BE USED FOR ANY OTHER
PURPOSE AND MAY NOT BE REPRODUCED ORDISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF STUDIO T-SQ., INC. ALL RIGHTS
RESERVED, COPYRIGHT 2016.
: Architecture: Planning: Urban Design
: 1970 Broadway, Suite 408
: Oakland, California 94612: (510) 451 - 2850
Drawn By:
1" = 30'-0"
600 VALLEY WAY
MILPITAS, CA 95035
THE SOBRATO ORGANIZATION
22029
03/17/2026
THE
INC.
GuzzardoPartnership,
KEY
REMAIN
7 PROTECTED (37" CIRCUMFERENCE OR MORE)
QTY.
LESS THAN 37" CIRCUMFERENCE 0
KEY
REMOVE
QTY.
115
16 OFF-SITE & STREET TREES
TREE DISPOSITION LEGEND
TOTAL 7 131 138
TREE MITIGATION REQUIREMENT
339
REQUIRED NUMBER OF TREESPROPOSED NUMBER OF TREES
TOTAL
2:1
230346
TREES TO REMAIN 7
NOTE:
16 non-ordinance size trees will be removed, and 115 ordinance-sized trees will be removed and replaced with 339 trees to meet City's Tree Removal Permit requirements. For new Trees to be planted, they must be identified and quantified on plan sheets and meet the Draft MGSP suggested tree palette. Information on Tree Removal requirements are available in the checklist.
See sheet L2.01 for information about the proposed trees.
TREE DISPOSITION
PLAN
L4.01
0'
SCALE: 1" = 30'-0"
15' 30' 60'
Exhibit A - Tree Revisions along Single-Family Property Line
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6'-0"
3/17/2026
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loss of 2 units
The trash enclosure would be locatedsignificantly closer to the adjacent single-familyhomes than the originally proposed location.This location impacts the required C-3 area,which would need to be relocated elsewhereon-site, resulting in a loss of 2 residential units.
PG&E easement.No structures or C-3 areas areallowed within the easement area.
Resulting in the loss of 2 units.
25' setback requirement forbuildings greater than two stories inheight, per ODS Section 3.9.1.2.
PG&E easement.No structures or C-3 areas areallowed within the easement area.
Trash enclosure
Loss of 2 units
add C-3 area
4'-3"
Trash enclosure
Resulting in the loss of 1 unit and the required C-3 area Trash enclosure
Trash enclosure
1 2
3 4
5/28/2026
Proposed C-3 area
Proposed C-3 area
Exhibit B - Trash Enclosure Site Constraints
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Problem: Design a waste and recycling system for this residential for-sale townhome project comprised of 134 townhomes that that minimizes upfront and ongoing costs, staffing requirements and environmental impacts, while providing convenient trash disposal for residents and commercial tenants.
Please note the word “trash” when used in this plan covers waste, recyclable materials, and organic materials.
Waste and Recycling: The City of Milpitas has granted an exclusive franchise for waste and recycling removal to Milpitas Sanitation starting in September 2017. Milpitas Sanitation provides waste, commingled recycling and food scraps collection. Waste rates were increased January 1, 2024. Waste and Recycling charges are regulated by the city for residential properties under city ordinance #276.1.
State and Local Recycling Mandates: As of July 1, 2012, under Assembly Bill 341, State law requires commercial establishments (businesses, schools, and apartments) to recycle. This law was further extended by AB1826 to require organics diversion by all business with more than 4 cubic yards of waste per week and all residential properties with more than 5 units. However, residential properties were not required to divert organic food waste under AB1826. The food waste separation exception was eliminated under California Law SB1383 starting January 2022. This law implements mandatory food waste diversion for all residential, multi-family and commercial business without exception. These laws direct local jurisdictions to implement recycling and composting regulations and programs. Currently, the City of Milpitas requires all residential and commercial entities to recycle paper, cardboard, glass, aluminum and metal containers, and PET (#1) and HDPE (#2) plastic bottles. These can be commingled to be sorted by franchised waste hauler if put into a roll off compactor. If front load service is used then paper and container recycling must be separated. Food waste must be collected separately in all portions of the project. Please note that front load compacted organics/food waste service is not available.
Sobrato
600 Valley Way
Milpitas, CA
Solid Waste Management Plan
© American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 1 11 Exhibit C - 600 Valley Way Solid Waste Management Plan
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Specific Project Design Recommendations: There are several critical trash system design issues:
First, to meet the State requirements of AB 341, AB 1826, and SB 1383, trash must be collected in three streams (waste, mixed recycling, and food scraps). Milpitas Sanitation further requires that all recycling be separated into paper recycling and container recycling unless collected in a roll-off container. Any yard care debris will need to be diverted as part of the HOA’s landscaping contract.
Second, for this development residential trash be collected via concierge collection service. The HOA would employ a concierge or private trash collection service. Homes will have all materials taken by the collection service and aggregated in central roll off compactors, for waste and mixed recycling. Food scraps will be collected in loose 2CY bins. Please note that the hauler has confirmed that if roll off compactors are used, the recycling streams can be commingled. Space has been identified for an appropriately sized trash enclosure equipped with roll off compactors.
Third, front load service requires 25’ clearance height and roll-off service requires 18’ clearance height.
Total Residential Trash Volume Projections:
The following metrics were used to project residential waste and recycling levels:
Residential Waste: 0.475 Cubic Yard (96 gallon) per week/unit. NOTE: This is the equivalent of ~ 7 large kitchen garbage cans per unit weekly (~7 - 13 gallons bags).
Residential Recycling: 0.475 Cubic Yard (96 gallon) per week/unit. NOTE: This is the equivalent of ~ 7 large kitchen garbage cans per unit weekly (~7 - 13 gallons bags).
Residential Container Recycling: 0.025 Cubic Yard (5 gallon) per week/unit.
Residential Food scraps: 0.012 Cubic Yard (2.4 gallon) per week/unit. NOTE: This is the equivalent of small food scraps pail per unit week.
Below is a summary of projected loose trash volumes
Below is a summary of projected compacted trash volumes with Roll-Off Compacted Waste & Mixed Recycling
Units Loose Waste
Volume CY/WK
Loose Paper
Recycle Volume CY/
WK
Loose Container
Recycle Volume CY/
WK
Loose Food scraps
Volume CY/WK
134 63.7 57.0 6.7 1.6
Units Comp
Waste
Volume CY/
WK
Comp Mixed
Recycle
Volume CY/
WK
Loose Food
scraps
Volume CY/
WK
# of 15CY
COMP Waste
Bins/WK
# of 15CY
COMP
Recycle
Bins/WK*
# of 2CY
Loose Food
scraps Bins/
WK
134 15.9 15.9 1.6 1.1 1.1 1
© American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 2 11
1900 Powell Street, Suite 220
Emeryville, CA 94608
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(415) 292-5400
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Proposed Residential Trash Handling System.
Trash will be collected in up to 5 different streams at each residence: waste, paper recyclables, container recyclables, food scrap food scraps, and yard trimmings. Note that if concierge service with roll-off compactors is elected, recycling can be commingled instead of separated into paper/fibers and containers. If the HOA provides yard care services, it will be responsible for diverting yard trimmings as part of its landscaping contract.
Concierge Collection Option
Given issues with collecting dedicated carts in front of the homes and with the undesirability of trash enclosures, an alternate option for trash service is to employ a private collection service (“concierge”) for all the homes and have all materials taken by the collection service and aggregated in a central compactors.
Concierge Trash Service. All homeowners will be provided trash bags for waste and recycling (either paper/fiber or mixed, depending on the ultimate compaction scheme), a pail for food scraps, and if needed a separate bag or container for container recycling. Please note that compost/food scraps must be collected in clear plastic bags/compostable bags or paper bags, per city requirements. Homeowners place their trash in front of their homes the evening prior to a predetermined collection day. A private contractor will pick up trash late morning to avoid early AM traffic. Materials will be transported to central compactors for ultimate pickup by Milpitas Sanitation. Setting bags out in front of homes is less of a driving hazard than plastic carts. Concierge providers have smaller vehicles (normally a pickup truck pulling a trailer) that can easily and safely navigate the development’s roads.
Sample Bags set out for collection:
Compactor Enclosure. The trash enclosure will require two compactors: a 15CY machine for waste and a 15CY compactor for mixed recycling. Food scraps will be aggregated in a 2CY hauler-provided bin.
Space is also required for storage of towable trailers, easy access to the front of the roll off compactors, © American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 3 11
1900 Powell Street, Suite 220
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and room for tipping the trailers. The hauler will service the compactors and food scraps bin directly from the enclosure.
Roll-off Compactor Loading:
The hauler needs 50’ in front of the enclosure to pick the compactors. © American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 4 11
1900 Powell Street, Suite 220
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(415) 292-5400
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Roll-off Truck Information
Roll-off trucks are generally 34’ in length (though some are smaller) and require at a minimum 18’ overhead clearance for servicing containers, although more clearance is necessary is for longer containers and compactors.
© American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 5 11
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Self Contained Compactors for Waste and Mixed Recycling:
© American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 6 11
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Front Load Service Information: Front load service requires a minimum 25’ clearance height. Loose food scraps bin will get serviced outside of the trash enclosure.
Front Load Trash Truck Noise Levels
8'-0" 17'-10" 11'-3"
4'-9"
21'-0"
37'-2"
32'-3"
11'-6" 8'-0"
AMERICAN TRASH MANAGEMENT
1900 POWELL STREET, SUITE 890
EMERYVILLE, CALIFORNIA 94608
P: 415.292.5400
F: 415.292.5410
[email protected]
DRAWING TITLE
PROJECT NO.
PROJECT
MC DRAWN
APPROVED
DATE
SCALE
DRAWING NO.
SB
07/12/18
NTS
CONSULTANT
FEL.01
ARCHITECT
OWNER / DEVELOPER
NO. DATE ISSUE / REVISION ISSUED BY
PROTOTYPE
FRONT LOAD
COLLECTION VEHICLE
Location Decibel Levels
Banging on Bins when Emptying 100
Behind Garbage Truck (while compacting) 89
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1900 Powell Street, Suite 220
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(415) 292-5400
(415) 292-5410 Fax
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3CY Towable Trailer
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© American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 8 11
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Sample Residential Trash Service Schedules
Actual schedule to be determined by hauler, management, and operating trash levels.
Concierge Service:
CENTRAL Trash Enclosure with Roll-Off Compaction
Service will typically occur the day after the concierge company services the neighborhood.
Central Enclosure Layout:
Monday Tuesday Wednesday Thursday Friday Saturday
Compacted Waste
15CY
1 Compacted Mixed
Recycle 15CY
1 Loose FoodScraps
2CY
1 Total 0 0 3 0 0 0
© American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 9 11
1900 Powell Street, Suite 220
Emeryville, CA 94608
(800) 488-7274 Toll Free USA
(415) 292-5400
(415) 292-5410 Fax
www.trashmanage.com
Waste, Recycling and Food scraps Analysis (Rates reflect the rate increase effective January 1, 2024) Below is a comparative analysis of the disposal and labor costs of handling waste and recycling in loose versus compacted bins. Please note that the projections below are estimates derived from actual audits of comparable multifamily complexes in the San Francisco Bay area. They are not guaranteed. They are to be used for planning purposes only and may be higher or lower than projected.
TOTAL RESIDENTIAL WASTE AND RECYCLING ANALYSIS ND RECYCLING ANALYSIS ASSUMPTIONS: UNITS: 134 GALLONS
Volume Waste: 0.475 cubic yard/week/unit 95
Volume Paper Recycling: 0.425 cubic yard/week/unit 85
Volume Container Recycling 0.050 cubic yard/week/unit 10 Volume Food scraps: 0.012 cubic yard/week/unit 2
Compaction Ratio 4 to 1
Concierge Service $25.00 Monthly per unit
Loose Waste Cart Service 0.225 cubic yard carts (45G/19G Split Carts) (45G/19G Split Carts) Loose Recycling Cart Service 0.25 cubic yard carts (48G/48G Split Carts) (48G/48G Split Carts) Loose Food scraps Cart Service 0.095 cubic yard carts (45G/19G Split Carts) (45G/19G Split Carts) Compacted RO Service 15 cubic yard roll-off compactor ff compactor Compacted RO Service 15 cubic yard roll-off compactor ff compactor Compacted FL Waste Service 3 cubic yard bins
Compacted FL Paper Recycle Service 3 cubic yard bins
Loose FL Container Recycle Service 0.475 cubic yard carts Loose FL Food scraps Service 2 cubic yard bins
COST BENEFIT CALCULATIONSPROJECTEDPROJECTED PROJECTED PROJECTED SERVICE-Waste Loose Split Cart Comp-FL Comp-15RO
SERVICE-Paper Recycling Loose Split Cart Comp-FL Comp-15RO* SERVICE-Container Recycling Loose Split Cart Loose Combined* SERVICE-Food scraps Loose Split Cart Loose Loose
Loose Waste Volume - CY 63.7
Compacted Waste Volume - CY 15.9 15.9
Loose Paper Recycling Volume - C 57.0
Compacted Paper Recycling Volume - CY me - CY 14.2 15.9 Loose Container Recycling Volume 6.7 6.7
Comp Cont Recycling Volume - CY
Loose Food scraps Volume - CY 1.6 1.6 1.6
Waste Bins/week 16 134 6 1.1
Paper Recycle Bins/week** 15 134 5 1.1
Container Recycle Carts/week 15 15
Food scraps Bins/week 1 11
Containers/week 47 27 3
SYSTEM CAPITAL COST $0.00 $0.00 $87,593.80 $160,000.00
WASTE COST/MONTH $6,736.00 $6,457.20 $5,567.83
PAPER RECYCLING COST/MONT $1,578.75 Included $1,345.20 $1,801.53 CONTAINERS COST/MONTH $129.90 Included $129.90 $0.00
Food scraps COST/MONTH $199.40 Included $199.40 $199.40 TRASH COST/MONTH $8,644.05 $8,131.70 $7,568.77
COMPACTION SAVINGS/MONTH N/A N/A $512.35 $1,075.28
CONCIERGE COST/MONTH $3,350.00 $0.00 $3,350.00 $3,350.00 NET MONTHLY TRASH COSTS $11,994.05 $11,481.70 $10,918.77 Monthly Trash Cost per Unit $89.51 $85.68 $81.48
PAYBACK-MONTHS N/A N/A 23 36
*In Milpitas roll-off compacted recycling can be combined ecycling can be combined © American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 10 11
1900 Powell Street, Suite 220
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(415) 292-5400
(415) 292-5410 Fax
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The system capital costs above are estimates utilized for planning purposes only. Pricing includes tax, shipping and install costs. Due to frequently changing values, do not use these estimates for any other purpose.
WASTE AND RECYCLING RATES (PARTIAL) - valid thru 12/31/2026 City: City of Milpitas
Franchise: Milpitas Sanitation
Front Load Loose Loose Compacted Compacted
Multi-Family Waste Rates: 3CY 4CY 3CY 4CY
1 x Week $358.74 $421.00 $1,076.20 $1,263.00
2 x Week $705.01 $824.81 $2,115.04 $2,474.43
Front Load Loose Loose Compacted Compacted
Multi-Family Paper/Fiber Rates: 3CY 4CY 3CY 4CY
1 x Week $89.68 $105.25 $269.04 $315.75
2 x Week $176.25 $206.20 $528.76 $618.61
Food scraps Food scraps Containers
2CY-Loose 1CY-Loose 96G Carts
1 x Week $199.40 126.37 $8.66
2 x Week $385.47 $15.15
Roll-Off Per Haul Plus Per ton Tons/CY
10-15CY Waste $784.41 $114.06 0.25
12CY Mixed Recycle $392.20 $0.00
15CY Mixed Recycle $392.20
Approximate Equipment Costs
Roll-off Compactor $80,000.00 Self-contained compactor sized to project, tax, ship, install mpactor sized to project, tax, ship, install Stationary Compactor $43,796.90 STS-500X, 2-3CY Towable bins, tax, ship Install Towable bins, tax, ship Install © American Trash Management, Inc. 2026 Page of Thursday, March 19, 2026 11 11
Certificate Of Completion
Envelope Id: B905CA79-1FDC-8A61-81FA-B98BBE26A969 Status: Completed Subject: Complete with Docusign: 2026.06.12_600 Valley Way_PC Follow Up_v2.pdf Source Envelope:
Document Pages: 20 Signatures: 1 Envelope Originator:
Certificate Pages: 1 Initials: 0 Caroline Layden
AutoNav: Disabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
599 Castro Street
Suite 400
Mountain View, CA 94041
[email protected]
IP Address: 76.132.69.212
Record Tracking
Status: Original
6/12/2026 12:37:20 PM
Holder: Caroline Layden
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Caroline Layden
[email protected]
Senior Development Manager
The Sobrato Organization
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.132.69.212
Sent: 6/12/2026 12:37:48 PM
Viewed: 6/12/2026 12:37:55 PM
Signed: 6/12/2026 12:38:29 PM
Freeform Signing
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
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Envelope Sent Hashed/Encrypted 6/12/2026 12:37:48 PM
Certified Delivered Security Checked 6/12/2026 12:37:55 PM Signing Complete Security Checked 6/12/2026 12:38:29 PM Completed Security Checked 6/12/2026 12:38:29 PM
Payment Events Status Timestamps
560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 Holland & Knight LLP | www.hklaw.com
Tamsen Plume
+1 415-743-6941
[email protected]
Atlanta | Austin | Birmingham | Boston | Century City | Charlotte | Chattanooga | Chicago | Dallas | Denver | Fort Lauderdale Houston | Jacksonville | Los Angeles | Miami | Nashville | Newport Beach | New York | Orlando | Philadelphia Portland | Richmond | San Francisco | Stamford | Tallahassee | Tampa | Tysons | Washington, D.C. | West Palm Beach June 12, 2026
Kristina Phung, AICP
Senior Planner
City of Milpitas Planning Department
455 E. Calaveras Blvd.
Milpitas, CA 95035
[email protected]
Re: June 16, 2026 City Council Hearing Item No. 20 – Sobrato Townhome Project, 600 Valley Way (APNs 222-80-022, -024, -025) (Site Development Permit PSD24-0005, Vesting Tentative Map No. MT24-0002, Density Bonus Permit No.
DB24-0001, and Environmental Assessment No. EA24-0003)
Dear All:
This firm represents The Sobrato Organization (the “Applicant”) in regard to Item No. 20 on the June 16, 2026 City Council Meeting Agenda, the 600 Valley Way Residential Development Project (the “Project”), which is located on the approximately 7.22-acre site at 600 Valley Way (APNs 222-80-22, 222-80-24, and 222-80-25) (the “Project Site”) in the City of Milpitas (the “City”). The Project will replace three existing non-residential structures with a new 134-unit forsale residential community, including 20 for-sale units available below market rate for affordable housing for moderate-income households. The Applicant carefully monitored the Milpitas Gateway-Main Street Specific Plan (“MGSP”) adoption process to align the Project with the MGSP, and the Project is also included in the City’s Housing Element on the Sites Inventory.1 The Applicant team has also collaborated with City staff and listened closely to community concerns.
As a result, the Project presents an exciting opportunity for the City to deliver much-needed forsale affordable housing, realize the vision of the MGSP, and fulfil the City’s Housing Element commitments.
We have previously written to the City regarding the Project’s Preliminary Application pursuant to the Housing Crisis Act (SB 330), the State Density Bonus Law (“SDBL”), and other state housing law topics related to the Project application and the Project’s May 27, 2026 Planning Commission hearing. All prior correspondence is incorporated herein. The specific purpose of this 1 See City of Milpitas Housing Element 2023-2031, Appx. E: Future Housing Needs, p. E-31.
June 12, 2026
letter is to highlight the Project’s robust protections under state housing law, and to explain how and why the Project qualifies for SDBL waiver benefits.
Collaboration with Staff and Community Members
As explained further in the Applicant’s letter, the Applicant has been engaged with staff and the community through the Project design and approval process. The Applicant monitored the MGSP adoption process to prepare the Project consistent with the MGSP and has worked with staff to address a variety of design issues. At the May 27, 2026 Planning Commission meeting, community members and commissioners raised several questions about trees and the trash enclosure. Since then, the Applicant has followed up with community members, worked with staff on adjustments and refinements, and now provides a detailed explanation of its efforts and the rationale for the Project’s final design of the trash enclosure. This more than satisfies state law, as described below.
We also appreciate the City Attorney and staff’s willingness to work through concerns regarding the Conditions of Approval, which have now been successfully resolved.
State Housing Law
The Project qualifies as a “housing development project” under the Housing Accountability Act (HAA)2and is also included on the City’s Housing Element Sites Inventory.3 The Applicant submitted a Preliminary Application pursuant to the Housing Crisis Act (SB 330) that was complete on January 7, 2026,4and has submitted a Density Bonus Permit Application for benefits under the State Density Bonus Law (SDBL),5described further below. As a result, the Project benefits from a variety of state law protections. These include that the Project shall only be subject to standards, policies, and requirements in effect as of the SB 330 Preliminary Application date, including fee rates.6 Only mandatory, objective requirements can be imposed on the Project.7 Unless an exception applies, fee payments cannot be required until final inspection or certificate of occupancy, whichever occurs first.8 The Applicant’s development rights and entitlements are subject to vesting pursuant to SB 330, which lasts for two (2) and one half years from and after the date of issuance of the “final approval” for the Project, 9 where “final approval” is defined as the
date when “the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits.”
10 2 Gov. Code § 65589.5(h)(2).
3 See City of Milpitas Housing Element 2023-2031, Appx. E: Future Housing Needs, p. E-31. 4 See Gov. Code §§ 65589.5, 65941.1.
5 Gov. Code § 65915.
6 Gov. Code § 65589.5(o).
7 Gov. Code § 65589.5(f).
8 Gov. Code § 66007.
9 Gov. Code § 65589.5(o)(2)(D).
10 Gov. Code § 65589.5(o)(2)(D).
June 12, 2026
The Project complies with all objective standards, which is not negated by the use of SDBL waivers and concessions.11 As a result, the City cannot deny the Project or impose requirements that would reduce project density unless it identifies specific health or safety impacts that cannot be mitigated.12 No such impacts exist for this Project, and there is no such evidence in the staff report, prior reports and records of the May 27, 2026 Planning Commission Meeting, or in the environmental analysis for the Project.
State Density Bonus Law – Waivers #2 and #9 (Trash Enclosure) As previously described in our April 23, 2026 State Density Bonus Law letter, the Project requires one (1) concession and ten (10) waivers from development standards. That letter further describes the requested concession and waivers, and the legal bases for the requests and City approval.
The purpose of this section is to provide greater detail on the limited requirements for the Applicant to request a waiver with respect to Waivers #2 and #9, which are required for the location of the Project’s trash enclosure. The Project is entitled to “a waiver or reduction of development standards that will have the effect of physically precluding the construction of a development . . . at the densities or with the concessions or incentives permitted [by the SDBL],” and there is no limit on the number of waivers that may be sought.13 The Applicant is required to list requested waivers and provide an “adequate explanation of why the development standard for which any waiver is sought would have the effect of physically precluding the construction of the housing development,” but the SDBL does not allow cities to require “additional reports or studies.”14 Cities can request “reasonable documentation” such as a list of requested waivers and the reduction in density that would result from the denial of each waiver, but cannot require reports, drawings and elevations, consultants, or alternative designs to justify the waiver request.15 Ultimately, the burden is on a city, not an applicant, to approve a waiver unless it results in a “specific, adverse impact” “upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact,” the waiver would have an “adverse impact” on a historic resource, or the waiver “would be contrary to state or federal law.”16 Here, our April 23, 2026 State Density Bonus Law letter identifies the requested waivers for the location of the trash enclosure and the loss of units that would result otherwise. The Applicant has also described in their letter the multiple conflicts that arise from locating the trash enclosure elsewhere, submitted plans identifying these conflicts, and described intensive collaboration with 11 § 65589.5(j)(3)).
12 Gov. Code § 65589.5(j).
13 Gov. Code § 65915(e).
14 Gov. Code § 65915(a)(2); HCD, City of Baldwin Park Letter of Technical Assistance (November 13, 2025), p. 4 15 HCD, City of Encinitas Notice of Violation (March 25, 2021), p. 5; HCD, City and County of San Francisco Notice of Violation (December 29, 2022), p. 2; HCD, City of Encinitas Notice of Violation (January 20, 2022), p. 3; HCD, City of Jurupa Valley Notice of Potential Violation (November 12, 2024), p. 2; see also Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346-1347.
16 Gov. Code § 65915(e)(1); HCD, City of Encinitas Notice of Violation (March 25, 2021), pp. 3-4; see also Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, 556.
June 12, 2026
Planning staff and outreach with community members to identify if any alternative locations were possible. This goes above and beyond state law requirements, and more than satisfies the Applicant’s obligation to demonstrate the need for the waiver. Further, there is no indication in staff reports or environmental analysis that any health and safety impact or another rationale exists for denying the waivers requested.
Thank you for your consideration of the Project. We respectfully request that you approve the Project and are deeply appreciative of City staff’s hard work and cooperation. The Applicant looks forward to bringing the Project to fruition to realize the MGSP and satisfy the City’s Housing Element commitments
Sincerely yours,
HOLLAND & KNIGHT LLP
Tamsen Plume
cc: Christopher Creech, Assistant City Attorney
Caroline Layden, The Sobrato Organization
Nathaniel Bernstein, Holland & Knight
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Review and Approve the Proposed Storefront Crime Prevention Program (Staff Contact: Madison Nguyen, Interim Economic Development Director, 408-586- 3046)
Category: Community Development
Meeting Date: 6/16/2026
Recommendation: Approve the proposed Storefront Crime Prevention Program strategy BACKGROUND:
On December 2, 2025, City Council allocated $100,000 of one-time funds to support a Storefront Crime Prevention business initiative. Staff have developed an implementation strategy for the City Council’s review and consideration. The program is designed to provide financial assistance to small businesses, defined as twenty-five (25) or fewer employees, for security-related physical improvements to mitigate property damage, vandalism, and retail theft.
Small businesses constitute approximately 90% of all enterprises in Milpitas. Unlike larger corporations, small businesses often lack sufficient capital reserves to recover from repetitive property damage or invest in highend security infrastructure. The initiative is designed to help bridge that gap by funding physical security enhancements to mitigate the impacts of burglary, vandalism, and retail theft.
ANALYSIS:
The financial framework for this initiative is based on a total funding pool of $100,000. The proposed eligible item for funding is the purchase and installation of shatterproof window film, with an estimated cost of $230 per 48” x 25’ roll. The installed cost of the material is estimated at $10 to $12 per square foot, and $5 per linear foot of caulking where necessary. Individual businesses could be eligible for up to a $4,000 grant covering both materials and installation, which enables the program to support a minimum of 25 projects. This balances the needs of any single business while maintaining the program's goal of maximizing reach. Grants are capped at $4,000 per business; costs for larger storefronts may exceed this cap, with out-of-pocket costs determined by the size of each business's windows and doors. Storefront glass requirements can range from 90 square feet for smaller shops to upwards of 500 square feet for larger retail spaces.
Staff conducted an analysis of various security deterrents, including bollards, roll-down metal gates, and surveillance systems. Shatterproof window film was identified as the most viable security improvement that can be implemented by a program of this scale for the reasons detailed below:
• Cost Efficiency and Scalability: The window film option allows the City to maximize the $100,000 allocation. This enables the program to serve a greater number of small businesses, whereas more expensive structural options (like bollards and roll-up doors) might fund significantly fewer projects. • Passive Deterrence and Delayed Entry: Security film does not stop glass from shattering; however, it is engineered to hold glass shards together upon impact. By preventing “smash-and-grab” entry, it forces intruders to spend significantly more time and effort to gain access to a business. This may lead to the intruder abandoning the attempt before they are able to enter the business. Additionally, security film can provide a “transparent shield” without the less desirable appearance of solutions like metal bars. • Operational Continuity: Traditional glass breakage results in high clean-up costs and temporary business closures. Window film helps maintain the structural integrity of the storefront even after an attempted breach, allowing businesses to remain operational while awaiting permanent glass replacement.
• Reduced Administrative Burden: Unlike roll-down doors or exterior bollards, window film would not require permits from the Building Department or an architectural review.
Outreach to the Business Community
Since 2023, 996 property-related crimes have been reported in the areas around Milpitas’ shopping centers. In 2025 alone, 305 property crime cases were recorded. Staff conducted in-person outreach to a variety of small businesses in the city to assess interest in the Storefront Crime Prevention Program and in the window film option. Contacted businesses were broadly supportive of the proposed shatterproof window film approach, with several citing recent break-ins and the high cost of glass replacement. If City Council approves the proposed program, staff will execute a comprehensive outreach strategy to all small businesses in the city that will include direct in-person outreach and digital outreach to notify potential applicants of the program.
Eligibility Requirements
To ensure funds are used effectively and legally, applicants must meet the following criteria:
• Must be a for-profit small business located within Milpitas city limits • Employ 25 or fewer people
• Operate a physical storefront with windows that are potential points of entry • Must possess a valid Milpitas Business License and have no outstanding City code violations Application Process
Staff will conduct direct in-person outreach and leverage the City’s digital marketing channels to raise awareness about the program and encourage businesses to apply. The proposed application process is detailed below:
How to Apply
1. Confirm eligibility and review program guidelines.
2. Complete the fillable PDF application that includes the size of windows and provide a copy of the active Business License to [email protected].
3. The Office of Economic Development will confirm eligibility and determine grant award.
Implementation
The City will enter into a contract with a vendor to both purchase and install the shatterproof window film for approved applicants. The value of each grant will vary, as different businesses have different needs depending on storefront and window sizes. This approach would require the City to launch a competitive bidding process, per the City’s municipal code, due to the program’s value. It will not require businesses to pay up-front costs for the purchase and installation of the materials. The resulting agreement will be executed under the City Manager's purchasing authority.
POLICY ALTERNATIVE(S):
Alternative 1: Reduce the maximum grant amounts to allow for the program to support a larger number of small businesses.
Pros: Increases the potential number of businesses that the program can benefit.
Cons: This option may result in small businesses with larger physical storefronts having to pay a portion of the cost of materials and/or installation.
Reason for Not Recommending: Requiring upfront capital may introduce a financial barrier for some businesses, ultimately risking reduced program adoption and inequitable outcomes.
Alternative 2: Do not approve the strategy as presented and request that Staff return with an alternative implementation strategy for consideration.
Pros: Allows Council to direct staff toward different security improvements or program structures.
Cons: This option will delay the launch of the Storefront Crime Prevention Program.
Reason for Not Recommending: Staff evaluated multiple security improvements and identified window film as the most cost-effective and scalable option that does not require Planning or Building permits; returning with an alternative strategy would delay assistance to businesses without a clear benefit.
PROJECT SCHEDULE/KEY MILESTONES
Pending City Council approval, staff will launch the competitive bidding and vendor selection process. Once a vendor is selected, approved, and under contract, staff will launch a marketing campaign. Staff is targeting an October 2026 start date for the program, which will continue until appropriated funds are exhausted. Staff will provide a report to City Council on outcomes after one year of implementation that will include performance indicators such as conversion rates, completed projects, and qualitative data from the business community.
FISCAL IMPACT:
On December 2, 2025, the City Council appropriated $100,000 in one-time funds for the Storefront Crime Prevention Program. Sufficient funds are available, and no additional appropriation is required to implement the program.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This item is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b).
ATTACHMENT(S): None.