![Page 1: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/1.jpg)
AGENDA ITEM: ____
MILPITAS PLANNING COMMISSION
STAFF REPORT MAY 8, 2019
APPLICATION: Adimar Place - New Multi-Family Residential Apartment
Building - Site Development Permit No. (SD19-0003) and
Conditional Use Permit No. (UP19-0002). An application for a
Site Development Permit and Conditional Use Permit to allow
development of a four-story, 72-unit residential apartment complex,
up to 50 feet in height, with five detached buildings, a below-ground
parking garage with space for 153 vehicles (including 20 tandem
spaces), and an extended front setback of 77 feet parking on a 1.79-
acre site located at 91 Montague Expressway.
RECOMMENDATION: Staff recommends that the Planning Commission consider the
finding of consistency with the Addendum to the Milpitas
Midtown Specific Plan Environmental Impact Report
(Resolution No. 8588) in accordance with the California
Environmental Quality Act (CEQA) and adopt Resolution No.
19-015 approving Site Development Permit No. (SD19-0003)
and Conditional Use Permit No. (UP19-0002) subject to the
attached Conditions of Approval
LOCATION: Address/APN: 91 Montague Expressway (APN 086-34-023)
Area of City: South of Great Mall Parkway, north of Montague Expressway and
east of South Main Street
PEOPLE:
Project Applicant: 99 Homes, LLC
Property Owner: 99 Homes, LLC
Project Planner: Michael Fossati, Senior Planner
LAND USE: GP Designation: Multi-Family Residential, Very High Density (VHD)
Midtown SP Designation: High Density Transit Oriented Residential (R4)
Zoning District: High Density Transit Oriented Residential (R4)
Overlay District: Site and Architectural Overlay District (-S)
Site Area: 1.79 acres
ENVIRONMENTAL: The proposed Project is consistent with the Addendum to the
Milpitas Midtown Specific Plan Environmental Impact Report
(Resolution No. 8588) approved by the City Council on September
20, 2016 pursuant to Public Resources Code Section 21166 and
CEQA Guidelines Section 15168 (Projects consistent with a
![Page 2: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/2.jpg)
Page 2 of 18
Specific Plan). As a separate and independent basis, the Project is
also exempt from further environmental review in accordance with
CEQA Guidelines Section 15183 (Projects Consistent with a
Community Plan, General Plan or Zoning) and Section 15182
(Projects Consistent with a Specific Plan).
PROJECT DESCRIPTION_______________________________ The applicant is requesting a Site Development Permit and Conditional Use Permit (“CUP”) to
construct a four-story, 72-unit residential apartment complex, with five detached structures up to
50 feet in height, on a 1.79-acre site located at 91 Montague Expressway. The project will include
a below-ground shared parking garage and surface parking with 153 parking spaces with all five
buildings connected by a common hallway. The project includes private and shared open spaces
consisting of an entry courtyard, two additional interior courtyards, private patios/balconies on
each unit, on-site guest parking, and associated landscape improvements. The Site Development
Permit is required to allow the development of the new buildings and underground parking garage.
A CUP is required for the proposed tandem parking within the garage (20 spaces out of a total of
153 spaces) and a greater front setback (77 feet) than the standard 15 feet.
Figure 1
Site Plan
The following exhibits show the project location and existing zoning designation.
![Page 3: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/3.jpg)
Page 3 of 18
Map 1 Project Location
![Page 4: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/4.jpg)
Page 4 of 18
Map 2. Project Zoning Map
BACKGROUND
![Page 5: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/5.jpg)
Page 5 of 18
History
Ion August 3rd, 2016, the Planning Commission made a recommendation to City Council approve
an application for a Site Development Permit, Conditional Use Permit, and Tentative Tract Map
to allow the development of a 72-unit residential condominium building at this site, with one-level
of below-ground, shared parking, associated landscaping and site improvements. These previous
approvals were valid for two years and expired on September 20, 2018. The project changed
ownership, and the new developer (“99 Homes, LLC”) proposes to develop the same 72-unit
residential project.
The Application
The applicant submitted a formal application on February 25, 2019, for the development of the
site, which includes the following entitlements:
1. Site Development Permit: To evaluate the proposed site layout, building massing, and
architectural design for conformance with applicable development policies and regulations
in the Milpitas General Plan, Milpitas Midtown Specific Plan, and the Zoning Ordinance.
2. Conditional Use Permit (CUP): To allow 20 tandem parking spaces and a front setback of
77 feet, when 15 feet is the maximum required, as an exception to the City’s parking
standards.
If the Site Development Permit and Conditional Use are approved, the applicant intends to submit
a subsequent application for approval of a Conditional Use Permit Amendment and Tentative Tract
Map to subdivide the property in to 72 condominium units. That application will be reviewed by
Planning Commission at a future public hearing. All tract map subdivisions require City Council
approval.
PROJECT DESCRIPTION
Overview
The proposed project is located on a vacant 1.79-acre parcel bounded by a private street, Ede Lane
to the north, Union Pacific Railroad tracks to the east (with a high density residential development
beyond the tracks), Montague Expressway to the south, and an existing high density residential
development to the west.
The subject property is zoned Multi-Family Residential, Very High Density (R4), and is located
within the Milpitas Midtown Specific Plan area. See Table 1 for details:
Table 1:
Project Site Summary
General Plan Designation VHD – Very High Residential (31-40 units/acre)
Specific Plan / Zoning Designation R4 – Very High Density Multi-Family Residential
Site Size 1.79 acres
Present Use Vacant
Surrounding Zoning and Uses
![Page 6: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/6.jpg)
Page 6 of 18
North:
South:
East:
West:
Multi-Family Residential, Very High Density Residential;
Industrial, City of San Jose
Multi-Family Residential, Very High Density
Multi-Family Residential, Very High Density
Access Site access is directly from Montague Expressway.
The proposed project requires a Site Development Permit to allow the development of a 72-unit
residential project with five detached buildings over a one-level underground parking garage. The
site design includes two common open space courtyard areas that contain landscaping, outdoor
seating areas and barbeques. The buildings have a maximum height of 50 feet. The residential
units would contain one to three bedrooms; each residential unit would be between approximately
838 and 1,860 square feet. See Table 2 for residential unit specifications:
Table 2
Residential Unit Description
Number of
Bedrooms
Approximate
Square Footage
(sq. ft.)
Total Number of
Unit Type
Percent of
Total (%)
3 1,517 to 1,860 18 25
2 1,100 to 1,243 26 36
1 838 to 1,063 28 39
TOTAL -- 72 100
The project also requires a CUP to allow tandem parking and an exception to standards regarding
the front setback, as allowed per Milpitas Municipal Code (“MMC”) Section XI-10-53.07 (D) and
MMC Section XI-10-4.05(D)(2)(b)
Location and Context
A project site is completely vacant of permanent structures. All existing structures and vegetation
will be cleared. The project site is located at the southernmost portion of the Milpitas Midtown
Specific Plan and is zoned Multi-Family Residential, Very High Density (R4).
PROJECT ANALYSIS
General Plan Conformance
The General Plan designation for the project site is Multi-Family, Very High Density (VHD),
which is implemented with a zoning designation of Multi-Family, Very High Density (R4). The
use of the project site is in conformance with the City’s General Plan and Zoning in terms of land
use and development standards. The Multi-Family, Very High Density land use designation
promotes a compact urban form and a variety of housing opportunities. This land use designation
establishes a minimum density of 31 dwelling units per acre and a maximum density of 40 units
per acre. The proposed project is consistent with the General Plan land use designation as shown
in Table 3:
![Page 7: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/7.jpg)
Page 7 of 18
Table 3:
General Plan Consistency
Policy Conformance
2.a-G-3Provide for a variety of
housing types and densities
that meet the needs of
individuals and families.
Consistent: The project provides a variety of rental
housing types by incorporating one-, two- and three-
bedroom units into the overall project.
2.a-G-7When considering
development proposals, seek
“community benefit”, such as
upgrading infrastructure
facilities, constructing new
infrastructure facilities, and
funding contributions to
programs.
Consistent: The project would install and upgrade
existing infrastructure, including an extension of the
existing extra-wide sidewalk along the entire
Montague frontage and continuing westbound past the
UPRR railroad tracks to connect with the existing
sidewalk on the other side.
2.a I-2 Promote development within
the incorporated limits which
acts to fill-in the urban fabric
rather than providing costly
expansion of urban services
into outlying areas.
Consistent: The project is located in an urbanized
area on Montague Expressway and within the
Midtown Specific Plan Area. The design of the project
is consistent with existing high density residential
development in the surrounding area.
2.a-I-30 Require development in the
Midtown area to conform to
the adopted design
guidelines/requirements
contained in the Midtown
Specific Plan
Consistent: The project conforms to the all design
guidelines of the Midtown Specific Plan, with the
exception to the front setback. The proposed setback
is consistent with residential development along
Montague Expressway (and located within the
Midtown Specific Plan). The project includes a public
benefit of extending frontage improvements past the
side property lines and across the Union Pacific
Railroad tracks to the east, in order to complete
sidewalk connectivity along a key segment of
Montague Expressway, as permitted per Section 8-4 of
the Midtown Specific Plan.
Midtown Specific Plan / Zoning Conformance
The project at 91 Montague Expressway is located in the Midtown Specific Plan (“Midtown”) area
and located within the R4 zoning district. The following tables (“Table 4”) and (“Table 5”)
demonstrate the project is consistent with the Midtown policies and development standards:
![Page 8: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/8.jpg)
Page 8 of 18
Table 4:
Midtown Specific Plan Consistency
Goal or Policy Consistency Finding
Policy 3.4 Establish a minimum density
of 31 units/gross acre in the
multifamily, very high-density area
and a maximum of 40 units/gross
acre.
Consistent: The project would achieve 40
units per acre, the maximum allowable
residential density within Midtown.
Policy 3.5 Provide housing for all income
levels throughout the Midtown area.
Consistent: The project includes a variety of
housing sizes, including one-, two-, and three-
bedroom residential units, with units ranging
from 838 square feet to 1,800 square feet in
size.
Policy 4.16 Provide secure and weather
protected bicycle parking facilities at
the transit stations and within new
residential, retail and employment
destinations.
Consistent: The project includes both long
and short-term parking facilities to a total of 38
bicycles. Storage for 28 of those 38 bicycles
can be secured within a weather-protected
room within the underground garage.
Policy 5.2 Design buildings to create an
attractive streetwall which defines and
activates the street space.
Consistent: The project includes a well-
designed front façade which manages its
massing with varying rooflines, modern
window systems with horizontal and vertical
alignments, complimentary building sizing
with adjacent residential development along
Montague Expressway, a front street wall and
associated landscaping that is located close to
the sidewalk. The wall and associated
landscaping compliments both the public
realm including the pedestrian walk and
residential building through its consistent
color, lower height, stucco finish, and large
tree plantings adjacent to Montague
Expressway.
Goal 1 Circulation Goal: Improve the
viability of the pedestrian, bicycle and
transit systems.
Consistent: The project will install sidewalks
and landscaping, as required by City codes,
along the entire Montague frontage. The
sidewalk will extend past the property line and
across the UPPR railroad tracks to connect
with the existing sidewalk. This will enhance
![Page 9: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/9.jpg)
Page 9 of 18
pedestrian connectivity in this area and to
nearby transit.
Table 5:
R4 Zoning Development Standards
Standard Requirement Project Specifications Compliance
Lot Area, Minimum None 1.79 acres Yes
Lot Width, Minimum None Approximately 158’ Yes
Density (min-max) 31 - 40 du/ac in TOD 40 du/ac Yes
Front Yard Setback
(min? max? pls
specifiy on all of
these)
8-15 ft. from back of
sidewalk
Exception allowed per
CUP – see City Code
Section XI-10-4.06(3)(b)
77 ft. from back of
sidewalk
Yes (with
CUP)
Side Yard Setback 10’ 10’ (left) and 26’ (right) Yes
Rear Yard Setback 10’ 10’ Yes
Parking
One-Bed – 42 spaces
Two-Bed – 52 spaces
Three-Bed – 36 spaces
Guest – 20 spaces
Total – 150
153
(includes 20 Tandem
Spaces)
Yes (with
CUP)
Building Height 60’ 50’ Yes
Max # of Stories 4 Stories 4 Stories Yes
As demonstrated within the tables above, the project is the Midtown Specific Plan and the
associated zoning standards for the R4 district, with the exception of the front setback. The front
setback inconsistent with the development standards can be approved via the CUP process, in order
to provide maximum flexibility in meeting the intent of the specific plan. Findings for the
recommendation of approval for the can be found within the Findings for Approval section of this
report.
Conditional Use Permit
As detailed in Tables 4 and 5 above, the project complies with the development standards of the
Midtown Specific Plan R4 zoning district, with the exception of the following two items, which
both require approval of a CUP:
![Page 10: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/10.jpg)
Page 10 of 18
Front setback greater than 15 feet (requested setback of 77 feet).
Tandem parking for 20 of the 153 parking spaces (approximately 13%).
Front Setback: Although the project is within Midtown, its actual location is along Montague
Expressway, a major roadway along the periphery of the City. The Midtown Specific Plan
provides a standard 15-foot front setback to encourage properties along Main Street to develop in
a manner that is appropriate for a narrower, less busy street. Because the project site fronts onto a
heavily used corridor for automobile travel a landscaped setback of 77 feet adjacent to Montague
Expressway would create a better overall project design at this location.
Tandem Parking: The configuration of the property doesn’t offer flexibility to provide single-car
parking spaces without limiting the overall space count. By allowing a limited number of tandem
parking spaces, the project can adequate parking facilities for tenants and guests within the space
available. As noted above, the minimum parking requirement for the proposed project is 150
spaces, and the proposed site plan includes 153 spaces, with 20 tandem spaces (approx. 13%)
Findings for recommendation of approval of the CUP associated with the project can be found
within the Findings for Approval section of this staff report.
Site & Architectural Design
The building layout and architectural design are consistent with Chapter 8 (Design Guidelines) of
the Midtown Specific Plan, as discussed below:
Multi-family development has the primary building entrance oriented toward the street to
ensure a strong relationship to the community;
Exterior walls contain a consistent style and employ materials and articulation to create
shadow lines and avoid large blank walls;
Variations in roof heights and vertical planes reduce the appearance of bulk and create a well-
defined base by utilizing thicker walls and richly textured materials;
Main entrance and façade incorporates a large courtyard area for visitors and residents;
Extensive hardscaping and landscaping soften building exteriors and provide useable outdoor
space (See Landscaping and Open Space Design within this report);
Approximately 100 square feet of balcony and/or patio space per residential unit;
Building colors and materials include earth tones (e.g. dark ceramic gray tile at the base and
painted plaster on the majority of the exterior walls above the tile base) with a color accent of
vertical ribbed blue metal siding to create visual interest; and
Streetscape and pedestrian amenities provide a walkable frontage with street trees and
landscaping between the sidewalk and building frontage.
See Figure 2 is a conceptual front elevation of the proposed development:
![Page 11: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/11.jpg)
Page 11 of 18
Figure 2.
Elevation of 91 Montague – Adimar Place
Parkland, Trees and Landscaping
The project is compliant in its parkland contribution, as demonstrated within Table 6 below:
Table 6
Park/Open Space Requirement
Units 72 units
Residents per Unit (avg.) 2.49 people per unit
Total Population 179 people
Park/Open Space Standard (sq. ft./person) 152 sq. ft.
Total Land Required 0.62 acres (27,208 sq. ft.)
Recreational Open Space Provided (private
and public)
0.30 acres for private / 0.0 acres for public
Remaining Park/Open Space Needed 0.33 acres or $912,962 (in-lieu fee)
![Page 12: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/12.jpg)
Page 12 of 18
As demonstrated above, the project is requires an park/open space dedication of 0.62 acres..
Parkland and open space comes in multiple forms, and may include balconies, porches, landscape
strips, trails, and active and passive recreational areas.
Approximately 0.30 acres of private open space have been incorporated into the project. This
includes the proposed porches and balconies for the residents, as well as the two courtyards within
the middle of the development, designed with recreational amenities such as seating, tables, and
places to barbeque.
The applicant will pay an in-lieu fee of $912,962 to account for the remaining parkland and open
space requirement for this project, as provided in Section XI-10-4.05(D)(1)(a) of the Zoning
Ordinance.
There are currently no protected trees on the site. Landscaping for the project will include up to
49 new trees, including species such as London Plane, Jacaranda, Strawberry, and Bronze Loquat,
as well as abundant shrubs and ground cover. The proposed courtyards will feature permeable
pavers, with trees intermittently planted throughout the area.
Signage
To date, the applicant hasn’t determined if they will install signage for the project. Therefore, a
condition has been added to the resolution to require that any new signage meet the development
standards per Section XI-10-24.04 of the Zoning Ordinance. Conformance with signage design
standards can be confirmed as part of a staff-level Minor Site Development Permit at the time of
sign permit issuance.
Traffic, Access and Street Improvements
The City’s Traffic Engineer and the City’s environmental consultants reviewed the proposed
project and did not identify any significant traffic capacity issues. A three-step process was used
to estimate traffic generated by the proposed project and potential impacts to nearby locations: 1)
trip generation, 2) trip distribution, and 3) trip assignment. Trip generation estimates for the
proposed project are based on rates obtained by the Institute of Transportation Engineers’ (ITE)
publication Trip Generation, 10th Edition. It is estimated that the project would generate 479 trips
per day, with 40 trips occurring during the AM peak hour and 48 trips occurring during the PM
peak hour. Based on the estimated project trip generation, the proposed project would not cause
significant traffic impacts to the surrounding area.
Parking
In accordance with Section XI-10-53.09 of the Zoning Ordinance, the project requires 150 parking
spaces. The applicant has proposed 153 parking spaces within a below-grade parking structure
under the residential units. Table 7 provide a breakdown of parking for the proposed project:
Table 7
Parking Analysis
Parking (residential requirement) 130
Parking (visitor requirement) 20
![Page 13: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/13.jpg)
Page 13 of 18
Total Parking provided 153
Minimum Parking Required 150
Along with vehicle parking, the project includes motorcycle and bicycle parking. There are 14
motorcycle parking spaces located within the garage, and a total of 28 bicycle parking spaces in
the secured bicycle storage area within the garage. An additional 10 uncovered bicycle spaces
would be provided near the front entrance of the project.
Grading, Drainage and Stormwater
The project is subject to on-site stormwater retention and pre-treatment requirements under the
Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The Stormwater
Control Plan for this project includes permeable pavers within the courtyards and a bio-retention
basin at the southern portion of the project. Treatment types include self-retaining soil or media
filters. Grading of the site will be limited since the site is relatively flat and has been previously
developed.
Utilities / Solid Waste
The proposed project includes trash rooms distributed throughout the development. Recyclables
will be brought down to the trash rooms separately. Conformance with the City’s Trash Collection
Design Standards and utility installation requirements will be confirmed prior to issuance of a
building permit.
Public Art
In accordance with Section XI-10-14.03 of the Zoning Ordinance, the applicant is required to
devote an amount not less than one-half of one percent of Building Development Costs for
acquisition and installation of Publicly Accessible Art on the development site. At the discretion
of the developer, they may pay an in-lieu fee to be deposited into the City’s Public Art Fund for
acquisition and placement of Public Art throughout the City. The Resolution includes a condition
of approval requiring compliance with the Public Art Ordinance prior to building permit issuance.
Affordable Housing
In accordance with Section XII-1-3.00 of the Milpitas Municipal Code, all development projects
of 10 units or more shall dedicate 15% of the total number of units within the development as
affordable units or pay an in-lieu fee into the City’s Affordable Housing Fund.
The applicant desires to pay the in-lieu fee rather than reserve the 11 on-site affordable units that
would otherwise be required. The fee amount has not been determined at this time. The Resolution
includes a condition of approval requiring compliance with the City’s Affordable Housing
Ordinance prior to building permit issuance.
Climate Action Plan
The City’s Climate Action Plan (CAP), adopted on May 13, 2013, requires discretionary projects
to incorporate at least two (2) sustainable development measures or actions within the project
design to reduce Greenhouse Gas Emissions. Table 8 identifies the measures incorporated into the
proposed project the meets this requirement::
![Page 14: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/14.jpg)
Page 14 of 18
Table 8:
Climate Action Plan Measures and Actions
Measure
Action
Applicability
Compliance
3.1 –
Renewable
Energy in
New
Development
Require all new
single-family and
multi-family
residential
development to
comply with the
Homebuyer Solar
Option, such as
providing pre-wiring
for photovoltaic roof
Project includes pre-
wiring and Solar
Ready Area
Calculations for
potential Solar Panel
Installation.
Yes No N/A
7.5 – Bicycle
Parking
Create new
development
standards to support
bicycle-parking
requirements
Project includes a
total of 38 bicycle
parking spaces (long
and short-term)
Yes No N/A
7.2 –
Complete
Streets
Require infill
development to
complete sidewalk
connection and
provide pedestrian
amenities, including
shading, benches,
and landscaping
Project includes the
extension of
sidewalk and
landscaping along
Montague
Expressway, and the
improvements will
extend continue
across the UPRR
tracks to connect
with the existing
sidewalk.
Yes No N/A
The project will comply with the Cal Green Building Standards, which provide for greater energy
efficiency and reductions in greenhouse gas emissions in new construction.
Public/Community Benefits
The applicant suggests that the following public/community benefits warrant the City’s
consideration of an exception to the development standards to allow a greater front setback of 77
feet for the proposed project.
Pedestrian and Bicycle Amenities. The project includes the following pedestrian and
bicycle amenities to support multi-modal transportation in the area:
![Page 15: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/15.jpg)
Page 15 of 18
o New Sidewalk – The proposed project includes frontage improvements on
Montague Expressway that will connect existing sidewalks on either side of the
project site, including an off-site extension across adjacent UPRR tracks to the east.
The proposed improvements will complete the sidewalk between South Main Street
and McCandless Blvd. and create uninterrupted bicycle and pedestrian access to
nearby transit and public trails.
o Secure Resident Bicycle Parking- The proposed project includes 28 secure bicycle
parking spaces within an on-site bicycle room located in the parking garage.
o Short-Term/Visitor Bicycle Parking- The proposed project includes 10 additional
spaces for short-term bicycle parking in front of the building.
Appropriate Design. Less than one percent of the land located within the Midtown
Specific Plan are located adjacent to Montague Expressway, a heavily traveled vehicular
corridor, which requires an 8 – 15 foot front setback for all high density residential projects.
The project incorporates an 77 foot front setback, giving necessary relief to a pedestrian
using the sidewalk. A greater building setback of 77 feet is preferred along Montague
Expressway to provide a buffer between heavy traffic on the busy roadway and the
proposed residential development. The setback will provide space for additional
landscaping and give necessary relief to a pedestrian using the sidewalk.
FINDINGS FOR APPROVAL
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.
Site Development Permit
To approve the Site Development Permit, the following findings must be made pursuant to Section
XI-10-57.03(F) of the Zoning Ordinance:
1. The layout of the site and design of the proposed buildings, structures and landscaping are
compatible and aesthetically harmonious with adjacent and surrounding development.
The project proposes five interconnected multi-family structures in varying heights and
residential density consistent with the existing multi-family developments adjacent to the
site. The architectural design includes a standing seam metal roof, exterior stucco walls in
earth-tone colors, a horizontal and vertical detailed window system, and vertical ribbed
metal siding tower components to add architectural interest within the development.
Overall, the project design is aesthetically harmonious with surrounding development and
features a robust landscape plan to enhance pedestrian activity along the frontage facing
Montague Expressway.
![Page 16: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/16.jpg)
Page 16 of 18
2. The project is consistent with the Milpitas Zoning Ordinance.
The proposed project, including the high-density residential use, site design, and
architectural features are consistent with the Milpitas Zoning Ordinance, as demonstrated
and outlined in Table 5 above.
3. The project is consistent with the Milpitas General Plan.
The proposed project, including the high-density residential use, site design, and
architectural features are consistent with the Milpitas General Plan, as demonstrated and
outlined in Table 3 above.
4. The project is consistent with the Milpitas Midtown Specific Plan.
The proposed project, including the high-density residential use, site design, and
architectural features are consistent with the Milpitas Midtown Specific Plan, as
demonstrated and outlined in Table 4 above.
Conditional Use Permit
To approve the Conditional Use Permit, the following findings must be made pursuant to Section
XI-10-57.04(F)(1) and XI-10-4-05(D)(b) of the Zoning Ordinance:
1. The proposed use, at the proposed location will not be detrimental or injurious to property
or improvements in the vicinity nor to the public health, safety, and general welfare
The proposed project requires a Conditional Use Permit to allow an exception to the front
setback and the use of tandem parking within the parking garage. The proposed exceptions
will not be detrimental or injurious to property or improvements in the vicinity of the
project, nor to the public health, safety, and general welfare of the community, given that
a greater front setback will buffer the proposed project from potential impacts associated
with heavy traffic along Montague Expressway. A greater setback is also consistent with
the design of surrounding residential development. With regard to the request for tandem
parking, the configuration of the property limits flexibility in design of the parking garage
when only standard single-car parking spaces are used. The tandem parking option for a
limited number of spaces allows the project to meet the City’s parking requirements,
including guest parking on the site.
2. The proposed use is consistent with the Milpitas General Plan; and
The proposed project, including the high-density residential use, site design, and
architectural features are consistent with the Milpitas General Plan, as demonstrated and
outlined in Table 3 above.
![Page 17: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/17.jpg)
Page 17 of 18
3. The proposed use is consistent with the Milpitas Zoning Ordinance; and
The proposed project, including the high-density residential use, site design, and
architectural features are consistent with the development standards of the Milpitas Zoning
Ordinance, as demonstrated and outlined in Table 5 above.
4. The proposed use is consistent with the Milpitas Midtown Specific Plan.
The proposed project, including the high-density residential use, site design, and
architectural features are consistent with the Milpitas Midtown Specific Plan, as
demonstrated and outlined in Table 4 above.
5. The exceptions meet the design intent identified within the Milpitas Midtown Specific Plan
and do not detract from the overall architectural, landscaping and site planning integrity
of the proposed development.
The design intent of the project includes a contemporary project that incorporates ample
front landscaping and building siting consistent with neighboring development. The
proposed exception from relief of the front setback maximum allows greater consistency
with adjacent residential design, instead of detracting from the integrity of architecture,
landscaping and site planning as recommended by the Midtown Specific Plan.
6. The exceptions allow for a public benefit not otherwise obtainable through the strict
application of the specified standard
The project includes off-street improvements that provide complete connectivity for
pedestrians and bicyclists along the southern portion of Milpitas, between South Main
Street and McCandless Drive, and attaches two existing monolithic sidewalks along the
project site, as well as the portion of land owned by the UPRR, and outside the project’s
property boundary. Additional benefits include secured long-term bicycle parking
incorporated into the project, short-term bicycle parking for residents, and an appropriately
scaled front setback to add relief to the pedestrian experience, by incorporating additional
landscaping and a high quality street wall adjacent to the heavily congested public right-
of-way.
7. The project design in its totality does not adversely impact adjoining properties to a greater
degree than a project that complies with all development standards. Impacts to be
considered include: access to sunlight, views, shadows on parks and open space, privacy,
and noise.
The project is a multi-family development with site design and architectural design features
that complement other residential developments in the area. The project complies with
current height and bulk standards as well as side and rear setbacks in the Milpitas Midtown
Specific Plan and Zoning Ordinance. Robust landscaping along the western and northern
boundaries of the project site is intended to mitigate potential impacts to privacy of adjacent
developments.
![Page 18: MILPITAS PLANNING COMMISSION STAFF REPORT · 2019. 5. 6. · The following exhibits show the project location and existing zoning designation. Page 3 of 18 Map 1 Project Location](https://reader035.vdocuments.mx/reader035/viewer/2022071016/5fcf1140a035e10a2a5c73ce/html5/thumbnails/18.jpg)
Page 18 of 18
ENVIRONMENTAL REVIEW
The City conducted an environmental assessment for the proposed Project in accordance with the
California Environmental Quality Act (CEQA), as amended. This Project site was evaluated as
part of the Midtown Milpitas Specific Plan (Midtown) Environmental Impact Report (Midtown
EIR), SCH #2000092027, which was certified by the City Council in 2002, and amended in 2010.
The Milpitas City Council considered an Addendum to the Midtown EIR (“Addendum”) on
September 20, 2016, in conjunction with approvals for a previous project on the same site (91
Montague Expressway). The previous approvals expired on September 20, 2018. The applicant
submitted the current application for new development at the project site on February 25, 2019,
and since the current development proposal is identical to the previous proposal, the Project is
consistent with the earlier Addendum. Consistency means that: (a) no substantial changes are
proposed in the Project which will require major revisions of the EIR; (b) no substantial changes
have occurred with respect to the circumstances under which the Project is being undertaken which
will require major revisions in the EIR; and (c) no new information of substantial importance
which was not known and could not have been known at the time the previous EIR was certified
has become available The Addendum is attached as Exhibit B of the resolution.
As a separate and independent basis, the project is exempt from further environmental review
under CEQA pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community
Plan, General Plan or Zoning) and CEQA Guidelines Section 15182 (Project consistent with a
Specific Plan).
PUBLIC COMMENT/OUTREACH
Staff provided public notice of the application in accordance with City and State public noticing
requirements. At the time of publishing this report, no comments were received.
A notice was published in the Milpitas Beat on April 26th, 2019. Notices were sent to owners and
residents within 1,000 feet of the project site, and a public notice was posted on the project site,
on the City’s website, www.ci.milpitas.ca.gov, and at City Hall.
RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:
1. Open and close the Public Hearing;
2. Consider the finding of consistency with the Addendum to the Milpitas Midtown Specific
Plan Environmental Impact Report (Resolution No. 8588) in accordance with CEQA;
3. Adopt Resolution 19-015 and approve Site Development Permit (SD19-0003) and
Conditional Use Permit (UP19-0002).
Attachments
A: Resolution No. 19-015 (including Exhibit B, attached)
B: Project Plans
C: Resolution No. 8588 approving Addendum to the Milpitas Midtown Specific Plan EIR