milpitas planning commission staff report · 2019. 5. 6. · the following exhibits show the...

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

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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.

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Map 1 Project Location

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Map 2. Project Zoning Map

BACKGROUND

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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

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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:

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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:

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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

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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:

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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:

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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)

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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

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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::

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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:

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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.

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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.


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.


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


architectural features are consistent with the Milpitas General Plan, as demonstrated and

outlined in Table 3 above.

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3. The proposed use is consistent with the Milpitas Zoning Ordinance; 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.


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.

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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

milpitas planning commission staff report · 2019. 5. 6. · the following exhibits show the...

Documents