milpitas planning commission staff reportphase 1 will be completed within one year of obtaining...

AGENDA ITEM: IX-2

MILPITAS PLANNING COMMISSION

STAFF REPORT

December 11, 2019

APPLICATION: BAPS Temple Façade Remodel (P-UA19-0002, P-MS19-0010) –

A request for a Conditional Use Permit Amendment to allow an

increase in building height above 35 feet within the Industrial Park

Zoning District and a Minor Site Development Permit to allow

changes to an existing building façade in three phases and associated

site improvements, including the dedication and improvement of

required street frontage along California Circle.

RECOMMENDATION: Staff recommends that the Planning Commission adopt

Resolution No. 19-003 approving the above application, subject

to the Conditions of Approval.

LOCATION:

Address/APN: 1430 California Circle (APN: 022-37-019)

Area of City: California Circle, south of Dixon Landing Road and east of

Interstate 880

PEOPLE:

Project Applicant: Bhavesh Patel, BAPS

Property/Business Owner: BAPS San Jose, LLC

Project Planner: Lillian VanHua, Associate Planner

LAND USE:

General Plan Designation: Industrial Park (INP)

Zoning District: Industrial Park (MP)

ENVIRONMENTAL: Categorically Exempt from environmental review under the

California Environmental Quality Act (CEQA) in accordance with

CEQA Guidelines Section 15301 (Existing Facilities) and Section

15183 (Projects Consistent with a Community Plan or Zoning).

EXECUTIVE SUMMARY

The applicant is requesting a Conditional Use Permit Amendment and Minor Site Development

Permit for an increase in building height above 35 feet within the Industrial Park Zoning District

and to remodel an existing building façade and allow for associated site improvements.

Staff reviewed the applicant’s request for a Conditional Use Permit Amendment and Minor Site

Development Permit and determined that the proposed project complies with the policies and

processes outlined in the City of Milpitas General Plan, Zoning Ordinance, and Municipal Code.

Agenda Item IX-2: BAPS Façade Remodel 12/11/2019 of 11

Staff recommends that the Planning Commission open and close the public hearing and adopt

Resolution No. 19-003, approving the subject applications, subject to the Conditions of Approval

included as Exhibit 1.

Map 1

Project Location

Map 2

Project Site Zoning

Project Site

N

Not to Scale


PROJECT DESCRIPTION

Background

In June 1986, the Planning Commission granted Site and Architectural approval for an

approximately 150,000-square foot industrial (research and development) building at the proposed

location. Subsequent approvals included landscape and parking lot modifications, outdoor

enclosures, and roof screens.

In February 2005, the Planning Commission approved a Use Permit UP2004-41, S-Zone Approval

Amendment SA2004-121 and Mitigated Negative Declaration EA2004-15 to convert a portion

(90,000 square feet) of the existing industrial building into a place of assembly (religious facility),

associated parking reduction, and site and architecture review for minor exterior changes to the

building.

On January 18, 2017, Bhavesh Patel, representing BAPS Shri Swaminarayan Mandir, submitted

an application for a Conditional Use Permit Amendment and a Minor Site Development Permit to

remodel the existing temple façade at 1430 California Circle. The application is submitted pursuant

to Milpitas Municipal Code (MMC) XI-10-57.04(B)(1) and XI-10-57.04(C)(1), which requires

Planning Commission approval for buildings that exceed three stories or 35 feet within the

Industrial Park zoning district.

The following is a summary of the applicant’s requests:

• Conditional Use Permit Amendment: To allow an increase in building height above 35 feet

within the Industrial Park zoning district as part of the project’s façade remodel.

• Minor Site Development: To allow architectural modifications to the existing building’s

façade in three phases and associated site improvements, including the dedication and

improvement of required street frontage along California Circle.

Overview

The site is located on a 10.27-acre parcel on California Circle. The property contains an existing

150,000- square-foot industrial building surrounded by paved surface parking and landscaping on

all sides of the building.

BAPS Shri Swamniarayan Mandir is a Hindu place of worship that has been operating in Milpitas

since 1991. After receiving their use permit in 2005, the religious facility moved to the project site.

The applicant will renovate the existing building’s façade in three phases, over the course of three

years. The façade improvements include various roof ornaments clustered at the main entrance of

the building. The project will also include the dedication and improvement of required street

frontage along California Circle.

Phase 1 include the addition of the shikhars on the rooftop above the main entrance (see Figure 1).

All roof ornaments will be composed of fiberglass-reinforced plastic with resin (FRP). Phase 1

will also include the dedication of required street frontage along California Circle and the

installation of sidewalk and landscaping to match existing improvement to the north and south.


The applicant will restripe one parking stall to adjust the ADA walkway and a new concrete curb.

Phase 1 will be completed within one year of obtaining entitlement approvals.

In Phase 2, the applicant will install new window and door treatments, composed of natural wood

along the entire building façade, as well as a new “sheer peach” paint color for the concrete panels.

The applicant will replace and plant new landscaping on any bare landscape islands across the site.

Phase 2 will be completed within two years of obtaining entitlement approvals.

In Phase 3, the applicant will address the north side of the building, currently leased to Valley

Transportation Authority (VTA), with a similar treatment. Figure 2 illustrates the façade treatment

proposed for this phase of the project. The applicant will complete any remaining perimeter on-

site landscape improvements. Phase 3 will be completed within three years of obtaining

entitlement approvals. The detailed phasing plan is provided on Sheet A104-1 of Attachment B.

As noted above, the project scope includes public right-of-way and landscaping improvements

along the project site’s frontage. Civil Sheets one through eight of Attachment B outline the

proposed changes to the existing sidewalk configuration. The applicant will reconfigure the

existing sidewalk to match the adjacent properties on the north (Waterstone) and south (KB Home)

sides of the project. The new sidewalk width will increase from four feet to eight feet, with four

feet of landscaping on both sides of the sidewalk. Additionally, the applicant will install

landscaping to match the existing streetscape of the north (Waterstone) and south (KB Home)

properties along California Circle.

The Planning Division has determined that the timing and assurance of project completion is an

essential factor in the decision to recommend approval of this project. In order to ensure

completion of the project, staff requested a construction phasing plan for the requested scope of

work, included as Attachment D. Staff has included a necessary project-specific Condition of

Approval (Condition of Approval No. 19 in Resolution 19-003) to ensure the project complies

with the requirements and intent of the Milpitas Municipal Code and this project approval.

Figure 1: Proposed Phase 1 Improvements – Front Façade


Figure 2: Entire Façade Improvements

Figure 3: Phase 3 Façade Changes to the North Side of the Building

Location and Context

The site is zoned Industrial Park (MP) and is bordered by residential uses to the north and south,

industrial uses to the west, and Penitencia Creek to the east. The abutting properties are zoned

Single Family Residential (R1-2.5) to the north, Multi-Family High Density Residential (R3) to

the south, Industrial Park (MP) to the west, and Park Open Space (POS) to the east. Vicinity and

location maps of the subject site location are included on the previous pages. For zoning and land

use summary, see Table 1:


Table 1: Zoning and Land Use Summary

General Plan Zone Uses

Subject Site Industrial Park (INP) Industrial Park (MP) Religious facility,

offices

North Single Family Medium

Density (SMD)

Single Family

Residential (R1-2.5) Residential

South

Multi-Family

Residential, High

Density (MFH)

Multi-Family High

Density Residential

(R3)

Multi-Family

Residential (under

construction)

East Industrial Park (INP) Industrial Park (MP) Vacant industrial

buildings

West Parks and Open Space

(POS)

Park Open Space

(POS) Penitencia Creek trail

PROJECT ANALYSIS

General Plan Conformance

General Plan

The General Plan designation for the project site is Industrial Park. The Industrial Park designation

accommodates research, professional, packaging and distribution facilities in a park-like setting,

free from noise, odor and other nuisances. As proposed, the proposed project conforms with the

policies in the City’s General Plan, as outlined in the following chart:

Table 2: General Plan Consistency

Policy Consistency Finding

2.a-I-17 Foster community pride and growth

through beautification of existing and future

development.

Consistent: The project’s façade and landscape

upgrades will enhance the site’s use as a

religious facility, and proposed streetscape

improvements along the California Circle

frontage will provide aesthetic consistency with

the adjacent landscaping from new

developments to the north and south of the site.

2.d-G-2 Develop adequate civic, recreational,

and cultural centers in locations for the best

service to the community and in ways which

will protect and promote community beauty

and growth.

Consistent: The project will upgrade the

building façade and landscaping on site to

improve the neighborhood and identify the

building as a religious facility and cultural

center serving the community and region.


Zoning Conformance

The Zoning designation for the project site is Industrial Park, and the existing assembly use

(religious facility) is allowed with approval of a Conditional Use Permit (CUP). The project is

consistent with the City of Milpitas Zoning Ordinance, as demonstrated in Table 3 below:

Table 3:

Summary of Development Standards

Standards Proposed Complies

Front Setback 35’ 72’ Yes

Side Yard Setback 10’ No change -

Rear Setback 20’ No change -

Floor Area Ratio .50 No change -

Building Height

None. However, prior to construction of

any structure that exceeds 3 stories or

35’ in height, the Planning Commission

must make an additional finding

Two stories

30’; architectural

features 64’6.5”

Yes, with

findings*

* With approval by Planning Commission by making the following findings: (1) That any such excess height will

not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.

Building Height

The Industrial Park Zoning District does not prescribe a maximum building height; however, any

building that exceeds three (3) stories or 35’ in height requires approval of a Conditional Use

Permit (CUP) by the Planning Commission. The proposed height may be allowed, provided that

the finding can be made that any excess height will not be detrimental to the light, air or privacy

of any other structure or use currently existing or anticipated. Staff recommends the proposed

height as discussed below in Table 4:

Table 4:

Building Height Table

Projects Within the Area Proposed / Allowable Heights

BAPS’s architectural spires 64’6.5” (proposed)

Home2 Suites (1301 California Circle) 62’10” (allowed)

Holiday Inn Suites (1100 Cadillac Court) 68’11” (allowed)

As demonstrated above, the project’s proposed height is in the same range of building heights for

nearby projects that were recently approved. Furthermore, the existing building’s placement

exceeds the setback requirements from all property lines, which creates a greater linear distance


and lessens potential impacts on light, air and privacy to other existing or anticipated structures or

uses in the vicinity. The finding related to building height can be made.

Landscaping

In addition to the proposed façade improvements, the project includes a conceptual landscape plan

to enhance the site and lessen the impact of the new building height. The conceptual landscaping

plan includes various tall trees, shrubs, and adequate groundcover along the site’s frontage that are

consistent with the landscaping to the north and south of the site. The applicant will submit a

revised landscape plan, showing street tree species and new landscaping in all parking areas, prior

to Off-Site Plan approvals/permit issuance to be in compliance with the City’s standards and

details as part of Phase 1. The project will also dedicate approximately 16 feet of public street

easement along its California Circle frontage to accommodate the detached eight-foot-wide

sidewalk and two four-foot-wide landscape strips. The landscaping shall conform to existing and

proposed landscape improvements to the north and south to match the sidewalk improvements.

The project has also been conditioned (COA nos. 22 and 23) to restore and/or upgrade all of the

landscaping across the site as part of Phase 2 and 3.

FINDINGS FOR APPROVAL (OR DENIAL)

A finding is a statement of fact relating to the information that the Planning Commission has

considered in making a decision. Findings shall identify the rationale behind the decision to take

a certain action.

Conditional Use Permit Amendment

To approve the Conditional Use Permit Amendment, the following findings must be made

pursuant to Milpitas Municipal Code Section XI-10-57.04(F)(1):

1. The proposed use at this location will not be detrimental or injurious to property or

improvements in the vicinity nor to the public health, safety, and general welfare.

The project’s façade and landscape upgrades will enhance the site’s use as a religious facility,

and the proposed streetscape improvements along the California Circle frontage will provide

aesthetic consistency with the adjacent landscaping from new developments to the north and

south. The project will improve the neighborhood and foster community and cultural pride.

Furthermore, the project’s scope of work is strictly ornamental and will not be detrimental or

injurious to property, improvement, public health, safety and general welfare.

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

The General Plan designation for the project site is Industrial Park. The Industrial Park

designation accommodates research, professional, packaging and distribution facilities in a

park-like setting, free from noise, odor and other such nuisances. The project will upgrade the

building façade and landscaping on site to improve the neighborhood and identify the building

as a religious facility and cultural center serving the community and region. The project is

consistent with the General Plan Policies, as outlined in Table 2.

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


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

in the Zoning Ordinance. The religious facility has been conditionally permitted since 2005.

The project consists of architectural and streetscape improvements and, therefore, will not

increase the building’s overall footprint. The project will be required to install landscaping and

street trees that are compliant with the City’s streetscape standards. Although residential uses

surround the project site, the project’s ornamental and architectural enhancements respects the

neighborhood’s color palette and remains compatible with the neighborhood. The project’s

proposed height is also permitted via the approval of a Conditional Use Permit.

To approve increases above the Maximum Building Height Findings (Section XI-10-57.04-2), the

Planning Commission makes the following findings based on the evidence in the public record in

approving Conditional Use Permit Amendment No. UA19-0002 to exceed the maximum height:

4. That any such excess height will not be detrimental to the light, air or privacy of any other

structure or use currently existing or anticipated.

The Zoning Code permits a height above the 35-foot requirement if the Planning Commission

determines that the increased height will not be detrimental to the to the light, air, or privacy

of any other structure or use existing or anticipated. The project adds shikhars, similar to spires,

to the front facade, which increases the building height to 64.5 feet. The elevation and the

position of the trees along the rear of the site provide a natural barrier to any visual impact

from the homes to the east. The building is also recessed 72 feet from the front property line.

The difference in height between the spires and the separation between parcels eliminates

impacts to light, air and privacy. The applicant is proposing a landscape plan to enhance the

project site and lessen the impact of the new building height. Based on this finding, the project

is consistent with the development standards contained in the Zoning Code.

5. The project exhibits exceptional architecture and aesthetic merit to warrant the excess height.

The project’s façade and landscape upgrades help identify the building as a religious facility

and cultural center serving the community and region. The roofline of the building provides

visual interest and movement by incorporating prefinished fiberglass-reinforced polymer

(FRP) roof ornaments in varied heights. The FRP material is lightweight, highly durable,

corrosion free, and has low thermal conductivity. The color palette of the surrounding

residential buildings along California Circle and behind Coyote Creek are white, beige, brown,

peach, light purple and pink. The project’s color palette consists of peach, pink, and apricot

colors with natural wood doors and doorways that match the residential buildings. The balcony

design on the façade is also consistent with the residential balconies to the north. While the

colors and balconies of the structure reflect the other residential buildings in the area, the roof

ornaments that exceed the height limit define the project site and provide architectural identity

to the building. Therefore, the project employs exceptional architecture and has aesthetic merit

that warrants the excess height.

Minor Site Development Permit

To approve the Minor Site Development Permit, the following findings must be made pursuant to

Milpitas Municipal Code Section XI-10-57.03(G):


1. The development recognizes and respects the nature of the neighborhood and site,

development patterns, materials used, and the expectations of those who will see and use the

building.

The proposed modification to the façade of the building recognizes and respects the changing

nature of the neighborhood, the site, development patterns, materials used, and the

expectations of those who will see and use the building. When the applicant purchased the

property in 2005, the surrounding area was primarily occupied by commercial and industrial

uses. Recently, properties to the north and south of the project site have been converted to

residential development. The project reconfigures the sidewalk to match the properties to the

north and south. The proposed modifications would meet the expectations of those who will

see and use the building, and the ornamental architectural changes will transform the building

and represent a traditional Hindu place of worship.

2. The development assures that modifications satisfy functional requirements, and are screened

with appropriate compatible materials.

The architectural modifications will refresh the building and provide greater aesthetic quality

and compatibility to its use as a religious facility. The proposed architectural style

complements the use of the building, and the proposed materials are compatible with the

existing materials and help in creating a cohesive design. While the proposed rooftop

architectural features increase the height of the building from 30 feet to 64.54 feet, the building

is recessed 72 feet from the front property line and the reconfiguration of the sidewalk along

the property’s frontage and plant landscaping will partially screen the proposed modifications.

3. The development assures that the modifications will not interfere with the privacy, quiet

enjoyment or view of the surrounding properties.

The proposed development does not involve additional windows, glare or substantial changes

to the building envelope such that the privacy and views of neighboring properties are

compromised. The rooftop architectural features will not emit any sound or direct light to

impact the surrounding properties. The building is also setback 72 feet from the front property

line. Furthermore, the existing building’s placement exceeds the setback requirements from

all property lines, which creates a greater linear distance and lessens potential impacts of the

privacy, quiet enjoyment or view of the surrounding properties. The development is also

located within the valley floor and surrounded by numerous trees and 100-foot power lines

throughout the area.

ENVIRONMENTAL REVIEW

The Planning Department conducted an environmental assessment of the project in accordance

with the California Environmental Quality Act (CEQA). Per staff’s review, the project is exempt

from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section

15301 (Existing Facilities) in that the project consists of ornamental features along the building

façade and public right-of-way improvements and will not expand the use of the existing religious


facility. Therefore, the project is categorically exempt. None of the exceptions to the applicability

of this categorical exemption are present.

As a separate and independent basis, the project is exempt from further environmental review

pursuant to CEQA Guidelines Section 15183 (Projects consistent with zoning, community plan,

or general plan). The project consists of exterior modifications that will not change the building’s

footprint and complies with the City’s existing zoning, specific plan, community plan, and general

plan. No peculiar circumstances exist, and therefore, no further environmental review is required.

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, there have been no public comments received.

A notice was published in the Milpitas Post on November 29, 2019. In addition, the City sent

1,378 notices to owners and residents within 1,000 feet of the project site. A public notice was also

provided on the project site, on the City’s Website, www.ci.milpitas.ca.gov, and posted at City

Hall.

RECOMMENDATION

STAFF RECOMMENDS THAT the Planning Commission:

1. Open the Public Hearing to receive comments;

2. Close the Public Hearing; and

3. Adopt Resolution 19-003, approving Conditional Use Permit Amendment P-UA19-0002

and Minor Site Development Permit P-MS19-0010, subject to the findings and Conditions

of Approval

ATTACHMENTS

A: Resolution No. 19-003

B: Project Plans

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