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RESOLUTION NO. 17-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS
RECOMMENDING THE CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT NO.
ST17-0001 AMENDING TEXT WITHIN THE MILPITAS MIDTOWN SPECIFIC PLAN, ZONING
TEXT AMENDMENT NO. ZA17-0001 AMENDING TITLE XI, CHAPTER 10, SECTION 6 OF
THE MILPITAS ZONING ORDINANCE AND ISSUING CONDITIONAL USE PERMIT NO.
UP16-0007 TO ALLOW A RELIGIOUS USE WITHIN AN EXISTING COMMERCIAL
BUILDING LOCATED AT 529 SOUTH MAIN STREET, MILPITAS, CALIFORNIA
(APN: 086-10-024)
WHEREAS, on May 4, 2016, an application was submitted by Johnnie Q. Jones (“Applicant”),
Pastor and CEO of Greater Love Church of God in Christ, Inc., for a Conditional Use Permit (UP16-0007)
for a church to be located at 529 South Main Street, which is located within a mixed use zoning district, and
some 720 feet away from another religious land use; and
WHEREAS, page 8-13 of the Milpitas Midtown Specific Plan states that “the following quasi-
public uses may be permitted within the MXD zones provided their location is first approved by the
Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor
Conditional Use Permits, of this Chapter and they are not located within one thousand (1,000) feet of the
parcel boundary of another quasi-public use” including, but not limited to “places of meeting or assembly,
such as auditoriums, banquet halls, fraternal or union hall, churches and other religious institutions”; and
WHEREAS, Milpitas Municipal Code Subsection XI-10-6.02-2 (A), states that “[t]he following
quasi-public uses may be permitted within the MXD zones provided their location is first approved by the
Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor
Conditional Use Permits, of this Chapter and they are not located within one thousand (1,000) feet of the
parcel boundary of another quasi-public use” including, but not limited to “places of meeting or assembly,
such as auditoriums, banquet halls, fraternal or union hall, churches and other religious institutions”; and
WHEREAS, in light of these provisions, on June 2, 2016, the City of Milpitas informed the
Applicant that a Conditional Use Permit could not be issued because of the spatial requirement of one
thousand (1,000) feet, as required by the Milpitas Midtown Specific Plan and Zoning Ordinance, for Mixed
Use Zoned (“MXD”) designated properties had not been met; and
WHEREAS, on July 25, 2016, the applicant submitted an application for a Specific Plan
amendment (ST17-0001) and Zoning Text amendment (ZA17-0001) to allow “churches and religious
institutions” the ability to be located less than one thousand (1,000) feet, and be located within the MXD
designated properties; and
WHEREAS, the project in its entirety now includes a request for a Specific Plan Amendment, a
Zoning Text Amendment, and a Conditional Use Permit (collectively, the “Project”); and
WHEREAS, City staff has prepared a Specific Plan Amendment (ST17-0001) to amend page 8-13
of the Midtown Specific Plan, as set forth in Exhibit ‘A,’ attached hereto and incorporated herein, as well as
a Zoning Ordinance Amendment (ZA17-0001) , as set forth in proposed Ordinance No. ____, attached
hereto and incorporated herein as Exhibit ‘B,’ to amend Subsection XI-10-6.02-2(A) of the Milpitas
Municipal Code to remove “churches and religious institutions”, and replace with “Churches and other
religious institutions are exempt from the 1,000 foot requirement”; and
WHEREAS, the Planning Division completed an environmental assessment for the Project in
accordance with the California Environmental Quality Act (CEQA), which assessment determined that the
proposed project is exempt from CEQA review pursuant to Section 15061(b)(3) “General Rule Exemption”
of the CEQA Guidelines, and is likewise categorically exempt from CEQA review pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines with respect to the Conditional Use Permit request: and
2 Resolution No. ___
WHEREAS, on March 22, 2017, the Planning Commission held a duly noticed public hearing on
the subject application, and considered evidence presented by City staff, the applicant, and other interested
parties.
NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines
and resolves as follows:
SECTION 1: Recitals
The Planning Commission has considered the full record before it, which may include but is not
limited to such things as the staff report, testimony by staff and the public, and other materials and evidence
submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and
are incorporated herein by reference.
SECTION 2: California Environmental Quality Act Finding
With respect to the Specific Plan Amendment and Zoning Text Amendment, the Project is exempt
from further environmental review under the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no
possibility that these actions may have a significant effect on the environment. As discussed within the
staff report, churches and religious institutions are already allowed via a Conditional Use Permit to be
located in the MXD zoned area. It can be seen with certainty that by removing a spatial requirement
between religious uses will not have a significant effect on the environment. With respect to the
Conditional Use Permit, the Project is categorically exempt from CEQA review pursuant to Section 15301
(Existing Facilities) of the CEQA Guidelines. The Planning Commission thus recommends the City
Council find this action exempt from CEQA pursuant to Section 15061(b)(3) and 15301.
SECTION 3: Specific Plan Amendment (Section XI-10-57.02(G)(2)) - The Planning
Commission makes the following findings based on the evidence in the public record in support of
consistency with Specific Plan Amendment No. ST17-0001:
a. The proposed specific plan or specific plan amendment is consistent with the goals,
objectives, policies and programs of the General Plan, and is necessary and desirable to
implement the provision of the General Plan.
This finding can be met in that the intent of the “Mixed-Use” General Plan (GP) Designation was
to create a “designation which allows for commercial offices, retail and services, high density
residential and public and quasi-public uses.” As amended, it would allow for a fair distribution of
“quasi-public uses” such as “churches and other religious institutions” with commercial offices,
retail and service uses, and high-density housing. Furthermore, removing a spatial requirement
between “churches and other religious institutions” will allow such uses to occupy currently
vacant buildings within the City boundaries, and encourages the policy of GP2.a I-2 which states
“promote development within the incorporated limits which acts to fill-in urban fabric rather than
providing costly expansion of urban services into outlying areas”.
b. The uses proposed in the specific plan or specific plan amendment are compatible with
adjacent uses and properties.
The proposed amendment is not recommending a new use be added, but rather removing a spatial
requirement for churches and other religious institutions. Furthermore, there are approximately
eight churches within the zoning district, therefore the use amendment would be compatible with
adjacent uses and properties.
c. The proposed specific plan or specific plan amendment will not adversely affect the
public health, safety and welfare.
3 Resolution No. ___
The proposed amendment will not adversely affect the public health, safety and welfare. On the
contrary, it will relieve and clarify the ability of certain quasi-public uses to locate within a
urbanized area within the City of Milpitas.
d. The proposed specific plan amendment will not create internal inconsistencies within the
specific plan.
Adoption of the proposed amendment will yield no inconsistencies with the remainder of the
Midtown Specific Plan.
SECTION 4: Zoning Text Amendment (Section XI-10-57.02(G)(3)) - The Planning
Commission makes the following findings based on the evidence in the public record in support of
consistency with Zoning Amendment No. ZA17-0001:
a. The proposed amendment is consistent with the General Plan.
This finding can be made as set forth in Section 3(a) of this Resolution.
b. The proposed amendment will not adversely affect the public health, safety and welfare.
This finding can be made as set forth in Section 3(c) of this Resolution.
SECTION 5: Conditional Use Permit (Section XI-10-57.04(F)) - The Planning Commission
makes the following findings based on the evidence in the public record in support of consistency with
Conditional Use Permit No. UP16-0007:
a. 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 use will serve the community, and, as designed, have no detrimental or injurious
impacts on the property or improvements in the vicinity of the property. The operation of the
facility will be in compliance with all local, state, and federal regulations. The applicant has
demonstrated that the project location has adequate parking facilities and meets all development
standards required by the City Code. All activities associated with the project will be within an
enclosed building.
b. The proposed use must be consistent with the Milpitas General Plan
The table below outlines the project’s consistency with applicable General Plan Guiding
Principles and Implementing Policies:
Table 1: General Plan Consistency
Policy Consistency Finding
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. This finding can be made in
that the applicant has chosen the City of
Milpitas as the one location to practice
their faith. By allowing the proposed use,
the City will be continuing the process of
developing adequate cultural centers for
the Milpitas community.
4 Resolution No. ___
Policy Consistency Finding
2.d-G-1:
Provide all possible community
facilities and utilities of the
highest standards commensurate
with the present and anticipated
needs of Milpitas, as well as any
special needs of the region.
Consistent. The finding can be made in
that Greater Love Church has
demonstrated that they are a community
facility in high regards with strong ties to
the Milpitas community. By allowing the
proposed use locate within the vacant
building, it will continue the guiding
principle of providing a high quality
community facility to meet the needs of
both the local community and Bay Area
region.
c. The proposed use must be consistent with the Milpitas Zoning Ordinance.
The proposed church is consistent with the Milpitas Zoning Ordinance, as it is proposed to be
amended, because it complies with the development standards and parking requirements of the
City Code. As discussed in finding 5(d) below, MXD parcels along Main Street are to allow a
mixture of retail, office, housing, service and public/quasi-public uses in this area. Greater
Love Church is a quasi-public use, but in an effort to further recognize the intent of the MXD
zone in encouraging a “compatible mix of residential, entertainment, office and commercial
service uses within the framework of a pedestrian-oriented streetscape,” the applicant has
agreed to a condition that the front portion of the building be devoted to office and commercial
uses for sublease.
d. The proposed use must be consistent with the Midtown Specific Plan
As demonstrated below, the proposed use complies with the following Midtown Specific Plan
policy:
Table 2: Midtown Specific Plan Consistency
Policy Consistency Finding
Policy 3.10
Designate parcels along the Main
Street and Abel Street Corridor
Mixed-Use and allow a mixture
of retail, office, housing, service
and public/quasi-public uses in
this area
Consistent. This finding can be
made in because the project consists
of a mixture of a commercial office
and quasi-public use along Main
Street.
In addition, in light of the requested Specific Plan Amendment discussed above, there will be no
inconsistency between the location of the proposed use and the requirements of the Midtown Specific Plan.
SECTION 5: PLANNING COMMISSION APPROVAL
Based on the foregoing, the Planning Commission of the City of Milpitas hereby adopts Resolution
No. 17-008 recommending the City Council approve Specific Plan Amendment No. ST17-0001, Zoning
Text Amendment No. ZA17-0001, and Conditional Use Permit No. UP16-0007 (subject to the Conditional
of Approval attached hereto and incorporated herein as Exhibit ‘C’), based on the above findings.
5 Resolution No. ___
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on
March 22, 2017.
Chair
TO WIT:
I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning
Commission of the City of Milpitas on March 22, 2017, and carried by the following roll call vote:
COMMISSIONER AYES NOES ABSENT ABSTAIN
Lawrence Ciardella
Ray Maglalang
Rajeev Madnawat
Sudhir Mandal
Demetress Morris
Gurdev Sandhu
Zeya Mohsin
Evelyn Chua (Alternate)
6 Resolution No. ___
Exhibit ‘A’
Midtown Specific Plan Amendment No. ST17-0001
Chapter 8 (‘Development Standards and Design Guidelines’), Section 7.0 (‘Minimum Spatial
Requirements for Quasi-Public Uses and Other Specified Uses’), page 8-13 of the Milpitas Midtown
Specific Plan shall be amended to read as follows:
1. Places of assembly, including but not limited to auditoriums, banquet halls, and fraternal or union halls,
churches or religious institutions. Churches and other religious institutions are exempt from this spatial
requirement.
7 Resolution No. ___
Exhibit ‘B’
Zoning Text Amendment No. ZA17-0001
REGULAR
NUMBER: ___.__
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING TITLE XI, CHAPTER 10, SECTION 6, SUBSECTION 02-2 OF THE MILPITAS ZONING ORDINANCE TO REMOVE “CHURCHES AND OTHER RELIGIOUS INSTITUTIONS” FROM THE SPATIAL REQUIREMENT THAT REQUIRES SUCH USES BE MORE THAN ONE THOUSAND (1,000) FEET FROM ONE ANOTHER FOR LOTS LOCATED IN AN “MXD” ZONED DESIGNATION.
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of
____________________, upon motion by_________________________ and was adopted
(second reading) by the City Council at its meeting of _______________, upon motion by
____________________________. The Ordinance was duly passed and ordered published in
accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________
Mary Lavelle, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
________________________________
Christopher J. Diaz, City Attorney
8 Resolution No. ___
RECITALS AND FINDINGS:
WHEREAS, the Milpitas Midtown Specific Plan previously provided that “the following quasi-
public uses may be permitted within the MXD zones provided their location is first approved by the
Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor
Conditional Use Permits, of this Chapter and they are not located within one thousand (1,000) feet of the
parcel boundary of another quasi-public use” including, but not limited to “places of meeting or assembly,
such as auditoriums, banquet halls, fraternal or union hall, churches and other religious institutions”
(Midtown Specific Plan, page 8-13); and
WHEREAS, by passage of Resolution No. XX-XX, the City Council has amended the language
cited above to exclude churches and other religious land uses from this 1,000 distance requirement; and
WHEREAS, in order to bring the Milpitas Municipal Code into conformance with the Midtown
Specific Plan, as revised, staff has prepared this Zoning amendment to allow “churches and religious
institutions” to be located less than one thousand (1,000) feet, and be located within the MXD designated
properties (the “project”); and
WHEREAS, the Planning Division complete an environmental assessment for the proposed action
in accordance with the California Environmental Quality Act (“CEQA”), which assessment determined that
the proposed project is exempt from CEQA review pursuant to Section 15061(b)(3) “General Rule
Exemption” of the CEQA Guidelines; and
WHEREAS, this Zoning Amendment No. ZA17-0001 proposes text changes within Title XI,
Chapter 10, Section 6 (Mixed-Use Zones and Standards) of the City of Milpitas Municipal Code; and
WHEREAS, per Milpitas Municipal Code § XI-10-57.02(G)(3), the City Council finds the Zoning
Code text amendment set forth herein to be consistent with the General Plan, and specifically with guiding
principles and policies such as 2.a-G-1 (maintain a land use program that balances Milpitas’ regional and
local roles by providing for a highly amenable community environment and a thriving regional industrial
center) in that the removal of barriers for churches and religious institutions to relocated into the City of
Milpitas will assist in providing benefit to certain community members interested in the promotion of faith
and culture, and 2.a-G-6 (implement the Midtown Specific Plan goals, policies and development standards
and guidelines to create a mixed-use community that includes high-density, transit-oriented housing and a
central community ‘gathering place’ while maintaining needed industrial, service and commercial uses) in
that the amendment will increase the ability to allow a greater mixture of uses associated with community
investment to locate within the core of the Midtown area; and
WHEREAS, per Milpitas Municipal Code § XI-10-57.02(G)(3), the City Council likewise finds
that the Zoning Code text amendment set forth herein will not adversely affect the public health, safety and
welfare, in that the effect would only occur in the MXD Zone and any approved churches or religious
institutions would continue to be in character with the surrounding neighborhood and/or adjacent lands and
would have no obvious adverse effects upon the adjacent or surrounding properties; and
WHEREAS, on XX/XX/XXXX, the City Council held a duly-noticed public hearing on the
proposed action, an considered evidence presented by City staff and other interested parties; and
WHEREAS, per the City Council finds that the adoption of Municipal Code Amendment No.
ZA17-0001 will render the Municipal Code and the Milpitas Midtown Plan will be internally consistent.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
9 Resolution No. ___
The City Council has duly considered the full record before it, which may include but is not limited to such
things as the City staff report, testimony by staff and the public, and other materials and evidence submitted
or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct
and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10,
SECTION 6.02, SUBSECTION 6.02-2
(Title XI, Chapter 10, Section 6.04 (“Mixed Use Regulations”), Subsection 6.02-2 (Quasi-Public Uses
within MXD Zone) of the Milpitas Municipal Code is hereby amended to read as follows:
A. The following quasi-public uses may be permitted within the MXD zones provided their location is first
approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and
Minor Conditional Use Permits, of this chapter, and they are not located within one thousand (1,000) feet of
the parcel boundary of another quasi-public use listed below. This distance shall be measured from the
property line of the parcel where such use is located.
1. Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls.
Churches and religious institutions are exempt from this spatial requirement.
2. Hospitals or sanitariums.
3. Private elementary, middle or high school.
4. Vocational schools, if not found objectionable due to noise, odor, vibration or other similar
health, safety and welfare basis.
SECTION 3. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part
shall not affect the validity of the remainder.
SECTION 4. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall
take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas
shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the
Government Code of the State of California.
10 Resolution No. ___
Exhibit ‘C’
CONDITIONS OF APPROVAL FOR
GREATER LOVE CHURCH
CONDITIONAL USE PERMIT NO. UP16-0007
General Conditions
1. General Compliance. The applicant, including all successors in interest (collectively “Permittee”) shall
comply with each and every condition set forth in this Permit. This Conditional Use Permit No. UP16-0007
(“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things
required by the below-enumerated precedent conditions have been performed or caused to be performed
and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office and
a copy shall be provided to the Planning Division.
2. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date
of approval of this Permit is the date on which the decision-making body approved this Permit.
3. Acceptance of Permit. Should Permittee fail to file a timely appeal within twelve (12) calendar days of the
date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee
pursuant to all of the terms, obligations, and conditions of this Permit.
4. Permit Expiration. Pursuant to Section XI-10-64.06 of the Milpitas Zoning Code, this Permit shall become
null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of
approval, or for a project submitted with a tentative map, within the time limits of the approved tentative
map. Pursuant to Section XI-10-64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit
shall be deemed to have commenced when the project:
a. Completes a foundation associated with the project; or
b. Dedicates any land or easement as required from the zoning action; or
c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit,
whichever is sooner.
5. Time Extension. Pursuant to Section XI-10-64.07 of the Milpitas Zoning Code, unless otherwise provided
by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is
made in writing to the Planning Division prior to the expiration date of the approval. (P)
6. Project Job Account. If Permittee’s project job account is at any time delinquent or below the required
deposit amount, City will not continue to review or process the application until Permittee’s private job
account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any
building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance
and establish a remaining balance of at least twenty-five percent (25%) of the required initial deposit.
7. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the
imposition of fees, dedication, reservations, or other exactions to be imposed on the development project
shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves
as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may
file a protest has begun under California Government Code Section 66020(d)(1).
8. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this
Resolution and any other condition applicable to the project to the sole satisfaction of the City.
11 Resolution No. ___
Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every
condition.
9. Conditions. Each and every condition set forth in this Exhibit shall apply to the project and continue to
apply to the project so long as the Permittee is operating the project under the permits and approvals in this
Resolution.
10. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall
comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and
policies, including, but not limited to, any requirements of the State of California Department of Alcoholic
Beverage Control (ABC). (CA/P)
11. Previous Approvals. Permittee shall abide by and continue to comply with all previous City approvals,
permits, or requirements relating to the subject property, unless explicitly superseded or revised by this
Permit.
12. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of
the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials,
officers, employees, and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the project,
including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act,
and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii)
Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as
applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements
prescribed in this condition. Permittee shall enter into an indemnification agreement with the City that
incorporates the provisions of this condition prior to commencing the use authorized in this Permit.
13. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance
with Section XI-10-63.06 of the Milpitas Zoning Code.
14. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the
Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this
Permit shall remain operative, binding, and fully enforceable.
15. Permittee shall develop the approved project in conformance with the approved plans approved by the
Planning Commission on March 22, 2017, in accordance with these Conditions of Approval.
Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved
submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified
plans and any other applicable materials as required by the City for review and obtain the approval of the
Planning Director or Designee. If the Planning Director or designee determines that the deviation is
significant, the owner or designee shall be required to apply for review and obtain approval of the Planning
Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)
16. Written Response to Conditions. The Permittee shall provide a written response to the Conditions of
Approval indicating how each condition has been addressed with the building permit application submittal.
(ALL)
12 Resolution No. ___
Project Specific Conditions
17. Office/Commercial Use. The Permittee shall not occupy the front lobby and two offices (approximately 533
sq. ft.) of the building with uses affiliated with the church or any other religious institution. Those spaces
shall be dedicated to an office or commercial use at all times. (P)
18. Litter and Graffiti Prevention. Permittee shall ensure that litter is removed and graffiti abated from the site
on a daily basis. (P)
19. Signage. A building permit must be obtained prior to installation of any and all signage. (P)
20. Fire Department. The project shall comply with the requirements of the Fire Department and the California
Fire Code, as demonstrated within Milpitas Fire Department Memorandum, dated May 31, 2016. (F)
21. Building Department. The project shall comply with the requirements of the Building Department and the
International Building Code, as demonstrated within the Milpitas Building Department Memorandum, dated
August 30, 2016. (B)
(P) = Planning
(B) = Building
(E) = Engineering
(F) = Fire Prevention
(CA) = City Attorney