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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

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Page 1: RESOLUTION NO. 17-008 A RESOLUTION OF THE PLANNING ...€¦ · ST17-0001 AMENDING TEXT WITHIN THE MILPITAS MIDTOWN SPECIFIC PLAN, ZONING TEXT AMENDMENT NO. ZA17-0001 AMENDING TITLE

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

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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.

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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.

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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.

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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)

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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.

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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

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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

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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.

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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.

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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)

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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