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Aquatics

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1. What are the instructor ratios for the swim lessons?

Tiny Tots Group Lesson 1:4 Beginners/Advanced Group Lesson 1:8 Private 1:1.

2. What skills will my child learn from Tiny Tots and/or Learn-To-Swim?

Upon successful completion of all levels of the Tiny Tot Swim program, your child will be able to get more comfortable in the water. In addition, they will be able to blow bubbles, float with the support of their swim instructor, and perform “big arms” and “big kicks” on the wall.

Upon successful completion of all levels of the Learn to Swim program, your child’s newly improved knowledge of swimming will help increase their awareness of water safety. The Learn-To-Swim program will emphasize all three beginner’s stroke techniques, breath control, and basic water skills.

3. What are the Advance Level Swim 4, 5, and 6?

Students who have successfully passed Level 3 of the Learn-To-Swim program, or can demonstrate all of the Level 3 completion requirements may participate in Advance Level Swim 4, which is strongly based on Level 3 and offers teachings on breaststroke, sidestroke, and elementary backstroke.

Students who have successfully passed Level 4 of the Learn-To-Swim program, or can demonstrate all of the Level 4 completion requirements may participate in Advance Level Swim 5/6, which will primarily focus on stroke refinement, stamina, flip turns, and diving progression.

4. What is the water temperature?

The water temperature is kept at a comfortable heated temperature year-round. The variance is based on weather temperatures and sunlight.

5. Are diapers or pull-ups allowed?

Diapers or pull-ups are not allowed in the pools. Children’s specialized swimming pull-ups are required. 

6. Is my child allowed to wear flotation devices?

No, policy strictly clarifies that water wings, life jackets, and other flotation devices are not allowed to be worn in the water for safety purposes.

7. Why has my child been in the same level multiple times?

Many factors come into play when it comes to the speed of progression of a swimmer’s skill set. Students who take seasonal swim lessons usually need a refresher to remember the skills that they have forgotten through the off-season. It’s also common to see a child at the same level for multiple sessions since there are a lot of skills to learn and students develop their skill set at different speeds. 

8. How can I prevent my child from vomiting in the pool?

We strongly recommend that parents feed their children at least one hour before their lesson. When a vomit or fecal accident occurs there is a brief mandatory closure that we wish to prevent. If students vomit twice during a session, they will be excused. 

9. What happens if my swim lesson is canceled due to a vomit or fecal incident?

If a student throws up before the 15-minute mark, we will make sure to refund the lesson. However, if a student vomits after the 15-minute mark, we will issue a 50% reimbursement for the single lesson.

10. How early should I put sunscreen on my child? What are the outside showers for?

We strongly recommend that students apply sunscreen at least 30 minutes before the lesson. You must allow adequate time for the sunscreen to dry. We require that students rinse off at the outside showers before they hop into the pool. Students lathered in sunscreen on the pool deck just before the start of class will not be allowed to enter the pool as this will cloud the pool water.

11. Why are bystanders not allowed to stand on the pool deck?

It is a safety issue for patrons to stand on the pool deck during swim lessons. In case of an emergency, we need the pool deck to be clear to activate the Emergency Activation Plan. If you have a question please ask the Aquatic management or speak briefly to your child’s instructor before or after class, never during. 

12. Why does my child have a different instructor today?

It is possible your child’s instructor was out sick or has a prearranged commitment. We do our best to ensure that there are minimal absences but we cannot foresee when an instructor is not able to come to teach due to sudden illness.

13. Where is the designated sitting area for parents/guardians/bystanders while waiting for a swim lesson?

Parents or guardians must be present sitting in the picnic area or shaded bleachers. Parents are not allowed to drop their children off and leave because they must be present in case of any emergency. Remember that parents cannot stand on the pool edge and watch or photograph their child. 

14. Can I take photos of my child during swim lessons?

You cannot take a photo of any child that is not your own. You can however ask your instructor if they would like to take a photo with your child on the last day of class. No video-taping of lessons is allowed.

15. How long are the swim sessions and classes?

The swim sessions are 2 weeks long, Monday through Thursday. Classes are 30 minutes long. Except for session 2 (7 classes due to the 4th of July holiday), all other sessions are 8 classes.

16. What is the Parent and Me Lesson?

Parent me is no longer drop in based and will be led by an instructor who will teach proper holds and begin immersing your child in the lesson to get them comfortable as they progress into tiny tots.

17. Can my child wear a swim cap and goggles?

Yes, we recommend your child wear a swim cap and goggles to protect their hair and eyes.  

18. What is the proper swim attire?

It’s best if female students wear one-piece swimsuits or two-piece swimsuits. Male students may wear jammers or swim trunks. If needed, swimmers may wear a white t-shirt or a rash guard.

19. Are daily check-ins mandatory?

Daily check-ins for attendance are mandatory in case of an emergency evacuation. Parents and/or guardians must check in their child at the check-in desk on the pool deck, not the Milpitas Sports Center front desk. 

20. Will I, as a parent, be allowed in the Youth Locker Rooms?

Yes, parents will be allowed to be in the Youth Locker Rooms with their child before, during, and after lessons. We prohibit adults from being in the Youth Locker Rooms without their children.  

21. When will I be able to use the Family Changing Room?

Parents are free to use the Family Changing Room during recreational swim events and lessons. However, there is only one Family Changing Room. 

22. Can parents enter the training pool?

We prohibit parents from entering the training pool. However, they may dangle their feet on the side of the pool. While we do understand the urgency to be near your child at all times, having parents in the puddle pool will block the assigned lifeguard to safely guard every child in the pool and may result in an easily-prevented emergency. 

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Below Market Rate (BMR) Housing Program

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1. Will I be notified by the City when my web form submission has been received?

You should receive an email from the City as soon as you submit it. If you did not receive an email, please check your spam/junk folder. If you still did not receive an email confirming you’ve been added to the waiting list, please contact the Housing Divison.

2. How long will it take for a BMR unit to become available?

The City does not control when an owner decides to sell. As such, the waiting time for an available BMR home can vary. By completing the Below Market Rate Homeownership Web Form, you agree to receive notifications from the City as to when an opportunity to purchase a unit becomes available.

3. How do I apply for a preference?

As indicated in the web form, you must select the preference(s) you believe apply to you. You will be required to demonstrate proof these preferences apply to you prior to being selected for purchase.

4. What if our address or contact information changes?

The City will be contacting you via email. If your email address changes during the time you are on the waiting list, it is very important that you update this information with us as soon as possible

5. What if the home offered is too small?

The BMR housing stock only has 1, 2, or 3-bedroom homes available. If you win the random lottery selection and are offered a home that is not suitable for your preferences, you may choose to decline the opportunity to purchase. Just note, while you are not removed from the list if you decline to purchase, you may not be selected again due to the random nature of the lottery system.

6. Do I need to attend a first-time home buyer course?

Yes, you will need to submit a copy of Project Sentinel’s Certificate of Completion of the First-Time Home Buyer course within two weeks of submitting a purchase agreement on a home. You do not need to complete the course in order to be on the BMR Program interest list.

7. Does the City complete a credit check?

No, we do not.

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Building Safety - FAQs

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1. What are the Building and Safety Department contacts and hours?

We are located at 455 East Calaveras Boulevard, Milpitas, CA 95035.

Our contact telephone number is 408-586-3240.

We are open Monday through Friday from 8 am to 5 pm. 

Counter Service Hours

2. When is a Permit required?

Building permits are required for new construction, remodeling and tenant Improvements, repairs, and changes of occupancy category for both Commercial and Residential projects. Construction plans and documents are reviewed for compliance with applicable State and local laws and regulations.

Mechanical permits are required for installation, reconstruction, replacement, or relocation of mechanical equipment, such as furnaces, air conditioning units, hoods, boilers, ductwork, and others.

Plumbing permits are required for installation, reconstruction, replacement, or relocation of plumbing fixtures such as sewer, water and gas lines, water heaters, sinks, water closets and others.

Electrical permits are required for the installation, reconstruction, replacement, or relocation of electrical equipment and electrical installations associated with other equipment, such as outlets, lighting fixtures, electrical wiring, electrical panels and services, signs and others.

In addition to the above listed permits, Special permits are required for such activities as Demolition, Occupancy Certifications, Installation of Signs, Mobile Homes, Pools and Spas. In some cases permits may be required from outside agencies such as Santa Clara Health Department, Water Pollution Control Plant, Bay Area Air Quality District, PG&E and others.

3. When is a Building Permit not required?

For buildings regulated by the California Building Code, a Building Permit is not required for the following:

1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet.
2. Fences not over 7 feet.
3. Oil derricks.
4. Retaining wall that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids.
5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theatre stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
13. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height.

(California Building Code, 105.2 – Work exempt from permit)

 

For buildings regulated by the California Residential Code for One- and Two- Family Dwellings, a Building Permit is not required for the following:

1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet.
2. Fences not over 7 feet high.
3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
10. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.

(California Residential Code, R105.2 – Work exempt from permit)

4. When is an Electrical Permit not required?

An Electrical Permit is not required for the following:

1. Listed cord and plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles, but not the outlets.
3. Repair or replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.

(California Electrical Code, 89.108.4.1 – Permits)

5. When is a Mechanical Permit not required?

A Mechanical Permit is not required for the following:

1. A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.
2. A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by the California Mechanical Code.
3. Replacement of a component part that does not alter its original approval and is in accordance with other applicable requirements of the California Mechanical Code.
4. Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of the California Mechanical Code.
5. A unit refrigerating system.

(California Mechanical Code, 104.2 – Exempt Work)

6. When is a Plumbing Permit not required?

A Plumbing Permit is not required for the following:

1. The stopping of leaks in drains, soil, waste, or vent pipe, provided, however, that a trap, drainpipe, soil, waste, or vent pipe become defective, and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in the California Plumbing Code.
2. The clearing of stoppages, including the removal and reinstallation of water closets, or the repairing of leaks in pipes, valves, or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(California Plumbing Code, 104.2 – Exempt Work)

7. How can I get an estimate for the Building Permit fees?

You will need to gather and provide the following information to the Building Safety Department Permit Center:

1. Project Address
2. Project Name
3. Applicant and contact person information including Name, Phone Number, and Postal or Email Address
4. Project description, including the square footage and a brief explanation of the scope of the work.
5. Construction Valuation
6. Occupancy Classification (indicating the use of the building)
7. Type of Construction (indicating wood, steel, or concrete)

 

The Permit Center will respond to your request within 24 hours. If you have any questions, please contact us at 408-586-3240.

8. Which fees do I have to pay at submittal time and also after my plans are approved?

Generally, the fees you need to pay are categorized as indicated below:

1. Plan checking Fees: need to be paid at the time of submittal before the review has started.
2. Inspection Fees: need to be paid after the permit application approval.
3. Miscellaneous fees include Imaging fee, Seismic fee, Additional Hourly Plan Check fee, and Additional Hourly Inspection fee (applicable in some situations).

 

You can request an estimate of your Permit fees prior to submittal of permit application package. Please refer to question "How can I get an Estimate for a Building Permit Fees".

9. Which permits can be obtained online, (E-Permits)?

Water heater and furnace replacement, bathroom and kitchen remodels, re-roofs, and others are available online.

10. Which permits can be obtained over the counter?

Interior modifications or alterations of office spaces up to 4,000 square feet, retail spaces up to 1,500 square feet, and industrial spaces up to 5,000 square feet without use or storage of hazardous materials may qualify for over-the-counter review. Please refer to the Building Department Express Plan Review Service (PDF) handout.

11. Can I setup an appointment for reviewing my plans?

Yes. You can call 408-586-3240 and request Plan Review by Appointment. Prior to calling for an appointment, please review the Plan Review by Appointment (PDF) handout to ensure your project meets the requirements.

12. Can I request "overtime" (after hours) plan check?

Yes. The Building Safety Department offers this service for an additional fee based upon the availability of the staff. Please refer to the Building Permit Expedited Plan Review (PDF) handout.

13. What will happen after I submit my plans for review?

After you submit your permit application package, your drawings will be routed to City Departments for review and approval. Please refer to the Building Permit Process (PDF) guidelines.

14. How long does it take to review my plans?

The plan review turnaround time is based on the scope of work and type of use, such as Commercial or Residential, indicated in the submittal. Please refer to the Plan Review Turnaround Time (PDF) handout for more information.

15. Who can obtain a Building Permit after the plans are approved?

A property owner may obtain permits for any work performed. Licensed Contractors acting as the authorized agent of the property owner may obtain permits for the specific work allowed by their license.

16. Can I do work before obtaining a Building Permit if plans are already submitted for review?

No, the Building Permit must be issued prior to the commencement of any work.

17. What are the applicable codes used by the City of Milpitas, Building and Safety?

Applicable Codes:

• California Building Code (CBC)
• California Residential Code (CRC)
• California Mechanical Code (CMC)
• California Electrical Code (CEC)
• California Plumbing Code (CPC)
• International Swimming Pool and Spa Code (ISPSC)
• California Energy Code (CEnC)
• California Fire Code (CFC)
• California Green Building Standards Code (CALGreen)
• Milpitas Municipal Code (MMC)

18. What are the design wind load and wind exposure that must be used for structures constructed in the City of Milpitas?

On the Valley Floor, basic wind speed is 85 mph (3 second Gust). In the Hillside Area, basic wind speed is 95 mph (3 second Gust) and exposure C.

19. How can I schedule an inspection?

As your construction project progresses, inspections by the City of Milpitas Building Safety inspectors are required. It is the responsibility of the person performing the work authorized by the building permit to contact the Building Safety Department to schedule an inspection. Inspections are requested and scheduled by calling the Inspection Request Line, which is open 24 hours each day.

The telephone number of the Inspection Request Line is 408-586-3259

Please refer to the Building Inspection Request Procedure (PDF) handout for more information.

20. Can I schedule an inspection online?

Yes. Please go to the online inspection scheduling website.

21. How can I cancel or reschedule an inspection?

If the work is not ready for inspection or if you need to cancel an inspection for any other reason, call the Inspection Request Line at 408-586-3259 before 8:30 am on the day of the scheduled inspection. Rescheduling an inspection is the same process as scheduling a new inspection. Please refer to the Building Inspection Request Procedures (PDF) handout.

22. How much is a re-inspection fee and when is the re-inspection fee applicable?

The Re-inspection fee is listed in the Building Fee Schedule (PDF), and may be charged when inspections are requested and one or more of the following apply:

• Permit cards and/or approved plans are not available at the job site at the time of inspection
• There is a failure to provide access to the work site including the lack of proper ladders
• Work for which the inspection was requested has not been completed
• Corrections to the work called for by the inspector have not been made
• Construction does not conform to the approved plans and requires the submission of revised plans

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Community Emergency Response Team (CERT)

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1. What are the purposes of CERT?

The purpose of CERT is to:

• Create public awareness of potential threats to the community
• Mitigate loss of life and property
• Instruct individuals in self-help and mutual aid techniques
• Provide training in the areas of recovery, special assistance, and security

2. What deliverables does CERT offer to the community?

Deliverables include:

• Description and awareness of natural and manmade threats to the community
• Classroom and hands-on training in measures that may save lives and protect property
• Personal Protective Equipment
• Start-up guidance and ongoing assistance from the Office of Emergency Services

3. What does the CERT training program consist of?

The training program consists of:

• Classroom and practical training for individuals in Milpitas Community
• Exercise Drill consisting of a simple test and practical applications of learned skills
• Registration as a Disaster Service Worker

The time requirement is a commitment of 20 hours.

The outline of training is as follows:

• Emergency Preparedness
• Fire Safety
• Emergency Medical Operations
• Light Search and Rescue
• Team Organization and Disaster Psychology
• Terrorism
• Hands-on Exercise/Drill

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File a Police Report

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1. What do I do if online incident reporting is not right for me?

If your incident is an emergency, call 911. If non-emergency call 408-586-2400.

2. What if this happened in another city can I file a report using this online police citizen reporting system?

No, If a crime took place outside of the City of Milpitas please call the police department for that city.

3. What if this happened on a state Freeway?

If this took place on a state Freeway please call the Highway Patrol Office nearest you.

4. What is a known suspect?

A known suspect is when you or someone else knows the person or where to find the person who committed the crime or the license plate number of the vehicle the suspect(s) were in.

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File a Police Report (Spanish)

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1. ¿Qué hago si realizar una denuncia en línea no es lo apropiado en mi caso?

Si su incidente es una emergencia, llame al 911. Si no es una emergencia llame al 408-586-2400.

2. ¿Si el incidente ocurre en otra ciudad, puedo utilizar este sistema de denuncia?

No, si el crimen ocurrió fuera de la ciudad de Milpitas por favor llame al departamento de policía de la ciudad que corresponda.

3. ¿Qué pasa si el incidente ocurre en una Autopista Estatal?

Si el incidente ocurre en una Autopista Estatal por favor llame a la Patrulla de Autopistas de más cercana.

4. ¿Qué es un sospechoso conocido?

Un sospechoso conocido es cuando usted (o alguien presente) conoce a la persona o donde encontrar a la persona que cometió el crimen o el número de la patente del auto donde iba el sospechoso.

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Fire - Businesses

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1. How do I get a Knox Box for my new business?

Please contact the Milpitas Bureau of Fire Prevention at 408-586-3365 for application and set up instructions.

2. I need to set up a Fire Inspection before my new business opens. How do I proceed with such a request?

Please call the Milpitas Bureau of Fire Prevention at 408-586-3380 for the next available appointment.

3. I have a False Alarm going off at my building because I burnt the toast again. Who should I call to inform them of the false alarm?

Please call the Dispatch Center at 408-263-1212 for false alarms.

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Fire - Residents

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1. How do I obtain a copy of a Milpitas Fire Department Incident or Fire Report?

Please call Milpitas Police at 408-586-2400 and ask for the Records Division to order a copy.

2. My child’s school would like a visit by the City of Milpitas Fire Department to talk about what it entails to be a Fire Fighter and/or to visit a Fire Station. How can I arrange such a request?

Please email the Milpitas Fire Department or call 408-586-2800.

Due to restricted access and security constraints, fire station tours or visits can only be accommodated on a limited basis, and only when scheduled in advance. When scheduling a pub ed event please be ready to provide: The name of school/business, the date and time, and the contact information of the person handling the event. Please note we only provide pub ed events to schools within Milpitas. 

3. I live within the City of Milpitas and my home owner’s insurance wants to know my ISO Rating. What is it?

The Milpitas Fire Department has an ISO Public Protection Classification rating of 2.

4. Do you take back prescription drugs or sharps at your fire stations?

Milpitas Fire CANNOT take in prescription drugs. Please see the Santa Clara County website information page about safe meds disposal.

You MAY dispose of sharps at Milpitas Fire Station 1.

Sharps Disposal Program

Location - Milpitas Fire Station 1- Administration Lobby

Hours – Monday-Thursday 8am-5pm (excluding holidays)

Accepted Items

Sharps (such as hypodermic needles, pen needles, pre-loaded sharps, auto-injectors, intravenous needles, lancets, and other devices used to penetrate the skin for drawing blood, or for the delivery of medicines) contained in U.S. Food and Drug Administration-cleared sharps containers.

Not Accepted

• Controlled substances (such as opioids)
• Unwanted medicines not contained in sharps
• Loose sharps that are not contained in U.S. Food and Drug Administration-cleared sharps containers

All sharps disposal containers should be made of heavy-duty plastic; able to close with a tight-fitting, puncture resistant lid without sharps being able to come out; upright and stable during use; leak-resistant; and properly labeled as “sharps waste” or with the biohazard symbol and the word “BIOHAZARD” to warn of hazardous materials inside the container.

5. Who do I contact for a leaky fire hydrant within the City of Milpitas?

For a fire hydrant that has been sheared off by way of a traffic accident or other incident please contact 911. For leaky public hydrants please contact Milpitas Public Works at 408-586-2600. For leaky private hydrants, the landlord would be responsible.

6. Why does a fire truck come when I only requested an ambulance?

A fire truck will generally respond to all calls involving life-threatening symptoms, such as chest pains, severe bleeding, or difficulty breathing, and all motor vehicle crashes in order to begin basic or advanced life support prior to the arrival of the ambulance crew. In many medical situations, it takes more than two personnel to tend to the victim.

7. Where should I place my smoke detectors?

Smoke alarms should be installed on every level of your home and in every bedroom/sleeping quarters. Please see the U.S. Fire Administration website for more information.

8. Can the Milpitas Fire Department install or check my child’s safety seat for proper installation?

Unfortunately, the Milpitas Fire Department does not offer this service. To find the nearest location for a child safety seat inspection please visit the National Highway Traffic Safety Administration website or locate a child safety seat inspection station by state on the Safer Car website.

9. Does the Milpitas Fire Department offer bicycle registration?

If you wish to register your bicycle, there is a national bicycle registry that works with local police agencies to identify the owners of lost or stolen bicycles.  Please visit the National Bike Registry Program website for more information.

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Fire Prevention - Hazardous Materials

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1. I am performing an Environmental Property Assessment. How can I review the Fire Department's files for compliance information?

All requests to review Fire Department records must be received in writing and must identify a specific address for which you wish to review. Due to limited space, appointments must be scheduled to review the Fire Department files.

File review requests may be submitted to the Fire Prevention Clerk at the following address:
Milpitas Fire Department
455 East Calaveras Boulevard
Milpitas, CA 95035
Fax: 408-586-3378

2. How can I obtain a blank Hazardous Materials Business Plan?

The Milpitas Fire Department in cooperation with the Santa Clara County and the Santa Clara County Fire Chief’s Association has developed a uniform Hazardous Materials Business Plan (HMBP) form.

Electronic versions of this form are available for download at the Unidocs website, a website sponsored by the County of Santa Clara Environmental Health Department and the Santa Clara County Fire Chiefs Association, and consists of copies of available County-wide uniform documents.

3. My company will be opening a facility in Milpitas. What is the procedure my company should follow?

When filing for a City of Milpitas Business License, you will be required to complete a Milpitas Fire Department Fire Permit Application. If you indicate that your company uses or stores hazardous materials, a Fire Code permit for Hazardous Materials will be issued to your company.

If you plan on modifying building structures, approval must be obtained from the Building Inspection Division prior to performing any modifications. Depending upon the quantity and how hazardous materials are used and stored, approval from the Hazardous Materials and Environmental Services Unit may be required. To increase the opportunity for the plans to be approved with minimal revisions, it is best if you contract with an architect or contractor who has experience in hazardous materials operations particularly if your project involves structural changes to the building, due to the quantity of hazardous materials in storage or in use, or the installation of process equipment.

Please reference the Construction Permitting, Inspections, and Fees page for further information.

As a service to the business community, the Fire Department provides free pre-submittal consultations. Although the Fire Department will not design a storage system or process, the Fire Department will attempt to assist you as much as possible to make the plan submittal process as painless, uncomplicated, and confusion-free as possible.

4. I am a homeowner and have, over the years, accumulated waste material such as waste oil, paint, swimming pool chemicals and drain cleaners. How can I dispose of this material?

Milpitas and the County of Santa Clara operate periodic household hazardous waste drop-off points. In addition to the recyclable wastes, the mobile household hazardous waste program accepts all types of hazardous wastes, such as oil-based paints and pool and garden chemicals. There is no charge for the use of this program and it is easy to use. To schedule a time to drop off your waste at one of these programs, call the Santa Clara County Household hazardous waste appointment line at 408-299-7300.

There are over 75 retail locations throughout the County that accept used motor oil for free. For the nearest waste oil recycling location, call the Santa Clara County Recycling Hot Line at 800-533-8414.

For additional information on the household hazardous waste program, please contact the Milpitas Fire Department at 408-586-3365 or the Santa Clara County's household hazardous waste program at 408-299-7300 of the City of Milpitas Solid Waste Administration at 408-586-2677.

5. What is non-point source pollution?

Non-point source pollution includes materials and chemicals which are washed into the storm drain system from a variety of sources. Unlike water pollutants that come from a single-point source such as factories or sewage treatment plant, non-point source pollutants are washed into the storm drain by rainwater and other means from streets, neighborhoods, farmlands, construction sites, and parking lots. Because storm drains are separate from our household sewer systems, these polluted waters flow directly into the Bay without treatment.

6. Am I required to complete a Hazardous Materials Business Plan?

All facilities which use or store hazardous materials in any quantity are required by local ordinance to report such use or storage to the Milpitas Fire Department. The amount of detail required to be reported depends on whether the facility is subject to State Hazardous Materials Business Plan reporting requirements.

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount equal to or greater than any of the following specified quantities, you are required to complete a Hazardous Materials Business Plan.

1. 500 pounds for a solid
2. 55 gallons for a liquid (Exception: 275 gallons aggregate quantity on-site or 55 gallons of each type of lubricating oil as defined by H&SC 25503.5(b)(2)(B).)
3. 200 cubic feet for a gas (Exception: 1000 cubic feet each of oxygen or nitrous oxide stored or handled at a physician, dentist, podiatrist, veterinarian, or pharmacist's place of business.)
4. The specified amount of radioactive material requiring an emergency plan under Parts 30, 40, or 70 of Title 10 Code of Federal Regulations or equal to or greater than applicable amounts specified in items 1, 2, or 3 above, whichever amount is smaller.
5. The specified threshold quantity amount of a Cal-ARP-regulated substance.

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount less than the following specified quantities, you may complete a Hazardous Material/Waste Registration form.

A material qualifies as a retail or consumer product and is exempt from the HMBP reporting requirements if it is packaged for direct distribution to, and use by the general public, and meets all of the following conditions.

1. The material is not dispensed from containers at your site.
2. The product is stored in a retail display area as defined by the Fire Code.
3. The storage containers are no larger than 5 gallons for liquids, 100 pounds for solids, and
4. Handling of the material does not present an unacceptable risk to the public, health, safety or the environment.

7. Do I need a Hazardous Materials Business Plan or a Hazardous Material/Waste Registration Form?

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount equal to or greater than any of the following specified quantities, you are required to complete a Hazardous Materials Business Plan.

1. 500 pounds for a solid
2. 55 gallons for a liquid (Exception: 275 gallons aggregate quantity on-site or 55 gallons of each type of lubricating oil as defined by H&SC 25503.5(b)(2)(B).)
3. 200 cubic feet for a gas (Exception: 1,000 cubic feet each of oxygen or nitrous oxide stored or handled at a physician, dentist, podiatrist, veterinarian, or pharmacist's place of business.)
4. The specified amount of radioactive material requiring an emergency plan under Parts 30, 40, or 70 of Title 10 Code of Federal Regulations or equal to or greater than applicable amounts specified in items 1, 2, or 3 above, whichever amount is smaller.
5. The specified threshold quantity amount of a Cal-ARP-regulated substance.

If you store or handle a hazardous material, not classified as a retail or consumer product, in an amount less than the following specified quantities, you may complete a Hazardous Material/Waste Registration form.

A material qualifies as a retail or consumer product and is exempt from the HMBP reporting requirements if it is packaged for direct distribution to, and use by the general public, and meets all of the following conditions.

1. The material is not dispensed from containers at your site.
2. The product is stored in a retail display area as defined by the Fire Code.
3. The storage containers are no larger than 5 gallons for liquids, 100 pounds for solids, and
4. Handling of the material does not present an unacceptable risk to the public, health, safety, or the environment.

8. Where do I submit my completed Hazardous Materials Business Plan or Hazardous Material/Waste Registration Form?

Completed Hazardous Materials Business Plans or Hazardous Materials/Waste Registration Forms may be submitted to the Milpitas Fire Department at the following address:
Hazardous Materials and Environmental Services Unit
Milpitas Fire Department
455 East Calaveras Boulevard
Milpitas, CA 95035

Call 408-586-3365 if you have any questions.

9. I plan to install a new piece of equipment in my facility. Do I need Fire Department's approval?

Due to the complexity and differences of each installation, Fire Department approval is required on a case-by-case basis. You should contact your Hazardous Materials Inspector and discuss whether Fire Department approval will be required.

If you are unfamiliar with who your Hazardous Materials Inspector is, you may speak with any Hazardous Materials Inspector with the Hazardous Materials and Environmental Services Unit at 408-586-3365.

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Home - FAQs

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1. How do I pay my city water bill?

Answer goes here...

2. How do I get a new trash can lid?

Answer goes here...

3. How do I apply for a job with the City?

Answer goes here...

4. My trash didn't get picked up, what should I do now?

Answer goes here...

5. How do I get a garage sale permit?

Answer goes here...

6. How can I see the agenda for an upcoming City Council or Board meeting?

Answer goes here...

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Human Resources - Government Jobs Portal - About Logging In

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1. What should I do if I receive the following message:?The username or password is incorrect?

You should confirm your username, or reset your password, by using Forgot Username or Reset Password.

2. I forgot my username. What should I do?

Below the Sign In button, click on Forgot Username. On the next page, enter your email address, answer the security question, and click Send Username. An email is sent with your username. If you do not see the email in your inbox, check your spam/junk email folder.

The email address that you enter must exactly match what appears on your profile. If it does not match, you may receive an error that User with that email was not found.

3. I forgot my password. What should I do?

Below the Sign In button, click on Reset Password. On the next page, enter your email address, answer the security question, and click on Reset Password. An email is sent with a link to reset your password. Once you click on the link, you are directed to a page where you can create a new password. Enter a new password, confirm the new password, and then log into your account.

The link embedded in the password reset email expires after 72 hours. If the link has expired, resubmit your password reset request by clicking on Reset Password again.

4. The system is not accepting my new password. What should I enter?

Passwords must be at least 8 characters in length and contain upper and lower case letters, numbers and symbols. To reset your password, click Reset Password. Once you've entered a new password twice, you receive the message Your password has been updated.

5. I need a new password, but no longer have access to the email address where the reset password email was sent. What should I do?

If you don't have access to the email address listed on your account, you will need to contact our applicant support team for assistance at +855-524-5627. For security reasons, the reset password email is sent only to the email address associated with your account. Our applicant support team will ask you a series of questions to verify your identity, and then update the email address on the account as appropriate.

6. I requested a reset password link but have not received it. How long does it normally take?

Password reset emails are sent immediately, but delivery can depend on your email provider. Check your spam/junk email settings/folder if you do not receive the email. Sometimes adding the "noreply@governmentjobs.com" address to your contacts resolves this issue. If the email is still is not received, contact technical support at your email service provider to determine if the reset password email is being filtered out or blocked.

7. I signed up to receive Job notifications (Job Interest Cards), but I am unable to apply/log in to submit my application. What do I do?

Job Interest Card requests are independent of governmentjobs.com applicant accounts. To create an applicant account, go to Government Jobs and click on Sign In. Under the Sign In button, click Don't have an account? Create one. Complete the required new job seeker account information, enter a new password, and click Save.

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Human Resources - Government Jobs Portal - Application Process - Completing and Submitting an Application

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1. I have completed all my Work, Education, References, and Additional Information sections, but do not see a place to submit the application. What should I do?

The basic information that you have entered serves as an application template. This template allows you to apply for multiple positions without having to create new applications. To submit the application template for a specific position, perform a job search to find a job you are interested in and click on the job title to view the job posting. Click Apply, which is located toward the upper left-hand side next to Job Details. For example:

Your application template fills in the basic information for step one, and you are able to proceed with the application process steps.

2. How do I proceed to the next step?

The application process sections appear vertically on the left-hand side of the screen. For example:

Once you've completed a section, you can continue by clicking on the next section in the sequence, or click Next at the bottom of the page. If you would like to revert to previous section, click on that section name on the left-hand side.

3. What if I’m not ready to submit my application at this time?

You can return to your application to submit at a later time. Though the system does auto-save while completing the application, make sure you save the field you are working on before signing out. Be sure to log back into your account and submit your application prior to the posting close date.

4. How do I save my information?

If you need to exit the application, click Save at the bottom of the page you are working on. All of the information that you have entered up to that point is stored. As long as the job you are applying for is still open, you may return to submit your application.

5. I was unable to submit an application before the closing date. Can I still apply for the position?

You cannot apply through GovernmentJobs.com for positions that are closed. If you started an application prior to the closing date, and did not submit it, you will not be able to submit that application. Our applicant support team is not able to change the closing date. For further information, you may contact Human Resources at 408-586-3090 or via email to Human Resources.

6. I made an error on my submitted application. Can I make changes?

You cannot make changes once you certify and submit the application to the organization. If you want to update the application you can either re-apply for the position, or contact the organization to see if it is possible make changes. If you receive an error message when resubmitting your application that does not allow you to apply again, or if the position has closed, you may want to contact the organization directly. Our applicant support team cannot make changes to an already submitted application.

7. I am unable to add an attachment to my application template. How do I attach a document?

To attach a document successfully, first close the file that you are trying to attach, and then check the following:

• Attachment Type - Some agencies require specific attachment types to be included in the application. Check that your document is listed as the attachment type that the organization is requiring. For example, if the error message reads The following attachment types are missing: Résumé, check that your corresponding document's attachment type is listed as Résumé and not Other, Cover Letter, or any other attachment type.
• File type - Some agencies only accept certain file types. If you receive an error regarding the file type, check that you are attaching a file with a valid (acceptable) file extension.
• File size - Attachments that are larger than ten megabytes are not accepted. If your file is larger than five megabytes, you should reduce the file size. If you are still unable to attach the file after following these steps, try deleting the cookies from your web browser or attempt to attach the file from a different web browser.

8. I forgot to add an attachment (for example, my résumé or cover letter) to my job application. How do I add an attachment to an application I’ve already submitted?

Once an application is submitted, you cannot make any changes to that application. Any attachments added to your application template are not automatically sent to the organization. In order to ensure the organization receives any newly attached documents, you must submit a new application. If you receive an error message when resubmitting your application that does not allow you to apply again, or if the position has closed, you may want to contact the organization directly.

9. I am trying to submit/confirm my application, but I am unable to proceed. The system keeps taking me back to the application steps. What do I do?

In order to submit the application successfully, all required fields, questions, and attachments must be supplied. If you see a red exclamation mark next to a section, please click on the section to complete missing information. For example:

Also, check for red text within the section indicating which information is missing. Ensure that all questions marked as required (designated by an asterisk *) have been answered, for example:

If you did not answer some of the questions because they did not apply to you, but the question is required, you must type N/A into the text box. For example, if the question is: If you answered yes to the question above, please explain and if you answered No to the previous question, type N/A.

Once everything has been answered and all documents have been successfully attached, you are able to submit your application.

10. Is it possible to withdraw my application from an organization?

It is not possible to withdraw an application online. Once officially submitted, the application becomes property of the organization. You must call the organization directly for further action.

11. How do I print my application?

You can print a submitted application by clicking on Applications > Job Title > Print on the top right-hand corner.

12. Can I view positions I have applied for?

Yes, you can access all of your submitted applications by clicking on Applications and Status.

13. How do I find the status of my application?

Once you are logged into your account, click on Applications and Status.

You can see all of the applications you have submitted, and the status for those applications. If you still have questions regarding your status after viewing this page, you should contact the organization with which you applied.

14. How can I be sure my application was received?

Once you've submitted your application, you see a confirmation message that you've successfully applied with the organization. You are also sent a confirmation email. To verify the status online, log into your account, and click on the Application tab.

15. Can I delete applications I previously submitted?

No. Once the application is submitted to the organization, a record remains in the Application Status area of your account.

16. How do I notify an organization of changes to my home address, email address, or other information?

You can update the contact information on your profile at any time. Log into your account and click on Account Settings > Edit. Any changes that you make are updated with the organization automatically.

17. How can I get in touch with the organization with City of Milpitas Recruiting?

For questions regarding application status or recruitment details, please contact Human Resources at 408-586-3090 or via email to Human Resources.

• On the organization's website.
• On the job posting (typically at the bottom of the page).
• On your submitted application. Select click here for a printable version of your application and the organization contact information appears at the very top of the page.

18. How do I know if I am qualified for a particular job?

The required skills and qualifications are typically displayed within the job posting online. Our applicant support team cannot advise on qualifications for any jobs. For more specific details email Human Resources.

19. Can I submit a paper application?

The City of Milpitas is no longer accepting paper applications. All applications must be submitted via the Government Jobs portal for consideration.

20. I have a question pertaining to a particular job posting, for example, a specific requirement or organization-wide/supplemental question. Who can I reach out to?

For specific details or information related to the job, please contact the City of Milpitas Human Resources Office at 408-586-3090 or by email to Human Resources.

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Human Resources - Government Jobs Portal - Application Process - Starting Out

Show All Answers

1. How do I apply for a job?

To apply for a job, go to GovernmentJobs.com or the organization's website. An organization is the city, county, state, or educational institution where you submit applications.

• If you are on GovernmentJobs.com, enter search criteria in the boxes for Job Title, Keyword, and/or City or State. You can also search by clicking a Category or Location.
• If you are on an organization's website, locate where open positions are posted.
• Perform a job search to find jobs that match your interests. Then click on the job title to view the job posting.
• To initiate the application process, click the Apply tab. The Apply tab is located toward the top of the posting next to Job Details.
• Once you click on the link and log in, you can work on the application process steps.

2. How long does it take to complete the process?

The time it takes to complete an application depends on how much information you provide on your basic application. It can take as little as 10 to 15 minutes. When applying for a job, you may be required to answer some additional questions (organization-wide questions and supplemental questions), which will also vary in length, depending on the number and type of questions asked.

3. I clicked on the position name, and am able to see the description, however I do not see an Apply tab. How do I apply for the position?

If you do not see an Apply tab on the job posting, this job posting is not accepting online applications. If the opening date suggests that the position should be open, contact the organization for further information. Our applicant/technical support team cannot add an Apply tab if it does not already exist.

4. Can I automatically be notified when new positions open?

You can sign up for Job Interest Cards through the organization's website so that you are notified when jobs become available. By selecting the job categories that you're interested in, filling out your contact information, and clicking Submit Request, you will receive email notifications when jobs open in your noted categories. After one year, your job interest card subscription expires, and notifications are no longer sent. Signing up for job interest cards is not the same as creating a user account. To apply for positions, you need to create a GovernmentJobs.com applicant account.

5. What is the Close Date on a job posting?

A closing date is when a job posting no longer accepts applications.

6. How do I complete an online application?

For detailed information on how to apply online for a job, refer to the Online Application Guide (PDF). (Download PDF reader)

7. How can I change my username?

Once established, a username cannot be changed.

8. How can I change my application template name?

Once established, an application template name cannot be changed. Application template names are for your reference only and are not visible to the organization with which you are applying.

9. Why can’t I create more than one application template?

The ability to create multiple application templates has been removed in the new application process. If you previously created multiple applications, you can continue to use them.

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Human Resources - Government Jobs Portal - Creating an Account

Show All Answers

1. What is an email address and how do I create one?

An email address is an electronic address where you can receive messages. An email address takes the form of name@provider, such as jsmith@example.com, which is read as jsmith at example dot com. There are many free and accessible email providers that you can use for this purpose. The email address is completely independent of GovernmentJobs.com. You should send any email related questions to your email provider's technical support group.

2. How do I create an account?

To create an applicant account, go to Government Jobs and click on the Sign In tab, and then Don't have an account? Create one.

Complete the required fields and click Create.

For help with setting a password, see password requirements.

3. When I try to create an account or update my email address, I get the message?Email not available! What does that mean? I do not remember creating an account with GovernmentJobs.com.

If you receive this message, it means that there is an account associated with your email address. You may have previously applied with an organization that is a NEOGOV customer. You can retrieve your credentials by following the username and password steps.

4. I have more than one account. How can I merge them?

There is no way to merge accounts. You should choose the account with the most up-to-date information, and only use that account.

5. Is it possible to delete or reset my account?

Yes, you can delete your account by accessing the Account Settings page from under the user settings dropdown.

6. Do I need to create multiple accounts for different agencies?

No, you do not need more than one account to apply for jobs with different agencies. If the organization is a NEOGOV customer, you can apply with your existing GovernmentJobs.com account.

7. What if I share my email address with another person?

Every GovernmentJobs.com account must contain a unique email address. If you share an email address with another person, and it is already in use on another account, you cannot use that email address on your account. You can request a new email address from a service provider (for example, Hotmail, Yahoo, Google), or use a work email address on your GovernmentJobs.com account.

8. Can I share a Governmentjobs.com account with my spouse, relative, friend, etc.?

You may not share an account with another user. To apply for positions, you must create your own account with your own specific contact information, applications, and application history.

9. What web browser should I use?

To make sure you have the best experience possible, we recommend using the most up-to-date version of one of the following browsers:

• Desktop: Google Chrome, Microsoft Edge
• Mobile: Google Chrome, Safari

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Multi Unit Non Smoking Policy

Show All Answers

1. Why is Milpitas considering smoke free strategies?

First, the harmful effects of secondhand smoke are severe and widespread. Secondhand smoke is responsible for an estimated 41,000 heart disease-related and lung cancer deaths each year. Furthermore, the U.S. Surgeon General has concluded that there is no safe level of exposure to secondhand smoke and the California Air Resources Board has classified secondhand smoke as a toxic air contaminant. According to the Centers for Disease Control, the only way to fully protect nonsmokers is to eliminate smoking in all homes, worksites, and public places. However, 29% of Santa Clara County residents report smelling tobacco smoke drifting into their home from nearby apartments or from the outside.

Second, multiple county surveys show an increased demand for smoke-free housing in Santa Clara County. 96% of Santa Clara County apartment residents believe that smokers should not be allowed to smoke wherever they want and 84% said they would support a no smoking policy at their multi-unit housing complex. Several jurisdictions within Santa Clara County have already adopted smoke-free policies for multi-unit housing and most other jurisdictions prohibit smoking in entryways and service areas of nonresidential developments and at public events.

2. What is multi-unit housing?

Multi-unit housing is any housing development with two or more units (e.g., duplexes, fourplexes, townhomes, condos, apartments, etc.).

3. What smoking products does this policy apply to?

This policy will apply to the smoking and vaping of all tobacco and cannabis-related products. Vaping is the act of inhaling and exhaling the aerosol, often referred to as vapor, which is produced by an e-cigarette or similar device.

4. What's next?

City staff will work with the County consultant to develop an implementation plan and informational materials to help residents and the owners/managers of multi-family properties understand and implement the new policy. Outreach materials will include new content on the City’s website, smoke-free signage, fact sheets, and a landlord toolkit designed to build support and increase public awareness of the new requirements.

5. What are other cities doing?

In Santa Clara County, Los Gatos, Palo Alto, Santa Clara, Sunnyvale, and the unincorporated area require multi-unit housing to be smoke free. Refer to the Santa Clara County Jurisdictions Comparison Table (PDF) for a comparison of smoke-free policies across Santa Clara County jurisdictions. Additionally, the Housing Authority of Santa Clara County prohibits smoking at all of its properties. In San Mateo County, Belmont, Brisbane, Burlingame, Foster City, Half Moon Bay, Redwood City, San Bruno, San Mateo, South San Francisco and the unincorporated area require multi-unit housing to be smoke free. Statewide, 63 local jurisdictions have adopted smoke free multi-unit housing laws that are considered “strong” by the American Lung Association. Most of these laws require 100% of new and existing housing units to be smoke free.

6. What about policies for retail tobacco businesses?

The focus of this effort is to reduce secondhand smoke exposure in multi-unit housing and other public areas within Milpitas. However, as part of a separate effort, City staff from Planning and Recreation Services is developing a licensing program for tobacco retailers and conducting additional community outreach to educate youth, teens, and parents about the health hazards of smoking and vaping. Staff is also coordinating with the County consultant to develop regulations aimed at restricting the sale of flavored tobacco products to teens and discouraging the overall use of all tobacco products.

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Planning

Show All Answers

1. What Zoning District is my property located in?

To find your property's Zoning District, open the Zoning Map; find your property using major surrounding street names. Each Zoning District is assigned its own color; locate the color your property is shaded in the legend to see your Zoning District.

2. What are the development standards (i.e. setbacks, height, etc.) for my property?

Development standards depend on Zoning District the property is located. The Municipal Code lists the standards for each Zoning District. Find your Zoning District using the Zoning Map; open the brochure for your Zoning District for a summary of the applicable standards.

3. What are the development standards regarding the Hillside Combining District?

Review this memorandum (PDF) to better understand the most frequently requested Hillside Development Standards.

4. What types of development or new businesses require Planning Commission and/or City Council approval?

All developments and new businesses require Planning review. Some types of businesses and development require discretionary review by the Planning Commission, Planning Subcommittee or City Council. Other developments or new businesses may be approved administratively by staff. For more information regarding the development, review check the provisions within the City's Zoning Code for the appropriate "Zoning district", "Special Uses (Section 13 )", "General Provisions (Section 54)" and "Applications (Section 57)" sections. For new businesses, check the appropriate zoning district's "Permitted and conditionally permitted uses" subsection for requirements.

5. Do I need a permit to reface my sign?

Yes. Planning Division approval is required, and a building permit may be required. Requirements for signs are located in Signs (Section 24).

6. I would like to obtain a temporary banner for my business. What is the process?

You need to complete and submit a temporary promotional sign application (PDF) to the Planning staff. You may only have four permits per calendar year. The first permit allows the display of the banner for 30 consecutive days, and each subsequent permit allows the display of the banner for 15 consecutive days. The maximum size of the banner is 60 square feet. The banner needs to be flush-mounted to the building wall.

7. What is a variance?

A variance is a permit issued to a specific location by an administrative agency (Planning Commission or the City Council acting as an administrative agency) to deviate from development standards (e.g., parking, setbacks) set forth in the zoning regulations section 57. In order to be approved for a variance, the proposal must meet several State-mandated findings.

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Planning - Senate Bill 9 (SB9)

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1. Can I use SB9 to split my parcel?

SB 9 "urban lot-splits" are subject to the same restrictions set forth in the preceding FAQ. (See Government Code § 66411.7.) If a parcel has some of these restrictions, please meet with a planner to determine the applicability of SB 9. SB 9 requires that each resulting lot be at least 1,200 square feet. A parcel may only be subdivided using SB 9 one time (i.e., the 2 parcels resulting from the urban lot-split may not be further subdivided pursuant to SB 9).

2. Can I rent out the units created by and SB9 project?

Applicants for an urban lot-split under SB 9 must sign and record a deed restriction that they will use one of the units as their primary residence for a minimum of three years. Otherwise, units may be rented, but for terms of at least 30 days (no Short-Term Rentals).

3. Does SB9 apply to homeowners' associations (HOAs)?

SB 9 does not address rules or restrictions implemented and adopted by homeowners' associations or included in CC&Rs (covenants, conditions, and restrictions). The City does not enforce private CC&Rs.

4. How does the Permit Streamlining ACT apply if these are ministerial actions?

SB 8, also effective January 1, 2022, extends the requirements of the Permit Streamlining Act to housing projects of one unit or more that require no discretionary approvals. As a consequence, SB 9 projects are subject to the Permit Streamlining Act's requirements for completeness determinations (within 30 days of submittal) and approval deadlines (within 60 days of determining that the project is exempt from CEQA).

5. Can I partially or completely demolish and existing dwelling for by SB9 project?

You may not demolish the dwelling if it is rent-controlled, subject to affordable housing restrictions, or a renter was evicted from the dwelling in the past 15 years. You may not demolish more than 25% of an existing dwelling's exterior walls if the dwelling has been a rental property in the past three years.

6. What are the qualifications for an Accessory Dwelling Unit?

One attached or detached ADU may be permitted on a single-family lot that has not been subdivided pursuant to SB9. An ADU is not permitted on an SB9 subdivided lot. Additional information on requirements for ADUs can be found in Milpitas City Code (MMC) Section XI-10-13.08.

In addition to complying with the design and development standards outlined in the SB9 2-Unit Objective Design Standards outlined in the urgency ordinance, and pursuant to MMC Section XI-10-13.08 (Streamlined Accessory Dwelling Units), the maximum floor area allowed for the Accessory Dwelling Unit shall be 800 square feet, the side-and-rear-yard setbacks are at least four feet, and the maximum height shall be 16 feet.

7. What is needed for a Junior Accessory Development Unit?

One Junior ADU may be permitted on a single-family lot that has not been subdivided pursuant to SB9. A Junior ADU is not permitted on an SB9 subdivided lot. Additional information on requirements for Junior ADUs can be found in Milpitas City Code (MMC) Section XI-10-13.08.

In addition to complying with the design and development standards outlined in the SB9 2-Unit Objective Design outlined in the urgency ordinance, and pursuant to MMC Section XI-10-13.08 (Junior ADU standards), the JADU unit must be constructed within the existing walls of an existing or proposed residential dwelling (i.e., one detached single-family home or one of the duplex units).

Pursuant to MMC Section XI-10-13.08, the maximum floor area allowed for the Junior ADU shall be 500 square feet.

Pursuant to MMC Section XI-10-13.08, a recorded deed restriction will be required stating that the owner shall reside in one of the units constructed on the property.

Note: An ADU / Junior ADU is not permitted when the lot is split pursuant to SB9.

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Public Works - Community Odor Monitoring

Show All Answers

1. How can you get involved?

If you detect a compost odor call the Local Enforcement Agency (LEA) hotline at 408-793-6938 or fill out LEA's complaint form

For all other odors call Bay Area Air Quality Management District (BAAQMD)'s toll free hotline 800-334-6367 (ODOR) or fill out BAAQMD's complaint form (these reports are shared with City Staff)

Help Describe the Smell

Because there are multiple possible sources of odor, it is helpful if you can describe the odor you are smelling. Use our Odor Wheel to help accurately describe what you are smelling when you submit an odor complaint.

Does it smell like soap? Sulfur? Skunk? How does it feel on your nose? Sharp or pungent? Metallic or irritating? Each type of odor has a different cause. The more information you can give, the easier it will be for inspectors to track down the source.

2. How does this study differ from the Bay Area Air Quality Management District's South Bay Odor Attribution Study?

The City's study focuses on assessing and quantifying odors potentially impacting the community with monitoring locations at different locations in Milpitas. This study will collaborate with the Bay Area Air Quality Management District (BAAQMD)'s South Bay Odor Attribution Study, which is occurring at generally the same time. The BAAQMD study will focus on odors from targeted facilities and processes in and around Milpitas.

To learn more about the Bay Area Air Quality Management District, please visit the BAAQMD website.

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Public Works - E-Waste Recycling

Show All Answers

1. Where do I recycle e-waste?

Check with manufacturers to see if they offer take-back programs.

You can also check out Recycle Stuff, a free referral service that provides information about where you can recycle virtually anything and everything, or contact Recycle Stuff at 800-533-8414 to find a recycler.

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Public Works - General

Show All Answers

1. How do I report a maintenance issue to the City such as water leaks, potholes, streetlight problems, graffiti, illegal dumping and other quality-of-life issues?

In an emergency, where the public health and safety is in danger, please call 9-1-1. In all other situations during business hours (Monday to Friday 8:00 am – 5:00 pm), call (408) 586-2600.  

On weekends and after business hours, call Milpitas Police Non-Emergency (408) 586-2400. You can also report it through the MyMilpitas App. 

2. How do I know if my tree is a City or Private Street Tree?

Street trees are located in the public right-of-way between the curb and sidewalk.The City’s Public Works Department is responsible for removing and pruning street trees. It is unlawful for a resident to prune or remove a street tree. 

Submit a service request to prune or remove a City street tree via the MyMilpitas App or calling (408) 586-2600.

3. Who do I contact for questions about my water, sewer or recycling / garbage bill or to set up a new account?

For water or sewer billing questions, or to set up a new water account, please contact the Finance Department at (408) 586-3100 or visit the Finance Department’s Utility Payment Services.

For recycling or garbage questions, please contact Milpitas Sanitation Customer Service at (408) 988-4500 from Monday – Friday, between 8 a.m. to 6 p.m., or via email at info@MilpitasSanitation.com. For detailed information about volume-based garbage rates, recycling and other solid waste services, please visit the Milpitas Sanitation website.

4. How do I get rid of miscellaneous large items?

Milpitas residents have a number of FREE options to dispose of bulky items:

• Bulky Item Pick-Ups: Single-family residential customers in Milpitas are entitled up to 4 free bulky item/clean ups in a rolling 12-month period (must be scheduled at least 8 weeks apart). 
• Zanker Voucher: Contact the City of Milpitas at (408) 586-3341 or MilpitasRecycles@milpitas.gov to request a voucher that allows you to dispose of accepted bulky items at the Zanker Material Processing Facility at 675 Los Esteros Road in San Jose.
• Neighborhood Clean-Ups: Contact the City of Milpitas by calling (408) 586-3341, e-mailing MilpitasRecycles@milpitas.gov, or visiting our Large Item Pick-up & Clean-ups page to find out when and where upcoming neighborhood clean-ups will occur. Register for the clean-up date that works best for you.

For details and information on all of the bulky item disposal options, visit Milpitas Sanitation's Bulky Item and On Call Clean-up Program page.

Paid options include:

• For large item removal projects, you can rent a debris bin and schedule a pick-up from Milpitas Sanitation. 
• Multi-family residential complexes can arrange for a bulky item pick-up/clean up for a fee. All fees must be prepaid. For more information, visit: Milpitas Sanitation's Multi-Family Bulky Item and On Call Clean-up Program page.

5. How do I get rid of my household hazardous waste (e.g. paint, unused medication, sharps, batteries, etc.)?

Schedule an appointment or find a drop off location for household hazardous waste at Santa Clara County's Household Hazardous Waste website. 

If you live in a single-family home in Milpitas, you are eligible for free curbside pick up of batteries, used motor oil/oil filters, and used cooking oil:

•  Battery Collection: Place household batteries inside a clear plastic zipper-lock style bag (no car batteries allowed). Please tape the terminals on lithium and 9-volt batteries. Place the bag on top of (not inside) your Blue Recyclables Split Cart for collection.
• Used Motor Oil and Filters: Contain used oil in a sealed 1-gallon, screw-top container* and filters in a sealed zipper-lock style bag*. Place next to (not inside) your blue recyclables split cart for collection. 
• Used Cooking Oil: Contain used cooking oil in a sealed 1-gallon, screw-top container*. Place next to (not inside) your blue recyclables split cart for collection.  

 *Free screw-top containers/bags provided by Milpitas Sanitation. Call to request at (408) 988-4500. 

6. What is the City’s street sweeping schedule?

To learn more about your neighborhood’s street sweeping schedule, view the City of Milpitas Street Sweeping map or call Milpitas Sanitation Customer Service at (408) 988-4500. You may also search for your service schedule by home address here.

You can also report street sweeping complaints to Milpitas Sanitation at (408) 988-4500, or by contacting the City of Milpitas by emailing MilpitasRecycles@milpitas.gov, or through the MyMilpitas App,

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Public Works - Household Hazardous Waste (HHW) Recycling

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1. What constitutes as HHW?

Many household chemicals used to paint, clean, and maintain our homes, gardens and yards can be toxic if they're used or disposed of improperly. Household hazardous wastes (HHW) are typically categorized as flammable, corrosive, toxic or reactive. These include but are not limited to:

• Flammable:
  • Latex and oil-based paints and stains
  • Petroleum-based products
  • Polishes
  • Gasoline
• Corrosives:
  • Acids
  • Bases
  • Batteries (car and household)
  • Drain clog remover
• Toxics:
  • Poisons
  • Pesticides
  • Gardening chemicals (e.g., fertilizers)
  • Ammonia
  • Solvents
• Reactive:
  • Pool chemicals
  • Hydrogen peroxide
  • Iodine
  • Perchlorates
• Miscellaneous:
  • Propane and helium tanks
  • Small oxygen tanks
  • Smoke detectors
  • Fluorescent lights
  • Hypodermic needles
  • Used motor oil
  • Computers
  • TVs
  • Cell phones

2. Why recycle HHW?

Leftover HHW should never be thrown in the trash or recycling bin, flushed down the toilet, or dumped down the drain or storm sewer. A few reasons why HHW should always be properly recycled include, but are not limited to:

• Chemicals contaminate our water supply
• Poured down storm drains, the chemicals end up in our creeks and the San Francisco Bay
• Chemicals can mix in the garbage truck and cause fires or toxic fumes
• Dumping hazardous wastes is illegal, and can result in fines up to $25,000

3. How do I recycle HHW?

Santa Clara County Hazardous Waste Program provides Saturday drop-off centers for medicines, cleaning chemicals, and batteries, etc. There is no charge for Milpitas residents to use this service. To participate, make an appointment online or over the phone:

• Online Appointment: residents may schedule an appointment online any time by clicking on the "Make An Appointment" button found on the County of Santa Clara HHW page
• Phone Appointment: make an appointment by calling 408-299-7300

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Public Works - Parks, Trees & Landscape Maintenance

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1. Do I need a permit to prune or remove a tree on my property?

Heritage trees, protected trees, and street trees (which are often on private property) may not be pruned or removed by the property owner without the city's written permission. If you have any question whether your tree is a street tree, heritage tree or other, please submit a service request.

2. How do I report a fallen tree or branch?

Submit a service request.

3. Does the City of Milpitas have a regular maintenance schedule?

City personnel perform routine maintenance street trees and park trees. Due to the magnitude of the inventory, the most critical and high priority work is scheduled first. We perform as much work as possible in the more efficient block pruning approach. A long-term maintenance schedule is not available at this time.

4. Who is responsible for watering new street trees?

The property owner is responsible for watering young street trees. The first two years are critical and the tree will need to be watered weekly from spring through fall.

5. I have an issue with roots from a street tree. Who is responsible?

The property owner is responsible for damage caused by tree roots and for mitigating root issues on private property. The city may repair damage caused by roots to public improvements such as sidewalk, curb and gutter.

6. When can a tree be removed?

Normally, a tree is removed only if it is dead, dying, structurally unsound, or creating a problem that cannot be resolved without causing great harm to the tree. Tree removal requests are processed on a case-by-case basis which includes a site inspection. The decision is made by the City Arborist.

7. If my street tree is removed, can I have the wood?

Leaving wood creates a liability on site. Crews chip all wood which is turned into mulch for reuse in the landscape.

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Public Works - Recycled Water

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1. What is recycled water?

Recycled water is defined in the California Water Code as "…water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. Basically, recycled water is highly treated wastewater that is reused for purposes such as agricultural and landscape irrigation, industrial processes, toilet flushing, or replenishing groundwater basins."

2. What is recycled water used for?

This water can be used for a wide variety of non-potable uses such as:

• Landscape irrigation
• Toilet flushing and cooling towers in commercial buildings
• Industrial processes such as carpet dyeing, concrete production and composting

However, this water is not approved for drinking. Every gallon of recycled water used for these purposes saves a gallon of drinking water.

3. Is recycled water regulated?

Yes. There are a variety of laws, regulations and statewide policies that govern how recycled water is defined, what it can be used for, and under what conditions in the State of California. Title 22 of the California Code of Regulations describes the treatment requirements for recycled water as well as the approved uses based on the level of treatment. Also included in Title 22 are the use area requirements which describe restrictions on its use and the requirement to notify the public through signage that a site is using recycled water.

Title 17 of the California Code of Regulations describes the requirements for backflow prevention devices required at a site when recycled water is being used. This is to prevent recycled water from getting into the public drinking water system in the event a cross-connection occurs at a site where recycled water is used.

4. Is recycled water safe to drink?

Although recycled water is treated to a high standard that meets state regulations, tertiary treated recycled water is not approved for drinking purposes. However, if you accidentally drink some recycled water do not panic. Recycled water undergoes an intensive filtration and disinfection process. Just like accidentally drinking water from a pool, a person may ingest some recycled water without experiencing adverse health effects. If you experience any negative symptoms, call your doctor.

For pets: There is no harmful effect if and when your dog or cat drinks from a recycled water puddle, just like when they drink water running down a gutter in the street. Recycled water is safer than water from a ditch or pond. However, it is not recommended to give your pet recycled water to drink.

5. Is recycled water safe for children playing in parks?

Recycled water is approved for irrigation purposes. In over 80 years of recycled water use in California, there have been no documented cases of any ill effects from proper use. Incidental contact with recycled water, such as walking on grass after it has been watered, is safe for adults, children and pets.

6. How will I know if a site is being watered with recycled water?

Sites using recycled water will be clearly marked with appropriate signage.

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Public Works - Senate Bill (SB) 1383

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1. Why divert waste?

Organics like food scraps, yard trimmings, paper, and cardboard make up half of what Californians dump in landfills. Organic waste decomposing in landfills is a large source of methane emissions, a climate super pollutant much more potent than carbon dioxide (CO₂).

By diverting organics from the landfill, you will help fight climate change by reducing greenhouse gas (GHG) emissions. Additionally, in Milpitas, food scraps and food-soiled paper are turned into an ingredient used in animal feed. This means more food for all!

2. Who is impacted and how can you comply with the new law?

Single Family

If you have a split-cart for garbage/food scraps, you are already in compliance! Keep up the good work by continuing to separate all food scraps and food soiled paper and placing them in the brown side/food scraps side of your split-cart.

Multi-Family & Businesses

All businesses and multi-family properties will need to have organic waste collection services (yard trimmings and food scraps). Contact Milpitas Sanitation, Inc. to sign up for collection services 408-988-4500 or visit the Milpitas Sanitation website).

Large grocery stores and food distribution businesses must donate edible food to food recovery organizations (such as food banks) with other food businesses starting food donations in 2024. To find out if you are required to donate excess edible food, visit the Santa Clara County Food Recovery Program page.

De Minimis Waiver

If you are a commercial business/multi-family generating only minimal amounts of waste, you may be eligible for the De Minimis Waiver (PDF) to be in compliance.

3. What counts as organic?

Organic waste includes yard trimmings, food scraps, paper, and cardboard.

4. What goes in the green yard trimmings cart/bin?

Your Green Yard Trimmings cart is for yard trimmings and clean wood only:

• Flowers and leaves
• Ivy and weeds
• Grass clippings
• Small branches (less than 6 inches in diameter)
• Tree stumps (smaller than 16 inches in diameter)
• Untreated dimensional lumber (less than 24 inches long)

5. What goes in the food scraps compartment (residences) or dedicated food scraps cart/bin (for businesses/multi-family complexes)?

All fresh, frozen, cooked and moldy food scraps, including:

• Peels, pits and rinds
• Dairy products
• Bread, pasta and other grains
• Coffee grounds and tea leaves
• Meats and bones
• Backyard fruit and vegetables

Food-soiled paper, including:

• Paper plates
• Napkins and paper towels
• Paper coffee cups
• Paper take out containers
• Soiled newspaper and kraft paper bags

You can use a clear plastic bag to collect the food scraps before placing in the cart/bin. Also remember to remove food from the packaging before disposing.

6. What do I need to do?

By January 1, 2022, every business, household, and commercial property (both existing and new) in California will need to subscribe to organic waste (both food scraps and yard trimmings) collection in addition to garbage and recycling. Single-family homes in Milpitas are already compliant due to the split cart system. Businesses, including multi-family dwellings, will need to subscribe to food waste collection. Contact Milpitas Sanitation (MSI) at 408-988-4500 to set up services.

If your business generates a lot of food waste (such as a grocery store, food warehouse, or large restaurant), you may be considered a Commercial Edible Food Generator and are required to set up a food donation program with a local food recovery organization. To find out more information about the edible food recovery portion of SB 1383, along with Santa Clara County's specific efforts, visit the Santa Clara County Food Recovery Program page.

7. What happens if I choose not to participate and do not subscribe to food waste collection?

Unlike other previous legislation for organics collection, SB 1383 authorizes municipalities across California to inspect and enforce for non-compliance. If found to be non-compliant, Milpitas will have the ability to issue citations and penalties.

8. I need help to determine how/if my service is adequate. Who do I contact?

Contact Milpitas Sanitation, Inc. (MSI) to set up an appointment for technical assistance. MSI have staff members who are trained to help you look at your operations to "right size" your containers and collection service levels and can answer questions about the new requirements.

9. I am a business that regularly deals with food. Do I have to donate my edible food?

According to the regulations, there are two tiers of Edible Food Generators. The following graphic from the State (CalRecycle) can help you determine whether you are Tier 1, Tier 2, or neither one. Depending on your Tier, there are different dates for your business to comply that is based on the tier classification of your business.

10. I need more information. Where can I learn more about SB 1383?

To learn more about SB 1383, you can visit the CalRecycle website.

To learn more about Edible Food Recovery and Food Donation, the City of Milpitas is working with the County of Santa Clara to coordinate regional collaboration and focus to businesses. You can learn more at the Santa Clara County Food Recovery Program page.

11. I have questions, is there someone that I can contact in the City of Milpitas?

Our Solid Waste and Recycling Team will be available to answer questions. Inquiries can be sent via email, or you can call 408-586-3342.

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Public Works - Sewer

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1. What is a Side Sewer?

A Side Sewer is the pipe that carries the wastewater from the house to the sanitary sewer main line in the street. Every building receiving sewer service from the City of Milpitas (City) has at least one Side Sewer.

The Side Sewer is divided into two sections, the House Lateral (public side) and the House Sewer (private side). The House Lateral (public side) is the section from the main line to the property line. The House Sewer (private side) is the section from the property line to the building, including the property line cleanout (if one exists).

2. What is a Sewer Main Line?

A Sewer Main line is a utility pipe that carries wastewater from the connected laterals to the wastewater treatment plant (via sewer force or gravity main).

3. Does the City fix sewer lines on private property (House Sewer)?

No. The area between the property line and the house (House Sewer) is the responsibility of the property owner and must be repaired or serviced by the owner or designated service personnel.

4. Does the City fix sewer lines on the public side (House Lateral)?

Yes. If there is a Property Line Cleanout, the City will conduct a Closed-Circuit Television Video (CCTV) evaluation of the pipe. Any structural defects such as a collapsed pipe, major offsets, or any other structural deficiencies that will create a blockage of >20% in the flow capacity of the line will be assessed for repair.

5. Can I get the City to install a sewer cleanout if I do not have one?

No. Sewer cleanouts belong to the property owner. It is the responsibility of the property owner to install a property line cleanout.

6. Do I need a permit to repair my Side Sewer?

Yes. A permit is required to repair the Side Sewer. A city engineer will inspect the lateral to validate that the work was performed according to code. If you need guidance on policies or procedures, please contact the Engineering Department at 408-586-3300.

7. What is a sanitary sewer overflow (SSO)?

A sanitary sewer overflow (SSO) is a condition in which untreated sewage is discharged from a sanitary sewer into the environment prior to reaching sewage treatment facilities. Most sewage spills are relatively small and can be stopped and cleaned up quickly, but left unattended they can cause health hazards, damage to homes and businesses, and threaten the environment, local waterways, and beaches.

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Public Works - Storm

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1. Who do I call to report a clogged catch basin, flooded streets, or illegally dumped materials in the public right-of-way?

In an emergency, where the public health and safety is in danger, please call 911. In all other situations, call 408-586-2600.

2. What is stormwater pollution?

Stormwater pollution is when water from rainstorms, garden hoses and sprinklers causes runoff that collects harmful debris and flows through local creeks, rivers and lakes - eventually draining, untreated, into the ocean.

3. What is a watershed?

A watershed is an area of land that collects water whenever it rains or snows. Through gravity, water is channeled into soils, groundwater, creeks, and lakes and drains into larger bodies of water such as rivers. Eventually, the water flows to an ocean. 

We all live in a watershed, and whatever we do to the land will affect water quality downstream.

4. Is storm water treated before it flows into the ocean?

No. Storm water flows do not receive any treatment because of the sheer volume of runoff - tens of millions of gallons on even the driest day - from an area encompassing more than 1,000 square miles.

5. How can I help keep my neighborhood and local waterways pollution free?

Getting involved is a great way to keep your neighborhood and local waterways clean. Here are a few simple ways to help keep pollutants out of local water bodies:

• Participate in or organize a local neighborhood clean-up.
• Educate your friends and family about the impact pollutants have on water quality.
• Reduce, reuse and recycle.
• Always use canvas bags when shopping.
• Consider installing a rain barrel on your property to harvest the rain. It's a great way to save money and conserve one of our most precious natural resources!

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Public Works - Street Sweeping

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1. Who provides street sweeping services and how do I contact them with questions and concerns?

Street Sweeping Services are provided by Milpitas Sanitation; they can be contacted directly at 408-988-4500. Street sweeping services are not conducted by City of Milpitas staff. If there is something that you wish to bring to the City's attention, you can contact the Solid Waste Team by email.

2. Why can't I park on the street on my street sweeping day?

There is a lot of area to cover for the street sweeper so the time that the sweeper arrives in your neighborhood may change from week to week. If the vehicles are not moved, then the street sweeper cannot sweep the gutter (curb). Litter and debris by the curb will be washed down the storm drain and negatively impact our environment. However. after the sweeper comes through a neighborhood, you are more than welcome to resume parking on the street; just give it a chance to clean the area first.

3. I saw the street sweeper driving at 25 miles per hour (mph) with the brooms up. Why isn't it sweeping my neighborhood?

The street sweeper vehicle(s) have a lot of ground to cover and may be on its way to another neighborhood area. If it was not driving at 5 mph with the brooms down, then it may not be your neighborhood's street sweeping day. You can double check your street sweeping schedule at Milpitas Sanitation's website.

4. Why did the street sweeper park for a few minutes in my neighborhood and then drive off?

There may be two reasons for this. The first is that everyone, including the drivers of the vehicles, are required to take breaks per California's Meal and Break law. The second is that the driver may be reviewing the sweeping routes before moving onto the next area.

5. Can I put leaves out for the street sweeper to pick up?

No, please put your leaves into the green cart/bin. The street sweepers cannot pick up large piles of leaves; the vehicle is designed to pick up smaller debris and if it comes into contact with the pile of leaves, it will spread the leaves all over the street. There is a special leaf clean-up conducted by Milpitas Sanitation during the fall/winter to specifically handle this issue.

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Public Works - Street Sweeping Pilot

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1. What is going to happen during the pilot and how do I participate?

This pilot is focused on improving the effectiveness of street cleaning by getting the street sweepers more access to the street and curb. Signs will be installed to let you know when cars should be moved. Be sure to check signs for specific street schedules as different sides of the street will be swept on different weeks.

You can participate and help by moving your vehicle! It's that easy! No parking anytime during sweeping times (10 am to Noon) during applicable days, even if the street sweeper has come through. Check your street sign for the applicable day.

Help us keep your neighborhood clean and litter free!

2. How were the neighborhoods chosen?

The goal of the neighborhood selection was to get a good mix and representation of the different residential areas within the City. The neighborhoods were chosen based on several factors, including:

• Composition of neighborhood
• Location to schools
• Street size
• Impacts in the City's trash load reduction plan
• Input from Milpitas Sanitation

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Public Works - Street, Sidewalks, Signals & Lighting

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1. What is the street sweeping schedule?

Street sweeping is provided by Milpitas Sanitation, Inc. Please call Milpitas Sanitation at (408) 988-4500 for your neighborhood's schedule, or visit Milpitas Sanitation's website. 

2. What are the street sweeping guidelines?

• Keep cars off street from 7 am to 5 pm on sweeping day. Regular sweeping removes the dirt and pollutants that accumulates on streets. Vehicles parked on the street block curb access and eventually allow debris to enter the storm drain, local creeks and the San Francisco Bay. Thanks for doing your part to keep our streets and Bay clean year round!
• Use your green yard trims cart for large amounts of organic material such as leaves, branches, plants and grass clippings. The sweeper can only remove piles less than 3 inches tall and 12 inches wide.
• Fall/Winter Leaf Clean-up: Fall is a beautiful time of year - until all the leaves drop from the trees! Set out leaves and branches in your Yard Trimmings Recycling Program cart every week to keep these materials out of storm drains. In targeted neighborhoods, streets are swept once a week during the months of November and December. You will receive notification from the City of Milpitas if you live in one of these neighborhoods.

3. Who do I contact to trim trees away from traffic signs, signals, and/or from obstructing line of sight?

Please submit a service request.

4. How do I report a malfunctioning traffic signal or street light?

Please submit a service request.

5. What if I can't move my vehicle on street sweeping day?

All vehicles must comply with the posted signs. If a vehicle is broken down a citation recipient may request for a review of the citation as outlined in item #2 on the back of the citation and upon the presentation of a valid tow, repair, or parts receipt and with no other outstanding parking citations may receive a one time waiver. While there are few other exceptions to the posted signs, the parking enforcement office does work with residents with extenuating circumstances by providing parking alternatives, ample notice of the sweeper so that vehicles can be moved, etc.

6. How do I report a pothole?

Please submit a service request.

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Public Works - Water

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1. Where does the City of Milpitas receive water?

The City has two water suppliers for the City: San Francisco Public Utilities Commission and Santa Clara Valley Water District.

2. Why does the meter service charge increase with meter size?

The meter service charge recovers fixed costs such as billing and collections, and customer service, which do not vary with the amount of water used. It also recovers the maintenance and capital costs associated with the meter. As meters increase in size, they require additional testing and attention, and cost more to repair and replace.

3. What are the water use regulations?

Please visit the Save Water Milpitas website for more information on current drought conditions, water use regulations, and water conservation practices.

4. What can I do to reduce my water bill?

Reducing the amount of outside irrigation is the most significant way to reduce the charges from your metered use. On average, 60% of the water used by a residence is used outdoors for irrigation, and watering your lawn is likely your single largest water use.

• Making sure you have efficient fixtures in your home, including shower heads, toilets, and washing machines will also help you conserve water and lower your bill
• In order to conserve water, consider:
  • Installing aerators on bathroom faucets (saves 1.2 gallons per day per person)
  • Washing only full loads of laundry (saves 15 to 45 gallons per load)
  • Turning off the water when brushing your teeth or shaving (saves 10 gallons per day per person)
  • Reducing shower time (could save 10 to 20 gallons per shower)
  • Fixing leaky toilets (saves 30 to 50 gallons per day per toilet)
  • Installing efficient WaterSense-labeled shower heads (saves 1.2 gallons per minute)
  • Installing efficient WaterSense-labeled toilets (saves 19 gallons per day)

The City worked with Valley Water to provide landscape rebates and supplies to help you save water. Free water-saving devices are available at Valley Water's Online Shopping Cart. Learn more about rebates available and tips at the Save Water Milpitas website.

5. Why are water rates going up if the drought requires us to use less water?

The new rates take into consideration water conservation previously mandated by the state. It is anticipated that conservation will initially cause a 20% to 28% reduction in consumption. Some of the costs of operating the water system go down when we use less water, such as the electrical costs of running the pumps. However, most of the costs do not depend on how much water is used, such as the cost of the distribution system, water quality monitoring, and debt payments on previous water bonds.

There are also some extra expenses for keeping the wells operating adequately due to the drought, such as the loss of one well and repairs that are necessary to address lowered water tables in three other wells. The water rates need to be set at a level so that the costs of operating the water system can be covered regardless of how much water is used.

6. Why do water rates vary from city to city?

No two cities are the same. There are many factors that impact the cost of providing municipal water, such as the age of the system and the availability of surface water. Rates can only be set to reflect each system's costs of providing the water and related services.

Unlike a private water company, there are no profits generated in a municipally owned system. Revenue from the rates collected by the City cannot be used for unrelated expenses, such as costs of police, fire, or parks. The individual fees that are charged must be representative of the services received. This means one category of customers cannot pay for higher costs associated with a different set of customers.

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Recreation & Community Services - Aquatics

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1. What are the instructor ratios for the swim lessons?

Instructor-to-student ratios are:

• Tiny Tots Group Lesson - 1:4
• Beginners/Advanced Group Lesson -  1:8
• Private -  1:1

2. What skills will my child learn from Tiny Tots and/or Learn-To-Swim?

Upon successful completion of all levels of the Tiny Tot Swim program, your child will be able to get more comfortable in the water. In addition, they will be able to blow bubbles, float with the support of their swim instructor, and perform "big arms" and "big kicks" on the wall.

Upon successful completion of all levels of the Learn to Swim program, your child's newly improved knowledge of swimming will help increase their awareness of water safety. The Learn-To-Swim program will emphasize all three beginner's stroke techniques, breath control, and basic water skills.

3. What are the Advance Level Swim 4, 5, and 6?

Students who have successfully passed Level 3 of the Learn-To-Swim program, or can demonstrate all of the Level 3 completion requirements may participate in Advance Level Swim 4, which is strongly based on Level 3 and offers teachings on breaststroke, sidestroke, and elementary backstroke.

Students who have successfully passed Level 4 of the Learn-To-Swim program, or can demonstrate all of the Level 4 completion requirements may participate in Advance Level Swim 5/6, which will primarily focus on stroke refinement, stamina, flip turns, and diving progression.

4. What is the water temperature of the City's pools?

The yard pool’s water temperature ranges from 86 to 88 degrees Fahrenheit. The meter pool ranges from 76 to 78 degrees Fahrenheit. The variance is based on weather temperatures, sunlight, and how long the pool has been uncovered.

5. Are diapers or pull-ups allowed?

Diapers or pull-ups are not allowed in the pools. Children’s specialized swimming pull-ups are required.

6. Is my child allowed to wear flotation devices?

No, the policy strictly clarifies that water wings, life jackets, and other flotation devices are not allowed to be worn in the water for safety purposes.

7. Why has my child been in the same level multiple times?

Many factors come into play when it comes to the speed of progression of a swimmer’s skillset. Students who take seasonal swim lessons usually need a refresher to remember the skills that they have forgotten through the off-season. It’s also common to see a child at the same level for multiple sessions since there are a lot of skills to learn and students develop their skillset at different speeds.

8. How can I prevent my child from vomiting in the pool?

We strongly recommend that parents feed their children at least one hour before their lesson. When a vomit or fecal accident occurs there is a brief mandatory closure that we wish to prevent. If students vomit twice during a session, they will be excused.

9. What happens if my swim lesson is canceled due to a vomit or fecal incident?

If a student throws up before the 15 minute mark, we will make sure to refund the lesson. However, if a student vomits after the 15 minute mark, we will issue a 50% reimbursement for the single lesson.

10. How early should I put sunscreen on my child? What are the outside showers for?

We strongly recommend that students apply sunscreen at least 30 minutes before the lesson. You must allow adequate time for the sunscreen to dry. We require that students rinse off at the outside showers before they hop into the pool. Students lathered in sunscreen on the pool deck just before the start of class will not be allowed to enter the pool as this will cloud the pool water.

11. Why are bystanders not allowed to stand on the pool deck?

It is a safety issue for patrons to stand on the pool deck during swim lessons. In case of an emergency, we need the pool deck to be clear to activate the Emergency Activation Plan. If you have a question please ask the Aquatic management or speak briefly to your child's instructor before or after class, never during.

12. Why does my child have a different instructor today?

It is possible your child's instructor was out sick or has a prearranged commitment. We do our best to ensure that there are minimal absences but we cannot foresee when an instructor is not able to come to teach due to sudden illness.

13. Where is the designated sitting area for parents/guardians/bystanders while waiting for a swim lesson?

Parents or guardians must be present sitting in the picnic area or shaded bleachers. Parents are not allowed to drop their children off and leave because they must be present in case of any emergency. Remember that parents cannot stand on the pool edge and watch or photograph their child.

14. Can I take photos of my child during swim lessons?

You cannot take a photo of any child that is not your own. You can however ask your instructor if they would like to take a photo with your child on the last day of class. No videotaping of lessons is allowed.

15. How long are the swim sessions and classes?

The swim sessions are two weeks long, Monday through Thursday. Classes are 30 minutes long.

Except for the second session (7 classes due to the 4th of July holiday), all other sessions are 8 classes.

16. What is the Parent and Me Lesson?

Parent and Me is no longer drop-in-based and will be led by an instructor who will teach proper holds and begin immersing your child in the lesson to get them comfortable as they progress into tiny tots.

17. Can my child wear a swim cap and goggles?

Yes, we recommend your child to wear a swim cap and goggles to protect their hair and eyes.

18. What is the proper swim attire?

It’s best if female students wear one-piece swimsuits or two-piece swimsuits. Male students may wear jammers or swim trunks

 If needed, swimmers may wear a white t-shirt or a rash guard.

19. Are daily check-ins are mandatory?

Daily check-ins for attendance are mandatory in case of an emergency evacuation. Parents and/or guardians must check-in their child at the check-in desk on the pool deck, not the Milpitas Sports Center front desk.

20. Will I, as a parent, be allowed in the Youth Locker Rooms?

Yes, parents will be allowed to be in the Youth Locker Rooms with their children before, during, and after lessons. We prohibit adults from being in the Youth Locker Rooms without their children.

21. When will I be able to use the Family Changing Room?

Parents are free to use the Family Changing Room during recreational swim events and lessons. However, there is only one Family Changing Room.

22. Can parents enter the training pool?

We prohibit parents from entering the training pool. However, they may dangle their feet on the side of the pool.

While we do understand the urgency to be near your child at all times, having parents in the puddle pool will block the assigned lifeguard from safely guarding every child in the pool and may result in an easily-prevented emergency.

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Recreation & Community Services - Class Registration

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1. Can I register classes for my friend and/or non-immediate family members?

No, however, you may submit the registration form and payment on their behalf. The registration form must be signed by the participant's parent or legal guardian.

2. What documentation can be used as proof of residency?

Documentation of residency may include, but isn't limited to:

• Driver’s Licenses
• Current Utility Bills
• Bank Statements
• Current Phone Bills
• Car Registration
• Lease Agreements

3. What happens when the class I am registering for is full?

If your class is full, you can be placed on a waitlist and we will contact you if an opening occurs prior to the second class day, or we can register you in another class of your choice.

4. When is the last day I can register my child for a class?

Registration will not be accepted after the second class meeting.

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Recreation & Community Services - Facility Rentals

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1. May I reserve a facility through the phone?

No phone, mail, or fax reservations are accepted.

2. What documentation can be used as proof of residency?

Documentation of residency may include, but isn't limited to:

• Driver's Licenses
• Current Utility Bills
• Bank Statements
• Current Phone Bills
• Car Registration
• Lease Agreements

3. Can I drop off and/or store items prior to my reservation time?

No, items can be dropped off and/or stored prior to the setup time which was indicated on the application. Also, applicants may enter the premises at the set up time indicated on the application and no earlier.

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Recreation & Community Services - Miscellaneous

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1. How can I volunteer with the City of Milpitas?

Volunteer applications can be picked up and submitted at any of our Recreation Services sites as well as submitted online through the City of Milpitas website.

2. Can I use my Sports Center membership at the Senior Center and vice versa?

 No, Sports Center and Senior Center memberships are separate and site-specific.

3. Do you charge a fee to attend the Summer Concert Series or Movie Night Out?

No, both events are free of charge. Please note that food items are not provided and may be purchased from vendors if available at the event.

4. How can I become an instructor?

Instructors who are interested in offering classes with us can view our Become an Instructor page - our class proposal form, instructor handbook, as well as additional information on how to submit a class proposal can be found there.

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Recreation & Community Services - Park Rentals

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1. May I reserve a park over the phone?

No - no phone, mail, or fax reservations are accepted.

2. What does a park reservation guarantee me?

When reserving a park, you are guaranteed all the in-ground barbeque pits and tables only. The park is still open to the public as well as the grass area.

3. Can I serve alcohol when reserving a park?

Alcohol may be served at the park but must be kept and served at the table areas only.

4. Can I have a bounce house at my event?

Yes, you may have a bounce house, however, you must have a reservation/permit for the park and the bounce house must be set up in the grass area only. No electricity is provided, a generator must be supplied by the applicant or the bounce house company. Also, the company may not drive a vehicle on to the grass area.

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Recreation & Community Services - Refunds

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1. Can I cancel a class and receive a refund or transfer into a different class?

In order to receive a refund check, you must submit the Transfer/Refund Request Form to the office 10 calendar days prior to the first Class/Camps. "Class" shall mean all of the meetings for each separate activity per session. A $10 service charge is withheld from each Class/Camps you are requesting a refund for. Material fees are non-refundable if you cancel/transfer out of the class. All transaction fees are non-refundable. Should a Class not meet its minimum number of students within 3 days of starting, it will be canceled, and a full refund is issued.

Please Note: If your class payment was made with a credit card, refunds cannot be credited back to the credit card. Transferring from one Class to another Class is permitted with a $10 processing fee, as long as the office is notified with a Transfer/Refund Request Form 7 calendar days prior to a Class starting.

2. When do I receive the refunded check?

You will receive your refund check in the mail in 30 days.

3. Can you credit back my credit card that was used at time of registration?

No, refunds are only issued in mailed checks and credit to your City Recreation account.

4. Is the processing fee refundable?

No, processing fees are non-refundable.

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Senior Nutrition Program

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1. Who is eligible to receive a Gold Scan Card?

Any senior (60 and older) can make a reservation. We ask that you complete a Santa Clara County registration form for all participants over the age of 60 to receive a Gold Scan Card.

2. Is there a cost, and where does my donation go to?

There is a suggested contribution of $3 per meal for seniors ages 60 and older. However, no eligible senior is ever denied because of a failure or inability to contribute. There is a required $9 fee for guests under the age of 60. You can place your contribution (cash or check payable to the City of Milpitas) in the cash box when checking in. Your donation goes back to the Senior Nutrition Program.

3. Do I need to make reservations for lunch?

Yes. Call 408-586-3413 to make your reservation by noon the day before. For Monday reservations, you must call by noon on the Friday before. Leave your name, phone number, date for the meal, and meal choice. Any reservations that haven't been checked in by 11:45 am will be given to people on the waitlist.

4. I’m on the waitlist. What happens next?

When placed on the waitlist, meals that haven’t been claimed will be released to you on a first-come, first-served basis. Being placed on the waitlist does not guarantee you a meal.

5. What is a Meal Punch Card, and how much does it cost?

Meal Punch Cards may be purchased on-site. A Meal Punch Card is a pre-paid card you can purchase for $30 and receive a complimentary meal. You must present this card when checking in for your reserved meal.

6. What do I bring when checking in for my meal?

Please bring your Santa Clara County Gold Scan Card, cash for payment, or Meal Punch Card.

7. Who provides the catered food?

The meals are catered by Santa Clara County-approved caterers Bateman and MoonChef. A detailed menu for each day is available upon request and is posted on the bulletin board in the auditorium.

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Short-Term Rental

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1. What is a short-term rental?

A short-term rental (also called an STR) is a furnished, self-contained single–family residence, apartment, or room rented for a short period (up to 30 consecutive days) as opposed to month to month or annually. Short-Term Rentals are also known as vacation rentals, transient rentals, short-term vacation rentals, resort dwelling units, and are typically found through companies such as Airbnb™, HomeToGo™, FlipKey™, Vrbo™, Tripping.com™, and other vacation rental websites.  For a more complete overview, read the Short-Term Rental Ordinance in the Milpitas Zoning Code Section 13.

2. What is a "host"?

A host is either the property owner or resident of the property where the STR is located. 

3. How do I register with the City of Milpitas as a business and a short term rental?

You may only offer short-term rentals once you have obtained a Home Occupation Business License for your property from the Milpitas Business License Center and then received a permit from the Planning Department. The permit number must be posted on all listings advertising a short-term rental.

4. Did the primary law on short-term rentals change?

Yes. Prior to 2020, all short-term residential rentals (stays of less than 30 days) were illegal in Milpitas (per the City’s Planning Code). This included rentals for the entire home, or just a portion (e.g. private room listings). However, beginning in July 2020, hosts were eligible to register, with the Planning Department, in order to host limited short-term rentals; and only in eligible homes where the host also lives at least 275 nights per year. Short-term rental hosts are required to register with the Planning Department.

5. What are the rules for Live / Work Units?

• You can host short-term rentals in the residential portion of a live/work unit, if you are a permanent resident of that unit and both live in and host short-term rental guests exclusively in the “live” area of the unit.
• Short-term rental activity (e.g. sleeping, lounging/resting, or cooking areas) is not allowed in the “work” portion of the live/work or artist live/work unit. This is typically noted as such in a Notice of Special Restrictions, or “NSR,” recorded on the overall property.
• You may not reside in the “work” area and use the “live” area of the live/work unit for short-term rentals.
• Please note that many NSR require that the resident of a live/work unit use the work space for specific types of business activities and hold a business registration for that specific activity. Short-term rentals would not be considered qualifying business activity.

6. What properties are ineligible for short-term rentals?

Certain types of properties are never eligible for short-term rental. Please email Short Term Rentals if you are not sure how your property is classified.

1. Income-restricted affordable housing, including Below-Market-Rate (BMR) units and public housing.
2. Legally-established Accessory Dwelling Units (ADU); which are a specific type of "in-law" or "granny flat" approved by the Department of Building Inspection. Only rentals/listings for 30 days or longer, per guest (30-day minimum stay), are allowed in ADU. Short-term rentals hosts must live in the same individual dwelling unit, so they could not reside in the main unit and utilize the "ADU" for short-term rentals (or vice versa).
3. Sleeping quarters in most shipping containers and outdoor areas, including tipis (teepees) and tree houses.
4. Sleeping quarters in vans or (RV) recreational vehicles (this may also violate the Police Code). RV are not considered residential units.
5. Non-residential areas within buildings, such as living/sleeping quarters added in garages.
6. Commercial office/retail or industrial (warehouse) spaces.

7. Are there any fees associated with operating a short-term rental?

Fees include the cost of a business license ($100) to be renewed annually, a Short-Term Rental permit ($509) also to be renewed annually, and monthly occupancy tax payments. 

8. What are the laws regarding other types of rentals?

Rentals Longer than 30 Nights: Renter Rights and Rent Control

Rentals for more than 30 consecutive nights (by the same visitors) are not subject to short-term rental regulations or subject to hotel (transient occupancy) taxes. Business personal property taxes may still apply (administered by the Santa Clara Assessor-Recorder).

In addition, rental/tenant protections and rent control provisions may apply to stays of 30 days or more. The Planning Department cannot provide advice on tenant protection or rent control rules and laws. Contact the Housing Department for more information.

If rentals are offered for more than 30 nights per guest stay (for those dwelling units not authorized to offer short-term rentals by the Planning Department) ensure that booking calendars and advertisements for all online listings clearly indicate a 30-day minimum stay.

Renting Your Home for Meetings and Events

Some hosts use online platforms to rent out portions of their home for daytime events such as work space usage by individuals booking short time segments; or for ceremonies, conferences or meetings. This type of activity generally violates Planning Code rules if the space being used is intended for residential use.

Short-Term Rentals in Commercial and Industrial Buildings

Short-term rentals may only be hosted in areas that are permitted for residential use. For example, short-term rentals may not be held in a institutional, commercial or industrial building, unless a specific portion of the building is authorized (per the Department of Building Inspection) as a residential dwelling unit. In addition, vehicles (including RVs and Camper Vans) and temporary structures (such as tents, sheds, tree houses, etc.) may not be used for short-term rentals. Short-term rentals can be hosted in residential portions of live-work units; if the host is a permanent resident. However, the short-term rental activity is not considered a qualifying business activity in those specific live-work units where a notice of special restrictions (NSR), recorded on the property, requires a business activity/registration for the "work" area. Also see: "Ineligible Properties."

What is the basis for the City of Milpitas to create regulations for short-term rentals?

The Milpitas Charter references it'ss authority as a charter city to make and enforce all local laws and regulations that are not in conflict with general state laws per the California Constitution, Article XI, Section 7.

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Simple Mobile Access to Reliable Transit (SMART)

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1. What are the Milpitas SMART health guidelines during the COVID-19 pandemic?

Milpitas SMART is committed to offering a safe transportation option that adheres to all local and state public health guidelines. We recommend that all drivers and passengers wear face masks.

2. Where can I ride Milpitas SMART?

Service will be available in all areas within Milpitas. Pick-up and drop-off locations may be a short walking distance from your searched location.

3. What are the Milpitas SMART service hours?

Monday through Friday, 7am to 7pm.

4. How is this different from Uber or Lyft and other transit services in the area?

Milpitas SMART combines the convenience and flexibility of ride-hailing services like Uber or Lyft with the capacity and affordability of traditional transit services. Milpitas SMART allows on-demand booking and pick-up at virtual stops to minimize wait times.  The rides are affordable, and the vehicles allow for ADA accessibility, bike storage, and greater capacity. Additionally, Milpitas SMART will only provide rides from a virtual stop to one of four hubs in Milpitas (Milpitas Transit Center, Great Mall, City Hall, and VTA Alder Station) and vice versa to offer a first/last-mile solution and support ridership for existing transit services (VTA light-rail and bus and BART).

5. What other modes of transit can I connect to?

Milpitas SMART will connect to:

• VTA light rail service: Orange Line (Alder, Great Mall, and Milpitas Transit Center)
• VTA bus service: lines 20, 44, 47, 60, 66, 70, 71, 77, and 104
• AC Transit bus service: 217 and 239
• Milpitas BART Station: Orange Line and Green Line

6. Where can I board Milpitas SMART?

Pick-up and drop-off will be available at designated locations within the pilot zone.

7. What type of seats can I book?

If you are a passenger with a bike, you can book a seat with Regular (bike) option. Bike racks have the capacity for two bikes.

If you require accessible seating, you can book a seat with Accessible option. You also have the option to add an additional companion traveling with you as a Regular Seat.

Other passengers can book up to 5 seats with Regular option.

Please remember that all passengers in one booking need to travel at the same time and get picked up and dropped off at the same stops.

8. How much does it cost for a ride?

The regular adult fare is $2.50 per ride but the City will offer a reduced fare of $1 per ride for youth, disabled, and low-income persons. Children 5 years of age and younger can ride for free. Children must be accompanied by a parent, guardian, or responsible person over the age of 16.

9. Am I eligible for a reduced fare?

Youth, disabled, and low-income persons (household income of 200% of the federal poverty level or less) will be eligible for the reduced fare of $1.

10. How do I pay for a ride?

You can add a credit card to your Milpitas SMART account and pay when you book your ride. Alternatively, you can pay with cash when you board the vehicle but must have the exact fare as change will not be provided.

11. How do I book in advance?

Choose a date or time in advance. Bookings can be made on-demand up to 7 days in advance.

You have the option to book for multiple days with the same pick-up and drop-off schedule.

12. How do I schedule a trip?

Book trips with the Milpitas SMART mobile app (Apple App Store or Google Play) on the web booking site, or by calling 408-330-3302. If you book a trip on the web booking site, you will not receive automatic alerts about the status of your trip as you would when using the mobile app.

When you make a reservation, you will be able to choose from a list of options for the pick-up and drop-ff times that best suits your schedule.

13. How do I cancel or change a scheduled ride?

You cannot change your existing ride-booking. However, you can cancel your ride and book a new ride that suits your pick-up location or destination. A trip can be cancelled with the Milpitas SMART app, online on the web booking site, or by calling 408-330-3302 If you have pre-paid for your ride with a credit card, a credit will be applied to your account.

14. Can I book in another language besides English?

The Milpitas SMART app and web booking site are currently available in English and Spanish. Patrons can call 408-330-3302 to book in English.

15. How do I know when a driver will pick me up?

Your ride booking will specify a time window of 10 minutes for pick-up. We advise you to reach your pick-up point 5 minutes before your pick-up window. As it gets closer to the time of your ride, we will send you an updated ETA. You will also receive a notification when your vehicle has arrived. Updates are sent via SMS and the Milpitas SMART app. Furthermore, you have the option to use the mobile app to track your vehicle’s location in real-time as it comes to pick you up.

16. How will I recognize my Milpitas SMART ride?

Milpitas SMART vehicles have distinctive coloring and graphics. In addition, the app and SMS notifications will provide the vehicle number you are expecting as your ride approaches.

17. How long will the driver wait for me?

You will receive a notification when your vehicle has arrived to pick you up. As a courtesy to your co-riders, the driver will only wait for up to 1 minute. To stay on schedule, the vehicle will depart of you do not show up within the 1-minute waiting period.

18. What if I do not show for my ride?

When you book a ride with Milpitas SMART, you are making a commitment to the system and driver as a schedule is created to accommodate your trip. If you are unable to take the ride, we advise you to cancel as soon as possible.

19. Will I be able to rate my trip?

Yes. At the end of the trip, mobile app customers will be invited to rate their ride and submit comments about Milpitas SMART.

20. What is Milpitas SMART's policy for car seats?

In compliance with California law, all passengers under 8 must ride in an appropriate Child Restraint System (CRS), such as a safety seat or booster; and all passengers under 2 must ride in an appropriate rear-facing safety seat. Caregivers must provide an appropriate safety seat and install it in the vehicle. Unfortunately, while drivers can provide information about latch attachment points, they cannot assist caregivers with installation.

21. What if I am traveling with a service animal or pet?

Service animals are always welcome, as required by law. All other pets must be secured in an enclosed carrier to board Milpitas SMART.

22. Who will be my driver and are they required to have background check?

All Milpitas SMART drivers are screened before they are hired and have received specialized safety training, including incident prevention. All drivers must also pass a thorough background check.

23. What if I have comments, concerns, or questions about Milpitas SMART?

You can send any comments, concerns, or questions within the app or web booking site by navigating to the “Help” menu. Alternatively, you can call 408-330-3302 or email Support for assistance. 

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TOT Remittance & Monthly Reports FAQs

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1. What is "Occupancy Tax"?

Occupancy tax is a tax (in conjunction with the fee) on the rental of an STR. The City requires the collection of occupancy tax for STRs in Milpitas. The guest generally pays the occupancy tax, but the host (or property owner) is responsible for paying the tax to the City of Milpitas. 

2. What is the TOT rate?

The current TOT rate is 14%.

3. Do I need to submit a monthly report even though Airbnb collects and remits TOT on my behalf?

Yes, all hosts must still submit a monthly report, even those who list on Airbnb exclusively. Airbnb only remits TOT on behalf of Milpitas hosts but they do not submit the required monthly report information.

4. What does 'taxable receipts' include?

Taxable receipts includes, but is not limited to, nightly rents, weekly rents, standard cleaning fees, pet fees, parking fees, internet charges, late check-out fees, extra person fees, and resort fees. Taxable receipts excludes refundable deposits and any additional items included in a special package rate, such as ski passes, or other recreational activity or additional service subject to CA sales tax.

5. What information do I need to provide for the monthly report?

The monthly report requires you to report the following:

• The number of nights a short-term rental was rented for during the reporting month.
• The total amount of taxable receipts for short-term rentals during the reporting month. See the previous question for a definition of 'taxable receipts'.

6. When and how do I remit TOT and my monthly reports?

Submit TOT remittance and reports here. You will need to have already registered and obtained a Short-Term Rental permit to access the system. You will also need to have your Short-Term Rental permit number ready.

The deadline for monthly reports and TOT remittance: shall be on or before the last day of the month following the close of each calendar month. For example, certain rental activities for the month of April will be due on or before May 31.

7. Can I remit the TOT payment in person, or can I mail it and pay via check?

No, TOT remittance can only be made online. You can pay TOT remittance online here.

8. I did not conduct any rentals during the reporting month. Do I still need to complete a monthly report?

Yes, all host must submit a monthly report every month regardless of whether or not they had any short-term rental activity.

9. What happens if I do not remit TOT or submit a monthly report by the specified deadline?

Penalties and interest begin to accrue beginning the 31st day after the month's end. For example, penalties will begin to accrue beginning December 1 if you failed to remit TOT for October by November 30.

Operators shall pay a penalty of 25% of the amount of the tax in addition to the amount of the tax. In the event of continued delinquency (defined as failure to remit any delinquent remittance on or before thirty (30) days following the date on which the remittance first became delinquent), an additional 25% penalty of the amount of the tax shall be assessed. Assessment of this penalty shall not prevent the City from pursuing criminal or civil actions against the operator to the extent allowed by law.

In addition to the penalties imposed, any operator who fails to remit any tax imposed by this Chapter shall pay interest at the rate of 1% per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. For more information, please refer to Chapter 13 - Transient Occupancy Tax.

10. Who can claim a tax exemption?

Non- Transient: any person occupying space in a hotel shall be deemed to be a transient until the period of 30 consecutive days has expired unless there is a written and legally binding agreement between the operator and the occupant providing for a longer period of occupancy.

Domestic Government: any federal or State of California officer or employee on official business

Foreign Government: Any officer or employee of a foreign government who is exempt by reason or express provision of federal law.

If you are claiming any tax exemptions on your stay, please complete the Transient Occupancy Tax Exemption Form (PDF), and attach it to your remittance report

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Vehicle Miles Traveled (VMT)

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1. What is CEQA?

The California Environmental Quality Act (CEQA) requires State and local agencies to measure the environmental impacts of development projects or other major land use decisions, and to avoid or minimize those impacts when possible. For example, if a developer wants to build a new shopping center or residential development, they will likely have to prepare some form of environmental report that analyzes all the potential impacts of the project on transportation, air quality, utilities, biological resources, and other environmental topics

2. How does CEQA require public agencies to measure transportation impacts?

Environmental reports prepared to comply with CEQA must analyze all the potential impacts of the project on various environmental topics, including transportation. Traditionally, public agencies have evaluated transportation impacts by measuring the impact of proposed developments on traffic congestion. For decades, Level of Service (LOS) has been the industry standard used to measure transportation impacts.

3. What is Level of Service (LOS)?

Transportation Level of Service (LOS) is a measure of traffic delay at signalized street intersections or roadway segments (i.e., traffic congestion). Level of Service uses a letter-grade system ranging from LOS A to LOS F. LOS A indicates free flow conditions with little or no delay. LOS F indicates oversaturated conditions with excessive delays. LOS analysis measures the amount of vehicle traffic a project will generate at signalized intersections, then seeks to accommodate the additional traffic either by improving or expanding existing intersections. As such, LOS supports and prioritizes automobile travel over other modes of travel (e.g., walking, biking, transit, etc.).

4. What is Vehicle Miles Traveled (VMT)?

Vehicle Miles Traveled (VMT) measures the amount and distance a proposed development project might cause people to drive. The diagrams below illustrate how VMT is measured.

Typically, development located farther from retail, office, and other uses and with poor access to transit, generates more driving than development situated close to complementary uses and transit. VMT analysis seeks to minimize how much people travel by car by locating projects in already developed areas with diverse land uses and encouraging non-vehicle travel (e.g., walking, biking, transit, etc.). VMT prioritizes access to destinations rather than dependence on cars for travel.

5. Why is the City changing its method for analyzing transportation impacts?

In 2013, the State of California passed SB 743 (Steinberg), which changes the way transportation impacts must be analyzed under CEQA. Historically, cities in California have used LOS to measure transportation impacts. However, the State established VMT as the appropriate methodology for measuring transportation impacts and updated the CEQA Guidelines in 2018 to reflect this transition from LOS to VMT. The State also established July 1, 2020 as the date for cities to begin implementing the new law.6. Why did the State pass legislation to adopt this change?

SB 743 (Steinberg) states that "New methodologies under the California Environmental Quality Act are needed for evaluating transportation impacts that are better able to promote the State's goals of reducing greenhouse gas emissions and traffic-related air pollution, promoting the development of a multimodal transportation system, and providing clean, efficient access to destinations." The State has shifted away from using LOS because measuring congestion can have the unintended consequence of encouraging urban sprawl. Under LOS, new development is incentivized to locate in more remote areas to avoid increasing traffic congestion on busy streets and triggering significant transportation impacts under CEQA. This often results in greater vehicle use and traffic congestion overall because people must travel longer distances to reach destinations. The State has selected VMT as the new methodology because it can help achieve the ultimate goals of CEQA, such as reducing greenhouse gas emissions and minimizing environmental impacts. VMT encourages developing in already developed areas and the mixing of uses, which reduce the need for vehicle travel. VMT also encourages the use of active transportation and transit, which have smaller environmental footprints than vehicle travel and promote healthier lifestyles. Furthermore, VMT is already used in CEQA documents to calculate LOS impacts, air quality, and greenhouse gas emissions.

6. What does this mean for the City of Milpitas's ongoing current and long-range planning efforts?

Although the State deadline to implement SB 743 has passed, the City of Milpitas will be implementing an interim VMT policy to review ongoing development projects until a formal policy is adopted in December 2020. Furthermore, since the City is currently in the process of updating its General Plan, Climate Action Plan and Milpitas Metro Specific Plan (formerly "Transit Area Specific Plan", we have a unique opportunity to align our VMT goals with the City's ongoing long-range planning efforts.

The City's General Plan is the primary long-range planning document that provides the vision for the future growth and development of Milpitas. The VMT policy will support the following existing General Plan policies:

• Land Use Element Guiding Principle 2.a-G-2: Maintain a relatively compact urban form. Emphasize mixed-use development to the extent feasible, to achieve service efficiencies from compact development patterns and to maximize job development and commercial opportunities near residential development.
• Land Use Element Implementing Policy 2.a-I-31: Develop the Transit area, as shown in the Transit Area Plan, as attractive, high density, urban neighborhoods with a mix of land uses around the light rail stations and the future BART station. Create pedestrian connections so that residents, visitors, and workers all walk, bike, and take transit. Design streets and public spaces to create a lively and attractive street character, and a distinctive identity for each sub-district.
• Land Use Element Implementing Policy 2.b-I-2: Consider locating housing in close proximity to industrial developments where they can be served by existing city services and facilities.
• Circulation Element Implementing Policy 3.b-I-5: Create a balanced multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable in respect to the community context of the general plan.
• Circulation Element Guiding Principle 3.c-G-1: Implement measures that increase transit use and other non-motorized travel modes that lead to improved utilization of the existing transportation system, such as improvements to access public transit stops and stations by walking and biking, and provide transit stops near employment centers and higher density residential developments.
• Housing Element Program C.1.2: The City will continue to implement the planning and design guidelines specified in the Midtown and Transit Area Specific Plan, including minimum densities, intensive land utilization, and mixed-use zoning.

The ongoing General Plan Update will revamp these land use and transportation policies to further support transit-oriented, mixed-use development, particularly around the new BART station and in Midtown, and prioritize investment in multimodal transportation networks. The VMT policy will support these policies by: 

1. Facilitating mixed-use, infill, and transit-oriented development; and 
2. Prioritizing active transportation and transit improvements to mitigate project impacts. Staff will also develop the VMT policy in conjunction with ongoing updates to the Climate Action Plan and the Milpitas Metro Specific Plan to ensure that the policy furthers the goals and policies of these ongoing long-range planning efforts as well.

7. What is the timeline for these changes?

The State established July 1, 2020 as the date for cities to begin implementing the new law. However, many cities, including Milpitas, are still in the process of adopting new VMT policy and guidelines. The State recognizes this and allows cities to implement VMT methodology without an established policy after the July 1, 2020 deadline. Without a new VMT policy in place, new development in Milpitas is currently required to measure transportation impacts using VMT methodology on a project-by-project basis and continue to measure Level of Service (outside of CEQA) to comply with the Santa Clara Valley Transportation Authority’s (VTA’s) Congestion Management Program (CMP) and existing General Plan policies. It is anticipated that the new VMT policy will be in effect immediately after City Council approval tentatively scheduled for December 2020.

8. Does my ability to engage in land use and transportation decisions change?

No. The process for weighing in on development projects, land use changes, and transportation projects will remain the same. Citizens will still be able to provide comments, speak at public hearings, and contact elected representatives on new development. The City Council still has the authority to make land use and transportation decisions.

9. How will this change impact the City's ability to ask developers for transportation investments?

Neighborhood traffic and mobility is very important to the City. Developers will still be required to improve operations to the transportation network and address neighborhood traffic. In addition, any transportation/traffic impact fees established by Ordinance are still applicable.

10. How will the CEQA process change?

Although the method of transportation analysis will change, the overall CEQA process (determination of appropriate CEQA document, noticing, public comment period, adoption, etc.) will remain the same. This change to VMT only affects the transportation section under CEQA. Analysis of other CEQA subject areas such as biological and cultural resources, noise, and air quality remain the same. However, the CEQA process for projects that reduce VMT and reliance on automobile travel (e.g., mixed-use, transit oriented, and infill development; bicycle, pedestrian, and public transit improvements) will generally be streamlined while the CEQA process for projects that generate high VMT (e.g., developments in remote areas with minimal access to goods, services, amenities, and non-vehicular transportation options) will require a more rigorous environmental analysis.

11. Will the shift to VMT make it easier or harder to develop in my neighborhood?

It depends on the type of development. Every development project is unique and will be evaluated according to its specific attributes and context. However, in general, the CEQA environmental review process could be streamlined if development is proposed in General Plan designated growth areas with good access to transit and a mix of uses (e.g. residential, office and retail). Developments in places where it is hard to get around without a car will likely have to mitigate the impacts of VMT.

12. How will the shift to VMT impact new development projects?

New development projects subject to CEQA will still be required to submit a traffic impact analysis, but project impacts will be evaluated based on measuring and reducing VMT. Therefore, mixed-use developments in growth areas, located near transit, are more likely to be streamlined or determined to have a less than significant transportation impact. Proposed developments outside growth areas and transit corridors may need to provide mitigation to reduce transportation impacts. However, in addition to the VMT analysis and outside of CEQA, projects will continue to be required to analyze Level of Service (LOS) intersection operations and comply with the Congestion Management Program (CMP) requirements to address local traffic congestion.

13. How will this change impact housing and housing affordability?

The proposed Transportation Analysis Policy and shift to VMT is intended to streamline residential development overall, particularly high-density housing, affordable housing, and housing in already-developed areas with high-quality transit and other amenities. This streamlining should allow for a greater and more diverse housing supply and result in lower housing costs. Importantly, it will also lower transportation costs as new development is concentrated in areas with a variety of affordable transportation options. This is a key argument made by the State in support of the VMT policy.

14. How does this change impact the environment?

Level of Service (LOS) is a measure of how much delay is at an intersection when the traffic a project is expected to generate is added to the surrounding area. In many cases, using the LOS methodology accommodates additional vehicles from projects by widening intersections and roadways. However, widening streets is shown to encourage even more cars on the street, often resulting in continued traffic congestion. Additionally, new developments are incentivized to locate in remote areas where there is little traffic congestion, which results in longer vehicle trips. More driving leads to greater greenhouse gas emissions. Furthermore, development in remote areas typically have a higher overall environmental footprint than infill development (i.e., development in already-developed areas).

Alternatively, VMT measures the amount of vehicle travel that would be generated by a proposed development based on the project characteristics and location. Factors such as high-quality transit and proximity to walkable, bikeable places are all contributing factors to reducing VMT. By establishing a VMT CEQA metric, projects will be required to reduce the amount of vehicle travel the project will generate and should result in less traffic overall and lower greenhouse gas emissions.

15. What are the impacts o business?

Similar to impacts on housing developments and all development projects, nonresidential land uses (commercial retail and service, office, industrial, etc.) that conform to the General Plan and are in growth areas with high-quality transit may not have to analyze transportation impacts under CEQA, which may streamline the environmental review process. Nonresidential development projects that provide essential goods, services, and amenities to nearby residential neighborhoods (e.g., locally-serving or neighborhood commercial uses) may also not have to analyze transportation impacts since they typically reduce driving. Furthermore, this shift to using VMT may facilitate denser and pedestrian-oriented development, which could result in more foot traffic and is generally favorable to commercial retail and service businesses.

16. How are transportation impacts minimized or mitigated now compared to before?

Previously under LOS analysis, CEQA impacts were determined by measuring how much traffic congestion a project will cause at nearby street intersections. Therefore, CEQA mitigation focused on accommodating the additional traffic by improving or widening streets and intersections, which actually may increase driving and congestion in the long-run. Furthermore, building new streets and widening existing streets requires valuable land, which may not be readily available in built-out cities, and is costly to maintain.

Now with VMT analysis, CEQA mitigation focuses on reducing driving and dependence on cars. There are four key ways to lower VMT and mitigate transportation impacts.

1. Project location, density, and diversity of land uses: Locate projects in areas with strong transit access, pedestrian and bicycle facilities, and complementary land uses. Design projects with higher densities and a mix of uses.
2. Improvements to pedestrian, bicycle, and public transit networks: Encourage people to walk, bike and take public transit by making it easier and more convenient to travel without a car.
3. Parking strategies: Do not overpark developments and even reduce parking where appropriate.
4. Transportation Demand Management (TDM): Require employers to implement TDM strategies such as shuttle services and transit passes to incentivize employees to drive less to work.

In the past 50 to 70 years, suburban cities have been investing heavily in infrastructure for cars (i.e., streets and highways), but not significantly in any other transportation options. This next phase of transportation investment will focus on maximizing the existing transportation system in a healthier, more affordable, and more efficient way.

17. How will this change impact parking?

The goal of using VMT is to reduce driving and increase walking, biking, and taking public transit. Not overparking developments and reducing parking where appropriate is an effective way to reduce VMT and accomplish this goal. However, residents may be concerned about cars from new developments parking in existing neighborhoods (i.e., spillover parking). Reducing parking may not be appropriate in every neighborhood. Therefore, the City will carefully consider and tailor any parking strategies to the existing context. For example, cities have implemented residential parking permit programs that provide some assurance to neighboring communities that new development cannot park in their neighborhood. Cities have also included a condition of project approval that require new developments to include enforcement strategies to ensure future residents do not park in surrounding areas.

Additionally, the goal is to reduce dependence on cars, and in turn reduce the amount of parking that is needed. Any parking reductions will be complemented by mixed-use, transit-oriented development and improvements to alternative transportation options such as bus and bicycle networks, which make it easier to travel to destinations without a car.

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Wage Theft

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1. What is Wage Theft?

Wage theft is the denial of wages or employee benefits that are rightfully owed to an employee. Wage theft can be failure to pay overtime, minimum wage violations, employee misclassification, illegal deductions in pay, working off the clock, or not being paid at all. Workers, communities, responsible businesses and taxpayers are all negatively affected by wage theft.

2. What does the new ordinance do?

The ordinance gives the City authority to revoke or suspend the business license of any employer who refuses to pay their final court order or administrative action when found by a Local, State or Federal agency in violation of wage or hour laws. Without a business license, an employer would effectively be unable to operate in the City of Milpitas.

3. What is a final court order or administrative action?

A final court order or administrative action means a government agency has determined the business violated federal, state and/or local wage and hour laws, there is no pending appeal to this decision and the time for filing an appeal has passed and no appeal was filed.

4. What businesses are affected by this ordinance?

All businesses in the City of Milpitas which are required to have a business license are subject to the new wage theft ordinance.

5. Who do I contact if I am an employee trying to enforce a final court order or administrative action?

We encourage employees who are having difficulty enforcing a final court order or administrative action to contact the City of Milpitas. Staff will work with the employee and business owners to try and satisfy the judgment.

• City of Milpitas Economic Development Division
  Email City of Milpitas Economic Development Divison
  Phone: 408-586-3058

6. Will the City automatically revoke the business license of an employer that has a Wage Theft violation?

No, the goal of the City is not to revoke business licenses but to help employees get paid. The City will make every effort to ensure wage theft compliance before moving forward with business license revocation, including setting up a payment plan to satisfy the judgment.

For more information contact the City of Milpitas at 408-586-3058 or email the Economic Development Division with any questions.