Title XI — ZONING, PLANNING AND ANNEXATION — Milpitas Zoning Code

Title XI	- ZONING, PLANNING AND ANNEXATION
XI-1	Subdivisions	553
XI-3	Standard Specifcations	583
XI-4	Cultural Resources Preservation Program	584
XI-5	Reserved	591
XI-10	Zoning	592
XI-11	Planning Commission (Repealed)	674.26
XI-13	Junk Cars	675
XI-14	Reserved	681
XI-15	Floodplain Management Regulations	683
XI-16	Stormwater and Urban Runof Pollution Control	690.5
XI-20	Conversion of Mobile Home Parks to Other Uses	690.13
XI-30	Reserved	691
XI- 200	Plan Lines	703
XI- 500	Easements	706
XI- 1000	Street System	706c

Chapter 1 - SUBDIVISIONS

APPENDIX A TO ORDINANCE

Section 1 - Conformity to General Plan and Waiver

XI-1-1.01 - General Plan Conformance; Time for or Waiver of Report

(a)

A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

(b)

Such report is not required for a proposed subdivision which involves 1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; 2) acquisitions, disposition or abandonments for street widening; or 3) alignment projects, provided that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.

(Ord. 18.17 (part), 6/15/76)

Section 2 - Citation and Authority

XI-1-2.01 - Citation and Authority

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of Milpitas."

(Ord. 18.17 (part), 6/15/76)

Section 3 - Definitions

XI-1-3.00

Definitions. The following words and phrases shall have the meaning respectively ascribed to them.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.01

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.02

"Subdivision" means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.03

Advisory agency.

(a)

Tentative maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for tentative maps.

(b)

Parcel maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for parcel maps.

(c)

Minor subdivision maps. The Planning Commission of the City of Milpitas shall constitute the "advisory agency" for minor subdivision maps.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.04

"Minor Subdivision" shall mean:

(a)

A subdivision herein defined divided into four or less parcels.

(b)

A division involving land which before division contains less than five acres, each parcel created by the division abutting upon a maintained public street or highway and no dedication or improvement being required by the legislative body.

(c)

A division of land into parcels each of which has a gross acreage of twenty acres or more and has approved access to a maintained public street or highway.

(d)

A division of land consisting of a parcel or parcels having approved access to a public street or highway comprising part of a tract of lands zoned for industrial or commercial development and which has the approval of the City Council as to street alignments and widths.

(e)

A division of land in which each parcel created by the division has a gross acreage of 40 acres or more (Government Code Section 66426).

(f)

Land involving short term leases which can be terminated by either party on not more than thirty days notice in writing or a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code provided the Planning Commission finds, upon substantial evidence, that public policy necessitates the application of these regulations to such operating rights-ofway. (See Government Code Section 66411).

(Ord. 18.17 (part), 6/15/76)

XI-1-3.05

"Major Subdivision" means every subdivision other than a minor subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.06

Unless the term "subdivision" is modified by the term "major" or "minor" (or the context of this chapter otherwise requires), the term "subdivision" as used herein shall refer to any subdivision whether it be a "major" subdivision or a "minor" subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-3.07

Whenever the following terms appear in this chapter, said term shall be defined as they are defined in the Subdivision Map Act:

3.07-1 Tentative Map (See Govt. Code Section 66452 et seq.)

3.07-2 Final Map (See Govt. Code Section 66433 et seq.)

3.07-3 Parcel Map (See Govt. Code Section 66444 et seq.)

3.07-4 Design (See Govt. Code Section 66418)

3.07-5 Improvement (See Govt. Code Section 66419)

(Ord. 18.17 (part), 6/15/76)

XI-1-3.08 - Fair Market Value

Fair market value is the highest price, estimated in terms of money, that a property will bring if exposed for sale in the open market allowing a reasonable length of time to find a buyer who buys with full knowledge of all the uses to which the property is adapted and for which it is capable of being used.

(Ord. 18.24(A) (part), 8/18/87)

XI-1-3.09 - Urban Lot Split

"Urban Lot Split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

(Ord. No. 38.844, § 4, 12/14/21)

Section 4 - Tentative Map

XI-1-4.00 - Filing and Approval of Tentative Map

4.01-1 Prior to filing a proposed tentative map, three copies of a Preliminary Tentative Map prepared by a registered civil engineer or licensed land surveyor shall be submitted to the Planning Division of the Community Development Department in order that the City staff may have the opportunity to rough check and mark latest information known in order to help eliminate any minor errors which may hold up the process for final submittal of the proposed Tentative Subdivision Map. The marked up copy will be returned to subdivider's engineer within two weeks. Preliminary maps east of Piedmont Road, Evans Road and Park Victoria Drive extended north of Jacklin Road shall show existing five foot contours and existing prominent landmarks including trees, rock outcroppings and streams.

4.01-2 The Tentative Map shall be clearly and legibly drawn to scale, shall be submitted on paper 24″ × 36″ in size, and to a scale of 1″ equals not more than 100′. Exceptions to this standard size and scale shall be considered in cases of very large subdivisions subject to City Staff review and approval. Room shall be left at the top or side of the paper for any approved Special Conditions as required by the Planning Commission-City Council. The Tentative Subdivision Map shall then be submitted; one sepia and thirty-five prints, accompanied by filing fees established by the City Council by resolution.

4.01-3 The Community Development Manager shall transmit copies of each tentative map to other departments, all serving public utilities, and agencies concerned. Upon receipt of a copy of a tentative map, each department concerned shall examine the map to ascertain if it conforms to the requirements of such department and shall advise the Community Development Manager its recommendations in accordance with such rules and regulations as the City Council may establish.

All tentative maps filed shall be prepared by a registered Civil Engineer or a licensed land surveyor.

4.01-4 The approval of a tentative map by the Planning Commission or City Council proposed for new real estate development or structure for human occupancy shall be subject to approval in accordance with the policies and criteria established by the State Mining and Geology Board and findings of the State Geologist in accordance with provisions of the Public Resources Code, Section 2621, et. seq.

4.01-5 A Condominium and/or Condominium Conversion Tentative Map shall be subject to an approved Conditional Use Permit as specified in the Milpitas Zoning Ordinance, Title XI, Chapter 10, Section 7.14.

4.01-6 Prior to approving a Tentative Map, the Planning Commission and City Council shall hold public hearings in accordance with the requirements of Title XI, Chapter 1, Section 18.05.

(Ord. 18.29 (part), 8/6/96; Ord. 18.19, 7/3/79; Ord. 18.17 (part), 6/15/76)

XI-1-4.02 - Form of Tentative Map

The following information listed below, and any other information deemed necessary by the Planning Commission, shall be shown:

4.02-1 Tentative Map Name (County Tract Number, if possible).

4.02-2 Date, north arrow, scale, and subdivision boundaries clearly marked, dimensioned and labeled.

4.02-3 Name and address of engineer who prepared map.

4.02-4 Each lot dimensioned and numbered consecutively with or last lot number circled.

4.02-5 Sufficient elevations or contours to determine the general slope of the land, the high and low points thereof. Elevations shall refer to City of Milpitas datum.

4.02-6 All existing drainage features.

4.02-7 Name of adjoining property owners.

4.02-8 Existing and proposed roads, streets, highways and ways: Locations, names, existing and proposed widths, and grades and traffic indicies.

4.02-9 Easements existing and proposed if known: Widths, locations and purposes.

4.02-10 Existing buildings which are to remain in place: Dimensions and locations; and existing water wells and septic tanks.

4.02-11 Vicinity sketch (not to scale).

4.02-12 The locations, names and existing width of all the adjoining and contiguous highways, streets, and ways.

4.02-13 Existing trees and prominent landmarks such as streams and rock outcroppings.

4.02-14 For subdivisions east of Piedmont Road, Evans Road and Park Victoria extended north of Jacklin Road; the average slope of each proposed lot based on existing contours as shown on Aerial maps on file in the office of the City Engineer.

4.02-15 General notes to be included on map:

(a)

Name and address of record owner or owners.

(b)

Name and address of subdivider.

(c)

Total acreage within subdivision boundaries.

(d)

Minimum lot size in square feet.

(e)

Existing use or uses of subject property.

(f)

Proposed use or uses of subject property.

(g)

A statement of the improvements and public utilities proposed to be made or installed.

(h)

Provision for water by the City of Milpitas.

(i)

Provision for sewerage by the Milpitas Sanitary District.

(j)

Street tree planting as required by the City.

(Amended during 2-92 supplement; Ord. 18.17 (part), 6/15/76)

XI-1-4.03 - Planning Commission Action on Tentative Map

The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this Chapter and the General Plan and upon that basis shall within fifty (50) days after filing of the tentative map recommend that the Council approve, conditionally approve, or disapprove the same. The Planning Commission may recommend the advisability of dedicating suitable areas for such parks, schools, and public sites that will be required for the use of the neighborhood by the population which is intended to occupy the subdivision, under the plan of proposed property uses therein. In all cases, the Planning Commission shall require such measures which will make for excellence of community development. The Planning Commission may reject a tentative map if the only practical use which can be made of the property, as proposed to be subdivided, is a use prohibited by any ordinance, statute, law, or other valid regulation, or if the property is deemed to be unhealthful for occupancy. The Commission shall recommend to the City Council with respect to the conformity finding required by Section XI-1-20.01 of this chapter upon any approval or conditional approval of the Tentative Map.

(Ord. 18.17 (part), 6/15/76)

XI-1-4.04 - Report

4.04-1 Within said fifty (50) days, the Planning Commission shall report to the Council and subdivider regarding said tentative map and the action of the Planning Commission thereon.

4.04-2 Any report or recommendation on a tentative map by the staff to either Planning Commission or Council shall be in writing and a copy shall be served on the subdivider at least 3 days before any hearing or action by Commission or Council on said map (G.C. 66452.3).

4.04-3 At its next regular meeting following receipt of the report, the Council shall fix a meeting date within 30 days when it shall act upon the report and shall approve, conditionally approve or disapprove the tentative map. Action shall be endorsed on the face of the tentative map, and, in the event of the conditional approval or disapproval of the tentative map, a memorandum setting forth the conditions of any conditional approval or the reasons for any disapproval shall be prepared by direction of the City Council and permanently attached to said tentative map. The conformity finding required by Section XI-1-20.01 of this chapter shall be made by the Council upon any approval or conditional approval of the Tentative Map.

4.04-4 Pursuant to Section 66474.6 of the Government Code, the City Council shall determine whether the discharge of waste from the proposed major subdivision into the existing community sewer system will result in violation of existing requirements of the California Regional Water Quality Control Board. If the City Council finds that the proposed waste discharge would result in or add to violation of requirements of said Board, it may disapprove the tentative map or maps of said major subdivision.

(a)

A report shall be submitted pursuant to 66474.6 of the Government Code containing such information as the Public Works Director shall require to determine whether the discharge of waste from the proposed subdivision into the existing community sewer system would result in violation of existing requirements of the California Regional Water Quality Control Board.

(Ord. 18.17 (part), 6/15/76)

XI-1-4.05 - Time Limits

By mutual consent of subdivider and Planning Commission or Council the time limits set forth in subsections 4.03 and 4.04 may be respectively extended. A 15-day extension shall be allowed under Government Code 66452.7 to consider a State Office of Intergovernmental Management evaluation.

XI-1-4.06 - Expiration of Tentative Map Approval; Extension

(a)

Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

(b)

Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Division of the Community Development Department. Such application is to be filed at least 30 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(c)

Time Limit on Extensions. An extension(s) of a tentative map approval or conditional approval shall not exceed an aggregate period of twelve (12) months in addition to the time specified in Subsection (a) of this Section.

(d)

Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(e)

Effect of Development Moratorium. The period of time specified in subparagraphs (a) and (c) of this section shall not include any period of time during which a development moratorium (imposed after the approval of the tentative map) is in effect. Provided, however, that the length of said moratorium shall not exceed five (5) years.

Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

(f)

Effect of Judicial Action. The period of time specified in subparagraph (a) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the City. Within ten (10) days of the service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply to the City for a stay. Within forty (40) days after receiving the application, the City shall either stay the time period for up to five (5) years or deny the requested stay. A hearing on a requested stay shall beheld before the City Council upon notice given ten (10) days prior to the hearing by publication in a newspaper of general circulation and also by mailing to the subdivision at his address upon the stay request.

(g)

Retroactivity. For all tentative maps approved prior to the effective date of the section, the expiration and extension dates shall be determined in accordance with this section, for an aggregate time (including extensions) not to exceed thirty-six (36) months.

(Ord. 18.22; 11/2/82)

Section 5 - Final Map

XI-1-5.01 - Procedure for Submission and Filing of Final Map

XI-1-5.01-1 Prior to expiration of approval or conditional approval of a tentative map or prior to the expiration of any extension of said approval or conditional approval, the subdivider shall cause the subdivision or any part thereof to be surveyed and a proposed final map thereof to be prepared in

conformance with the tentative map as approved or conditionally approved and in conformance with the provisions of this chapter.

5.01-2 Said proposed final map shall be submitted to the City Engineer (with tracing and prints thereof as required by the Recorder of the County of Santa Clara), together with the following:

(a)

A title company subdivision guarantee showing the name of the record owner whose signature is to be on the map certificate and a letter from the title company stating who is authorized to sign the subdivision agreements.

(b)

In the event any dedication is to be made for the public use, a preliminary title record issued by a title insurance company, in the name of the owner of the land, issued to or for the benefit and protection of the City of Milpitas, showing all parties whose consent is necessary and their interest therein.

(c)

Calculation and traverse sheets, used in computing the distances, angles and courses shown on the final map and ties to existing and proposed monuments.

(d)

Proposed plans and profiles for all improvements.

(e)

Three copies of each proposed agreement for improvements.

(f)

Three copies of each proposed bond for improvements.

(g)

Three copies of proposed deed restrictions.

(h)

Three additional prints of the proposed final map.

5.01-3 Upon receipt of the final map, the City Engineer shall examine the same and the other items received therewith to ascertain whether the subdivision as shown is substantially the same as it appeared on the approved tentative map or any approved alterations thereof, and to ascertain whether the map is technically correct. If the map is found to be technically correct, in conformity with the approved tentative map, the City Engineer shall certify said final map.

(Ord. 18.22, 11/2/82)

XI-1-5.02 - Form of Final Map

5.02-1 The final subdivision map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, certifications, figures, acknowledgements and signatures shall be made in black india ink. Typewriting or rubber stamps shall not be used for signatures. The map shall be so made and shall be in such condition when filed that good legible blue prints and negatives can be made therefrom. The size of the sheets of tracing cloth shall be eighteen by twenty-six inches (18″ × 26″). A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the final map shall be one inch equals not more than one hundred feet (1″ = 100′).

5.02-2 When the final map consists of three (3) or more sheets, a key map showing the relation of the sheets shall be placed on one sheet. Every sheet comprising the map shall bear the scale, north point, legend, sheet number and number of sheets comprising the map.

5.02-3 Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated by the title "Reversion to Acreage."

5.02-4 The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation.

5.02-5 Sufficient data must be shown to determine readily the bearings and length of every lot line, block line and boundary line. Dimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundreds of feet. No ditto marks shall be used. Lots containing one acre or more shall show net acreage to nearest one-hundredth acre. Bearings and distances of straight lines, and radii, arc lengths and central angles of curves shall be shown.

5.02-6 Whenever the City Engineer has established the monument line of a street or alley adjacent to or in the proposed subdivision, the date shall be shown on the final map, indicating all monuments found and reference to a field book or map. If the points were reset by ties, that fact shall be stated.

5.02-7 The map shall show the location and description of all monuments found in making the survey of the subdivision, and shall include bearings and distances to such other existing monuments as may be necessary to establish the position of the proposed subdivision in relation thereto and in relation to the California Coordinate System, Zone III.

5.02-8 Three copies of any proposed deed restrictions shall be filed with the City Engineer at the time of filing the final map, or if there are none a statement to that effect shall be filed.

5.02-9 In addition, the final map shall be prepared in full compliance with the following requirements:

(a)

The boundary of tract shall be clearly designated as the City Engineer shall require. Such border shall not interfere with the legibility of figures or other data.

(b)

The map shall show the monument and side lines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, and the widths each side of the monument line, also the width of railroad rights-of-way, appearing on the map.

(c)

The map shall show the side lines of all easements to which the lots are subject. The easements shall be clearly labeled and identified. If any easement is not of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, telephone and electric utilities and other purpose shall be denoted by fine dotted lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto, to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly set out in the owner's certificate of dedication.

(d)

City boundary lines crossing or abutting the subdivision shall be clearly designated and referenced.

(e)

Lot numbers shall begin with the number "1" and shall continue consecutively through the entire subdivision with no omissions or duplications.

(f)

Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both streets complete with monument line and property line data.

(g)

The map shall also show all other data that is or may be required by law.

(h)

The final map shall particularly define, delineate and designate all lots intended for private purposes; all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter; and private streets offered but not accepted for dedication shall each be designated "not a Public Street."

(i)

The date and name of the engineer preparing any required soils report shall be added to the map.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.03 - Certificates

The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the final map. Such certificates may be combined where appropriate.

5.03-1 A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recordation of said map; except these interests described in Subsections a, b and c of Section 66436 of the Government Code.

5.03-2 A certificate signed and acknowledged as above offering for dedication all parcels of land shown on any final map and intended for any public use, except those parcels other than streets, which are intended for the exclusive use of the lot owners in a subdivision, their licensees, visitors, tenants, and servants. Such certificate shall state whether dedication includes or excludes any public utility facilities located on or under the land offered for dedication; if dedication includes said facilities, the owner thereof must join in the execution of the certificate.

5.03-3 A certificate by the registered civil engineer or licensed land surveyor responsible for the survey and the final map, in accordance with the provisions of Section 66441 of the Government Code.

5.03-4 A certificate for execution by the City Engineer, in accordance with the provisions of Section 66442 of the Government Code.

5.03-5 A certificate for execution by the County Recorder.

5.03-6 A certificate of approval by the City Council for execution by the City Clerk in accordance with the provisions of Section 66440 of the Government Code.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.04 - Date of Filing of Final Map

The final map shall be deemed to be filed when the final map has been submitted and all certificates required thereon have been executed (except the certificate to be executed on behalf of the City Council).

(Ord. 18.17 (part), 6/15/76)

XI-1-5.05 - Council Action on Final Map

5.05-1 At the first regular meeting following the filing of final map with the City, the City Council shall consider the same.

5.05-2 The Council shall consider any and all offers of dedication and may accept or reject any or all of them.

5.05-3 The Council shall require the subdivider to agree to make required improvements, and to execute and deliver agreements, bonds and certificates relating thereto.

5.05-4 If the Council finds that the final map conforms to all of the requirements of the Subdivision Map Act, this Chapter and the rules and regulations issued pursuant thereto and rulings thereunder, it shall approve the Map.

5.05-5 When the required agreements and bonds have been executed, delivered and approved, and when all fees and deposits are made, the City may cause the appropriate certificates of approval by the City Council to be affixed to the final map and present the final map for recordation or release the final map to a

Title Company, along with a letter of instruction authorizing the Title Company to record the map, only if the information contained in the Subdivision Guarantee and the letter stating who is authorized to sign the agreements is correct at the time of recordation.

(Ord. 18.17 (part), 6/15/76)

XI-1-5.06 - Failure to File Map

5.06-1 Failure to the subdivider to file a final map within the time required by this Chapter, or any extension thereof, shall terminate all proceedings.

(Ord. 18.17 (part), 6/15/76)

Section 6 - Minor Subdivision and Parcel Maps

XI-1-6.01 - Minor Subdivision-Tentative Map

6.01-1 Whenever a subdivider proposes to lay out, wholly or partly a minor subdivision within the City of Milpitas, the subdivider or his agent shall cause a tentative map to be filed in accordance with the requirements and procedures set forth in Section 4 of this chapter.

6.01-2 A filing fee shall be required and shall be paid to the City on filing, in accordance with a schedule of filing fees established by the City Council.

6.01-3 The tentative map shall be considered by the Planning Commission in the same manner and in accordance with the requirements and procedures set forth in Section 4 of this Chapter except that the Planning Commission action shall be final unless an appeal is filed with the City Council as provided for in Section XI-1-18.04.

6.01-4 In approving, conditionally approving, or disapproving a tentative map hereunder, the Commission shall be empowered to impose such conditions and requirements.

(a)

as are deemed necessary to protect the surrounding property, neighborhood and community.

(b)

as are consistent with the general purposes and intent of this Chapter and the General Plan.

(c)

as include, but are not limited to, adequate provision for area, lot design, grade, slope, street and easement opening, widening, alignment, width and access, and the dedication and improvement of public and private streets, highways, ways, and easements for traffic, drainage and sanitation.

6.01-5 Any minor subdivision proposed to be approved by the Planning Commission which proposes new real estate development or structure for human occupancy shall be subject to approval in accordance with the policies and criteria established by the State Mining and Geology Board and findings of the State Geologist in accordance with the requirements of the Public Resources Code, Section 2621, et. seq.

6.01-6 The conformity finding required by Section 20.01 of this chapter shall be made by the Commission upon any approval or conditional approval of the tentative map.

(Ord. 18.17 (part), 6/15/76)

XI-1-6.02 - Parcel Map

6.02-1 Prior to expiration of approval or conditional approval of a tentative map or prior to the expiration of any extension of said approval or conditional approval the subdivider shall cause the filing of a parcel map in accordance with the provision of Section 66463 and 66464 et. seq. of the Government Code and this chapter.

6.02-2 The time for filing said parcel map may be extended by written consent of the City Planning Commission for a period or periods not exceeding two (2) years.

6.02-3 The City Engineer shall not certify the parcel map for recordation, unless and until he finds that:

(a)

the parcel map is in substantial conformity with the approved tentative map, with any conditions imposed upon its approval, and with the requirements of law.

(b)

all directions required have been made or are being made concurrently with the filing of the parcel map, and

(c)

all improvements required have been made or have been agreed to be made in accordance with requirements of the statutes of the State of California, the ordinances and resolutions of the City of Milpitas, and the requirements of the City Engineer.

(d)

if improvements are agreed to be made, that all necessary agreements, bonds, and certificates have been filed with the City and approved by The City Attorney.

6.02-4 If the City Engineer finds that the requirements of this chapter have been complied with, he is empowered to certify the parcel map for recordation. Such other certificates as are necessary or convenient to show the acceptance in connection with the processing of a parcel map and as are not forbidden by law may be appended to said parcel map and executed by the appropriate City officials.

6.02-5 All improvements shall be assured within the period required by this Chapter for the filing of a parcel map, unless the City Planning Commission shall consent to a time extension as provided herein. Said assurance shall consist of the execution and filing of improvement agreements, faithful performance and labor and materials bonds and certificates in the same manner as is required for a major subdivision under the provisions of this chapter.

6.02-6 All dedications and improvements required pursuant to the provisions of this Article shall be made in conformity with the requirements and standards relating to major subdivisions as required by this chapter.

(Ord. 18.22, 11/2/82)

XI-1-6.03 - Owner's Duty on Application for Separate Tax Assessments of Parcels

6.03-1 Whenever the owner of real property seeks to create separate parcels for the sole purpose of having said parcels separately assessed for real property tax purposes upon the County Tax Roll, the owner shall file a statement with the Community Development Department verifying under oath that said division is for tax purposes only. Said statement shall be filed within 30 days following application to the assessor's office for separate assessment and shall be in a form to the approval of the City Attorney.

(Ord. 18.17 (part), 6/15/76)

XI-1-6.04 - Minor Subdivision Requirements

No Minor Subdivision of land shall be made unless provisions of this section 6 have been complied with.

(Ord. 18.17 (part), 6/15/76)

Section 7 - Improvement Requirements

XI-1-7.01 - Streets

7.01-1 The street design shall conform both in width and alignment to any master plan of streets approved by the City Council; the rights-of-way for any such streets indicated on said master street plan shall be dedicated.

7.01-2 The street design shall conform to any proceedings affecting the subdivision which may have been initiated by the City Council, or approved by said Council upon initiation by other legally constituted bodies of City, County or State. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a freeway or a parkway, then the City Council shall determine the boundaries of the right-ofway to be acquired. The subdivider shall either dedicate or withhold from subdivision all the area included in the said right-of-way.

upon initiation by other legally constituted bodies of City, County or State. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a freeway or a parkway, then the City Council shall determine the boundaries of the right-ofway to be acquired. The subdivider shall either dedicate or withhold from subdivision all the area included in the said right-of-way.

7.01-3 The following general conditions shall apply to street and highway design:

(a)

All streets shall, as far as practicable, be in alignment with the existing adjacent streets by continuations, the center lines thereof, or adjustments by curves; and shall be in general conformity with the master plan made for the most advantageous development of the area in which subdivision lies.

(b)

The Street Center lines shall be required to intersect one another at an angle as near a right angle as is practicable by tangents not less than 75 feet in length. Whenever a major street intersects another, greater tangents may be required.

(c)

Where necessary to give access to or permit a satisfactory future subdivision on adjoining land, streets shall extend to the boundary of the property and the resulting deadend streets may be approved without a turn-around. In all other cases, a turn-around shall be required.

(d)

On all street intersections the property line at each block corner shall be rounded by a curve having a radius of not less than 20 feet. Whenever a major street or State Highway intersects any other street or highway, or if streets intersect at other than right angles, a greater curve radius may be required.

(e)

The center line curve radii on all streets shall conform to accepted engineering standard of design and shall be subject to approval by the City Engineer.

(f)

Reserve strips controlling the access to public ways, will not be approved unless such strips are necessary for the protection of public welfare or of substantial property rights, or both, and in no case, except in which the control and the disposal of the land comprising such strips is placed definitely within the jurisdiction of the City under conditions approved by the City Council.

(g)

Each hillside street and driveway shall be designed and located so as to minimize its visibility to the valley floor. The following principles shall be considered in designing such facilities:

1.

Place such facilities near lower elevation ravines rather than on ridge lines.

2.

Minimize the number of east/west alignments.

3.

Place extensive slope plantings to camouflage the street visibility where practical.

4.

That street and driveway cross slopes be designed toward the inside of hills to minimize visibility.

5.

That slope rounding be utilized to minimize the impact of cuts and fills.

6.

That private streets be utilized provided maintenance can be fairly assessed to the user.

7.01-4 Streets now shown on any master street and highway plan, or affected by proceedings initiated by the City Council, or approved by the City Council upon initiation by other legally constituted governmental bodies, shall be of the widths as set forth hereunder, except where it can be shown by the subdivider to the satisfaction of the City Engineer that the topography or small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower width, increased widths may be required where streets are to serve commercial property, or where probable traffic conditions warrant such increased widths:

(a)

Major Streets: right-of-way one hundred twenty-four (124) feet, one hundred four (104) feet wide between outside curbs, sixteen (16) feet wide median. Where a Major Street passes through or abuts a residential development that is utilizing a back-up-lot treatment, including no direct vehicular access onto said Major Street, the standard one hundred twenty-four (124) foot right-of-way shall be increased by seven (7) feet on each side which abuts said residential development.

(b)

Secondary Streets: right-of-way ninety (90) feet, seventy (70) feet between curbs. Where a Secondary Street passes through or abuts a residential development that is utilizing a back-up-lot treatment, including no direct vehicular access onto said Secondary Street, the standard ninety (90) foot right-of-way shall be increased by seven (7) feet on each side which abuts said residential development.

(c)

Collector Streets: right-of-way sixty (60) feet, forty (40) feet between curbs.

(d)

Minor Subdivision Streets: right-of-way fifty-six (56) feet, thirty-six (36) feet between curbs.

(e)

Major Industrial Streets: right-of-way eighty-eight (88) feet, sixty-eight (68) feet between curbs.

(f)

Minor Industrial Streets: right-of-way sixty-eight (68) feet, forty-eight (48) feet between curbs.

(g)

Hillside: shall mean that area of the City of Milpitas so defined by the adopted General Plan.

(h)

Hillside Major Public Street: Public owned and maintained road. Minimum right-of-way eighty (80) feet, sixty-four (64) feet curb-to-curb.

(i)

Hillside Collector Public Street: Public owned and maintained road. Minimum right-of-way width fifty-six (56) feet, thirty-six (36) feet curb-to-curb.

(j)

Hillside Minor Public Street: Public owned and maintained road which serves two (2) or more sites or parcels within the land Division. Minimum right-of-way width forty-eight (48) feet, thirty-two (32) feet roadway width.

(k)

Temporary Access Roadway: Privately owned and maintained roadway serving more than one dwelling unit from the nearest publicly maintained road providing access to serve the parcels being divided until such time as the public roadway is dedicated and constructed.

NOTE: Must be of limited duration as approved by the City Council and is to be abandoned as soon as alternative public access if available. Minimum twenty (20) foot "all-weather surface roadway" to provide a traffic index of five (5).

(l)

Driveway: Privately owned and maintained access from the public road to each single-family dwelling a minimum of fourteen (14) feet in width.

NOTE: Chain linking driveway-to-driveway is prohibited. Chain linking shall mean the use of a driveway of another lot as portion of the driveway to the parcel in question.

7.01-5 Service Roads and Off-Street Parking. When lots opposed for commercial usage front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a service road to provide ingress and egress to and from such lots, or in lieu thereof, if approved by the Planning Commission, the subdivider may dedicate for public use an improved area adjacent to such lots for offstreet parking purposes. When any lots proposed for residential use front on any freeway, state highway or parkway, the subdivider shall dedicate and improve a service road at the front of such lots, unless such is already existent as part of such freeway or parkway. In addition to any requirement for a service road, the Planning Commission may require adequate off-street parking areas for all lots proposed for commercial use.

7.01-6 Non-access or planting strips. When the rear or side lines of any lots border any Major or Secondary Street, Freeway, Highway, or Parkway, the subdivider may be required to dedicate and improve planting strips adjacent to said Street, Freeway, Highway, or Parkway and may be required to prohibit the right of ingress and egress to such lots across the side lines of such Streets or Highways by appropriate designation and certification on the Subdivision Map.

7.01-7 Lookout Points. When streets are in a location that affords a view of significant beauty, the City may require the dedication and improvement of lookout points.

7.01-8 Street Names. All street names shall be as approved by the City Council and no duplication of street names shall be permitted.

7.01-9 Acre Lot Subdivisions. Where a parcel is subdivided into a tract of lots exceeding the minimum lot size specified in the General Plan, the block shall be of such size and shape and be so divided into lots as to provide for the extension and opening of streets at such intervals as will permit a subsequent division of any parcel into lots of smaller legal size.

7.01-10 Streets. All streets shall be graded and paved to widths and grades approved by the City Engineer. The subdivider shall improve the extension of all subdivision streets, or public ways to the intercepting paving line of any County road, City street or State highway.

7.01-10.1 Hillside Maximum Grades. For temporary access roadways serving no more than four (4) lots, twenty percent (20%). For driveways, not over one hundred (100) feet in length, twenty percent (20%). All other temporary access roadways and driveways, no more than allowed for public cul-de-sac roads.

7.01-11 Curbs and Gutters. Curbs and gutters shall be installed to locations and grades approved by the City Engineer.

7.01-12 Sidewalks. Sidewalks shall be installed to locations, widths and grades approved by the City Engineer.

7.01-13 Driveways. An all-weather surface roadway conforming to Chapter II-13 of this Code.

(a)

Turning Radius. Turning radius shall be designed to meet the Fire Department requirements.

(b)

Turnout Space. Turnout space shall be provided on driveways over one hundred fifty (150) feet in length, with a maximum spacing of one hundred fifty (150) feet if roadway less than eighteen (18) feet wide.

(c)

Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet the Fire Department's requirements.

(d)

Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.

(Ord. 38.672 (part), 9/15/92; Ord. 18.21, 11/3/81; Ord. 18.17 (part), 6/15/76; Ord. 18.7, 11/67)

XI-1-7.02 - Utilities

7.02-1 General ¶

Utility facilities, with connections to each lot within the subdivision, adequate to supply telephone, electricity, gas and water service to the subdivision, shall be constructed and installed in and for the purpose of supplying telephone, electricity, gas, sewer, and water service to the subdivision.

7.02-2 Underground Utilities ¶

7.02-2.1 All of the following existing and proposed facilities within the subdivision shall be placed underground:

(a)

Telephone or telegraph

(b)

Electrical distribution or transmission

(c)

Cable television

(d)

Community television distribution or transmission facilities

7.02-2.2 Exceptions to the above are as follows: ¶

(a)

Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used solely for the purpose of providing service within subdivisions and are used solely in connection with the underground transmission or distribution lines.

(b)

Transmission lines supported by metal poles may be situated above the surface of the ground if the voltage carried by such lines is 37-½ KV or more and no distribution line serving the subdivision is connected to or carried on the poles of said 37-½ KV line within the subdivision.

(c)

Poles supporting street lights and the electrical lines within said poles, may be situated above the surface of the ground.

(d)

After consideration of the report and recommendation of the Planning Commission, the City Council may waive the underground requirements, in whole or in part, of this section if it finds that topographical, soil or other conditions or circumstances make underground installation of said facilities unreasonable or impracticable.

(e)

After consideration of the report and recommendation of the Planning Commission, the City Council may waive the requirement of Underground Utilities, in whole or in part, for industrial subdivisions.

(f)

In those cases where requirement for Underground Utilities has been waived, then easements for overhead pole lines shall be provided at the rear of all lots, except where alleys are available, or where the requirement is waived by the City Council.

(g)

The waiver by the City Council of the requirements of this Section for one portion of a subdivision shall not affect the requirements for the balance of that subdivision.

(h)

Provided, however, that where the rules and regulations of the California Public Utility Commission (PUC) and this section are or shall be in conflict, the rules and regulations of the PUC shall apply.

7.02-2.2 It shall be the responsibility of all subdividers seeking to provide the services described in Section XI-1-7.02-2.1 to make the necessary arrangements with the utility companies involved for the underground installation of pipes, wires and facilities required for said services at subdivider's expense unless otherwise required by rules, regulations and tariffs on file with the California Public Utilities Commission.

7.02-3 All utilities, water lines, sanitary sewers and laterals and storm sewers, when the same are to lie and be installed in the paved portion of streets, service roads, alleys or highways or public improvements, shall be constructed prior to the surfacing of public streets, service roads, alleys or highways or public improvements.

7.02-4 Sewers and Drainage

(a)

Sanitary sewer facilities shall be installed to serve each lot, in accordance with Chapter 3, Title V of the Milpitas Municipal Code.

(b)

Storm sewers shall be installed, as required, by the City Engineer to adequately protect the subdivision from water falling on it or running onto it from higher land and to carry said water to a suitable point of discharge.

(c)

Where the area involved or the improvement involved include any water course or other facility under the control or responsibility of the Santa Clara Valley Water District, the written approval of that District shall be required for all improvement required by that District.

(d)

The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural water course or channel, stream or creek that traverses the subdivision, or provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and storm water.

7.02-5 Water ¶

Water distribution facilities shall be installed to serve each lot in accordance with Title VIII of the Milpitas Municipal Code.

7.02-6 Fire Hydrants ¶

Fire hydrants shall be installed as required by the Chief of the Milpitas Fire Department.

7.02-7 Street Lighting ¶

Street lights shall be installed by the subdivider and shall be as required by the City Engineer.

7.02-8 Railroad Crossings ¶

Provisions shall be made for any and all railroad crossings necessary to provide access to or circulation within, the proposed subdivision, including the preparation of all documents necessary for application to the California State Public Utilities Commission for the establishment and improvement of such crossing, cost of improvement shall be borne by the subdivider or subdividers.

7.02-9 Signing and Striping ¶

The installation of directional, regulatory, warning and guide signs, together with the painted stripe delineation of traffic lanes shall be provided by City at the cost of the subdivider. Prior to recordation of a final subdivision map, the subdivider shall pay to the City a signing and striping fee in accordance with a schedule of fees adopted by resolution of the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.03 - Structures

Structures for drainage, access or public safety shall be installed as deemed necessary by the City Engineer. Such structures shall be designed and placed to locations and grades approved by the City Engineer. The cost of said structures to be borne by subdivider or subdividers.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.04 - Easements

The subdivider shall grant easements of such a width and location as is determined necessary for public utility, sanitary sewer, and drainage purposes along the rear lot lines, along side lot lines and in planting strips wherever necessary. Dedication of easements shall be for the purpose of installing utilities, planting strips and for other public purposes as may be ordered or directed by the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.05 - Lots

7.05-1 The size and shape of lots shall be in conformance with any zoning regulations effective in the area of the proposed subdivision.

7.05-2 The side lines of all lots, so far as possible, shall be at right angles to streets or radial to curved streets.

7.05-3 No lots shall be divided by a City boundary line.

7.05-4 All lots shall have permanent vehicular access, represented by Document recorded in County Recorder's Office, to or frontage on a dedicated street. Said access to be of such width, condition and location as the City Planning Commission or City Council as the case may be shall approve and of such form as the City Attorney shall approve.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.06 - Walkways

The subdivider may be required to dedicate and improve walkways through long blocks or to provide access to school, park, or other public areas.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.07 - Monuments

7.07-1 Monuments shall be set in accordance with Section 66495 et seq. of the Government Code and Sections 8771 and 8772 of the Business and Professions Code of the State of California, and amendments thereof, and in conformance with Standards of the City of Milpitas.

7.07-2 The basis of bearing of the final map shall be the California Coordinate System. Values established for the first unit of a tentative map may be utilized for succeeding units of the same tentative map.

(Ord. 18.17 (part), 6/15/76)

XI-1-7.09 - General Improvement Construction Requirements

7.09-1 All improvements herein mentioned shall be not less than those set forth in the Standard Specifications of the City of Milpitas promulgated by Resolution or Ordinance of the City Council of the City of Milpitas.

7.09-2 Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the City Engineer. Such plans are required before approval of the final map.

7.09-3 All required improvements shall be constructed under the inspection of and to the approval of the City Engineer. Cost of checking plans and inspection of work shall be paid by the subdivider.

(Ord. 18.17 (part), 6/15/76)

Section 8 - Soil Reports and Hillside Geologic Investigation

XI-1-8.01 - Soil Reports

(a)

A preliminary soils report, prepared by a civil engineer registered in this State and based upon adequate test borings shall be submitted to the Chief Building Inspector for every subdivision.

(b)

A preliminary soils report may be waived by the Chief Building Inspector providing the Chief Building Inspector finds that due to the knowledge the City has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

(c)

If the City has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Chief Building Inspector. Such soils investigation shall be done by a civil engineer registered in this State, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problems exist.

The Planning Commission may recommend approval of the subdivision or portion thereof where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(Ord. 18.17 (part), 6/15/76)

XI-1-8.02 - Hillside Geologic Investigation

Applicants for subdivisions within the area defined in the Milpitas General Plan as "Hillside" shall employ a California State registered engineering geologist and soils engineer prior to planning the tract, whose duties shall be as follows:

a)

A soils engineering investigation of the site, based on the plan for the proposed development. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendation for grading, for procedures, and design criteria for corrective measures.

Recommendations included in the report and approved by the Environmental Impact Committee shall be incorporated in the grading plan for specifications. This requirement may be waived by the Committee when it appears from the condition of the property that such a report is not necessary.

b)

A geotechnical investigation, based on the plan for the proposed development. The geotechnical report shall include an adequate description of the geology of the site and the conditions and recommendations regarding the effect of geologic conditions, including consideration of seismic hazards and slope stability in natural materials on the proposed developments and be in conformance with the requirements of the Municipal Code. All reports shall be subject to approval by the Environmental Impact Committee prior to consideration by the City Council. Supplemental reports and data may be required as may be deemed necessary. Recommendations included in the report and approved by the Committee shall be incorporated in the grading plan. This requirement may be waived by the Committee when it appears from the condition of the property that such report is not necessary.

1)

The Environmental Impact Committee shall refer the geotechnical investigation to the City's consulting engineering geologist for review and comment.

2)

The applicant shall pay a fee for City review and consideration of the geotechnical investigation.

3)

Fees required under this section may be set by City Council resolution.

(Ord. 38.672 (part), 9/15/92; Ord. 18.17 (part), 6/15/76)

Section 9 - Improvements: Dedication of Land or Payment of Fee or Both, for Recreational Purposes

XI-1-9.01 - Authority

9.01-1 The Subdivision Map Act enables cities and counties to require either the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision map; and

9.01-2 Before a city or county may avail itself of said Act, it must have a general plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the city or county;

9.01-3 The City Council of the City of Milpitas has adopted a general plan containing such recreational element.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.02 - Subdividers Must Provide Park and Recreational Facilities

Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this Section for the purpose of providing park and recreational facilities to serve future residents of such subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.03 - Application

The provisions of this Section shall apply to all subdivisions except:

(a)

Industrial subdivisions.

(b)

Condominium projects consisting of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added.

(c)

Divisions of land for which a parcel map is required unless made by or on behalf of a person engaged in the business of developing and selling real estate as distinguished from a private owner making an occasional sale (a person shall not be deemed to be engaged in the business of developing and selling real estate if he has made no more than four (4) sales in either of the last two (2) preceding years).

(d)

Minor subdivisions which are not used for residential purposes. Provided, however, that the Planning Commission shall be empowered to condition the approval of any parcel map therefor as follows: if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee required by Section XI-1-9.07 may be required to be paid by the owner of each such parcel as a condition to the issuance of the building permit.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.04 - Relation of Land Required to Population Density

It is hereby found and determined:

9.04-1 That the public interest, convenience, health, welfare and safety require that eighteen and one-half (18-½) acres of property, for each one-thousand (1,000) persons residing within this City, be devoted to park and recreational purposes.

9.04-2 That said requirement will be satisfied in part by cooperative arrangements between the City and the local school districts and the County of Santa Clara to make available thirteen and one-half (13-½) acre of property for each one thousand (1,000) persons residing within the City for park and recreational purposes.

9.04-3 That, except for the Midtown Specific Plan area, the remainder of the required eighteen and one-half (18-½) acres shall be supplied by the requirements of this section and the recreation program of the City. Because of the scarcity of vacant land within the Midtown area only three and one-half (3 ½) acres shall be supplied by the requirements of this section and the recreation program of the City.

(Ord. 18.32 (part), 4/2/02: Ord. 18.17 (part), 6/15/76)

XI-1-9.05 - Population Density

Population density for the purpose of this section shall be an estimated average for each of the following housing types: Single Family Attached, Single Family Detached, Multi-Family in buildings with between 2 and 4 units. Multi-Family in buildings with 5 or more units. This estimated average for each unit type ("X") shall be determined based on the formula below:

X = (BC) A

(X equals B multiplied by C divided by A)

Where,

X Is the estimated current average population per each housing type.

A Is the Census year Department of Finance estimated average population for all unit types.

B Is the Census year count of average population for each unit type.

C Is the most recent Department of Finance estimate of average population for all unit types.

Additionally, a project's total population density shall be the sum of its population per each housing type.

The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the tentative subdivision tract map is approved by the City.

9.05-2 If the subdivider objects to the population estimate as determined by the formula set forth hereinabove, the subdivider may submit for City approval a professionally prepared study on the estimated household sizes for the project. The City, in its sole discretion, may either utilize the estimate derived from the formula hereinabove or the estimate identified in the study.

(Ord. 18.31 (part), 11/20/01: Ord. 18.30 (part), 6/23/98; Ord. 18.17 (part), 6/15/76)

XI-1-9.06 - Amount of Land to be Dedicated

9.06-1 The amount of land required to be provided as park land pursuant to this section in the adopted Midtown Specific Plan Area shall be the figure in which is the result of multiplying the project's estimated population (as calculated in Section 9.05) and 152.46 square feet (3.5 acres/1,000 people). In the Midtown Specific Plan Area at least, two (2) of every three and a half (3 ½) acres shall be provided as public park land (57.4%).

The amount of land required to be provided as park land pursuant to this section in the rest of the City shall be that figure which is the result of multiplying the project's estimated population (as calculated in Section 9.05) and 217.80 square feet (5 acres/1,000 people). Other than within the Midtown Areas of the City, at least, sixty percent (60%) of the required parkland requirement must be provided as public park lands.

(Ord. 18.32 (part), 4/2/02: Ord. 19.30 (part), 6/23/98)

XI-1-9.07 - Amount of Fee in Lieu of Land Dedication

Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Subsection XI-1-9.06 hereof. "Fair market value" shall be determined as of the time of filing the final map in accordance with the following:

9.07-1 The fair market value as determined by the City Council, on a fiscal year basis, and shall reflect the fair market value for an acre of land in the city. The fair market value shall be in effect throughout the fiscal year and shall be applied to the calculation of all park in-lieu fees at the time of the tentative subdivision map approval. At any time the City Council may adjust the fair market value determination for an acre of land in the city in order to more accurately reflect actual real estate market conditions; or

9.07-2 If the subdivider objects to such evaluation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable; or

9.07-3 The City and subdivider may agree as to the fair market value.

(Ord. 18.31 (part), 11/20/01: Ord. 18.24(A) (part), 8/18/87; (Ord. 18.17 (part), 6/15/76)

XI-1-9.08 - Credit for Private Open Space

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes, (as set forth in Subsection XI-1-9.06 hereof), or the payment of fees in lieu thereof (as set forth in Subsection XI-1-9.07 hereof), provided the City Council finds it is in the public interest to do so, and that the following standards are met:

9.08-1 That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and

9.08-2 That the private ownership and maintenance of the open space is adequately provided for by written agreement; and

9.08-3 That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; and

9.08-4 That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and

9.08-5 That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and are approved by the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-9.09 - Choice of Land or Fee

9.09-1 Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee or both, shall be as follows:

(a)

XI-1-10.01 - Requirements

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the school district in the City of Milpitas shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

(Ord. 18.17 (part), 6/15/76)

XI-1-10.02 - Procedure

The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within thirty (30) days after the requirement of dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

(Ord. 18.17 (part), 6/15/76)

XI-1-10.03 - Payments to Subdivider for School Site Dedication

The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(a)

The cost of any improvements to the dedicated land since acquisition by the subdivider;

(b)

The taxes assessed against the dedicated land from the date of the school district's offer to enter the binding commitment to accept the dedication;

(c)

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(Ord. 18.17 (part), 6/15/76)

XI-1-10.04 - Exemptions

The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

(Ord. 18.17 (part), 6/15/76)

Section 11 - Reservations

XI-1-11.01 - Requirements

As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.02 - Standards and Formula for Reservation of Land

Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element or a public building element, the subdivider may be required to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the above specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.03 - Procedure

The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.04 - Payment

The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area including interest and costs on any loan covering such reserved area.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.05 - Termination

If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(Ord. 18.17 (part), 6/15/76)

XI-1-11.06 - Section Not Exclusive

In accordance with the provisions of Government Code section 66482, the authority granted by this Section shall be additional to all other authority granted by law and shall in no way be construed as a limitation on or diminution of any such authority.

No parcel or tentative map filed pursuant to the provisions of this chapter shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of Chapter 20, Title II of the Milpitas Municipal Code. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(Ord. 18.17 (part), 6/15/76)

XI-1-15.02 - Grading and Erosion Control

Every map approved pursuant to this ordinance shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property. Further requirements are found in Section XI-10-45.18.

(Ord. 38.672 (part), 9/15/92; Ord. 18.17 (part), 6/15/76)

Section 16 - Reversion to Acreage

XI-1-16.01 - Reversions to Acreage by Final Map

Subdivided property may be reverted to acreage pursuant to provisions of this chapter.

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the City. The petition shall contain the information required by XI-1-16.02 and such other information as required by City.

The City Council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The Council shall direct the Planning Director to obtain the necessary information to initiate and conduct the proceedings.

(Ord. No. 315, § 2, 1/7/25; Ord. 18.17 (part), 6/15/76)

XI-1-16.02 - Data for Reversion to Acreage

Petitioners shall file the following:

(a)

Evidence of title to the real property; and evidence of the consent of all of the owners of any interest(s) in the property; or

(b)

Evidence that none of the improvements required to be made have been made within two (2) years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(c)

Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map was filed for record.

(d)

A final map in the form prescribed by this Chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.03 - Fees

Petitions to revert property to acreage shall be accompanied by a fee established by resolution of the City Council. If the proceedings are initiated by the City Council, any person or persons who requested the Council to initiate the proceedings (other than the City Council, another public agency or a public officer) shall pay a fee established by Council resolution. Fees are not refundable.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.04 - Proceedings Before the City Council

A public hearing shall be held before the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code.

The City Council may approve a reversion to acreage only if it finds and records in writing that:

(a)

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(b)

Either:

(1)

All owners of an interest in the real property within the subdivision have consented to reversion; or

(2)

None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(3)

No lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record.

The City Council may require as conditions on the reversion:

(1)

The owners dedicate or offer to dedicate streets or easements.

(2)

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.05 - Return of Fees, Deposits; Release of Securities

Except as provided in Section XI-1-16.04, upon filing of the final map for reversion of acreage with the County Recorder, all fees, and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.06 - Delivery of Final Map

After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.07 - Effect of Filing Reversion Map with the County Recorder

Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. 18.17 (part), 6/15/76)

XI-1-16.08 - Lot Combination

When a property owner of two (2) or more contiguous lots desires to combine the lots, the property owner shall file a lot combination application with the Community Development Manager. The application shall include a plat of the properties to be combined, with as many copies as may be required by the Community Development Manager. If the Community Development Manager finds that the proposed lot combination is in conformance with the general plan, the zoning ordinance and the city's development policies, the Community Development Manager may approve the lot combination.

Upon approval of the lot combination, the property owner shall record the notice of approval for the lot combination with the Santa Clara County Recorder within sixty (60) days. A copy of the recorded document shall be filed with the Community Development Manager. Failure to record the lot combination shall be cause for denial of any project dependent on the lot combination.

The above procedures for lot combinations shall not apply to parcel mergers as defined in Government Code § 66451.21.

(Ord. 18.25, 8/6/91)

Section 17 - Improvement Agreement, Bonds

XI-1-17.01 - Improvement Agreement

In any case where required improvements are not completed and accepted before approval of a final map or a parcel map, the subdivider shall execute an agreement with City, approved by the City Attorney as to form and by the City Engineer as to substance. Said agreement may include, but shall not be limited to, provisions on the following matters:

Dedication and transfer of title.

Improvements, improvement requirements.

Time of completion of improvements.

Surety bond descriptions.

Provisions as to right-of-way acquisition.

Repair or replacement of defective improvements.

Indemnification of City.

Liability insurance requirements.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.02 - Improvement Security: Required

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.03 - Improvement Security: Amount

The subdivider shall file with the improvement agreement an improvement security in the amount and for the following purposes:

(a)

An amount not less than the total estimated cost of the improvements, conditioned upon the faithful performance of the agreement.

(b)

An additional amount not less than the total estimated cost of the improvement, securing payment to the contractor, his subcontractor, and to persons renting equipment or furnishing labor or materials to them for the improvement.

(c)

An amount to cover final survey and monumentation of the subdivision.

(d)

An amount determined by the City Engineer necessary for the warranty of the work for a period of one year following the completion and acceptance thereof against defective labor or materials.

In accordance with the provisions of Government Code 66499.2, said improvement security shall secure the faithful performance of any changes or alterations in the work to the extent that such changes and alterations do not exceed 10% of the original estimated cost of the improvements.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.04 - Improvement Security: Form

Improvement security as used in this section means one or more of the following:

(a)

A cash deposit made with the City.

(b)

A bond or bonds by one or more duly authorized corporate securities which shall be in the form referenced by Government Code Sections 66499.1 and 66499.2 (see appendix).

(c)

An instrument or instruments of credit from one or more financial institutions subject to the regulation of the state or federal government, pledging that the funds necessary to meet the performance are on deposit,

and agreeing that the funds designated by the instrument shall become trust funds for the purpose set forth in the instrument.

(Ord. 18.17 (part), 6/15/76)

XI-1-17.05 - Improvement Security: Release or Reduction

Improvement security may be released or reduced in the following manner:

(a)

Improvement security given for the faithful performance of the agreement may be released upon final completion and acceptance of the work and after the expiration of the waiting period.

(b)

Improvement security, securing the payment of the contractor, the subcontractors, and to persons renting equipment or furnishing labor or materials may, six months after completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which action has been filed and notice thereof given in writing to the City Council. If no actions have been filed, the security may be released in full.

(c)

Security for faithful performance may be released as work progresses upon approval of the Milpitas City Council provided such release shall:

(i)

Not apply to any required warranty period nor to the amount of security deemed necessary by the local agency for such warranty period not to costs and reasonable expenses and fees, including attorney fees.

(ii)

Not exceed 90% of the value of the work completed at the time of the release after a reserve has first been established to provide for the amount of security necessary for the warranty period and, costs, reasonable expenses and fees, including attorney fees.

(Ord. 18.17 (part), 6/15/76)

Section 18 - Administration

XI-1-18.01 - Rules and Regulations

The City Council may adopt rules and regulations relating to the interpretation and administration of this chapter as are consistent with the provisions hereof for the purpose of providing for the efficient administration of this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.02 - Exceptions

The Planning Commission may recommend that the City Council authorize conditional exceptions to any of the requirements of this chapter at time of tentative map provided the Commission finds:

(a)

There are special circumstances affecting the subdivision.

(b)

The granting of the exception will not defeat the objectives of this chapter and the adopted General Plan of the City.

(c)

The granting of the exceptions will not injure other land in the area where the subdivision is located.

(d)

The exception is necessary to protect a substantial property right of the subdivider.

(e)

The exception is not in conflict with the Government Code.

Application for any such exception shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision.

The Commission shall report its findings to the Council and shall specifically set forth the exceptions recommended and the conditions designated.

The Council may approve any tentative map with or without the exceptions and with or without any of the conditions recommended and with such other exceptions, if any, or conditions, if any, which the Council deems necessary to secure the objectives of this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.03 - Waivers, Releases, Extensions

No waiver, release or extension of time hereunder shall be made or effective unless given in writing by the person or authority which has the power to grant said waiver, release or extension of time.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.04 - Appeals

Any interested person adversely affected by a decision of the Planning Commission or any City Officer may file a complaint with the Council (through the City Manager's Office) concerning such decision. Any such complaint shall be filed with the City Clerk within fifteen (15) days after the action which is the subject of the

complaint. The Council may, in its discretion reject the complaint at its next regular meeting or set the matter for public hearing. If the Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3. A reasonable fee, established by Resolution of the Council, shall be imposed upon appellant to defray the costs of the appeal.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.05 - Notice of Hearing

Whenever a public hearing is held pursuant to this chapter, notice of the hearing shall be given in accordance with Government Code Sections 65090 and 65091, as amended.

(Ord. 18.29 (part), 8/6/96: Ord. 18.26, 4/21/92: Ord. 18.17 (part), 6/15/76)

XI-1-18.06 - Map Processing Fee

Every person submitting a tentative, final or parcel map shall pay a processing fee in an amount prescribed by resolution of the Council.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.07 - Certificate of Compliance

Pursuant to the provisions of Government Code Section 66499.35, the City of Milpitas shall cause a certificate of compliance to be filed for record with the Recorder of Santa Clara County upon:

(a)

a request from the owner of the real property;

(b)

a determination by the City that such real property complies with the provisions of the Subdivision Map Act and of this Chapter;

(c)

upon the payment of a fee to establish by resolution or minute order of the City Council to govern the cost of issuing and recording a certificate of compliance;

(d)

upon the fulfilling of such conditions as would have been applicable to the division of the real property at the time the then owner of record acquired the same.

(Ord. 18.17 (part), 6/15/76)

XI-1-18.08 - Waiver of Parcel Map

Pursuant to the provisions of Government Code Section 66428, the City Council may waive the requirement for a parcel map for land conveyed to the City of Milpitas.

(Ord. 18.27, 12/20/94)

Section 19 - Enforcement

XI-1-19.01 - Unlawful to Violate Chapter

It shall be unlawful for any person, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as a principal, agent or otherwise to offer to sell, to contract to sell, lease or finance, or to sell, lease or finance any subdivision of land or any part thereof in the City of Milpitas, unless and until all the requirements hereinafter provided have been complied with.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.02 - Penalty

See I-1-4.09-1.

XI-1-19.03 - Nuisance

The violation of any of the provisions of this chapter constitutes a public nuisance and may be abated in accordance with the procedure set forth in Article IV of Chapter 20, Title I (Standard Procedures Chapter) of the Milpitas Municipal Code.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.04 - Civil Action

Pursuant to the authority granted in Government Code Section 66499.33, the City Council shall be empowered to file a suit in the Superior Court of Santa Clara County to enjoin or restrain any attempted or proposed subdivision of land or sale, lease or financing in violation of the Subdivision Map Act or the provisions of this chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.05 - Land Division Violations To Be Recorded

Pursuant to the authority contained in Government Code Section 66499.36, whenever the Director of Planning has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this Chapter, he shall cause to be filed for record with the Recorder of Santa Clara County a Notice of Intention To Record A Notice Of Violation, describing the real property in detail, naming the owner thereof, and describing the violation, and stating that an opportunity will be given to the owner to represent evidence. The Director of Planning and Engineering shall mail a copy of such notice to the owner of said real property as his address appears on the last equalized assessment roll of the County of Santa Clara. The notice shall specify a time, date and place at which the owner may present evidence to Planning Commission why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Director of Planning and Engineering shall record a release

of the Notice of Intention To Record A Notice Of Violation. If however, it is determined that there has been a violation (or if within sixty (60) days of receipt of the copy of the Notice Of Intention To Record A Violation the real property owner fails to inform the Director of Planning and Engineering of his objection to recording the Notice of Violation), the Director of Planning and Engineering shall record the Notice of Violation. For all purposes, the Director of Planning and Engineering is designated as the person authorized to perform any duty to be performed pursuant to the provisions of Government Code Section 66499.36 by the City of Milpitas, the City Council of Milpitas, or the Planning Commission of the City of Milpitas.

(Ord. No. 315, § 2, 1/7/25; Ord. 18.20 5/5/81)

XI-1-19.06 - Non-Compliance, Prohibition Against Issuance of Permit

Pursuant to the provisions of Government Code Section 66499.34, the City of Milpitas shall not issue any permit or grant any approval necessary to develop land which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or of the provisions of this Chapter, if the Community Development Manager finds that development of such real property is contrary to the public health or safety provided, however, that the City Council shall be empowered to authorize the issuance of such permit or grant approval for the development of any such real property, upon the imposition of such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.07 - Voidability of Conveyance

Attention is directed to the provisions of Government Code Section 66499.32 authorizing the voidability of a conveyance of land subdivided in violation of the provisions of the Subdivision Map Act or this Chapter.

(Ord. 18.17 (part), 6/15/76)

XI-1-19.08 - Enforcement Provisions Cumulative

See I-1-4.11

Section 20 - Findings

XI-1-20.01 - Finding Regarding Conformity with General Plan

Pursuant to Section 66473.5 of the Government Code, the City Council shall not approve any tentative or final map unless it shall find in writing that the proposed subdivision, its design and improvement are consistent with the General Plan of the City of Milpitas.

(Ord. 18.17 (part), 6/15/76)

XI-1-20.02 - Findings Upon Denial

If the Council shall make one (1) or more of the findings required by Section 66474 of the Government Code, the Council shall deny approval of a tentative or final map.

(Ord. 18.17 (part), 6/15/76)

Section 30 - Vesting Tentative Map

XI-1-30.00 - Vesting Tentative Map

This Section 30 (and subsections 30.01 through 30.10 thereof) is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Section.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.01 - Purpose and Intent

30.01-1 It is the purpose of this Section to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the other provisions of this Chapter 1 of Title XI of the Milpitas Municipal Code. Except as otherwise set forth in the provisions of this Section, the provisions of this Chapter 1 of Title XI shall apply to this Vesting Tentative Map Section.

30.01-2 To accomplish this purpose, the regulations outlined in this Section are determined to be necessary for the preservation of the public health, safety and general welfare and for the promotion of orderly growth and development.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.02 - Consistency

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance of the City of Milpitas or other applicable provisions of the Milpitas Municipal Code.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.03 - Definitions

30.03-1 A "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as defined in this Chapter 1 of Title XI that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with subsection XI-1-30.05, and is thereafter processed in accordance with the provisions hereof.

30.03-2 All other definitions set forth in this Chapter 1 of Title XI are applicable.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.04 - Application

30.04-1 This Section shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Chapter 1, Title XI, requires the filing of a tentative map or

tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

30.04-2 If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.05 - Filing and Processing

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this Chapter 1 of Title XI for a tentative map except as hereinafter provided:

30.05-1 At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words, "Vesting Tentative Map."

30.05-2 It shall be a condition precedent to the approval of a vesting tentative map that the land for which said map is filed shall have been zoned for, and that all discretionary land use approvals (including, but not limited to, conditional use permits) under Title XI of the Milpitas Municipal Code shall have obtained for the use of the land for which the vesting tentative map is filed.

30.05-3 It shall be a condition precedent to the approval of a vesting tentative map that all fees required in connection with the use or development of the land for which the vesting tentative map is filed (including, but not limited to, those required by any provision of Title XI of the Milpitas Municipal Code) shall have first been paid, provided, however, that, in lieu of payment at the time of approval, the City may, in the exercise of a reasonable discretion, approve the map upon condition that the amount of the fee or fees is to be determined and paid at the time of application for a final map or building permit.

30.05-4 It shall be a condition precedent to the approval of a vesting tentative map that all environmental assessments required by statutes of the State of California or ordinance of the City of Milpitas shall have been completed and finally acted upon by the City with respect to the land and project for which the vesting tentative map is filed.

30.05-5 Nothing herein contained is intended to waive or modify any requirement of Title II of the Milpitas Municipal Code.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.06 - Fees

Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.07 - Expiration

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this Chapter 1, Title XI for the expiration of the approval or conditional approval of a tentative map.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.08 - Vesting on Approval of Vesting Tentative Map

30.08-1

(a)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2.

(b)

However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

30.08-2 Notwithstanding subsection 30.08-1, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

(a)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

(b)

The condition or denial is required, in order to comply with State or Federal law.

30.08-3 The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section XI-1-30.07. If the final map is approved, these rights shall last for the following periods of time:

(a)

An initial time period of twelve (12) months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(b)

The initial time period set forth in Section XI-1-30.08-3(a) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

(c)

A subdivider may apply for a one-year extension at any time before the initial time period set forth in Section XI-1-30.08-3(a) expires.

(d)

If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (a) through (c) of this Section XI-1-30.08-3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

30.08-4 The rights conferred by this Section shall be for the time periods set forth in Section XI-1-30.08-3.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.09 - Applications Inconsistent With Current Policies

Notwithstanding any provision of this Section, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Section XI-1-30.08-1, and the City of Milpitas may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 18.23 § B (part), 12/17/85)

XI-1-30.10 - Effective Date

The effective date of the ordinance codified in this Section is January 1, 1986.

(Ord. 18.23 § B (part), 12/17/85)

Section 31 - Urban Lot Splits

XI-1-31.00 - Purpose

The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.01 - Definition

As defined in subsection XI-1-3.09 of this chapter, an "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.02 - Application

31.02-1 Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any

kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

31.02-2 An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

31.02-3 The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.03 - Approval

31.03-1 An application for a parcel map for an urban lot split is approved or denied ministerially, by the Planning Director or his or her agent, without discretionary review.

31.03-2 A tentative parcel map for an urban lot split may receive ministerial approval if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map may also receive ministerial approval as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

31.03-3 The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

31.03-4 The approval must require the owner and applicant to reimburse the city of all costs of enforcement, including attorney's fees and costs associated with enforcing the requirements of this chapter.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.04 - Requirements.

An urban lot split must satisfy each of the following requirements:

31.04-1 Map Act Compliance. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this code, except as otherwise expressly provided in this section.

31.04-2 If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

(a)

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(b)

Habitat for protected species.

(j)

Land under conservation easement.

31.04-5 Historic Properties. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

31.04-6 No Prior Lot Split. ¶

(a)

The lot to be split shall not be a lot that was established through a prior urban lot split.

(b)

The lot to be split shall not be adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. "Any person acting in concert

with the owner" here includes any third-party that coordinates with the owners of two adjacent lots with their respective urban lot splits.

31.04-7 No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(a)

Housing that is income-restricted for households of moderate, low, or very low income.

(b)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

(c)

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

(d)

Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

31.04-8 Lot Size. ¶

(a)

The lot to be split must contain a minimum of 2,400 square feet.

(b)

The resulting lots must each contain a minimum of 1,200 square feet.

(c)

Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.05 - Easements.

31.05-1 The owner of the property subject to an urban lot split must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

31.05-2 Each easement must be shown on the tentative parcel map.

31.05-3 Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.06 - Lot Access.

31.06-1 Each resulting lot must adjoin the public right of way.

31.06-2 Each resulting lot must have frontage on the public right of way of at least 12.5 feet.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.07 - Compliance with Zoning Ordinance

The urban lot split shall conform with the requirements and standards of Section XI-10-4.08 "Urban Lot Splits" and Section XI-10-4-0.09 "Two-unit Projects" of this Title.

(Ord. No. 38.844, § 4, 12/14/21)

XI-1-31.08 - Specific Adverse Impacts

31.08-1 Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

31.08-2 "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the Zoning Ordinance or General Plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

31.08-3 The Building Official may consult with and be assisted by the Planning Director or other City staff or consultants, as necessary, in making a finding of specific, adverse impact.

(Ord. No. 38.844, § 4, 12/14/21)

APPENDIX A TO ORDINANCE

CITY OF MILPITAS

FAITHFUL PERFORMANCE BOND FOR SUBDIVISION IMPROVEMENT AGREEMENT

WHEREAS, the City Council of the City of Milpitas, State of California, and _____

(hereinafter designated as "principal") whose address is _____

_____

have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 19, and identified as project _____

_____

is hereby referred to and made a part hereof; and

WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

WHEREAS, the principal has guaranteed that said work will be free from faulty materials or workmanship and has agreed to immediately remedy, repair or replace upon notice from the City, without cost or obligation to said City and to the entire satisfaction of City, all defects, damages or imperfections due to or arising from faulty materials or workmanship appearing in said work within a period of one year after date of final completion and acceptance;

Now, therefore, we, the principal and _____

_______, whose address is _____

as surety, are held and firmly bound unto the City of Milpitas in the penal sum of _______ Dollars ($_______) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Milpitas, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on _______ 19___.

APPROVED AS TO FORM _____ _____ PRINICIPAL City Attorney By: _____ APPROVED AS TO SUFFICIENCY: _____ _____ SURETY City Engineer By: _____

ACKNOWLEDGMENT BY PRINCIPAL & SURETY IS ESSENTIAL

Form

Government Code Section 66499

APPENDIX B TO ORDINANCE

CITY OF MILPITAS

LABOR AND MATERIALS BOND

FOR

SUBDIVISION IMPROVEMENT AGREEMENT

WHEREAS, the City Council of the City of Milpitas, State of California, and _____

(hereinafter designated as "principal") whose address is _____

have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 19, and identified as project _____

is hereby referred to and made a part hereof; and

WHEREAS, under the terms of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Milpitas, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore, said principal and the undersigned as corporate surety whose address is _____

_____ ,

are held firmly bound unto the City of Milpitas and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of _______ Dollars (_______), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also

in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time. alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on _______ 19___.

APPROVED AS TO FORM _____ _____ PRINICIPAL City Attorney By: _____ APPROVED AS TO SUFFICIENCY: _____ _____ SURETY City Engineer By: _____

ACKNOWLEDGMENT BY PRINCIPAL & SURETY IS ESSENTIAL

Form

Government Code Section 66499

Chapter 3 - STANDARD SPECIFICATIONS

XI-3-1.00 - Standard Drawings, Specifications and Engineering Guidelines

Pursuant to the authority contained in Government Code Sections 50022.1 et seq. and 66462, the City Council of the City of Milpitas does hereby adopt as the standard specifications for public works within City boundaries the "City of Milpitas Standard Drawings, Specifications and Engineering Guidelines," printed and prepared by the City Engineer of the City of Milpitas. The City of Milpitas Standard Drawings, Specifications and Engineering Guidelines incorporates by reference the Standard Specifications of the California Business & Transportation Agency, the Federal Test Standards, National Electric Codes (NEC),

the Illuminating Engineering Society of North America (IESNA) Roadway Lighting Practice RP-8, the American Association of State Highway and Transportation Officials Manuals for Geometric Design of Highways and Streets (2004 Edition) and Geometric Design of Very Low Volume Local Roads/ADT ≤ 400 (2001 Edition), the California Manual of Uniform Traffic Control Devices (2003), the California Department of Transportation Traffic Manual (1996 Metric version with updates as of May 19, 2004, and September 26, 2006), the California Department of Transportation Highway Design Manual (July 2009), the California Department of Transportation Standard Plans and Specifications, and the specifications of the following entities and groups: the American Water Works Association (AWWA); the American Society of Testing & Materials (ASTM); the National Electrical Manufacturers Association (NEMA); the American Society of Mechanical Engineers (ASME); and the American National Standards Institute (ANSI). The City Engineer is authorized to make administrative changes to the City of Milpitas Standard Drawings, Specifications and Engineering Guidelines as needed, except as barred by Government Code Section 50022.7. The Standard Drawings, Specifications, and Engineering Guidelines shall be kept in uncodified form and shall be available upon request from the City Engineer.

(Ord. No. 66.3, § 2, 6/15/10; Ord. 66.2 (A), 11/5/91; Ord. 66.1 (part), 12/21/82)

XI-3.2.00 - Application

The City of Milpitas Standard Drawings, Specifications and Engineering Guidelines shall be applicable to all subdivision improvements, public works projects, and associated encroachment permits, and for projects affecting City facilities. Said standard specifications may be referred to or incorporated by reference in any ordinance, resolution, order or agreement to which the City of Milpitas is a party.

(Ord. No. 66.3, § 2, 6/15/10; Ord. 66.1 (part), 12/21/82)

Chapter 4 - CULTURAL RESOURCES PRESERVATION PROGRAM

XI-4-1.00 - General Objectives

Milpitas is a community with a rich historical and cultural heritage. The price of rapid growth has been the untimely alteration, demolition or removal of buildings that are a part of that history and heritage. Historic buildings and historic sites might be preserved and incorporated into the development of land if the owner and the community are aware of their value. Historic buildings and sites about to be altered, demolished, removed or eradicated may be saved (by purchase, lease, rehabilitation or otherwise) through the efforts of interested owners or community groups if there were a reasonable opportunity to do so.

This Chapter seeks to balance the needs of the community for preservation and the needs of the community for development by:

a.

The creation of a Parks, Recreation and Cultural Resources Commission;

b.

A hearing procedure allowing the inventory of and classification of community cultural resources;

c.

A permit procedure to allow guidance to owners in the preservation of valuable cultural assets; and

d.

To provide provision for a reasonable time during which cultural assets (that might otherwise be lost) can be acquired for preservation by interested individuals or organizations; and

e.

Utilizing statutes and ordinances heretofore or hereafter enacted providing for the preservation of cultural assets;

f.

The recognition of the right of a landowner to develop property on which cultural assets are located if there are no practical preservation alternatives available.

(Ord. 226.2 (part), 8/4/92; Ord. 226, 4/16/85)

XI-4-2.00 - Purpose

The purpose of this Chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, signs, objects, features, sites, places, and areas within the City and its unincorporated sphere of influence that reflect special elements of the City's architectural, artistic, cultural, engineering, esthetic, historical, political, social, and other heritage for the following reasons:

a.

To safeguard the City's heritage as embodied and reflected in such resources;

b.

To encourage public knowledge, understanding, and appreciation of the City's past;

c.

To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources;

d.

To promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the City;

e.

To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the City's history and to encourage complementary design and construction;

f.

To protect historic trees and plants;

g.

To enhance property values and to increase economic and financial benefits to the City and its inhabitants;

h.

To protect and enhance the City's attraction to tourists and visitors (thereby stimulating business and industry);

i.

To identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses;

j.

To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes;

k.

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

(Ord. 226.1 (A)(1), 11/7/89: Ord. 226 (part), 4/16/85)

XI-4-3.00 - Area of Application

This Chapter shall apply to all cultural resources within the City of Milpitas.

(Ord. 226 (part), 4/16/85)

XI-4-4.00 - Definitions

4.01 "Alteration" means any exterior change or modification, through public or private action, of any cultural resource or of any property located within an historic district including, but not limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property.

4.02 "Commission" means Parks, Recreation and Cultural Resources Commission.

4.03 "Cultural resource" means improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the City.

4.04 "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including but not limited to the kind, color, and texture of the building materials and the type and style of all windows; doors, lights, signs and other fixtures appurtenant to such improvement.

4.05 "Historic district" means any area containing improvements which have a special character, historical interest or aesthetic value or which represent one or more architectural periods or styles typical of the history of the City, and which improvements constitute a distinct section of the City that has been designated an historic district pursuant to this Chapter.

4.06 "Improvement" means any building, structure, place, parking facility, fence, gate, wall, work of art of other object constituting a physical betterment of real property, or any part of such betterment.

4.07 "Structure" (landmark, cultural resource, historic structure) means any improvement that has special historical, cultural, aesthetic or architectural character, interest or value as part of the development, heritage or history of the City, the State of California, or the nation and that has been designated pursuant to this Chapter.

4.08 "Site" (historic site, cultural resource site, landmark site), means a parcel or part thereof on which a cultural resource is situated and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been designated a designated site pursuant to this Chapter. Site includes historic trees and plants.

4.09 "Object" means a material thing of functional, aesthetic, cultural, symbolic or scientific value, usually by design or nature movable.

4.10 "Preservation" means the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources.

(Ord. 226.2 (part), 8/4/92; Ord. 226 (part), 4/16/85)

XI-4-5.00 - Parks, Recreation and Cultural Resources Commission

5.01 There is hereby established in the City a Parks, Recreation and Cultural Resources Commission (hereinafter referred to as the Commission) consisting of nine (9) unpaid members appointed by the Mayor and approved by the City Council.

5.02 The members of the Commission should include members of preservation related organizations such as historical societies, museums, heritage groups and civic clubs, as well as members of professional bodies such as licensed architects, attorneys, and urban planners. All members must have a demonstrated interest in and knowledge of the cultural heritage of the City.

5.03 The appointment of the members of the Commission shall be for a three (3) year term.

5.04 In the event of a vacancy occurring during the term of a member of the Commission, the Mayor shall make an interim appointment to fill the unexpired term of such member subject to the approval of the City Council.

(Ord. 226.2 (part), 8/4/92: Ord. 226 (part), 4/16/85)

XI-4-6.00 - Powers and Duties

The Board shall have the following powers and duties:

6.01 Propose to the City Council criteria for and conduct or cause to be conducted a comprehensive survey of properties within the boundaries of the City. Publicize and periodically update survey results.

6.02 Propose specific guidelines for the designation of cultural resources including landmarks, landmark sites, and historic districts.

6.03 Maintain a local register of cultural resources including historic districts, landmark sites, and landmarks within the City.

6.04 Propose standards to be used by the City of Milpitas in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any cultural resource.

6.05 Recommend to the City Council the purchase of fee or less-than-fee interests in property for purposes of cultural resource preservation.

6.06 Investigate and report to the City Council on the use of various federal, State, local, or private funding sources and mechanisms available to promote cultural resource preservation in the City.

6.07 Cooperate with Local, County, State and Federal Governments in the pursuit of the objectives of historic preservation.

6.08 Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record.

6.09 Render advice and guidance, upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource including landmark, landmark site, historic district, or neighboring property within public view.

6.10 Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources.

6.11 Recommend to the City Council the official recognition of sites, buildings, landscape features, etc., located in the City's unincorporated sphere of influence as cultural resources and notify the appropriate County agencies and commissions of such recognition.

6.12 Perform any other functions that may be designated by resolution or motion of the City Council.

(Ord. 226.1 (A)(2), 10/18/89: Ord. 226 (part), 4/16/85)

XI-4-7.00 - Designation Criteria

For the purposes of this Chapter, an improvement may be designated a cultural resource by the City Council, and any area within the City may be designated an historic district by the City Council pursuant to Section XI-4-8.00 if it meets the following criteria:

It exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, or architectural history; or

B.

It is identified with persons or events significant in local, State, or national history; or

C.

It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

D.

It is representative of the notable work of a builder, designer, or architect.

(Ord. 226 (part), 4/16/85)

XI-4-8.00 - Designation Procedures

Cultural resources and historic districts shall be established by the City Council in the following manner:

8.01 Any person may request the designation of an improvement as a cultural resource or the designation of an historic district by submitting an application for such designation to the Commission. The Planning Commission or City Council may also initiate such proceedings on their own motion by request to the Commission.

8.02 The Commission shall conduct a study of the proposed designation as it may require as to its appropriateness for consideration. The Commission shall schedule a public hearing within sixty (60) days of the submission of the application.

8.03 No building, alteration, demolition or removal permits for any improvement, building or structure within the proposed historic district or relative to a proposed cultural resource shall be issued pending the determination by the City Council under this Section.

8.04 In the case of a proposed cultural resource and cultural resource site, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the improvement at least ten (10) days prior to the date of the public hearing (using the name and address of such owners as shown on the latest equalized assessment rolls) and shall be advertised once in a newspaper of general circulation in the City at least ten (10) days prior to the date of the public hearing.

8.05 In the case of a proposed historic district, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, owner and occupant of all properties within the proposed district at least ten (10) days prior to the date of the public hearing (using the name and address of such owners as shown on the latest equalized assessment rolls) and shall be advertised once at least ten (10) days prior to the date in a newspaper of general circulation in the City.

8.06 At the conclusion of the public hearing, but in no event more than thirty (30) days from the date set for the initial public hearing for the designation of a proposed cultural resource or historic district, the

Commission shall recommend approval (in whole or in part) or disapproval (in whole or in part) of the application in writing.

8.07 Upon receipt of the recommendations of the Commission, the Planning Commission shall review them for the sole purpose of determining whether they are in conformance with the general plan and with any applicable specific plan (including zoning). The Planning Commission shall report thereon to the City Council within thirty (30) days of the receipt of the recommendations of the Commission. The Planning Commission may, but shall not be required to, make any additional recommendations relating to the application that it desires and that it believes are relevant to the consideration of the application by the City Council.

8.08 The City Council, within thirty (30) days of receipt of the recommendations from the Commission, shall approve the application (in whole or in part), or shall disapprove it (in whole or in part). Its decision shall be final.

8.09 Failure to send any notice by mail to any property owner where the address of such owner is not on the last equalized assessment roll shall not invalidate any proceedings in connection with the proposed designation.

8.10 The Council may establish a fee for the filing of applications under this Section. No fee shall be paid for applications filed by the Commission or Council.

8.11 The provisions of this Section are not subject to appeal except the application of the provisions of Subsection 8.03 in a given case.

8.12 When a recognized cultural resource is annexed to the City, it must be designated as a cultural resource in accordance with this Section before it is subject to the permit procedures of this Chapter.

(Ord. 226.2 (part), 8/4/92; Ord. 226.1 (A)(3), 10/18/89: Ord. 226 (part), 4/16/85)

XI-4-9.00 - Permits

It is unlawful for any person to tear down, demolish, construct, alter, remove, or relocate any improvement, or any portion thereof, which has been designated a cultural resource or cultural resource site pursuant to the provisions of this Chapter, or which lies within an historic district so designated pursuant to the provisions of this Chapter, or to alter in any manner any exterior architectural feature of such a cultural resource, cultural resource site or improvement within such an historic district, or to place, erect, alter or relocate any sign within such an historic district or on such a cultural resource or cultural resource site, without first obtaining a permit to do so in the manner provided in this Chapter, nor shall the Building Department or Planning Commission grant any permit to carry out such work on a cultural resource or cultural resource site or within an historic district, except in conformity to the provisions of this Chapter.

(Ord. 226 (part), 4/16/85)

XI-4-10.00 - Permit Procedure

10.01 The Chief Building Inspector shall report to the Commission any application for a permit to work on a cultural resource, cultural resource site or within an historic district which has been designated as such

pursuant to the provisions of this Chapter.

10.02 The application shall be accompanied by such fees as have been established by the City and by such materials as are required by the Commission and as are reasonably necessary for the proper review of the proposed project including, but not limited to, side elevations, exterior drawings, site plan, materials samples, photographs, historical data, illustrations of proposed grading or drainage, landscaping plans, and line drawings of adjacent properties.

10.03 Within thirty (30) days of the filing of a completed application with necessary fees and materials, the Commission shall review the same and make a recommendation to the City Council as to whether the permit shall be granted, granted conditionally or denied.

10.04 All applications must be signed by all owners of the real property on which the cultural resource is located who shall verify under penalty of perjury that the application lists the names and addresses of all owners.

10.05 In determining its recommendation, the Commission shall consider the following:

a)

In the case of a designated cultural resource, whether the proposed work would detrimentally alter, destroy or adversely affect any exterior architectural feature; or

b)

In the case of any property located within an historic district whether the proposed construction, removal, rehabilitation, alteration, remodeling, excavation or exterior alteration conforms to any prescriptive standards as adopted by the Commission or by the City, and does not adversely affect the character of the district; or

c)

In the case of construction of a new improvement, building or structure upon a cultural resource site, whether the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings and structures on said site.

The Commission shall make findings of facts and reasons relied on in reaching its recommendation.

10.06 Upon receipt of the recommendations of the Commission, the City Council shall hold a public hearing. Notice of said hearing shall be given at least ten (10) days before the hearing by:

a)

Certified mail to the owners of the real property on which the cultural resource is located and to any other person named as an applicant on the application as said names and addresses appear on the application;

b)

Certified mail to the owners of any real property located within three hundred (300) feet of the real property on which the cultural resource is located as said owners appear on the last equalized assessment roll in

Santa Clara County;

c)

Certified mail to the owners of any real property in any historical district in which the cultural resource is located as said names and addresses appear on the last equalized assessment roll in Santa Clara County;

d)

Certified mail to any person or organization who has filed a request in writing for hearing notice with the City Clerk and Chief Building Inspector within the year immediately preceding the filing of the permit application;

e)

By advertising at least one (1) time in a newspaper of general circulation in the City of Milpitas.

10.07 At the conclusion of the public hearing, the City Council may grant the permit forthwith or it may delay the granting of a permit for a period of time not to exceed one hundred eighty (180) days. In granting a permit (whether immediately or delayed), the Council shall be empowered to impose reasonable conditions to protect the character of appearance (whether interior or exterior) of the resource or of the neighborhood or district in which it is located. Provided, however, no permit shall be granted in violation of any applicable statute, ordinance, resolution, regulation, code or design criteria. Provided, further, the grant of a permit hereunder shall not constitute a waiver of any requirement of any other statute, ordinance, resolution, regulation, code or design criteria.

10.08 The purpose of the delay in the issuance of the permit is to give any person or organization an opportunity to negotiate with the owner or owners of the subject of the permit for its preservation (through purchase, lease, dedication or otherwise).

10.09 The City Council shall be empowered to extend the time during which a permit cannot be issued for one hundred eighty (180) days in addition to the period provided in Subsection 10.07 of this Chapter upon showing satisfactory to the Council that the party requesting the delay:

a)

Has undertaken good-faith negotiations with the owner or owners of the subject of the permit for its preservation;

b)

Will assure its preservation in accordance with the decision of the City Council;

c)

Has adequate resources with which to purchase, lease or otherwise acquire the subject of the permit from the owner or owners thereof.

(Ord. 226.2 (part), 8/4/92; Ord. 226 (part), 4/16/85)

XI-4-11.00 - Ordinary Maintenance and Repair

Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the Chief Building Inspector certifies that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.

(Ord. 226 (part), 4/16/85)

XI-4-12.00 - Showing of Hardship

The City Council need not disapprove an application for permit to carry out any proposed work in an historic district, or on a cultural resource or cultural resource site, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the City Council that such disapproval will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be property owner, tenant or resident, or because of conditions peculiar to the particular improvement, building or structure or other feature involved, and that

failure to disapprove the application will be consistent with the purposes of this Chapter. If a hardship is found to exist under this Section, the City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding.

(Ord. 226 (part), 4/16/85)

XI-4-13.00 - Notices

Unless otherwise provided herein, all notices shall be given and all hearings shall be held pursuant to the provisions of Chapter 20 of Title I (Standard Procedures) of the Milpitas Municipal Code.

(Ord. 226 (part), 4/16/85)

XI-4-14.00 - Appeals

Except as otherwise provided by this Chapter and where hearing on the matter is not otherwise required to be had by the Council, any person aggrieved by a decision of any officer or department of the City of Milpitas may appeal to the City Council pursuant to the provisions of Section 5 of Chapter 20 of Title I (Standard Procedures) of the Milpitas Municipal Code.

(Ord. 226 (part), 4/16/85)

XI-4-15.00 - Rules and Regulations

The City Council shall have the power to establish reasonable rules and regulations consistent with the provisions of this Chapter and for the purpose of the administration and enforcement of the provisions of this Chapter.

(Ord. 226 (part), 4/16/85)

XI-4-16.00 - Violations

It shall be unlawful to violate any of the provisions of this Chapter. Any person violating any of the provisions of this Chapter or failing to do any act herein required of said person shall be guilty of an infraction and, upon conviction, shall be punished in accordance with the penalties set forth in Section I-14.09-1 of the Milpitas Municipal Code.

(Ord. 226 (part), 4/16/85)

XI-4-17.00 - Violation a Public Nuisance

The violation of this Chapter is hereby declared to be a public nuisance, and the Attorney for the City of Milpitas shall, upon order of the City Council, commence action or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law.

(Ord. 226 (part), 4/16/85)

XI-4-18.00 - Stop Work Orders

Whenever any work is being done contrary to the provisions of this Chapter, the Chief Building Inspector may order the work stopped by notice in writing served on any person engaged in the doing of such work or in the causing of such work to be done; any person shall forthwith stop such work until authorized in writing by said Chief Building Inspector to proceed with such work.

(Ord. 226 (part), 4/16/85)

XI-4-19.00 - Civil Penalty

Every person causing or undertaking the alteration, moving or demolition of a designated cultural resource or intentionally damaging or destroying a designated cultural resource, or any part thereof, shall be subject to a civil penalty in a sum not to exceed Five Thousand Dollars ($5,000.00) in a civil action in a court of competent jurisdiction and to reasonable attorney fees to be fixed by the Court. Any civil penalty recovered shall be used by the City of Milpitas for the protection or preservation or acquisition of cultural resources.

(Ord. 226 (part), 4/16/85)

XI-4-20.00 - Remedies Cumulative

See I-1-4.11

XI-4-21.00 - Severability

See I-1-4.12

XI-4-22.00 - Citation

This Chapter is enacted as Chapter 4, Title XI, of the Milpitas Municipal Code and may be pleaded and cited as such or as the "Cultural Resources Preservation Ordinance" of the City of Milpitas.

(Ord. 226 (part), 4/16/85)

Chapter 10 - ZONING Section 1 - The Zoning Plan

XI-10-1.01 - Adoption

There is hereby adopted a zoning or districting plan as a part of the master plan of the City of Milpitas, California. It consists of the establishment of various districts, including therein all the territory within the boundaries of said City, within various of which districts it shall be lawful, and within various of which it shall be unlawful to erect, construct, alter, or maintain certain buildings or to carry on certain trades or occupations or to make certain uses of lands, and/or within which the height and bulk of buildings shall be limited and/or within which certain open spaces shall be required about buildings and consisting, further, of appropriate regulations to be enforced in such districts, all as set forth in this Chapter.

(Ord. 38 (part), 3/15/55)

XI-10-1.02 - Intent

The City Council of the City of Milpitas hereby finds and declares that this Chapter is necessary in order to encourage the most appropriate use of land throughout the City; to stabilize and conserve the value of property to provide adequate light, air and reasonable access; to secure safety from fire and other dangers; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public improvements; and in general to promote the public health, safety, peace, morals, comfort and welfare, all in accordance with a comprehensive Zoning Ordinance and Master Plan.

(Ord. 38 (part), 3/15/55)

XI-10-1.03 - Citation and Reference

This Chapter shall be known as the "Zoning Ordinance of the City of Milpitas" and may be so cited and pleaded. References to Section numbers herein are to the Sections of this Chapter.

(Ord. 38 (part), 3/15/55)

Section 2 - Definitions[[2]]

Footnotes:

--- ( 2 ) ---

Prior ordinance history—Ords. 38, 38.19, 38.22, 38.39, 38.227, 38.339, 38.342, 38.355, 38.395, 38.485, 38.541, 38.551, 38.591, 38.603, 38.629, 38.646, 38.654, 38.667, 38.688, 38.694, 38.697, 38.702, 38.708, 38.710, 38.713, 38.754, 38.759, 38.760, 38.761, 38.763, 38.767, 38.770, 38.776 and 124.27.

XI-10-2.01 - Purpose and Intent

The purpose of this chapter is to ensure precision in interpretation of this title. This section provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not

reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct.

(Ord. No. 38.855, § 4, 6/18/24; Ord. 38.780 (2) (part), 8/19/08)

XI-10-2.02 - General Definitions

A.

The word "shall" is mandatory and not discretionary. The word "may" is permissive and discretionary.

B.

The word "should" indicates a guideline that must be followed in the absence of compelling considerations to the contrary.

C.

In the case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

D.

Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

E.

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items or provisions shall apply;

2.

"Or" indicates the connected items or provisions apply singly; and

3.

"And/or" indicates the connected items or provisions may apply singly or in any combination; and

4.

"Either…or" indicates that the connected items or provisions shall apply singly but not in combination.

F.

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.

G.

The words "Planning Director" shall mean the Planning Director of the City or designee.

H.

The words "Planning Division" shall mean staff representing the City in implementing this chapter, the General Plan, and other regulations affecting land use.

I.

The words "City Engineer" shall mean the City Engineer of the City or designee.

J.

The words "Building Official" shall mean the Building Official of the City or designee charged with the administration and enforcement of the Building Code of the City of Milpitas.

K.

The words "City Manager" shall mean the City Manager of the City or designee.

L.

The words "Planning Commission" or "Commission" shall mean the City Planning Commission.

M.

The word "Council" shall mean the City Council, the governing body of the City.

N.

The word "City" shall mean the City of Milpitas.

O.

The word "County" shall mean the County of Santa Clara.

P.

The word "State" shall mean the State of California.

Q.

The words "Zoning Ordinance" or "this Chapter" or "Zoning Code" shall mean Title XI, Chapter 10 of the Municipal Code of the City.

The words "General Plan" shall mean the General Plan of the City.

S.

The word "code" shall mean the municipal code of the City.

T.

Unless otherwise indicated, reference in this Chapter to whole numbers of sections includes all of the decimal-numbered paragraphs listed under such whole number section; i.e., a reference to Section 1.00 includes Subsections 1.01, 1.01-1 where the same are applicable.

U.

The word "lot" includes "plot".

V.

The word "building" includes "structure" except as specified.

W.

The words "Enforcement Officer" mean that person or persons specifically designated by the City Manager to enforce the provisions of this Chapter.

X.

The words "Zoning Administrator" shall mean the City Zoning Administrator.

(Ord. No. 38.855, § 4, 6/18/24; Ord. No. 38.834, § 4, 8/20/19; Ord. 38.780 (2) (part), 8/19/08)

XI-10-2.03 - Definitions

A

"Abate" shall mean to repair, replace, remove, destroy or otherwise remedy the condition in violation of this Chapter.

"Accessory Building or Use" means a subordinate building or use, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter (¾) ton size. Accessory dwelling units, as defined in subsection XI-10-13.08 "Accessory Dwelling Units," are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:

1.

It shares a common wall with the main building; or

2.

It shares an integral roof structure having the same framing system and roof covering as the main building and is separated from the main structure by no more than ten (10) feet at any given point.

"Accessory Structure" means a structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. An accessory structure is that which an accessory building is not, by definition. Examples include, but are not limited to fences, trellises, covered patios, and porte cocheres.

"Active Use" means a use that attracts walk-in visitors and has a high degree of transparency from the street. Active uses include but are not limited to retail, restaurants, bars, markets, theaters, salons, yoga studios, art studios/galleries, banks, offices, and clinics. Active uses also include ground floor residential shared amenities, such as a lobby, gym, or conference room.

"Adjacent" means having a common border with, or being separated from such a common border by a right-of-way, alley or easement. Properties separated by a street, alley, intersection, or other public right-ofway (other than an elevated interstate freeway), shall be considered abutting when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way.

"Advanced Manufacturing" means the use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elements such as information, automation, computation, software, sensing, and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use.

"Airport" means any area of land or water designed, used, or intended to be used or set aside for the landing and taking off of aircraft. The term "Airport" includes all necessary taxi-ways, aircraft storage and tie-down area, hangars and other necessary buildings and open spaces.

"Alley" means any public thoroughfare which affords only a secondary means of access to abutting property.

"Alteration, Structural" means any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

"Amateur Radio Facility" means a wireless communication facility operated by an FCC licensed amateur radio operator within the Amateur Radio Service (USC Title 47, Part 97).

"Amateur Radio Operator" means a person holding written authorization to be the control operator of an Amateur Radio facility. This authorization may be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.

"Antenna" means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also "Satellite dish or satellite antenna."

Apartment House. See "Dwelling, Multiple-Family."

Apartment, Efficiency. Efficiency apartment means a dwelling unit in a multi-family building consisting of not more than one (1) habitable room, together with kitchen or kitchenette and sanitary facilities.

"Assembly" see "Places of Assembly."

"Assembly from pre-processed materials" means assembling, packaging, or distributing from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. Assembly in the context of industrial manufacturing is distinct from and unrelated to the definition of "Places of Assembly" involving groups of people.

"Auto" means any motor vehicle requiring a license pursuant to the California Vehicle Code.

"Auto Repair shop" means any shop, building, room, place or space wherein, for compensation, any automobile, other motor vehicle, or any parts thereof, are repaired, remodeled, overhauled, reconditioned, or painted.

"Automobile and Trailer Sales Area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed or sold on the premises.

"Automobile Wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

"Bar or nightclub" means a commercial establishment serving alcoholic beverages for consumption on the premises where the service of food is only incidental to the consumption of such beverages. Dancing and live entertainment may also be conducted within the establishment.

"Basement" means a story, partly or wholly, underground. For purposes of height measurements, a basement shall be counted as a story where more than one-half (½) of its height is above the average level of the adjoining ground.

"Bay Window" means a window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within.

"Bedroom" means any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a Habitable Room, which is constructed in such a manner that less than fifty (50) percent of one (1) wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes, shall be counted as a bedroom in order to determine parking or other requirements. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a "bedroom": one (1) kitchen, one (1) living room; one (1) family or recreation room; one (1) dining room; and the customary sanitary facilities. Planning staff shall determine whether or not a room qualifies as one of the above exceptions.

equirements. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a "bedroom": one (1) kitchen, one (1) living room; one (1) family or recreation room; one (1) dining room; and the customary sanitary facilities. Planning staff shall determine whether or not a room qualifies as one of the above exceptions.

"Billiard Center" means a place for the public to view and participate in cuesports, such as, but not limited to, billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards.

"Billiards" means a "Recreation and Entertainment facility" for the public to view and participate in cue sports, such as but not limited to billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards.

"Block" means that property so designated on an official map of the City, or part of the City, or bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage.

"Boarding House" means an establishment where lodging is provided for compensation, generally for stays of more than 30 days, for up to 8 persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.

"Breezeway" means a covered passageway between buildings which does not exceed ten (10) feet in width and which has at least one side open, except for necessary supporting columns.

"Building" means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.

Building, Height of. "Height of building" means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, then the height may be measured from the average elevation of the finished grade along the front of the building.

Building, Main. "Main building" means a building in which is conducted the principal use of the lot on which it is situated. The main building shall contain all area within the interior faces of the building, including enclosed areas that are attached. In any "M" district any dwelling shall be deemed to be the main building on the lot on which the same is situated.

Building, Unit Group. "Unit group building" means two (2) or more buildings (other than dwellings) grouped upon a lot and held under single ownership such as universities, hospitals, institutions and industrial plants.

Business, Retail. "Retail business" means retail sale of any article, substance, or commodity for profit or livelihood conducted within a building, but not including the sale of lumber or other building materials or the sale of used or second-hand goods or materials of any kind.

"Business Support Services" means establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity. This term does not include activities or uses that are specifically listed as a conditionally permitted or prohibited use in the applicable zone. Examples of business support services include but are not limited to:

1.

Business equipment repair services (except vehicle repair);

2.

Commercial art and design (production);

Computer-related services (rental, repair);

4.

Copying and quick-printing services;

5.

Equipment rental businesses within structures;

6.

Heavy equipment repair services where repair occurs;

7.

Janitorial services;

8.

Mailbox rentals;

9.

Mail advertising services (reproduction and shipping);

Other "heavy service" business services;

11.

Outdoor advertising services;

12.

Protective services (other than office related);

13.

Rental, repairs and distribution of office or business equipment;

14.

Window cleaning.

C

Camp, Trailer. "Trailer camp" means an area or tract of land used or designed to accommodate two (2) or more automobile or house trailers.

"Catering establishment" means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for serving and consumption.

"Candidate" means any person, party, referendum, initiative or other ballot measure.

"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

"Child Care Center" means any child care facility other than a family child care home, in which less than twenty-four (24) hour per day non-medical care and supervision are provided to children in a group setting. It includes infant centers, preschools, and extended child day care facilities, but does not include after school programs.

"Class A Office Space" means a high quality, modern building with large floor plates and amenities that typically attracts rents in the top twenty-five percent (25%) bracket.

"College and University, Private" means a privately owned and operated college, community college, or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

"Commercial Athletic Facility" means a building or site equipped for physical training or athletic type games and sports, such as but not limited to, health spas, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility.

ng or site equipped for physical training or athletic type games and sports, such as but not limited to, health spas, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility.

"Commercial Fueling Facility" means a fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site, provided that said facility is located not closer than five hundred (500) feet from any residentially zoned district or any area designated on the General Plan as being "residential" or any mobile home park.

"Commercial Laboratory" means a facility for scientific research in technology-intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, films and fibers.

"Commissary" means a fixed-location kitchen where food is stored and prepared for off-site vending from mobile food vehicles. Commissaries serving mobile food vendors may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs; but do not include catering service establishments.

"Community Garden " means an area where neighbors and residents have the opportunity to contribute to and manage the cultivation of plants, herbs, vegetables, and fruits, generally on property under public or non-profit ownership. May consist of individually tended plots on a shared parcel or many be communal on a single plot.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either of the following:

1.

An estate of inheritance or perpetual estate.

2.

An estate of life.

3.

An estate for years, such as leasehold or sub-leasehold.

"Condominium Conversion" means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.

"Conference Center" means a facility used for holding conventions, seminars, workshops or similar activities, including dining facilities and lounges for use by participants, as well as compatible accessory facilities such as offices and business centers.

"Continuing Violation" means a violation, infringement or breach of a provision of this chapter that is uninterrupted and lasts for a continuous period in excess of 24 hours.

"Contractor's Shop" means an establishment for specialized business activities related to building construction. This classification includes establishments for trades such as painting, carpentry, plumbing, glassworking, heating, air-conditioning, roofing, landscaping, cabinetmaking, and sign-making.

"Convenience Store" means a retail establishment selling food, beverages, and small convenience items such as personal hygiene products, cigarettes, magazines, etc. Food and beverage products sold primarily consist of packaged and canned goods, prepared foods and hot drinks for immediate consumption, fountain sodas, etc., with less than 10 percent of net retail floor area allocated for the sale of fresh fruits, fresh vegetables, fresh meat and dairy products, and other similar perishable items. Convenience stores are smaller in floor area than supermarkets/grocery stores (typically 4,000 square feet or less) and have long or late hours of operation (open before 7:00 am or after 10:00 pm).

"Court Dwellings" means a residential development in which there are several freestanding single-family or two-family dwellings with separate walls clustered on a single lot. Units are typically arranged to face around a common open space or drive aisle. If subdivided, a maintenance agreement or homeowners association may govern common areas like driveways or open space.

"Court" means an open unoccupied space, other than a yard, on the same lot with a building or buildings, and bounded on two (2) or more sides by a building, or buildings, including the open space in a dwelling

group providing access to the units thereof.

"Court Apartment" means one (1), two (2) or three (3) multiple dwellings arranged around two (2) or three (3) sides of a court which opens onto a street, or a place approved by the Commission.

"Curb Grade" means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Chapter.

"Custom and Artisan Manufacturing" means an establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include metalworking, pottery and ceramic studios, film processing, photo finishing, printmaking, lithography, glass furnace, or woodworking.

D

"Data Center" means a facility for the storage of computer systems and associated components.

"District" means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Chapter.

"Drive Through Uses" means any component or part of a building or structure which attracts or invites persons in motor vehicles to drive their vehicles upon the premises, and which is used to conduct business or used for the purpose of selling merchandise from the inside of said building to the occupants of motor vehicles.

"Dry-Cleaning Plant" means an establishment providing onsite, high-volume laundry and garment cleaning services, typically with the use of volatile solvents, including dry cleaning and garment pressing, diaper services, commercial laundries, and linen supply services. These facilities may include incidental onsite customer pick-up services.

"Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels.

Dwelling, Group. "Group dwelling" means one (1) or more dwellings, other than a tourist court, arranged around two (2) or three (3) sides of a court, which opens onto a street, or a place approved by the commission, including single-family, two-family or multiple-family dwellings and court apartments. Group dwelling include homeless shelters and transitional housing.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building or portion thereof, designed for occupancy by three (3) or more families living independently of each other.

Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one (1) family for living purposes and having only one (1) kitchen.

Dwelling, Two-Family. "Two-family dwelling" means a building designed exclusively for occupancy by two (2) families living independently of each other.

"Dwelling Unit" means a habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one (1) or more persons living as a family or single household unit with common interior access to all living, kitchen and bathroom areas. No dwelling unit may have more than one (1) kitchen.

E

"EcoPass" means a program offered by the Valley Transportation Agency (VTA) in which employers or property owners purchase annual EcoPass stickers that allow their employees, tenants or residents to ride all VTA bus and light rail vehicles at no cost.

"Electronic Smoking Device" means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.

"Elevation" means:

A scale drawing of the front, rear or side of a building or structure; or

2.

A vertical distance above or below a fixed reference level.

Emergency Cache, Community. "Community emergency cache" means a collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community.

"Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code Section 50801(e), as may be amended.

"Erosion" means the wear and removal of the material in the earth's crust from one site and the deposition at another.

"Extended Stay Hotel" means a commercial establishment providing lodging for a fee for guests, generally marketed to long-term visitors on a temporary basis, which contain furnishings and facilities for sleeping, bathing, food preparation and cooking, Kitchen facilities within individual units may include, but are not limited to, counters, refrigerators, stoves, and ovens.

F

"Family" means an individual, or two (2) or more persons related by blood or marriage or legal adoption or joined through a judicial or administrative order of placement or guardianship, or unrelated persons who function together as a single household unit.

"Family Child Care Homes" means a home in which care, protection, and supervision of fourteen (14) or fewer children is regularly provided, in the caregiver's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Such homes are licensed by the State of California and include the following:

1.

"Large family child care home" means a home in which family child care is provided to nine (9) to fourteen (14) children, including children under the age of ten (10) who reside at the home.

2.

"Small family child care home" means a home in which family day care is provided to eight (8) or fewer children, including children under the age of ten (10) who reside at the home.

"Farmers' Market" means an event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets.

"Floor Area Ratio (FAR)" is defined for nonresidential Zoning Districts as the maximum permitted ratio of gross floor area to site area and is calculated as follows:

FAR =

Total of Gross Floor Area for All Structures on Site Site Area

"Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

G

Garage, Private. "Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Garage, Public. "Public garage" means a building, other than a private garage, used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

Game Machine, Mechanical or Electronic. "Mechanical or electronic game machine" means any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, token, or any other article or device, or by paying therefore either in advance or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game or any other similar machine or device, exclusive of food, beverage and tobacco vending machine.

Grade, Finished. "Finished grade" means the final elevation of the ground surface after development, as shown on a precise Grading Plan.

"Grocery Store" means any premises wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and pre-packaged food.

"Grocery Store, Small" means any premises less than 15,000 gross square feet in area wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and pre-packaged food.

"Gross Acreage" means the total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right-of-way, including public roadways, easements or other areas, shall not be included as part of the gross acreage.

"Gross Floor Area" means the total of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for retail purposes.

"Group Living Accommodations" means a building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing. This use does not include residential care facilities, nursing homes, hotels, single room occupancy residences, or boarding houses. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit.

"Guest House Accessory Building" means a one accessory structure, used for the accommodation of guests. Said guest house shall not contain any kitchen or cooking facilities but may contain one (1) bedroom, one (1) living area and one (1) bathroom, and shall be limited in floor area to a maximum of twenty (20%) percent of the total floor area of the main residence.

H

"Habitable Space" means a room designed for living, sleeping, eating or food preparation, including but not limited to a den, study, library, home office, sewing room or recreational room and excluding such areas as garages.

"Hazardous Material" means a material identified as hazardous by California Health and Safety Code Section 25502(n).

"Head/Smoke/Tobacco Shop" means a retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, Electronic Smoking Devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when thirty percent (30%) or more of products sold at the retail establishment are

smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.

"Home Occupation" means a business enterprise conducted within a dwelling by the residents of the dwelling and which is incidental and secondary to the use the dwelling for residential purposes.

"Hospital" means an institution that maintains and operates facilities for primarily inpatient medical care, including x-ray, laboratory and surgical, for the diagnosis, care and treatment of human illness, injury and disease (physical or mental).

"Hotel" means a commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.

I

"Individual Violation" means a noncontinuous condition or occurrence in violation, infringement or breach of a provision of this chapter that does not exceed twenty-four (24) hours in duration. An Individual Violation may be recurrent. Examples of "Individual Violations" for the purposes of this Chapter include, but are not limited to, the illegal outdoor storage of materials, entertainment events, or outdoor seating in violation of a use permit.

"Instruction, group and private" means the provision of instructional services, including but not limited to photography, fine arts, crafts, dance or music studios, driving schools, diet centers, yoga, martial arts studios, after school programs or similar uses. This definition does not include instruction received through trade or vocational schools nor a post-secondary school or child care centers. Private instruction includes fewer than six (6) students or clients at any one time and group instruction includes six (6) or more students or clients at any one time.

schools, diet centers, yoga, martial arts studios, after school programs or similar uses. This definition does not include instruction received through trade or vocational schools nor a post-secondary school or child care centers. Private instruction includes fewer than six (6) students or clients at any one time and group instruction includes six (6) or more students or clients at any one time.

"Intensity" means the degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use.

"Intensification of Use" means to alter the character of a use to the extent that the use generates new or different impacts on the health, safety, or welfare of the surrounding neighborhood, including but not limited to the level or amount of traffic, noise, light, smoke, odor, vibration, outdoor storage, or other similar conditions associated with the use.

J

"Junk Yard" means the use of more than one hundred (100) square feet of the area of any lot for the storage of junk, including scrap materials and metals, or wrecked vehicles and machinery, whether or not sale of such junk is made or proposed.

K

"Kennel" means any lot or premises on which four (4) or more dogs, more than four (4) months of age, are kept.

"Kitchen (for residential uses)" means a residential kitchen shall be enclosed and interior to the dwelling unit utilized for the preparation of food and include two (2) or more of each of the following:

1.

A sink (typically larger than 14″ × 17″);

2.

A full size refrigerator (typically larger than 24″ × 64″);

3.

A 220-V electrical service outlet (typically used for major cooking appliances such as a stove, oven or cooking range).

L

"Laundromat" means a primarily self-service facility where customers wash and dry clothing and other textiles in on-site machines, and where ancillary full-service laundry services may also be offered.

"Live-Work Unit" means a dwelling unit with a separate living space attached to a work space within the same unit. The work space and the living space must be occupied by the same tenant. Live-work uses allow one non-residential employee, more customers, and a broader range of uses than permitted in Home Occupations. See XI-10-13.12 within Special Uses for Live-Work Unit purpose, intent, and regulations.

Uses permitted or conditionally permitted within the underlining zoning district apply unless otherwise prohibited in Section 10-13.12(E). Additional uses covered by this designation include, but are not limited to:

Art and craft work;

Offices, Business and Professional;

Artists and artisans;

Fashion.

"Loading Area" means an open area, other than a street or alley, used for the loading or unloading of vehicles.

"Loading Space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

"Lot" means land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and lot area as are required by this Chapter and having its principal frontage upon a street or a place approved by the Commission.

"Corner lot" means a lot, or portion thereof, not greater than seventy-five (75) feet in width and situated at the intersection of two (2) or more streets.

2.

"Flag lot" means a lot having access or an easement to a public or private street by a narrow, private rightof-way.

3.

"Interior lot" means a lot other than a corner lot.

4.

"Key lot" means a lot with a side line that abuts the rear line of any one (1) or more adjoining lots.

5.

"Reversed corner lot" means a corner lot the street line of which is substantially a continuation of the front line of the lot to its rear.

6.

"Through lot" means a lot having frontage on two (2) paralleled or approximately paralleled streets.

"Lot Dimensions."

1.

"Lot Area" means the total horizontal area within the lot lines of a lot.

2.

"Lot Depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.

3.

"Lot Lines" means the lines bounding a lot as defined herein.

a.

In the case of an irregular shaped lot or a lot with more than four (4) sides where there is question as to which are the front, side, and rear property lines in order to determine setbacks and required yards, there shall be at a minimum of one (1) front property line and one (1) rear property line. The rear property line shall be the lot line directly parallel to the front property line and of a width of at least thirty (30) feet in length. If no such lot line exists, the Director of Planning shall make the final determination as to the rear property line of such lot.

4.

"Lot Width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

M

"Manufacturing" means the preparation, making, treatment, or processing of articles as merchandise.

"Massage Establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing offpremises massage services.

"Massage Establishment, Accessory" means an establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location.

"Medical and Dental Offices" means a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure.

"Medical and Dental Clinics" means the same as Medical and Dental Offices, except they also include minor operating rooms and out-patient surgery with no overnight stay.

"Medical Support Laboratory" means a facility for scientific laboratory analysis of medical resources. The analysis is generally performed for an outside customer, to support the work of that customer.

"Micromobility Device" means a small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters.

"Mixed Use Development" means a development that consists of vertical or horizontal combination of residential and commercial uses within a single building or site.

"Mobile Fueling" means a commercial service that offers on-demand fueling of motor vehicles at a specified location instead of at a service station. Mobile fueling may be provided to individual customers via the use of a mobile app, with fuel delivered to a home, office, or other location requested by the customer. Mobile fueling may also be provided for operators of fleet vehicles at a fixed, semi-permanent or permanent location.

"Mobile Home" means a transportable structure designed to be used as a dwelling unit when connected to required utilities.

"Mobile Home Accessory Building or Structure" means any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobile home.

"Mobile Home Lot" means a portion of mobile home park designated or used for the occupancy of one mobile home.

"Mobile Home Park" means any areas or tract of land where mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

"Mobile Home Stand" means the area on which the mobile home is placed when it is stationed on the lot, including the land lying under the mobile home.

"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles or bins, boxes or containers transported by a truck, van or trailer, and used for the collection of recyclable materials.

"Motel" means a building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.

N

"Natural Land Slope" means the average slope of the lot in percent, determined by observation on simple slopes, or more precisely by the formula:

S = 100 I L A

Where:

I is the contour interval in feet;

L is the combined length of the contour lines in scale feet; and

A is the net area of the lot in square feet.

"Nonconforming Building" means a building or structure or portion thereof lawfully existing at the time this Chapter became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the district in which it is located. A nonconforming building shall also mean any building or structure built in compliance with all city land use and zoning laws in existence at the time and which does not comply with current development standards, including but not limited to height, setbacks, floor area ratio, maximum lot coverage, maximum size of residence, front yard paving and impervious surface coverage.

"Nonconforming Use" means a use which lawfully occupied a building or land at the time this Chapter became effective and which does not conform to the use regulations of the district in which it is located.

O

"Occupation" means a principal business, profession or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood.

"Offices, Business and Professional" means offices of firms or organizations providing professional, management, or administrative services, including but not limited to accounting, architectural, business and management consulting, computer and technology, engineering, insurance, interior design, graphic design, real estate, title companies, and legal services. This classification includes co-working spaces designed to accommodate different organizations that provide such services. Does not include medical and dental offices or financial institutions such as retail and commercial banks.

"Open-Air Business" means drive-in business where persons are served in automobiles.

"Outdoor Music" means live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), but not including karaoke, that takes place on a patio or other outdoor space. Outdoor music as defined and regulated in this Chapter shall also include recorded background music played outdoors at a public establishment such as a restaurant, bar, retail store, or other business.

"Owner/Occupant" means any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property.

"Parcel" shall mean a legal lot of record.

"Parcel Hub" means a "last mile" warehouse or similar establishment for the processing and/or redistribution of parcels or products to end-user customers. A Parcel hub's primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a ten-mile radius.

Parking Area, Private. "Private parking area" means an open area, other than a street or alley, used for the parking of the automobiles of occupants of a building.

Parking Area, Public. "Public parking area" means an open area, other than a private parking area, street or alley, used for the parking of automobiles and available for public or quasi-public use.

Parking Space, Automobile. "Automobile parking space" means a space within a building or a private or public parking area for the parking of one (1) automobile.

"Parking Structure" means a structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.

"Patio Cover" means a one-story structure, not exceeding twelve (12) feet in height and open on one (1) or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms or habitable rooms.

"Person" means a natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

"Personal Services" means a commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to:

1.

Beauty salons and barber shops;

2.

Nail salons;

3.

Tanning salons;

4.

Hair removal salons;

5.

Tattoo studios;

6.

Body piercing studios.

"Place" means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

"Places of Assembly" means an institution or facility that offers or hosts activities for assembled groups of participants, including but not limited to private and nonprofit clubs; social or fraternal organizations; and churches, temples, synagogues, and other places of worship. This use is distinct from and unrelated to the industrial use "Assembly from pre-processed materials."

"Private Recreational Areas" means any usable open space or recreational facility available for use by all of the site's residents.

"Property" means all real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways and any building and structure located on such property.

"Public Right-of-Way" as defined in Section V-500-1.13 of the Milpitas Municipal Code, shall mean the full width of the right-of-way of any street or bicycle pathway, as defined in the California Vehicle Code used by the general public, whether or not such street or path has been accepted as and declared to be part of the City system of streets and paths, including streets forming a part of the State Highway System. "Public right-of-way" also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas.

"Public Safety Use" means facilities for public safety or emergency services, including police and fire protection.

"Public Service Use" means facilities owned and operated by governmental agencies that provide services to the general public, including but not limited to federal, state and municipal administration buildings, courthouses, and post offices.

"Public Use" means a use intended to serve the whole city and/or region and operated by a public institution or entity. Such uses have the purpose primarily of serving the general public and include public schools, recreational facilities, government housing, government clinics, and the like.

"Public Utilities" means facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. Also includes service facilities, electric transmission and distribution substations and public utility service centers.

Q

"Quasi-Public Use" means a use intended to serve the whole city and/or region and are operated by a private, nonprofit, educational, religious, recreational, or charitable, and having the purpose primarily of serving the general public. Such uses include religious facilities, private schools, community theaters, community and club organizations, private hospitals, places of assembly and the like.

R

"Recreation or Entertainment Facility" means a commercial establishment (indoors or outdoors) where patrons can actively participate in entertainment or recreation activities either independently or in conjunction with other uses.

"Recyclable Material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.

"Recyclable Processing Facility" means a building or space used for the collection and processing of recyclable materials. Processing means the preparation of material for shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, sorting, shredding, cleaning and remanufacturing.

"Repair and Cleaning, Small Items" means a commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, such as laundromats (self-service laundries), dry cleaning pick-up stores (where cleaning is done off-site), tailors, shoe repair shops, jewelry and watch repair shops, and locksmiths. Excludes dry-cleaning plants, business equipment and computer repair, heavy equipment and machinery repair, repair and servicing of large and bulky household items such as appliances and furniture, or vehicle repair.

"Research and Development (R and D) Uses" means industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products. Research and development uses may include limited manufacturing as necessary for the

production of prototypes, but exclude the full-scale manufacturing of final products. Research and development uses may also include storage space for raw materials and/or finished goods that actively supports the primary use.

"Residential Care Facility" means a facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living for more than six individuals.Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions.

"Restaurant" means an establishment in which the principal use is the preparation and sale of food and non-alcoholic beverages. If approved, the service of alcoholic beverages is incidental to the principal use.

1.

"Drive-in" means a restaurant that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

2.

"Drive-thru" means a restaurant which includes one (1) or more drive-through lanes for the ordering and receipt of foods and/or beverages by patrons remaining in their vehicles.

3.

"Fast-food" means a restaurant that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared. Orders are generally not taken at the customer's table, and food is generally served for consumption either on or off the premises. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.

4.

"Take-out" means a restaurant where foods and/or beverages are sold directly to the customer in a readyto-consume state for consumption off site with no seats onsite. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.

"Retail, Limited" means an establishment which offers the sale of a limited line of merchandise that is generally necessary or desirable for everyday living or everyday business activities. Examples include small grocery stores offering primarily prepared or pre-packaged food and beverage items, small drugstores and variety stores, small stationery, office supply stores, shops selling other small household goods, and walkout retail stores. This classification excludes convenience stores.

"Retail Stores, General Merchandise" means retail trade establishments selling lines of merchandise. This classification excludes convenience stores. Examples of general retail stores and lines of merchandise

include but are not limited to:

1.

Art supply;

2.

Antiques;

Bakeries (retail only);

Bicycles; 5.

Books; 6.

Candy stores; 7.

Clothing and accessories; 8.

Collectables;

Fabrics and sewing supplies; 10.

Floral;

Gifts (novelties and souvenirs);

Hobby materials;

Jewelry;

Luggage and leather goods;

Music stores;

Office supplies and stationery;

Sporting goods and equipment;

Toys and games;

Tuxedo and formalwear rental;

Variety stores;

Video rentals and sales.

"Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic containers, and issues a cash refund or a redeemable credit slip. A reverse vending machine sorts, and processes containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reserve vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

"Satellite Dish Antenna or Satellite Antenna" means any device incorporating a reflective surface that is solid, open mesh or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals. This definition includes antennas that are sometimes called "SES," "TVRO," "TVBS," and "DBS."

"School: Elementary, Middle, or High" means an institution which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.

"School, trade and vocational" means an establishment where training is received to learn a particular trade or craft that involves skilled labor. Trades and crafts include but are not limited to the various construction trades, auto mechanics, machining, HVAC installation/repair/maintenance and similar trades and crafts.

"Service Station" means any premises used for supplying gasoline and oil at retail, direct to the customer, including minor accessories and services for automobiles, but not including automobile repairs.

Setback. See "Yard."

"Self-Storage or Mini-Storage" means the storage, generally of furniture and/or other household items, in small individual units (typically 400 square feet or less) that are available for rental by the general public.

"Short-Term Rental Unit" or "Short-Term Rental" or "STR" means the use of a dwelling unit, including, without limitation, a single-family, two-family, or multiple-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.

Signs. For purposes of Section XI-10-24, Sign Regulations, of this Chapter, the following definitions shall apply:

1.

"Abandoned Signs" means any sign used for advertising or other purposes where the business it advertised or the use or event it supported has ceased operation for or occurred more than ninety (90) days prior to the sign's posting.

2.

"Abate" means to repair, replace, remove, destroy, or otherwise remedy the condition in violation of this Chapter.

3.

"A-Frame Sign" means and includes a sign that is portable, is capable of standing without support or attachment, and folds open in the form of an "A" or "sandwich-board".

4.

"Ancillary services sign" means a sign displaying ancillary services such as smog services, lotto, or that represent trade affiliations, such as credit card services, or other similar services and not for the purpose of displaying products being sold.

5.

"Approved Plastics" means those materials specified in the U.B.C. Standard No. 52-1 which have a flame spread rating of 225 or less and a smoke density not greater than that obtained from the burning of

untreated wood under similar conditions when tested in accordance with U.B.C. Standard No. 42-1 in the way intended for use. The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions.

6.

"Architectural Sign" means and includes a sign used for advertising purposes which constitutes an integral part of a roof or marquee and is designed with an intent and purpose to relate to the architectural style of the main building.

7.

"Area Identification Sign" means and includes a permanent sign which serves to identify an area.

8.

"Awning sign" means any sign or graphic attached to, painted on or applied to an awning or canopy.

9.

"Balloon Sign" means and includes any large [over three (3) cubic feet in size] inflatable hot/cold air or helium balloon that is used as an advertising device for any business or promotional event.

10.

"Banner Sign" means and includes a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame.

11.

"Blade Sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning, or arcade with the exposed face of the sign in a plane that is perpendicular to the plane of the building wall.

12.

"Building Perimeter" means the total exterior wall length for any and all buildings intended for human occupancy, as measured at the ground elevation. No second story or subsequent upper story areas shall be considered as a part of this calculation.

13.

Canopy Sign. See awning sign.

14.

"City Identification Sign" means and includes a sign placed at the point of entry to the City of Milpitas for the purpose of informing a person that they are entering the City of Milpitas.

15.

"Construction Sign" means and includes a sign placed on the property where site work, building construction and/or a tenant improvement within an existing building is in progress. The sign may denote that a business will be opening soon, the opening date, names of the architect, engineer, contractor, future business and lending agency.

16.

"Directional Sign" means a sign which guides and directs motorists to a specified destination in the most direct manner possible.

17.

"Display Surface" means the area made available by the sign structure of building surface for the purpose of displaying the advertising message.

18.

"Electric Sign" means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

"Erect" means to build, construct, attach, hang, place, suspend or affix.

"Exposed raceway" means an enclosure or conduit that is used to conceal wiring for a lighted sign and is visible from any elevation, typically located between the sign and the building to which the sign is attached.

21.

"Flag" means a visual device with no commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a pole or post and may be raised or lowered.

22.

"Flag sign" means a visual display device with commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a post, or pole and may be raised and lowered.

23.

"Freestanding Sign" means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, or partially supported and attached to any building, other structure, or foundation on the ground.

24.

"Garage Sale Sign" means a sign used primarily for the purpose of advertising a "garage sale" and/or "yard sale" at a residence.

"Grand Opening Sign" means and includes banners, pennants, flags, balloons, and similar advertising devices when used only for bona fide grand-opening functions, new ownership, name change, or the reopening of a business that has completely closed for remodeling for at least two weeks.

26.

Graphic Panel, Freestanding. Freestanding graphic panel means a freestanding sign located within five feet of the main building wall, which relates to the architecture of the building and depends primarily on a graphic image for delivering its advertising message. Graphic panels do not count as freestanding signs. The display area on graphic panels counts towards overall sign area.

27.

"Impact Resistive Plastic" means any plastic material capable of resisting fifty (50) foot pounds of force as tested in accordance with ANSI/UL 972 Multiple Impact Test or any similar test procedure.

28.

"Information Sign" means and includes signs providing courtesy information, or direction to the public without advertising the business products, or services such as hours, entrance, exit, self-serve, credit cards, restrooms, telephone drive-up, or which serves to direct motorist and pedestrians on private property.

29.

"Joint Use Sign" means and includes a freestanding sign for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are encouraged.

30.

"Logo" means a trademark, or symbol of an organization which is registered with the federal or State government and consistently used in conducting the business activities of said organization.

31.

"Marquee" means a permanent roofed structure, attached to, and support by the building and projecting beyond the main building.

32.

"Multi-use Structures" means any commercial, industrial, quasi-public, or agricultural farm products sales use, containing five or more stores, or businesses on a single parcel of land.

33.

"Mural" means a display, or illustration painted on a building, or wall within a public view not intended to advertise a product, service, or business, and therefore is not considered a sign.

34.

"Mural sign" means a display, or illustration painted on a building, or wall intended to advertise a product, service, or business.

35.

"Noncombustible Material" means any material which will not ignite at, or below a temperature of one thousand two hundred (1,200) degrees during an exposure of five (5) minutes, and which will not continue to burn or glow at that temperature. Tests shall be made as specified in U.B.C. Standard No. 4-1.

36.

"Nonstructural Trim" means the molding, battens, capping, nailing strips, latticing, cutout, or letters and walkways which are attached to the sign structure.

37.

"Off-site Advertising Display" means any sign that advertises, or informs about a business organization, event, goods, products, services, or uses not available on the property upon which the sign is located.

The term "Off-site Advertising Sign" does not include Joint Use Sign, Temporary Tract Advertising Signs for subdivisions under construction in the City, Open House Directional Signs, Garage Sale Signs, Off-site Public Information Signs, off-site directional signs for purposes of identifying regional shopping centers, and Temporary Tract Advertising Signs.

38.

"Off-site Directional Sign" means any sign that provides direction to retail, community, and cultural events not available on the property upon which the sign is located.

The term "Off-site Directional Sign" does not include Garage Sale Signs, Joint Use Signs, Official City or City-sponsored signs, Off-site Directional Signs identifying regional shopping centers, Off-site Public Information Signs, Open House Directional Signs, and Temporary Tract Advertising Signs.

39.

"Off-site Public Information Sign" means a sign that is placed proximate to a major city entry on privately owned property that is used to provide non-advertising information and/or identification symbols or plaques to the public for civic organizations, service clubs or other quasi-public uses and is erected within the public right-of-way.

40.

"Open House Directional Sign" means a sign, no larger than six (6) square feet in sign area per side, used primarily for the purpose of directing traffic to a house being offered for sale or lease.

41.

"Other Advertising Structure" means any device erected or used for the same purpose as a sign, whether erected, or used:

a.

Exclusively for advertising purposes, upon which any poster bill, printing, painting device, or other advertisement or identification of any kind whatsoever may be placed, posted, painted, fastened, or affixed.

b.

Exclusively for advertising purposes and including any spectacle, display or advertising statuary.

42.

"Permanent Sign" means every sign except temporary sign as defined herein.

43.

"Political Sign" means a sign which is designated to influence the action of the voters, and election, or defeat of a candidate for the nomination, or election to any public office, or a measure appearing on the ballot at any national, state, district, or local election.

44.

"Portable" means an object that is capable of being borne or carried, easily transported, or conveyed without difficulty.

45.

"Portable Sign" means and includes a sign that is portable and capable of being borne, or carried, easily transported, or conveyed without difficulty, is capable of standing without support or attachment, is unattached to any structure, and is used for advertising purposes.

46.

"Projection" means the distance by which a sign extends over public property or beyond the building line.

47.

"Projecting Sign" means a sign other than a wall sign which projects from, and is supported by a wall of a building or structure.

48.

"Public Information Sign" means a sign erected for the sole purpose of displaying advertising for community activities and/or identification symbols or plaques for civic organizations or service clubs.

49.

"Public Street Frontage" means a publicly owned street immediately adjacent to the parcel, for purposes of sign area and height calculations. Public streets for which the parcel does not have access rights are not

included for purposes of any sign calculations.

50.

Raceway. See "exposed raceway."

51.

"Regional Shopping Center" means any commercial development on one (1) or more parcels of land which are contiguous, or across from a right-of-way which contains a gross land area of at least thirty (30) acres or a gross building area of at least 200,000 square feet. Current regional shopping centers are McCarthy Ranch Marketplace, the Town Center shopping center, and the Great Mall and its out-parcels zoned General Commercial.

52.

"Roof Sign" means a sign erected upon or above a roof or a part of a parapet of a building or structure.

53.

"Scoreboard Sign" means a sign located on scoreboard structures located in an adult or youth outdoor playing field on public property and shall be for products or businesses available to persons of all ages.

54.

"Shopping Center" means any commercial development containing five (5) or more stores or businesses on one (1) or more parcels of land operating as an integrated use and having a gross parcel area of five (5) or more acres.

55.

"Shopping Center Identification Sign" means a sign located on the site of a shopping center or regional shopping center that states the name of the shopping center or regional shopping center.

56.

"Sign" means every announcement, declaration, demonstration, display, illustration insignia, surface, or space when erected or maintained out of doors in view of the general public for identification, advertisement or promotion of the interests of any person.

57.

"Sign Area" means the area of a sign to be calculated that includes all lettering, wording, and accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which is affixed or upon which it is painted. In the case of a freestanding sign, the supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in a manner as to form an integral background of the sign.

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters. Provided however, that where such individual type letters or symbols are separated more than thirty-six (36) inches from each other, those letters or symbols shall be calculated separately.

If the sign has more than one (1) advertising surface, the sum of all the areas of all such surfaces shall be the area of the advertising surface of such sign except that, if two (2) surfaces on the same face in opposite directions (i.e., the relative angles between the directions they face is one hundred eighty (180) degrees) and the distance between such two (2) surfaces is not more than twenty-four (24) inches, then the area of only one of the two surfaces (the largest if they are not equal) shall be included in the computation.

58.

"Sign Program" means a specific set of design standards established for the purpose of unifying a variety of signs associated with a multitenant or multiuse project, building or complex of buildings.

59.

"Sign Surface" means the surface of the sign upon, against or through which the message is displayed or illustrated.

60.

"Snipe sign" means temporary or portable signs advertising events that are fastened to fences, trees, utility poles, or other structures or fixtures and also including signs on sticks stuck in the ground and usually found off-site. These do not include real estate, political or open house signs.

61.

"Statuary Sign" means statuary used for advertising purposes or representing the logo of a business.

62.

"Temporary Sign" means any sign, banner, flag, valance, pennant, streamer, whirligig or advertising display, constructed of cloth, canvas, fabric, cardboard, plywood or other light material with or without a frame, whether attached or portable, and designed or intended to be displayed for a short period of time.

63.

"Temporary Promotional Sign" means any temporary Balloon Signs, banners, and similar advertising devices when used only for special promotional events.

64.

"Temporary Tract Advertising Sign" means a uniformly designed sign which advertises a residential development.

"Vehicle-Mounted Sign" means a sign, used for the purpose of advertising, larger than three (3) feet by three (3) feet mounted on, attached to or capable of being borne or carried, easily transported or conveyed without difficulty by a vehicle, where that vehicle is parked on public or private property. This definition does not include signs on delivery vehicles in the act of making a delivery or signs on vehicles parked on residential driveways or public streets.

66.

"Wall Sign" means any sign painted on, attached to or erected against the wall of a building or structure.

67.

"Window Sign" means any sign painted, attached, glued or otherwise affixed to the interior or exterior surfaces of a window or suspended or located within three (3) feet of the window for the primary purpose of being visible from the exterior of the building.

"Single Household Unit" means the functional equivalent of a traditional family, whose members are a nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas which are not compartmentalized, such locked cabinets or doors. A single housekeeping unit shall be limited to one (1) kitchen and shall have permanent internal access to all rooms within the dwelling unit, except as provided for Accessory Dwelling Units.

"Single Room Occupancy (SRO) Residence" means a multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small (generally less than 350 square feet), and provide a valuable source of affordable housing for individuals and can serve as an entry point into the housing market for formerly homeless people.

Slope. Same as "Natural Land Slope."

"Specific plan" means a detailed plan for the development of a specific area. Specific plans are a significant tool to implement the General Plan. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the City as a whole.

Stable, Private. "Private stable" means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stable, Public. "Public stable" means a stable other than a private stable.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

Story, Half. "Half story" means a story under a gable, hip or gambrel roof, the wall plates on which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story.

"Street" means a permanently reserved thoroughfare which affords principal means of access to abutting property.

"Structure" means anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground.

"Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Section 11302 of Title 42 of the United States Code, as may be amended, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as defined in the California Health and Safety Code Section 50801(e), as may be amended.

T

"Thrift Store" means any profit or nonprofit business, organization, group or otherwise that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose goods and merchandise are donated or primarily donated. A specialty retail store that sells used goods or merchandise not donated for sale, including but not limited to used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this Chapter.

"Townhouses" means dwelling units that are attached at their sides in groups of three or more and are sited on individual lots with vehicular access from driveways. Private rear yards or patios and common open space may be part of a townhouse development.

Trailer, Automobile. "Automobile trailer" means a vehicle without motive power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach or house trailer.

"Transitional Housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in the California Health and Safety Code Section 50801(e), as may be amended.

"Tri-laminate Asphalt Composition" means an asphalt composition roof material that is comprised of three layers of tile adhered together to create one shingle and when installed overlap with another row of threelayered tile for a total minimum thickness of ⅞ inches.

"Tutoring Centers" means facilities offering academic instruction to individuals or groups in a classroom setting.

"Two-unit Project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot.

U

"Unreasonable Period of Time" means not less than thirty (30) calendar days following notification by the City to the owner/occupant pursuant to this Chapter that the property is in violation of this Chapter. The

City Manager, upon a finding that the violation in question constitutes a threat to the health and safety of any person may designate a time period of thirty (30) calendar days or less upon notice to the owner/occupant to abate the nuisance. Prior notice shall not be required for summary abatement pursuant to this Chapter.

"Urban Lot Split" means the subdivision of an existing, legally subdivided lot into two lots.

"Usable Open Space" means any open space, the smallest dimension of which is at least six (6) feet and which is not used as storage or for movement of motor vehicles. Yards abutting a public street, which are not adequately screened for privacy, in the opinion of the Planning Commission, shall not qualify as usable open space.

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

V

"Video Sales and Rental Store" means any place of business which includes the sale or rental of prerecorded video tapes, laser discs, compact discs, or any other medium which projects pictures on a screen.

W

"Warehousing and Distribution" means a facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on-site sorting, packing, staging, shipping, receiving, and distributing of goods to wholesale and retail outlets, including ancillary truck parking and dispatching. Also includes long-term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials. Warehousing and distribution facilities may include, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross-dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use such as General Manufacturing, Advanced Manufacturing, or Research and Development. Excludes Parcel Hubs.

"Wholesale Sales" means the selling and/or distributing of merchandise to retailers; industrial, commercial, or institutional buyers; or other wholesalers; or acting as agents or brokers in the buying and selling of merchandise to or for such entities.

Wireless Communications Facilities Definitions. For the purposes of wireless communications facilities, the following definitions shall apply:

1.

"Commercial Wireless Communication Facility" means a wireless communication facility operated by a forprofit business or for-profit purposes. See by contrast, "Noncommercial wireless communication facility."

"Noncommercial Wireless Communication Facility" means a wireless communication facility operated by a government agency, a nonprofit organization, a for-profit business for nonprofit purposes or a private citizen for personal use. It includes all amateur radio facilities. See by contrast, "Commercial wireless communication facility."

3.

"Stealth Wireless Communications Facility" means any antenna designed to be architecturally integrated into a building that is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not include flag poles, monopoles or other structures designed to house antenna and resemble natural features.

4.

"Wireless Communication Facility" means the equipment and associated structures needed to transmit and/or receive electromagnetic signals. A wireless communication facility typically includes antennas, supporting structures (including, but not limited to, monopoles, utility structures, buildings and accessory structures), enclosures and/or cabinets housing associated equipment, cable, access roads and other accessory development.

Y

"Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed, except by eaves, from the ground upward, except as otherwise provided in this Chapter. Where applicable, yards shall be measured perpendicularly from the property line to the face of the nearest exterior wall of any main building, except as otherwise provided in this Chapter (See Subsection XI-10-55.04-11). Setback shall be synonymous with yard.

Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest exterior wall of the main building.

Yard, Side. "Side yard" means a yard between the main building and the side lot line extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest exterior wall of the main building.

Z

Zone. See "district."

(Ord. No. 38.855, § 4, 6/18/24; Ord. No. 38.848, § 4, 11/15/22; Ord. No. 38.846, § 4, 10/19/22; Ord. No. 38.847, § 5, 8/16/22; Ord. No. 38.844, § 4, 12/14/21; Ord. No. 38.841, § 4, 5/4/21; Ord. No. 38.835, § 4, 3/3/20; Ord. No. 38.839, §§ 4, 5, 12/3/19; Ord. No. 38.837, § 4, 11/5/19; Ord. No. 38.836, § 4, 9/3/19; Ord. No. 38.833, § 4, 5/7/19; Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.816, § 3, 9/2/14; Ord. No. 38.813, § 2,

4/1/14; Ord. No. 38.810, § 3, 12/3/13; Ord. No. 38.808, § 2, 5/21/13; Ord. No. 38.803, §§ 2—5, 4/17/12; Ord. No. 38.793, § 2, 5/17/11; Ord. No. 38.788, §§ 4—6, 9/7/10; Ord. No. 38.795, §§ 3—15, 4/6/10; Ord. No. 38.792, § 2, 8/4/09; Ord. No. 38.789, §§ 2—7, 4/21/09; Ord. No. 38.785, § 2, 4/7/09; Ord. 38.780 (2) (part), 8/19/08)

Section 3 - Zoning Districts

XI-10-3.01 - Districts

In order to carry out the purpose and provisions of this Chapter, the City is hereby divided into districts known as:

Full Name	Short Name
"R1" Single-Family District	"R1" District
"R2" One and Two-Family District	"R2" District
"R3" Multiple-Family District	"R3" District
"R3-Metro" Metro Multi-Family High Density Residential District	"R3-Metro" District
"R4" Multiple Family Very High Density District	"R4" District
"R4-Metro" Metro Multi-Family Very High Density Residential District	"R4-Metro" District
"R5" Urban Residential District	"R5" District
"R5-Metro" Metro Urban Residential District	"R5-Metro" District
"AR" Agricultural Residence District	"AR" District
"CO" Administrative and Professional Ofce District	"CO" District
"C1" Neighborhood Commercial District	"C1" District
"C2" General Commercial District	"C2" District
"HS" Highway Service District	"HS" District
"TC" Town Center District	"TC" District
"MXD" Mixed Use District	"MXD" District
"MXD2" High Density Mixed Use District	"MXD2" District
"MXD2-Metro" Metro High Density Mixed Use District	"MXD2-Metro" District
"MXD3" Very High Density Mixed Use District	"MXD3" District
"MXD3-Metro" Metro Very High Density Mixed Use District	"MXD3-Metro" District
"M1" Light Industrial District	"M1" District
"M2" Heavy Industrial District	"M2" District
"MP" Industrial Park District	"MP" District
"BPRD" Business Park Research and Development District	"BPRD" District
"BPRD-Metro" Metro Business Park Research and Development District	"BPRD-Metro" District
"BPRD-R-Metro" Metro Business Park Research and Development, Limited Residential District	"BPRD-R-Metro" District
"A" Agricultural District	"A" District
---	---
"I" Institutional District	"I" District
"POS" Park and Open Space District	"POS" District
"PD" Planned Development District	"PD" District

(Ord. No. 38.855, § 5, 6/18/24; Ord. 38.814, § 3, 4/15/14; Ord. 38.777 (4), 6/17/08: Ord. 38.759 (part), 4/2/02; Ord. 38.733 (part), 1/6/98; Ord. 38 (part), 3/15/55)

XI-10-3.02 - Combining Regulations

In addition to the foregoing district certain combining regulations are established as set forth in this Chapter, said combining regulations being as follows:

Full Name	Short Name
"HR" High Rise Overlay District	"HR" District
"H" Hillside Combining District	"H" District
"MHP" Mobile Home Park Overlay District	"MHP" District
"OO" Gateway Ofce Overlay District	"OO" District
"RE" Recreation & Entertainment Overlay District	"RE" District
"S" Site and Architectural Overlay District	"S" District
"TOD" Transit Oriented Development Overlay District	"TOD" District
"FC" Freeway Corridor Overlay District	"FC" District

(Ord. No. 38.855, § 5, 6/18/24; Ord. No. 38.795, § 16, 4/6/10; Ord. 38.782(1), 12/16/08; Ord. 38.776(3), 3/18/08; Ord. 38.761 (part), 5/20/03; Ord. 38.759 (part), 4/2/02; Ord. 38.663(B) (part), 8/20/91; Ord. 38 (part), 3/15/55)

XI-10-3.03 - Zoning Map

The districts aforesaid and the boundaries of such districts are shown upon the map attached hereto and made a part of this Chapter, being designated as the "Zoning Map of the City of Milpitas," together with "Sectional District Map of the City of Milpitas" supplementary thereto, consisting of an "Index Map" to sectional district maps numbered consecutively, and said map and all notations, references and other information shown thereon shall be as much a part of this Chapter as if the matters and information set forth by said map were all fully described herein.

(Ord. No. 38.855, § 5, 6/18/24; Ord. 38.777 (5), 6/17/08: Ord. 38 (part), 3/15/55)

XI-10-3.04 - Letter Designation Includes All Aspects of the Zone

Whenever the terms "R" District, "C" District or "M" District are used herein, they shall be deemed to refer to all districts containing the same letter in their names; for example, the term "C" District shall include the "C1" and "C2" District.

(Ord. No. 38.855, § 5, 6/18/24; Ord. 38 (part), 3/15/55)

XI-10-3.05 - Most Restrictive and Least Restrictive Zones

The "R1" District is the most restrictive and the "M2" District is the least restricted.

(Ord. No. 38.855, § 5, 6/18/24; Ord. 38 (part), 3/15/55)

XI-10-3.06 - Reference to General Provisions and Exceptions

For "General Provisions" and "Exceptions" pertaining to the following district regulations, see Sections 54 and 55 inclusive.

(Ord. No. 38.855, § 5, 6/18/24; Ord. 38 (part), 3/15/55)

Section 4 - Residential Zones and Standards[[3]]

Footnotes:

--- ( 3 ) ---

Prior ordinance history—Ords. 38, 38.19, 38.22, 38.207, 38.339, 38.373.1, 38.384, 38.526, 38.541, 38.561, 38.605, 38.646, 38.687, 38.702, 38.746, 38.758, 38.761, 38.763 and 38.776.

XI-10-4.01 - Purpose and Intent

A.

Single-Family Residential (R1) Zone. The purpose and intent of this zone is to stabilize and protect the residential characteristics of the District and to promote and encourage a suitable environment for family life. The R1 District is intended for the suburban family home and the services appurtenant thereto.

B.

One and Two-Family Residential (R2) Zone. The purpose and intent of this zone is to stabilize and protect the residential characteristics of the District and to promote and encourage a suitable environment for family life. The R2 District is intended for suburban family homes and the community services appurtenant thereto.

C.

Multi-Family High Density Residential (R3) Zone. The purpose and intent of this zone is to stabilize and protect the residential characteristics of the District and to promote, insofar as compatible with the intensity of land use, a suitable environment for family life.

Multi-Family Very High Density Residential (R4) Zone. The purpose and intent of this zone is to stabilize and protect the residential characteristics of the District and to promote a suitable residential environment. The "R4" District is intended to provide for higher-density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks.

E.

Urban Residential (R5) Zone. The purpose and intent of this zone is to provide for high-density residential development structured around transit stations.

(Ord. 38.777 (6) (part), 6/17/08)

XI-10-4.02 - Residential Use Regulations

A.

Permitted and Conditionally Permitted Uses.

1.

Primary Uses. The uses identified in Table XI-10-4.02-1, Residential Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted entirely within enclosed structures. The primary uses identified in Table XI-10-4.02-1 shall be permitted or conditionally permitted, as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
P/C	Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI- 10-57.04, Conditional Use Permits, of this chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section XI-10-57.04, Conditional Use Permits, of this chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

2.

Accessory Uses. The following are the accessory uses permitted in all residential zoning districts:

a.

Boarding houses of not more than two (2) persons.

Home occupations and professional offices in home, as provided in Section XI-10-13.05, Home Occupation, of this chapter.

c.

A State authorized, certified or licensed family care home, foster home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons or dependent or neglected children provided such care home furnishes care on a 24-hour a day basis.

d.

Other accessory uses, accessory buildings and structures customarily appurtenant to a permitted use, as provided for in Sections XI-10-13.05, Home Occupation and XI-10-54.08, Accessory Buildings and Structures, of this chapter.

e.

Small family child care home.

f.

Large family child care home, as provided for in Subsections XI-10-53.23-6 through XI-10-53.23-8, Parking Schedule, and Section XI-10-13.06, Large Family Child Care and Child Care Centers, of this chapter.

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table XI-10-4.02-1.

2.

Adult Businesses as defined in Section XI-10-13.04, Adult Businesses, of this chapter.

3.

Uses that have been excluded from Table XI-10-4.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with subsection C below.

C.

Other Uses. Any other uses, may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Section XI-10-54.02, Other Uses Permitted by Commission, of this chapter.

Table XI-10-4.02-1 Residential Zone Uses

Use


1. Commercial
Personal services1,2	NP	NP	C	C	C
Retail1	NP	NP	C	C	C
2. Professional Ofces and related uses
Ofces, business and professional1	NP	NP	C	C	C
3. Public/Quasi-Public and Institutional Uses
Child care center	C	C	C	C	P
Nursing home3	NP	C	C	C	C
Park, playground or community center (non-proft)	C	C	C	C	C
Parking lots	C	C	C	C	C
School (not trade or vocational)	C	C	C	C	C
Places of Assembly	C	C	C	C	C
4. Residential Uses
Condominiums and condo conversions	NP	SFR: C Duplex: C	C	C	C
Duplex (Two dwellings)	NP	P	NP	NP	NP
Group dwelling	NP	NP	NP	C	C
Guest house	C	NP	NP	NP	NP
Manufactured home4	P	P	NP	NP	NP
Multi-family dwellings (Three or more units)	NP	NP	P	P	P
Planned unit development5	P	P	P	P	P
Accessory dwelling unit6	P	SFR: P Duplex: P	P	P	P
Single-family dwelling	P	P	NP	NP	NP
Single-room occupancy residences7	NP	NP	C	C	C
Transitional and supportive housing	P8	P8	P9	P9	P9
5. Restaurants or Food Service
Restaurants1,2	NP	NP	C	P/C	P/C
Catering establishment10	NP	NP	NP	NP	NP
Mobile Food Vending (individual vehicle)11	P12,13,14	P12,13,14	P12,13,14	P12,13,14	P12,13,14
Mobile Food Park	NP	NP	NP	NP	NP
Commissary10	NP	NP	NP	NP	NP
6. Unclassifed Uses
Agriculture15	P	P	P	NP	NP
Boarding house (three or more persons)	NP	C	C	C	C
Golf course16	C	C	C	NP	NP
Live work units17	NP	NP	C	C	C
Model home complex18	P	P	P	P	P
---	---	---	---	---	---
Short-Term Rentals19	P	P	P	P	P

1 Refer to Subsection XI-10-4.03(A) and (B), Residential Zone Special Uses, of this Chapter, for standards.

2 When located on the ground floor, retail sales of products related to the personal services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.

3 Licensed nursing home serving more than six persons, except when used primarily for contagious sickness, mental or drug alcohol addict cases.

4 Refer to Subsection XI-10-13.07, Manufactured Homes, of this Chapter, for standards.

5 Refer to Subsection XI-10-54.07, Planned Unit Developments, of this Title, for standards.

6 In conjunction with existing or proposed legal single-family, duplex, or multi-family dwellings. Refer to Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter, for standards.

7 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter.

8 Permitted only in single family dwellings.

9 Permitted only in multi-family dwellings.

10 May be permitted with approval of a conditional use permit for kitchens associated with a civic or community organization, such as a church or social club.

11 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

12 Mobile food vending in the R1, R2, and R3 zones may be permitted in the public right-of-way as part of an approved special event. See Subsection XI-10-13.18(C)(3)(a)(i). Mobile food vending in the R4 and R5 zones is permitted in the public right-of-way upon issuance of all required City and County permits (see Subsection XI-10-13.18(H).

13 In all residential zones, mobile food vending on private property may be permitted on a parcel having a current certificate of use and occupancy as a museum, hospital, school, or place of religious assembly and worship, provided that the mobile food vending use shall not operate more frequently than once per week and for no longer than three consecutive days.

14 In the R1, R2, and R3 residential zones, mobile food vending shall not be permitted on a private property having a residential use. In the R4 and R5 residential zones, mobile food vending on private property having residential use may be permitted as part of an approved, on-time or recurring special event. See Subsection XI-10-13.18(C)(3)(a)(i).

15 Except for the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.

16 Except for driving tee or range, miniature course and similar uses operated for commercial purposes.

17 Allowed commercial uses to be specified through the Conditional Use Permit process.

18 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices.

19 Subject to the requirements of Subsection XI-10-13.16, Short-Term Rentals, of this Chapter.

(Ord. No. 38.848, § 5, 11/15/22; Ord. No. 38.845, § 5, 6/21/22; Ord. No. 38.840, § 4, 6/16/20; Ord. No. 38.835, § 5, 3/3/20; Ord. No. 38.837, § 5, 11/5/19; Ord. No. 38.833, § 5, 5/7/19; Ord. No. 38.822, § 3, 5/5/15; Ord. No. 38.810, § 4, 12/3/13; Ord. No. 38.795, § 17, 4/6/10; Ord. 38.780 (3)—(7), 8/19/08; Ord. 38.777 (6), 6/17/08)

XI-10-4.03 - Residential Zone Special Uses

A.

Incidental Services Within R3 Zones. Incidental services such as restaurants and retail sales to serve residents may be allowed through the approval of a Conditional Use Permit in accordance with the provisions in Section XI-10-57.04, of this chapter, provided there is no exterior display or advertising and such activities are conducted in spaces which are integral parks of a main building.

B.

Personal Services, Retail and Offices within R4 and R5 Zones. Personal services, retail and offices may be permitted provided they are:

1.

Less than or equal to ten thousand (10,000) square feet in gross floor area;

2.

Not open past 10:00 p.m.;

3.

Not specifically noted in Table XI-10-4.02-1, Residential Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and

4.

Not listed as a prohibited use in Section XI-10-4.02(B), Prohibited Uses, of this Chapter.

If items 1 through 2, above, are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, of this Chapter.

C.

Affordable Housing. Affordable housing units should be provided in all new housing projects. While twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity.

(Ord. No. 38.848, § 5, 11/15/22; Ord. No. 38.795, § 18, 4/6/10; Ord. 38.777 (6) (part), 6/17/08)

XI-10-4.04 - Residential Zone General Development Standards

The following minimum requirements shall be observed, except where increased for conditional uses. The minimum requirement shall be one of the following for the district classification as designated on the zoning map.

Table XI-10-4.04-1

Residential Zone Development Standards

Standards	R1	R2	R3	R4	R5
Lot Area, minimum (s.f.)1	R1-2.5: 2,500 R1-3: 3,000 R1-4: 4,000 R1-5: 5,000 R1-6: 6,000 R1-8: 8,000 R1-10: 10,000	Single-Family: 6,000 Two-Family: 8,000	8,000 2,000 per dwelling unit	None	None
Lot width, minimum (ft.)2	R1-2.5: 30 R1-3: 30 R1-4: 40 R1-5: 50 R1-6: 55 R1-8: 70 R1-10: 80	Single-Family: 55 Two-Family: 70	70	None	None
Density, (Min- Max)	1 Dwelling Unit/ Lot (3-15 units per gross acre)	7-11 units per gross acre	12-20 units per gross acre	31-40 units per gross acre	41-60 units per gross acre
Front yard Setback, minimum (ft.)3	R1-2.5: 20 R1-3: 20 R1-4: 20 R1-5: 20 R1-6: 20 R1-8: 25 R1-10: 25	Single-Family: 20 Two-Family: 20	20	8 min/15 max from back of sidewalk	Min: 12 Min: 20
Side yard setback (Interior), minimum (ft.)4	R1-2.5: One side 5 R1-3: One side 5 R1-4: One side 6 R1-5: Adj. to garage 6, total ten feet. R1-6: Adj. to garage 6, total 13. R1-8: One side 7, total both sides 17 R1-10: One	Single-Family: Single Story: One side 4, total both sides 12. Two-story: One side 6, total both sides 15. Two-Family: Single Story: One side 7, total both sides 12. Two-Story: One side 8, total both sides 20.	Single Story: One side 5 ft., total both sides 12 ft. Two-2.5 story: One side 10 ft., total both sides 25 ft. Three-3.5 story: One side 12 ft., total both sides 30 ft.	10	15 20 for buildings over 3 stories which abut residential uses
	side 8, total both sides 20
---	---	---	---	---	---
Street side yard Setback, minimum (ft.)5	10	10	10	Same as Front yard setback. See footnote 2.	Min: 12 Max: 20
Rear yard setback, minimum (ft.) (single story/two stories or greater)6	R1-2.5: 15/20 R1-3: 15/20 R1-4: 15/20 R1-5: 20/20 R1-6: 25/25 R1-8: 25/30 R1-10: 30/35	Single-Family: 25/25 Two-Family: 25/30	Single Story: 30 ft. Two/2.5 story: 35 ft. Three/3.5 story: 40 ft.	10	15 20 for buildings over 3 stories which abut residential uses
Other Setbacks					Refer to Section XI-10- 4.04, Special Development Standards.
Building Height, maximum (ft.)7	Principal building: 30 Accessory building: 15 Guest house/ Caretaker building: 17	Principal building: 2.5 stories (30 ft.) Accessory building: 1.5 stories (15 ft.)	Principal building: 3.5 stories (35 ft.) Accessory building: 2.5 stories (25 ft.)	Four stories and 60 ft. Including architectural elements.	Six stories and 75 ft.
Parking	Refer to Section 53,Of Street Parking Regulations, of this Chapter.	Refer to Section 53,Of Street Parking Regulations, of this Chapter.	Refer to Section 53,Of Street Parking Regulations, of this Chapter.	Refer to Section 53,Of Street Parking Regulations, of this Chapter.	Refer to Section 53,Of Street Parking Regulations, of this Chapter.
Lot Coverage	Refer to Section XI-10- 4.05, Special Development Standards, of this chapter.	NA	Refer to Section XI-10- 4.05, Special Development Standards, of this chapter.

1 For R3 properties, the minimum requirement of lot area per dwelling unit may be waived where a Planned Unit Development has been approved at a higher density in accordance with the provisions of Section XI-10-54.07(B)(6)(c), Planned Unit Development, of this title. For R3

Properties, provided that all other requirements of this title are met, the required area per dwelling may be reduced to 1,000 square feet for each efficiency apartment, as defined herein, contained in a multiple-family dwelling.

2 For R1 properties with slopes less than sixteen (16) percent. For R1-10 properties with slopes equal to or greater than sixteen (16) percent, but less than twenty-six (26) percent, the minimum lot width shall be two hundred (200) feet. For R1-10 properties with slopes equal to or greater than twenty-six (26) percent, the minimum lot width shall be three hundred (300) feet.

3 For R1 properties with slopes less than sixteen (16) percent. For R1-2.5, R1-3, and R1-4 properties, if access is provided to the side of garage via curved driveway, the setback may be 15 feet. For R1-10 properties with slopes equal to or greater than sixteen (16) percent, the minimum setback is forty (40) feet.

For R4 properties, the sidewalk shall be based on either existing sidewalk or an assumed 10-foot wide sidewalk, whichever is wider. Where a public easement prevents a building from being located at its required minimum or maximum setback, the building shall be located as close to the back of said easement as possible.

For R4 and R5 properties, (1) porches, stairs and balconies may be located in the front and street side setback areas provided they are incorporated into an integrated landscape concept where the majority of the setback areas are reserved for landscaping; (2) stairs and porches may project up to six (6) feet into the minimum setback; (3) the front yard setback area shall be landscaped; (4) where a public easement prevents a building from being located at its required minimum or maximum setback lines, the building shall be located as close to the back of said easement as possible.

4 For R1 properties with slopes less than sixteen (16) percent. For R1-10 properties with slopes equal to or greater than sixteen (16) percent but less than twenty-six (26) percent the minimum setback shall be twenty (20) feet on side and a total of forty-five (45) feet for both sides. For R1-10 properties with slopes equal to or greater than twenty-six (26) percent, the minimum setback shall be forty (40) feet.

For R4 and R5 properties, balconies, bay windows and awnings may project up to six (6) feet into the interior side setback. Interior side setback areas shall be landscaped but may also be occupied by accessory buildings and drive aisles.

5 For R5 properties, the street-side yard setback shall be landscaped.

6 For R1 properties with slopes less than sixteen (16) percent. For R1-10 properties with slopes equal to or greater than sixteen (16) percent, the minimum setback is forty (40) feet.

For R4 and R5 properties, balconies, bay windows and awnings may project up to six (6) feet into the rear setback. Interior side setback areas shall be landscaped but may also be occupied by accessory buildings and drive aisles.

For R5 properties, to mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as a solid six-foot barrier, shall be considered by the Planning Commission during the site and architectural review process.

7 For R3 properties, the height restriction can be waived where a Planned Unit Development has been approved at a density in excess of twenty (20) units per gross acre in accordance with the provisions of Section XI-10-54.07(B)(6)(c), of this chapter.

For R5 properties, except on specified sites with frontage on arterials, including Capitol Avenue, Great Mall Parkway, Montague Expressway, Milpitas Boulevard Extension, and Piper Drive, where heights may extend up to twelve (12) stories.

(Ord. 38.777 (6) (part), 6/17/08)

(Ord. No. 38.785, § 3, 4-7-09)

XI-10-4.05 - Residential Zone Special Development Standards

All Zones.

1.

Areas for Collecting and Loading Recyclable Materials. There shall be provided areas for collecting and loading recyclable materials in accordance with the requirements of Section XI-10-54.12 of this Chapter.

B. R1 Zones.

1.

Front Yard Coverage.

a.

ii.

Patios (at ground level): minimum one hundred square feet.

2.

Exceptions to Standards.

a.

Exceptions to all but the use, density and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section XI-10-57.04.

b.

In addition to the required findings under Section XI-10-57.04, the Planning Commission must be able to make the following two additional findings for such exceptions:

i.

The exceptions meet the design intent identified within the Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

ii.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

R5 Zones.

1.

Building Location and Placement.

a.

All buildings shall face the street.

b.

Primary building entrances shall be oriented to the street.

2.

Park and Open Space Requirements.

a.

All residential projects within the Transit Area Specific Plan area shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.

i.

Two (2) of the required three and one-half (3.5) acres must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section XI-1-9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). Land dedication is required if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan.

ii.

Up to one and one-half (1.5) of each three and one-half (3.5) total park acres required (43%) may be satisfied by the provision of private recreational areas. Private open space cannot be shared between separate developments.

b.

Each residential project shall provide adequate on-site usable open space or recreational facilities to the approval of the Planning Commission through the Site Development Permit process.

i.

Balconies, porches, or roof decks, with a minimum dimension of four and one-half (4.5) feet, may be considered usable open space when properly developed for work, play or outdoor living areas.

ii.

Each dwelling unit shall be provided with private open space as follows:

Balconies (above ground level): minimum forty (40) square feet; or

2.

Patios or porches (at ground level): minimum fifty (50) square feet.

c.

All development projects within the Transit Area Specific Plan area shall dedicate and/or improve public trails if a trail is shown on a property on Figure 3-8 of the Transit Area Specific Plan.

d.

Twenty percent (20%) of a landscape buffer area may count towards the public park and open space requirements when it includes trails or wide sidewalks connected to the pedestrian and bicycle network.

e.

Park Sites. Parks must be bordered by public streets, or public right-of-way such as a trail or railroad rightof-way, on at least three sides.

3.

Exceptions to Standards.

a.

Exceptions to all but the allowable uses, density requirements, and public and private park land requirement regulations may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section XI-10-57.04, Conditional Use Permits, of this chapter.

b.

In addition to the required findings for a Conditional Use Permit, the Planning Commission must be able to make the following two additional findings for such exceptions:

i.

The exceptions meet the design intent identified within the Transit Area Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

ii.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

iii.

The project design in its totality does not adversely impact adjoining properties to a greater degree than a project that complies with all development standards. Impacts to be considered include: access to sunlight,

views, shadows on parks and open space, privacy, and noise.

(Ord. 38.780 (8), (9), 8/19/08; Ord. 38.777 (6) (part), 6/17/08)

XI-10-4.06 - Reserved.

Editor's note— Ord. No. 38.785, § 4, adopted April 7, 2009, amended the Code by repealing former XI-104.06 in its entirety. Former XI-10-4.06 pertained to off-street parking regulations, and derived from Ord. 38.777, adopted June 17, 2008.

XI-10-4.07 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 19, 4/6/10; Ord. 38.777 (6) (part), 6/17/08)

XI-10-4.08 - Two-unit Projects

A.

Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B.

Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C.

Application.

1.

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp., S corp., etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2.

An application for a two-unit project must be submitted on the city's approved form.

3.

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D.

Approval.

1.

An application for a two-unit project is approved or denied ministerially, by the Planning Director, without discretionary review.

2.

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents, such as the deed restriction and easements, have been recorded with the Santa Clara County Clerk.

3.

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4.

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

E.

Location requirements. A two-unit project must satisfy each of the following requirements:

1.

Map act compliance. The lot must have been legally subdivided.

2.

a.

2.

Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

N.

Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot and all structures to the City's current code.

O.

Separate conveyance.

Within a resulting lot.

a.

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

c.

All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

P.

Regulation of uses.

1.

Residential-only. Non-residential uses, except for legal home-based businesses, are not permitted on any single-family residential lot.

2.

No STRs. No dwelling unit located on a lot created by an urban lot split may be rented for a period of less than 30 days.

3.

Owner Occupancy. Unless the lot was created by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

Q.

Notice of construction.

1.

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

d.

Record a notice of violation.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the Milpitas Municipal Code.

(Ord. No. 38.844, § 4, 12/14/21)

Section 5 - Commercial Zones and Standards

XI-10-5.01 - Purpose and Intent

The General Plan details the goals, objectives and policies for the City's commercial zones, including provisions for a range of retail and office uses necessary to support the daily needs of residents of and visitors to Milpitas. It is the purpose of this section to implement the General Plan's vision for the commercial zones through development of regulations that allow for a variety of retail and office uses, while creating distinct commercial areas that are compatible with their surrounding environment.

A.

Administrative and Professional Office (CO) Zone. The purpose and intent of this zone is to provide a district for medical, business, and professional offices, and medical and dental clinics.

B.

Neighborhood Commercial (C1) Zone. The purpose and intent of this zone is to provide for general commercial needs of neighborhood areas of the City and to promote stable, attractive commercial development which will afford a pleasant shopping environment and will complement the essential residential character of the neighborhood. The Neighborhood Commercial District shall contain, as permitted uses, those activities which primarily provide for the day-to-day shopping needs of the residential neighborhood it is located in. It shall not include uses which generate loud noises or unpleasant odors. It shall not include retail stores, offices or service establishments which are not open to minors or which are designed to attract customers and traffic from areas other than the neighborhood area in which they are located.

C.

General Commercial (C2) Zone. The purpose and intent of this zone is to provide for the wide range of retail sales and personal and business services primarily oriented to the automobile customer to provide for general commercial needs of the City and to promote stable, attractive commercial development which will afford a pleasant shopping environment. It is intended to include those commercial uses in which shopping may be conducted by people walking to several stores as in a center and may include uses customarily of a single-purpose character served from an immediately parked automobile. Special development standards are incorporated in the district regulations in order to provide for orderly development and to minimize potential traffic hazards. The C2 District, when appropriate, will be located along major thoroughfares and in accordance with the adopted City of Milpitas General Plan.

D.

Highway Services (HS) Zone. The purpose and intent of this zone is to provide for the wide range of personal and business services primarily oriented to the automobile customer and transient residential uses such as motels or mobile home parks. It is intended to include those commercial uses which customarily located outside of the Central Business District area and tend to require lots with well-maintained grounds. The highway service uses listed are of a relatively low customer volume. Special development standards are incorporated in the district regulations in order to provide for orderly development and to minimize potential traffic hazards. The HS District, when appropriate, will be located along State highways and major City thoroughfares and in accordance with the adopted City of Milpitas General Plan.

E.

Town Center (TC) Zone. The purpose and intent of this zone is to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities in the geographic center of the City to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the City's transportation network.

(Ord. No. 38.820, § 3, 4/7/15; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 2, 10/5/10; Ord. No. 38.789, § 8, 4/21/09)

XI-10-5.02 - Commercial Use Regulations.

A.

Permitted and Conditionally Permitted Uses.

1.

Primary uses. The uses identified in Table 5.02-1, Commercial Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 5.02-1 shall be permitted or conditionally permitted, as indicated:

structures. The indicated:	primary uses identifed in Table 5.02-1 shall be permitted or conditionally permitted, as
P	Where the symbol "P" appears, the use shall be permitted.
MCS	Where the symbol "MCS" appears the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staf, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
P/C	Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI-10- 57.04, Conditional Use Permits, of this Chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
MC	Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Subsection 57.04, Conditional Use

Permits and Minor Conditional Use Permits, of this chapter.

Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table 5.02-1.

2.

Uses that have been excluded from Table 5.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

3.

Any residential uses in the Town Center Zone shall strictly be prohibited provided residential uses constructed on or before February 17, 2015 or any project securing an approved tentative map or site development permit for construction of residential uses on or before February 17, 2015 shall be exempt from this prohibition and Milpitas Zoning Code Section 56, Nonconforming Buildings and Uses.

C.

Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table XI-10-5.02-1

Commercial Zone Uses

Use	CO	C1	C2	HS	TC
1. Commercial Uses
Alcoholic beverage sales	C1	C	C	NP	C
Art/photography studio or gallery	NP	P	P	P	P
Business support services	NP2	NP2	P	P	MC
Check cashing and payday loan businesses	NP	NP	C	C	MC
Funeral home or mortician	NP	NP	C	C	NP
Furniture sales	NP	P	P	P	P
Furniture repair and reupholstering	NP	NP	P	P	NP
Grocery store (supermarkets)
Within 1,000 ft. of residential zone	NP	C	C	C	C
Not within 1,000 ft. of residential zone	NP	P	P	P	P
---	---	---	---	---	---
Head/smoke/tobacco shop	NP	C	C	NP	C
Home improvement (hardware, blinds, interior decorating, etc.)	NP	P	P	C	P
Not fully enclosed operation	NP	C	C	C	C
Household appliance store7	NP	NP	P	P	NP
Small appliance repair	NP	NP	MCS	P	NP
Large appliance repair	NP	NP	NP	P	NP
Newsstand
Indoor	P	P	P	NP	P
Outdoor	C	C	C	NP	C
Nursery (fower or plant)
Indoor	NP	NP	P3	P	P
Outdoor	NP	NP	C	P	NP
Paint and wallpaper stores	NP	NP	P	P	P
Pawnshops	NP	NP	C	NP	NP
Personal services4	NP	P	P	NP	P
Pet stores	NP	NP	P	P	P
Printing (newspaper, publishing)	NP	NP	P	P	P
Rentals (medical supplies, costumes, party equipment, ofce equipment)	NP	NP	P	P	P
Repair and cleaning, small items	NP	P	P	P	P
Retail stores, general merchandise	NP	P	P	NP	P
Thrift store5	NP	C	P	P	P
2. Entertainment and Recreation
Adult business6	NP	NP	NP	P	NP
Bowling alley	NP	NP	P	P	P
Commercial athletic facilities
Indoor	NP	C	P	P	P
Outdoor	NP	NP	NP	C	NP
Motion picture theater (See 7 below)
Recreation or entertainment facility	NP	C	C	C	C
Shooting range, indoor	NP	NP	NP	C	NP
3. Health and Veterinarian Uses
Animal grooming (no boarding)	NP	P	P	P	P
Hospital	C	NP	C	C	C
Kennel	NP	NP	C	NP	NP
Massage establishment7	NP	NP	MC	MC	MC
Massage establishment, accessory7	NP	NP	MCS	MCS	MCS
---	---	---	---	---	---
Medical and dental ofce	P	P	P	NP	P
Medical and dental clinic	P	C	C	NP	P
Medical support laboratories	P	C	C	C	C
Optician and optometrist shop	P	P	P	NP	P
Pharmacy or drug store	NP	P	P	P	P
Sauna and steam bath	NP	NP	NP	P	NP
Veterinary clinic	NP	NP	P	P	P
4. Industrial Uses8
Assembly from pre-processed materials	NP	NP	C	NP	NP
Commercial fueling facility	NP	NP	NP	C	NP
Commercial laboratory	NP	NP	C	P	NP
Contractor's yards and ofces	NP	NP	C	C	NP
Disinfection and extermination business	NP	NP	C	P	NP
Dry cleaning plant	NP	NP	NP	P	NP
Food storage locker	NP	NP	NP	P	NP
Landscape contractor	NP	NP	C	P	NP
Lumberyards	NP	NP	C	C	NP
Mini-storage complex	NP	NP	C	C	NP
Plumbing, metalworking, glassworking or woodworking	NP	NP	C	C	NP
Research & development	NP	NP	C	NP	NP
Sign sales and fabrication (Electric and neon sign, sign painting)	NP	NP	C	P	NP
Warehousing and wholesale	NP	NP	C	NP	NP
5. Lodging
Hotel and motel	NP	NP	C	C	C
6. Professional Ofces, Financial Institutions and Related Uses
Automatic teller machines (freestanding)9	NP	P	P	P	P
Financial institutions (banks, savings and loans, etc.)	P	P	P	P	P
Ofces, business and professional	P	P	P	P	P
7. Public, Quasi-Public and Assembly Uses
Auction hall	NP	NP	C	C	C
Child care
Child care center	C	C	C	C	C
Day care school	C	C	C	C	C
Large family child care home	NP	NP	NP	NP	C
Small family child care home	NP	NP	NP	NP	C
Places of assembly	C	C	C	C	C
Cultural center	NP	NP	C	C	C
---	---	---	---	---	---
Educational institutions
Schools, private (elementary, middle, high)	NP	NP	C	NP	C
Trade and vocational school	C	NP	P	P	C
Farmer's market (not including fea market)	NP	C	C	C	C
Instruction
Group8	MCS	MCS	MCS	MCS	MCS
Private	P	P	P	P	P
Motion picture theater
Indoor	NP	C	C	C	C
Outdoor	NP	NP	NP	C	NP
Parking facility, storage garage	NP	P	P	C	C
Public utilities	C	C	C	C	C
Transportation facility (taxi, limousine, etc.)	NP	NP	C	C	C
8. Restaurants or Food Service
Banquet hall	NP	NP	C	C	C
Bar or nightclub	NP	NP	C10	C	C10
Catering establishment	C	NP	P	P	P
Restaurants	C1	P	P	P	P
With music (indoor/outdoor)	NP	P10	P10	C	P10
With other live entertainment/dancing18	NP	NP	C	C	C
With drive-in or drive-through	NP	C	C	C	C
With ancillary on-premise beer & wine with no separate bar	NP	MC	PMC	MC	MC
Mobile food vending (individual vehicle)11	P	P	P	P	P
Mobile food park11	MC	MC	MC	MC	MC
Commissary	MC	P	P	P	MC
9. Residential Uses
Caretaker (in conjunction with contractor's yard or mini- storage complex)	NP	NP	C	C	NP
Emergency shelters12	NP	NP	NP	P/C	NP
Single-room occupancy residences13	NP	NP	NP	C	NP
10. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.)	NP	NP	C	C	NP
Auto sales and rental, outdoor (new and used cars, RV and truck)	NP	NP	C	C	NP
Auto broker (wholesale, no vehicles on site)	MCS	MCS	MCS	MCS	MCS
Car wash	NP	NP	C	C	NP
Service stations (with or without repair or retail)14	C	C	C	C	C
---	---	---	---	---	---
Drive through uses (restaurants, pharmacies, etc.)	NP	C	C	C	C
11. Unclassifed Uses
Accessory structures15	P	P	P	P	P
Model home complex16	NP	NP	NP	NP	P
Mortuary or crematory	NP	NP	NP	C	NP
Radio or television station	NP	NP	C	P	NP
Temporary seasonal sales17	NP	P	P	P	P

When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising.

2 Copy/quick-printing shops and mailbox rental facilities shall be permitted in the CO, C1, and TC zones. All other uses classified as Business Support Services shall not be permitted in these zones.

3 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building.

4 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.

5 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter.

6 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter.

7 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.

8 For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter.

9 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

10 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the C1, C2, and TC zones. See also Subsection XI-10-5.04(E) for additional regulations.

11 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

12 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter.

13 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter.

14 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

15 Not including warehouses on the same site as the permitted use.

16 No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway.

17 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter.

(Ord. No. 38.848, § 6, 11/15/22; Ord. No. 38.847, § 6, 8/16/22; Ord. No. 38.845, § 6, 6/21/22; Ord. No. 38.839, § 6, 12/3/19; Ord. No. 38.837, § 6, 11/5/19; Ord. No. 38.820, § 3, 4/7/15; Ord. No. 38.816, § 3,

9/2/14; Ord. No. 38.813, § 2, 4/1/14; Ord. No. 38.810, § 5, 12/3/13; Ord. No. 38.808, § 3, 5/21/13; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 3, 10/5/10; Ord. No. 38.795, § 20, 4/6/10; Ord. No. 38.792, § 3, 8/4/09; Ord. No. 38.789, § 8, 4/21/09)

XI-10-5.03 - Commercial Zone General Development Standards

Table XI-10-5.03-1

Commercial Zone Development Standards

Standard	CO	C1	C2	HS	TC
Lot Area, minimum	None	None	10,000 s.f.	Fronting major street (4 or more lanes): 1.5 ac. Fronting all other streets (two lanes): 20,000 s.f.	None.
Lot Width, minimum	None	None	100 ft.	Fronting major street: 250 ft. Fronting all other streets: 125 ft.	None
Front Yard Setback, minimum	10 ft.	20 ft.	0 ft.	Major street: 50 ft. All other streets: 0 ft.	20 ft. 35 ft. along E. Calaveras Blvd.
Side Yard Setback (Interior), minimum	10 ft.	0 ft. 15 ft. when abutting R District	0 ft. 15 ft. when abutting R District	0 ft. 15 ft. when abutting R District	0 ft. 15 ft. when abutting R District
Street Side Yard Setback, minimum	10 ft.	0 ft.	0 ft.	0 ft.	20 ft. 35 ft. along E. Calaveras Blvd.
Rear Yard Setback, minimum	10 ft. When abutting residential, not less than R District required setback	0 ft. 15 ft. when abutting R District	0 ft. 15 ft. when abutting R District	0 ft. 15 ft. when abutting R District	0 ft. 15 ft. when abutting R District
Building Height, maximum
Primary building	35 ft. or 3 stories	35 ft. or 3 stories	35 ft. or 3 stories1,2	35 ft. or 3 stories2	35 ft. or 3 stories1,2
Accessory building	25 ft. or 2 stories	25 ft. or 2 stories
Parking	Refer to Section 53,Of Street Parking, of this		Chapter.
Lot Coverage	None	None	None	None	None
Floor Area Ratio	0.50	0.35	0.50	0.50	0.85
Landscaping	None	None	None	25% of front yard setback	All required setback areas and the ends of each parking aisle 3

1 Refer to Subsections XI-10-5.04(D) and XI-10-57.04(C)(1) of this Chapter for additional requirements.

2 For properties that are located within 500 feet of the boundary of a Single Family Residential (R1) or One and Two-Family Residential (R2) zone, the maximum height of a primary building shall be limited to 30 feet or 2.5 stories.

3 The Planning Commission shall determine the size of the planters through site and architectural review.

In deciding whether to grant a request for additional building height through the Conditional Use Permit process pursuant to Section XI-10-57.04(C)(1), the Planning Commission shall consider site conditions, design elements, and other factors including but not limited to (a) width of right-of-way of principal street; (b) proximity of the site to low- or medium-density residential districts (R1, R2, and R3); (c) building setbacks in relation to proposed building height in excess of 35 feet; and (d) upper story step-backs.

E.

Outdoor Music.

Outdoor music as an accessory use in conjunction with a restaurant or bar in the C1, C2, or TC zone shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.

2.

Recorded background music may be permitted outdoors on public sidewalks and in other public areas - subject to the standards of this Chapter and Title V - Public Health, Safety and Welfare, Chapter 213 Noise Abatement.

3.

Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V - Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.

4.

Larger outdoor music events, both live and recorded music, which are intended for the entertainment and enjoyment of the general public shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

5.

Minor outdoor music events, both live and recorded music, which are hosted onsite by a business with nine or fewer employees shall be exempt from applicable permit and fee requirements.

(Ord. No. 38.846, § 5, 10/19/22; Ord. No. 38.847, § 6, 8/16/22; Ord. No. 38.816, § 3, 9/2/14; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 4, 10/5/10; Ord. No. 38.789, § 8, 4/21/09)

XI-10-5.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.795, § 21, 4/6/10; Ord. No. 38.789, § 8, 4/21/2009)

Section 6 - Mixed Use Zones and Standards[[4]]

Footnotes:

--- ( 4 ) ---

Prior ordinance history—Ords. 38, 38.18, 38.19, 38.22, 38.207, 38.339, 38.687, 38.702, 38.761, 38.763 and 38.776.

XI-10-6.01 - Purpose and Intent

Mixed Use ("MXD") Zoning District. The purpose of the MXD zoning district is to encourage a compatible mix of residential, retail, entertainment, office and commercial service uses within the framework of a pedestrian-oriented streetscape. It is intended that the residential and commercial use allowed in the "MXD" District combine to provide for an "around-the-clock-environment" with urban open areas (i.e. plazas, squares) that serve multiple purposes and can be used for special events.

B.

High Density Mixed Use ("MXD2") Zoning District. The purpose of the MXD2 zoning district is to encourage a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor with residential or office uses on the floors above while maintaining a pedestrian-oriented streetscape. It is intended that the retail or restaurant space required will ensure neighborhood-oriented retail and services are provided within walking distance of high density residential development.

C.

Very High Density Mixed Use ("MXD3") Zoning District. The purpose of the MXD3 zoning district is to provide very-high density housing, retail and employment uses.

D.

Neighborhood Commercial Mixed Use ("NCMU") Zoning District. The purpose of the NCMU zoning district is to encourage a compatible mix of residential, retail, entertainment, office, and commercial uses. It is intended that the neighborhood-serving active uses such as grocery stores, retail, restaurants, and personal services at key locations on the ground level will help create a pedestrian oriented streetscape and public spaces. The NCMU Zoning District is subdivided into three subdistricts:

1.

NCMU1 allows commercial or mixed-use development the primary function as a commercial center to provide goods and services to the immediate neighborhood. The mix of uses may be vertical or horizontal.

2.

NCMU2 allows commercial or mixed-use development with some active commercial storefronts along the street frontages.

3.

NCMU3 allows commercial, mixed use, or residential only development with no minimum commercial FAR. NCMU3 includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

E.

Town Center (TC) Zone. The purpose and intent of this zone is to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities along with some residential uses in the geographic center of the City to suit the varying lifestyles of residents and visitors alike. The

area is easily accessible via the City's transportation network. The TC Zoning District is subdivided into three subdistricts:

1.

TC1 allows commercial or mixed-use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood and larger community. The mix of uses may be vertical or horizontal.

2.

TC2 allows commercial or mixed-use development with active commercial storefronts along the street frontages.

3.

TC3 allows commercial, mixed-use or residential only development with no minimum commercial FAR. TC 3 includes parcels that are less suitable for retail uses, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

XI-10-6.02 - Mixed Use Regulations

A.

Permitted and Conditionally Permitted Uses.

1.

Primary uses. The uses identified in Table 6.02-1, Mixed Use Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 6.02-1 shall be permitted or conditionally permitted, as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
MCS	Where the symbol "MCS" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staf, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
P/C	Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI-10- 57.04, Conditional Use Permits, of this Chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
MC	Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.

Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

2. Accessory Uses.

a.

Massage Services. Massage services may be allowed as an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed as an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table 6.02-1.

2.

The following uses are not permitted in any mixed use zone:

a.

Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter.

b.

Disinfecting and extermination business.

c.

Ground level residential in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1 and Zoning Map.

d.

Outdoor storage of vehicles.

e.

Private self-storage facilities

f.

Single family detached dwellings

g.

Two family dwelling units

C.

Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table XI-10-6.02-1 Mixed Use Zone Uses

Use	MXD	MXD2		MXD3	NCMU1, 2, 3	TC1, 2, 3
		Ground Level (Facing Retail street)	Upper Floor
1. Commercial Uses
Alcohol beverage sales	C	C	C	C	C	C
Business support services1	P/NP2	P/NP2	NP	P/NP2	P/NP2	MC
Grocery stores (supermarkets)3	C	C	C	C	P	P
Pawnshops4	C	C	C	C	NP	NP
Personal services1, 5	P	P	P	P	P	P
Pet shops	C	NP	NP	NP	NP	P
Repair and cleaning shop, small items1	P	P	P	MC	MC	P
Retail stores, general merchandise6	P	P	MCS	MCS	P	P
Thrift shops (used merchandise)
Retail	P	P	P	P	P	P
With collections	C	C	C	C	C	NP
Drive Through Uses	NP	NP	NP	NP	NP	C
2. Entertainment and Recreation
Commercial athletic facilities	P	P	P	P	MCS in NCMU1	P
"Theaters (Indoor)"
---	---	---	---	---	---	---
Recreation or entertainment facility	C	C	C	C	NP	C
3. Health and Veterinarian Uses
Animal grooming (no boarding)	P	P	NP	P	NP	P
Hospitals or sanitariums7	C	C	C	C	NP	C
Massage establishment8	MC	MC	MC	MC	MC	MC
Massage establishment, accessory8	MCS	MCS	MCS	MCS	MCS	MCS
Medical or dental ofces and clinics	P	NP	P	P	P (upper foors) MCS (ground foor)	P
Medical support laboratories	P	P	P	P	NP	C
Optician and optometrist shop	P	P	P	P	P (upper foors) MCS (ground foor)	P
Pharmacy or drug store	P	P	P	P	P	P
Veterinarian clinic	P	P	P	P	NP	P
4. Lodging
Bed and breakfast	P	P	NP	NP	NP	NP
Boarding houses (3 or more persons)	C	C	C	C	C	C
Group dwellings	C	C	C	C	C	C
Hotels	C	P	P	P	C	P
Motels	C	C	C	C	NP	NP
5. Professional Ofces,	Financial Institutions and Related Uses
Financial institutions (banks, savings and loans, etc.)	MCS	NP	MCS	P	P	P
Ofces, business and professional6	MCS	NP	MCS	P	C	P
6. Public/Quasi Public and Assembly Uses
Child care
Child care center	C	P	C	P	C	C
Day care school	C	C	C	C	C	C
Large family child care home	P	P	C	P	P	P
---	---	---	---	---	---	---
Small family child care home	P	P	P	P	P	P
Instruction
Group6	P	NP	NP	NP	P	P
Private	P	P	P	P	P	P
Park, playground or community center10	O	O	O	O	O	O
Places of assembly7	C	C	C	C	C	C
Public utilities	C	C	C	C	C	C
Schools, private (elementary, middle and high)5	C	C	C	C	C	C
Theaters (Indoor)	C	C	C	C	NP	C
Trade and vocational schools7	C	C	C	C	NP	C
Transportation facilities4	C	C	C	C	NP	C
7. Residential Uses
Multi-family housing 11	P	NP12	P	P	P12	P
Transitional and supportive housing11	P	NP12	P	P	P12	P
Accessory Dwelling Unit14	P	NP	P	P	P	P
8. Restaurants or Food	Service
Bar or nightclub	C15	C15	C	C15	C15	C
Brewery/Eateries	MCS	MCS	NP	MCS	MCS	MCS
Catering establishments	C	C	C	C	NP	P
Restaurants4	P/C	P/C	NP	P/C	P/C	P
With music (indoor/outdoor)	P15	P15	NP	P15	P15	P
With other live entertainment/dancing	C	C	NP	C	C	C
Mobile Food Vending (individual vehicle)16	P	P	NP	P	P	P
Mobile Food Park16	MC	NP	NP	MC	NP	MC
Commissary	MC	NP	NP	MC	NP	MC
---	---	---	---	---	---	---
9. Unclassifed Uses
Artisan Studios & Live-work units, woodworking or glassworking, plumbing or metalworking and sign shops4	MCS	MCS	MCS	MCS	MCS	MCS
Lobbies and entries for upper foor uses	P	P	NP	P	P	P
Model home complex 17	P	P	P	P	P	P
Mixed use developments18	P	P	P	P	P	P
Planned Unit Development19	P	P	P	P	P	P
Temporary seasonal sales20	P	P	P	P	P	P
Short-Term Rentals21	P	NP	P	P	P	P
10. Vehicle-Related Repair, Sales and Services
Auto sales and rental 22	C	C	C	C	NP	NP
Auto broker (wholesale, no vehicles on site)4	MCS	MCS	MCS	MCS	NP	MCS
Vehicle service uses 23	C	NP	NP	C	NP	C

1 Refer to Subsection XI-10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards.

2 Copy/quick-printing shops and mailbox rental facilities shall be permitted in all MXD, MXD2 (Ground Floor), MXD3, and all NCMU zones. All other uses classified as Business Support Services shall not be permitted in these zones.

3 Grocery stores with floor area up to 15,000 square feet are permitted. Grocery stores exceeding 15,000 square feet may be permitted subject to the approval of a Conditional Use Permit pursuant to Subsection XI-10-57.04 of this Chapter.

4 Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards.

5 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.

6 Refer to Subsection XI-10-6.02-1(B) Performance standards for certain uses, of this Chapter.

7 Refer to Subsection XI-10-6.02-2, Quasi-Public Uses, of this Chapter, for standards.

8 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.

9 Reserved

10 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization.

11 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1.

12 Uses serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted.

14 Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter.

15 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the MXD, MXD2, MXD3, and NCMU zones. See also Subsection XI-10-6.06(B) for additional regulations.

16 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.
17 Refer to Subsection XI-10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices.

18 Which include only permitted uses.

19 Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards.

20 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

21 Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter.

22 New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building.

23 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

6.02-1 Mixed Use Zone Special Uses ¶

A.

Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1.

Auto service uses, including but not limited to: gasoline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glass, brakes, upholstery, and other similar types.

Local transportation service facilities (e.g. taxi, parcel service, ambulance, armored car, and van storage) without outdoor storage of vehicles.

3.

Pawnshops.

B.

Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1.

Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:

a.

Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

2.

Auto Service Uses. Auto Service uses shall comply with the following standards:

a.

All operations shall be conducted completely within an enclosed building.

b.

Entrances to the service bays shall not be open to the street but shall be designed to face the rear or interior side property line.

3.

Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops. These uses shall comply with the following standards:

a.

All operations shall be conducted completely within an enclosed building.

b.

There shall be no dust, fume, or odor either emitted from the premise.

They have only ancillary on-premise consumption of beer and wine associated with food sales;

b.

They have no separate bar area;

c.

When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and

d.

They conform to the performance standards listed in this subsection (e) below.

If items (a) through (c) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter.

e.

Restaurant Performance Standards. Restaurants shall comply with the following performance standards:

i.

Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.

ii.

The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).

iii.

The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.

iv.

All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.

v.

Where applicable, the restaurant shall maintain an active account with a tallow hauling company.

vi.

The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:

1)

Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.

2)

Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.

3)

Double bag waste to prevent leaking.

4)

Place, do not drop or throw, waste-filled bags, to prevent leaking.

5)

Keep the ground under and around the garbage dumpsters swept.

6)

Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.

7)

Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.

Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal.

9)

All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.

7.

Retail and Offices shall comply with the following:

a.

When located within the MXD zone:

i.

Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;

ii.

Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area.

b.

When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;

c.

Reserved.

d.

They are not open past 10:00 p.m.;

e.

They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and

f.

They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

C.

Mixed Use and Residential-Only Development Projects in the NCMU and TC zones.

1.

Mixed use developments in the NCMU and TC zones shall provide commercial or active spaces designed to accommodate neighborhood-serving commercial uses at the ground level, and may include residential units. A proposed project in NCMU1, NCMU2, TC1, and TC2 shall include a minimum non-residential component in full compliance with the requirements of its zoning district as defined in section 11-10-6.04 Mixed Use Zone General Development Standards.

2.

100% affordable developments in NCMU1, NCMU2, TC1, and TC2 are exempt from the minimum nonresidential requirement.

a.

100 percent of the residential units must be affordable to low-income (earning up to 80 percent of area median income) and/or very low income (earning up to 50 percent of area median income) households, as defined by the U.S. Department of Housing and Urban Development.

b.

Affordability requirements shall be administered through a deed restriction, such as a restrictive covenant or other legally enforceable recorded instrument, for a minimum term of 55 years.

6.02-2 Quasi-Public Uses within MXD, NCMU, and TC Zones ¶

A.

Churches and religious institutions are permitted in any location within the MXD, NCMU, and TC Zones.

B.

The following quasi-public uses may be permitted within the MXD zones provided their location is first approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1.

Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls.

Hospitals or sanitariums.

3.

Private elementary, middle or high schools.

4.

Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.848, § 7, 11/15/22; Ord. No. 38.847, § 7, 8/16/22; Ord. No. 38.845, § 7, 6/21/22; Ord. No. 38.840, § 5, 6/16/20; Ord. No. 38.835, § 6, 3/3/20; Ord. No. 38.839, § 8, 12/3/19; Ord. No. 38.829, § 3, 6/6/17; Ord. No. 38.822, § 3, 5/5/15; Ord. No. 38.810, § 6, 12/3/13; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.795, § 22, 4/6/10; Ord. 38.784 (1)—(3), 12/16/08; Ord. 38.780 (10)—(17), 8/19/08; Ord. 38.777 (8), 6/17/08)

XI-10-6.03 - Affordable Housing

Affordable housing units should be provided in all new housing projects. Except as provided in Subsection XI-10-6.02-1(C)(2), while twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

XI-10-6.04 - Mixed Use Zone General Development Standards

A.

Standards within Specific Plan Areas. For properties located within a Specific Plan, refer to the Specific Plan for development standards. When a standard is not listed within the Specific Plan, the standards listed within the zoning ordinance shall govern.

B.

General Standards. The following minimum requirements shall be observed. The minimum requirement shall be one of the following for the district classification as designated on the zoning map.

Table XI-10-6.04-1

Mixed Use Zone Development Standards

Standards	MXD	MXD2	MXD3
Non-residential lot area minimum	Individual sites shall be of such size that all space requirements provided in this section are satisfed.	Individual sites shall be of such size that all space requirements provided in this section are satisfed.	Individual sites shall be of such size that all space requirements provided in this section are satisfed.
Density, Minimum- Maximum	21 min. 30 max. per gross acre. For additional standards refer to Section 6.04(C), Multi-Family	31 min. 40 max. per gross acre. For additional standards refer to Section 6.04(C), Multi-Family	41 min. 60 max. per gross. For additional standards refer to Section 6.04(C), Multi-Family
Residential (Dwellings)1	Residential Density within the MXD, MXD2 and MXD3 zones	Residential Density within the MXD, MXD2 and MXD3 zones.	Residential Density within the MXD, MXD2 and MXD3 zones.
---	---	---	---
Front and Street-Side Yard Setback, Minimum	Refer to Section 6.04(D), Front and Street-Side Yard Setbacks.	Refer to Section 6.04(D), Front and Street-Side Yard Setbacks.	12 ft. min. 20 ft. max. For additional standards refer to Section 6.04(D), Front and Street- Side Yard Setbacks, of this chapter.
Interior-Side Yard Setback, Minimum2	Ground Level Commercial Area: 0 ft. All other areas: 10 ft.	0 ft. Except when abutting residential use and for portions of buildings over 60 ft. or four stories tall, where the interior side yards shall be a minimum of 10 ft.	10 ft. 15 ft. when abutting residential. 20 ft. for portions of buildings over 60 ft. or four stories tall.
Rear Yard Setback, Minimum3	10 ft.	10 ft. 15 ft. when abutting residential 20 ft. for portions of buildings over 60 ft. or four stories tall.	15 ft. 20 ft. when abutting residential 30 ft. for portions of buildings over 60 ft. or four stories tall.
Floor Area Ratio, Non- Residential and Mixed Use projects	For buildings and portions thereof: .75 max.	1.5 max. Refer to Section 6.04(E), Floor Area Ratio, Non-Residential.	2.0 max. Refer to Section 6.04(E), Floor Area Ratio, Non-Residential.
Commercial Area, Minimum	Not Applicable	200 sq. ft. of retail, restaurant, or pedestrian-oriented commercial service uses, allowed in Table 6- 02-1, Mixed Use Zone Uses, must be provided for every unit, using the minimum density.	Not Applicable
Building Height 4	Principal building: 3 stories and 45 ft.	Principal building: 6 stories or 75 ft. Principal buildings with frontage along Great Mall Parkway: 12 Stories or 150 ft. Greater height, up to 20 stories may be allowed through the approval of a Conditional Use Permit.	Principal buildings: 12 stories or 150 ft. Greater height, up to 20 stories may be allowed through the approval of a Conditional Use Permit.
Landscaping	Refer to Section 6.04(G), Landscaping.	Refer to Section 6.04(G), Landscaping.	Refer to Section 6.04(G), Landscaping.
Parking	Refer to Section 53,Of Street Parking Regulations, of this Chapter.	Refer to Section 53,Of Street Parking Regulations, of this Chapter.	Refer to Section 53,Of Street Parking Regulations, of this Chapter.

1 For MXD3 properties, density may be averaged over contiguous parcels.

2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.

3 See Note 2 above.

4 Within the MXD zone, special architectural features, such as towers or corner elements may be up to 55 ft.

Table XI-10-6.04-2

NCMU Zone Development Standards

Standards	NCMU1	NCMU2	NCMU3
Lot area minimum	None	None	None
Density, Minimum- Maximum Residential (Dwellings)1	Maximum: 60 du/ac	Maximum: 60 du/ac	Minimum: 30 du/ac Maximum: 60 du/ac
Front and Street-Side Yard Setback, Minimum	10' Residential 0' Commercial	10' Residential 0' Commercial	10' Residential 0' Commercial
Interior-Side Yard Setback, Minimum2	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 25 ft.	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 25 ft.	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 25 ft.
Rear Yard Setback, Minimum3	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 25 ft.	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 25 ft.	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 25 ft.
Floor Area Ratio, Non- Residential and Mixed Use projects4	No min. for commercial only project. 0.20 min. commercial for mixed use projects. Minimum FAR may be calculated or distributed throughout a development and across multiple adjoining parcels. 0.50 max. Maximum FAR does not apply to hotels.	No min. for commercial only project. 0.10 min. commercial for frst 100 feet of parcel depth fronting a public street for mixed-use projects. Note: Minimum commercial FAR may be calculated or distributed throughout a development and across multiple adjoining parcels and is not required to be located within the frst 100 feet of parcel depth. 0.50 max. Maximum FAR does not apply to hotels.	No min. commercial FAR 0.50 max. Maximum FAR does not apply to hotels.
Building Height	60' and 5 stories	60' or 5 stories	60' or 5 stories
---	---	---	---
Landscaping	Refer to Section 6.04(G), Landscaping.	Refer to Section 6.04(G), Landscaping.	Refer to Section 6.04(G), Landscaping.
Parking	Refer to Section 6.04 (H) Parking.	Refer to Section 6.04 (H) Parking.	Refer to Section 6.04 (H) Parking.

1 For NCMU3 properties, density may be averaged over contiguous parcels.

2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.

3 See Note 2 above.

4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

Table XI-10-6.04-3

TC Zone Development Standards

Standards	TC1	TC2	TC3
Lot area minimum	None	None	None
Density, Minimum- Maximum Residential (Dwellings)1	Maximum: 65 du/ac	Maximum: 65 du/ac	Minimum: 30 du/ac Maximum: 65 du/ac
Front and Street-Side Yard Setback, Minimum	For ground foor non-residential use: 15 ft. For ground foor residential use: 20 ft. For developments along E. Calaveras Blvd. 35 ft.	For ground foor non-residential use: 15 ft. For ground foor residential use: 20 ft. For developments along E. Calaveras Blvd. 35 ft.	For ground foor non-residential use: 15 ft. For ground foor residential use: 20 ft. For developments along E. Calaveras Blvd. 35 ft.
Interior-Side Yard Setback, Minimum2	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 15 ft.	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 15 ft.	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required On lots abutting a single-family residential zone: 15 ft.
Rear Yard Setback, Minimum3	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required	For residential only and mixed-use developments: 10 ft. For all other non-residential developments: None required
	On lots abutting a single-family residential zone: 15 ft.	On lots abutting a single-family residential zone: 15 ft.	On lots abutting a single-family residential zone: 15 ft.
---	---	---	---
Floor Area Ratio, Non- Residential and Mixed Use projects4	No min. for commercial only project. 0.35 min. commercial for mixed use projects. Minimum commercial FAR may be calculated or distributed throughout a development and across multiple adjoining parcels. 0.85 max. Maximum FAR does not apply to hotels.	No min. for commercial only project. 0.10 min. commercial for frst 100 feet of parcel depth fronting a public street. Note: Minimum commercial FAR may be calculated or distributed throughout a development and across multiple adjoining parcels and is not required to be located within frst 100 feet of parcel depth 0.85 max. Maximum FAR does not apply to hotels.	No min. commercial FAR 0.85 max. Maximum FAR does not apply to hotels.
Building Height	75' and 6 stories	75' and 6 stories	75' and 6 stories
Landscaping	Refer to Section 6.04(G), Landscaping.	Refer to Section 6.04(G), Landscaping.	Refer to Section 6.04(G), Landscaping.
Parking	Refer to Section 6.04 (H) Parking.	Refer to Section 6.04 (H) Parking.	Refer to Section 6.04 (H) Parking.

1 For TC3 properties, density may be averaged over contiguous parcels.

3 See Note 2 above.

NCMU2 and TC2 Minimum Commercial Floor Area Diagram

==> picture [300 x 276] intentionally omitted <==

C.

Multi-Family Residential Density within Mixed Use zones.

1.

MXD Standards.

a.

The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.

b.

In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

2.

MXD2 Standards.

a.

The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.

Front and Street-Side Yard Setbacks. The following standards shall apply to front and street-side yard setbacks:

1.

All MXD, NCMU, and TC zones.

a.

Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of said easement as possible.

b.

Trellises, canopies and fabric awnings may project up to five (5) into minimum front and street side setback areas and public right of ways, provided they are not less than eight (8) feet above the sidewalk.

c.

All buildings shall be oriented towards the street. Primary building entrances shall be oriented toward the street. For buildings located on a corner lots, either street primary building entrances may be oriented to either street.

2.

MXD zones:

a.

All areas.

i.

Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the minimum setback areas provided at least sixty percent (60%) of the required setback area is landscaping.

ii.

A building's first floor may be recessed from either the maximum front and street side building setback line or the specified build-to-line for the purposes of an arcade, or a small gathering/dining or special entry area.

The arcade shall have a minimum height of (8) feet, a minimum width of eight (8) feet. Other recessed areas may have maximum depth of ten (10) feet, and may not exceed forty percent (40%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the back of the sidewalk.

b.

Within the Midtown Specific Plan.

i.

The Ground Level Commercial Area (as shown on the Specific Plan Land Use Map, Figure 3.1), shall have a build-to-line that is fifteen (15) feet behind the curb. The fifteen (15) feet between the curb and the building build-to-line shall be developed with sidewalk and street trees.

Setbacks are defined and illustrated in the street sections of Chapter 5 of the Transit Area Specific Plan.

c.

Outside the Transit Area Specific Plan.

i.

Minimum eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk.

E.

Floor Area Ratio, Non-Residential. In addition to the standards listed in Table 6.04-1 Mixed Use Zone Development Standards for MXD2 and MXD3 zoned properties, the following shall apply:

1.

A Floor Area Ratio of two and a half (2.5) for non-residential buildings may be considered for individual sites with a Conditional Use Permit, in accordance with Section 57, Conditional Uses Permitted by Commission,

of this Chapter.

2.

There are no FAR or density limits for hotels.

3.

In buildings which have ground floor retail, restaurant, child care, or commercial service uses as provided for in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the FAR calculation.

4.

Buildings which include both non-residential uses and residential uses on the upper floors shall be considered "non-residential," and Floor Area Ratio standards shall apply.

F.

Landscaping. All required front and street setback areas shall be landscaped or paved to allow for outdoor seating, display or goods, or street furniture.

G.

Park and Open Space Requirements for Residential Uses.

1.

Areas within Midtown Specific Plan.

a.

All residential projects within the Midtown Specific Plan area shall provide park land at a ratio of three and one-half (3½) acres per one thousand (1,000) population. Up to one and one-half (1½) of each three and one-half (3½) total park acres required (43%) may be satisfied by the provision of private recreational areas. The remaining park land requirement must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).

b.

3 or more bedrooms and/or 1,101 sf or larger: 2 per unit

b.

The minimum number of parking spaces required for commercial uses shall be 1 space per 300 sq. ft. of commercial use.

For other parking-related standards, refer to Section 53, Off Street Parking Regulations, of this Chapter.

TABLE IS EXCERPT FROM SECTION 53

TABLE IS EXCERPT FROM SECTION 53	TABLE IS EXCERPT FROM SECTION 53

Mixed Use buildings or sites
Residential use
Studio and 1 bedroom (up to 1,100 sf)	1 per unit
2 bedroom (up to 1,100 sf)	1.5 per unit
3 or more bedrooms and/or 1,101 sf or larger	2 per unit
Guest parking for residential
Projects with Parking structures	10% of the total required, may be uncovered
Projects with Private garages	10% of the total required, may be uncovered
Bicycle parking	5% of total required
Commercial use
Ground Floor Retail	1 per 300 sq. ft.
Ofce	1 per 300 sq. ft.
Restaurants	1 per 300 sq. ft.
Short-Term Rentals	1 per unit
---	---
Other uses	Refer to specifc uses within this table
Bicycle parking	5% of total auto spaces required
Mobile Homes	Refer to Section 13.07, Mobile Homes
Senior Housing	0.5 per unit plus 2 per manager's unit
Single Room Occupancy (SRO)	none required

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.828, §§ 2, 3, 2/21/17; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.785, § 5, 4/7/09; Ord. 38.777 (6) (part), 6/17/08)

XI-10-6.05 - Reserved

Editor's note— Ord. No. 38.785, § 6, adopted April 7, 2009, amended the Code by repealing former § XI10-6.05 in its entirety. Former § XI-10-6.05 pertained to off-street vehicle and bicycle parking, and derived from Ord. 38.777, adopted June 17, 2008.

XI-10-6.06 - Special Development Standards

Utilities.

1.

Utilities shall be placed in underground or subsurface conduits.

2.

All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.

3.

Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.

4.

Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

6.

Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.

7.

Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building, and be well landscaped.

8.

All telecommunications antennas shall be building facade or roof mounted and screened appropriately.

9.

On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e. "stealth" antennas) may be used.

B.

Outdoor music

1.

Outdoor music as an accessory use in conjunction with a restaurant or bar in the MXD, MXD2, MXD3, NCMU, and TC zones shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.

2.

Recorded background music may be permitted outdoors on public sidewalks and other public areas - subject to the standards of this Chapter and Title V - Public Health, Safety and Welfare, Chapter 213 Noise Abatement.

3.

4.

Larger outdoor music events, both live and recorded music, that are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.847, § 7, 8/16/22; Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

XI-10-6.07 - Exceptions to Standards

1.

Exceptions to all but the use, floor area ratio, density, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2.

In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following two additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

XI-10-6.08 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.795, § 23, 4/6/10)

Section 7 - Industrial Zones and Standards

XI-10-7.01 - Purpose and Intent

A.

Light Industrial (M1) Zone. The M1 Light Industrial District is reserved for the construction, use and occupancy of buildings and facilities for office, research, limited and light manufacturing, and other uses compatible with the district.

Heavy Industrial (M2) Zone. The M2 Heavy Industrial District is reserved for the construction, use, and occupancy of buildings and facilities for office, research, general manufacturing, warehousing and distribution and other uses compatible with the district.

C.

Industrial Park (MP) Zone. The MP District is intended to accommodate, in a park-like setting, a limited group of research, professional, packaging and distribution facilities and uses which may have unusual requirements for space, light, and air, and the operation of which are clean and quiet and which meet the standards set herein.

D.

Business Park Research and Development (BPRD) Zone. The purpose of the BPRD District is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry. The BPRD zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, warehouse, and light manufacturing uses on consolidated sites with supportive ancillary uses such as restaurants, health/fitness centers, limited retail, and child care facilities.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09)

XI-10-7.02 - Industrial Use Regulations

A.

Permitted and Conditionally Permitted Uses.

1.

Primary uses. The uses identified in Table XI-10-7.02-1, Industrial Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table XI-10-7.02-1 shall be permitted or conditionally permitted, as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
MCS	Where the symbol "MCS" appears the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staf, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
MC	Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by the Zoning Administrator, in accordance with Subsection XI- 10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

2.

In the BPRD zone, all uses and activities must take place within an enclosed building.

3.

Accessory Uses. The following accessory uses are allowed when incidental to the primary use:

a.

In M1 and MP zones, incidental services, such as restaurants and recreation facilities for employee use only and when conducted in and entered from within the building or campus.

b.

Cafeterias may be permitted when ancillary to a primary use and associated with business or industrial uses.

c.

Banquet halls may be permitted with a Conditional Use Permit, in accordance with Section XI-10-57.04, when ancillary to convention centers, hotels or motels.

d.

In the BPRD, business support services, convenience retail, commercial athletic facilities, child care centers, and restaurants with or without on-site service of alcohol.

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table XI-10-7.02-1.

2.

Uses that have been excluded from Table XI-10-7.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

C. Table XI-10-7.02-1

Industrial Zone Uses

Use	M1	M2	MP	BPRD
1. Commercial Uses
Alcoholic beverage sales	NP	NP	NP	C1
Adult businesses2	P	NP	NP	NP
Business support services	P	NP	P	MCS1
Convenience store	C	NP	C	NP
Furniture repair and reupholstery	P	NP	NP	NP
Grocery store	NP	NP	NP	NP
Personal services	C	NP	C	C
Printing (newspaper, blueprint, publishing)	P	NP	C	MC
Repair and cleaning, small items	P	NP	NP	NP
Retail, limited	C	NP	C	MCS1
Retail stores, general merchandise	C	NP	C	NP
2. Entertainment and Recreation Uses
Billiards	C	NP	C	NP
Commercial athletic facilities	C	NP	C	MCS1, 3
3. Health and Veterinarian Uses
Hospitals	NP	NP	C	NP
Kennel	P	NP	NP	NP
Medical support laboratories	P	NP	P	MC
Medical and dental ofces and clinics	P	NP	P	MC
Veterinarian hospital	P	NP	P	NP
4. Industrial Uses
Use	M1	M2	MP	BPRD
Advanced manufacturing	P	P	P	P
Assembly from pre-processed materials4	P	P	P	P
Auto assembly facility	NP	P	NP	MCS5 /NP
Bottling facility	P	P	NP	NP
Building material sales (equipment rental)6	NP	C	NP	NP
---	---	---	---	---
Commercial fueling facility	C	C	NP	NP
Commercial laboratory	P	P	P	P
Contractor's shop6	NP	P	NP	C
Custom and artisan manufacturing	P	MCS	P	MCS
Data centers	P	NP	P	P
Dry-cleaning plant	P	P	NP	NP
Film processing, photo fnishing and printing, etching, lithography, printmaking, and other similar creative industries	P	MCS	P	MCS
Freight and trucking yard6	NP	P	NP	NP
Mini-storage or self storage	C	C	NP	NP
Parcel hub	P	MCS	P	C
Plumbing, metalworking, glassworking or woodworking	P	P	NP	C
Plant or facility (assembly of goods, manufacturing, packaging, processing, repairing, etc. or materials, merchandise or products)	P	P	P	MC
Pottery or tile manufacturing	P	P	NP	C
Recycling processing facility	C	C	NP	NP
Research and development	P	MCS	P	P
Soils and materials testing laboratories	P	P	P	P
Warehousing and distribution	P	P	P	P/C7
Wholesale sales	P	P	P	P
5. Lodging Uses
Hotels/motels	C	NP	C	NP
6. Professional Ofce Uses
Ofces, business and professional	P	NP	P	P
Financial institutions (banks, savings and loans, etc.)	C	NP	P	NP
7. Public, Quasi-Public and Assembly Uses
Auditorium8	NP	NP	C	NP
Child care center	NP	NP	C1	MCS1
Conference center8	NP	NP	C	MCS
College and university, public or private9	NP	NP	NP	C
---	---	---	---	---
Vocational school	C	NP	C	C
Farmer's market10	NP	NP	C	MC
Use	M1	M2	MP	BPRD
Public utilities11	P	P	P	NP
Transportation facility (taxi, parcel service, armored car, etc.)6	NP	P	NP	NP
Temporary Public Safety Uses12	C	C	C	NP
Places of assembly13	C	NP	C	NP
8. Residential Uses
Caretaker's residence	C	C	NP	NP
9. Restaurants or Food Service Uses
Catering establishment	P	NP	P	MC
Restaurants
With on-site service of alcohol	C	NP	C	C1
Without on-site service of alcohol	C	NP	C	MCS1
With live entertainment/dancing	NP	NP	NP	NP
Drive-in or drive-thru	C	NP	C	NP
Mobile Food Vending (individual vehicle)14	P	P	P	P
Mobile Food Park	NP	NP	NP	NP
Commissary	P	NP	P	MC
10. Vehicle Related Uses
Auto junk yard6	NP	C	NP	NP
Auto repair (tire, oil change, smog check, etc.)15	C	P	C16	NP
Mobile Fueling17	P/C	P/C	P/C	P/C
Service stations (with or without repair or retail)15	C	C	C	NP
With car wash	NP	C	C	NP
Vehicle sales and rental (auto, RV and truck-new and used in operable condition)18	C	C	C16	NP
Auto broker (wholesale, no vehicles on site)13	MCS	MCS	MCS	NP

1 Limited to accessory uses that support primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and convenience retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public.

2 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI-10-13.04, Adult Businesses, of this Chapter.

3 Maximum 8,000 gross square feet in size.

4 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products.

5 Consistent with the intent and purpose of the BPRD Zone to support emerging industries within the high-tech sector, manufacturing and assembling of electric vehicles and other zero-emission vehicles, and/or component parts for such vehicles, may be permitted in this zone through approval of a Minor Conditional Use Permit in accordance with Subsection 57.04 of this Chapter. Manufacturing and assembling of conventional and hybrid vehicles with internal combustion engines, as a higher-intensity industrial use, is not permitted in the BPRD Zone.

6 When conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g., chain link with slats) not less than eight feet in height.

7 Warehousing and distribution facilities up to 200,000 square feet are permitted in the BPRD Zone. Warehousing and distribution facilities that exceed 200,000 square feet may be allowed through the approval of a Conditional Use Permit, in accordance with Subsection 57.04 of this Chapter. In addition to the general required findings for a Conditional Use Permit, the following special finding must be made for approval to be granted for a warehousing and distribution facility greater than 200,000 square feet: That the proposed use will support the continued operations and/or growth of business in the high-tech sector, contributing to economic activity and employment opportunities in the Business Park Research and Development Zone.

8 Shall be ancillary to the primary use or associated with business or industrial uses.

9 State has authority over permitting process regarding public facilities.

10 Refer to Subsection XI-10-13.10, Farmers Markets, of this Chapter.

11 Includes service facilities, electric transmission and distribution substations and public utility service centers.

12 See Subsection XI-10-13.11(I), Temporary Public Safety Uses.
13 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards.
14 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

15 Entrances to the services bays shall not be open to the street, but shall be so designed to face the rear or interior side property line.

16 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships.

17 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles may be permitted subject to approval of a Conditional Use Permit. Refer also to the California Fire Code as amended by the City of Milpitas Municipal Code, Title V, Chapter 300.

18 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.848, § 8, 11/15/22; Ord. No. 38.845, § 8, 6/21/22; Ord. No. 38.837, §§ 7, 8, 11/5/19; Ord. No. 38.836, § 5, 9/3/19; Ord. No. 38.827, § 2, 2/21/17; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, §§ 24, 25, 4/6/10; Ord. No. 38.789, § 9, 4/21/09)

XI-10.7.03 - Industrial Zone General Development Standards

The following minimum or maximum requirements shall be observed.

Table XI-10-7.03-1

Industrial Zone Development Standards

Standard	M1	M2	MP	BPRD
Lot Area, minimum	None	None	Individual sites shall be of such size to that all space requirements in this table are satisfed.	25,000 sq. ft.
Lot Width, minimum	None	None	100 ft.	100 ft.
Front Yard Setback, minimum	Along major street: 35 ft. from face of curb. Along non-major street: 25 ft. from face of curb.	Along major street: 35 ft. from face of curb. Along non-major street: 25 ft. from face of curb.	35 ft.	10 ft.
Side Yard Setback (interior), minimum	None	None	10 ft.	None; 20 ft where abutting an R zone
Street Side Yard Setback, minimum	Same as front yard setback	Same as front yard setback	Same as front yard setback	Same as front yard setback
Rear Yard Setback, minimum	None	None	20 ft.	None; 20 ft where abutting an R zone
Building Height, maximum	None. However, prior to construction of any structure that exceeds three (3) stories or thirty-fve (35) feet in height, the Planning Commission must make the following fnding: That any such excess height will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.			80 ft/5 stories
Parking Setback from street-facing property line, minimum	None	None	None	Surface parking: 25 ft Truck or bus parking: 40 ft
Parking	Refer to Section 53,	Of Street Parking, of	this Chapter.
Floor Area Ratio	0.40 Maximum	0.40 Maximum	0.50 Maximum	Minimum 0.35 Maximum 2.5
Landscaping	Refer to Subsection	7.03(B)

B.

Areas of Lot Required to be Landscaped. Landscaped areas shall mean any area planted with plant material (trees, shrubs, ground cover, etc.). Landscape areas shall be exclusive of parking and vehicular traffic area (direct driveways excepted) and this shall be shown on the site plan in detail for Planning Commission approval.

The following areas shall be landscaped:

1.

Required front yard area.

2.

Required street side yard area.

This may be adjusted, by the Planning Commission, if it is found that adequate landscaping adjacent to the building(s) is provided to compensate for a reduction.

C.

Fences, Hedges and Walls. All planting, fencing and walls for new development, including but not restricted to fences and walls along rear and interior side property lines shall be approved by the Planning Commission. Modifications regarding landscaping, fencing and walls at existing developed sites shall be subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter.

D.

Utilities. All wires, pipes, cables and utility connections shall be placed in underground or subsurface conduits. All above ground transformers and vaults for new development shall be adequately screened to the approval of the Planning Commission. Modifications regarding subsurface conduits or above ground transformers and vaults at existing developed sites shall be subject to the provisions of Subsection 54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

E.

Areas for Collecting and Loading Recyclable Materials. There shall be provided areas for collecting and loading recyclable materials in accordance with the requirements of Subsection 54.12, Areas for collecting and loading recyclable materials, of this Chapter.

F.

Legal Nonconforming projects. Existing developments lawful at the time of installation or improvements which have been approved and a building permit issued prior to June 17, 1982, and installed in conformance with said approval and permit are considered legal nonconforming projects.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09)

Emit no smoke. This does not preclude the use of backup or emergency generators.

d.

Discharge into the air no dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing.

e.

Produce no heat or glare perceptible beyond the lot boundaries.

f.

Utilize all lighting in a manner which produces no glare on public streets or on any other parcel.

g.

Produce no physical vibrations perceptible at or beyond the lot boundaries.

h.

Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standards or methods or operation established by the Nuclear Regulatory Commission. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.

i.

Do not engage in the production or storage of any material designed for use as an explosive, or in the use of such material in production.

j.

Indicate that all industrial uses shall use only gas, electricity, or preheated oil as a fuel; provided, however, that oil-burning equipment may be installed for stand-by emergency use only.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.837, § 9, 11/5/19; Ord. No. 38.827, § 3, 2/21/17; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09)

XI-10-7.05 - Special Design Standards for the BPRD Zone

A.

Building Entrances.

1.

At least one building entrance must be provided along the primary street frontage.

2.

The primary building entrance must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area and with a minimum depth of five feet.

B.

Façade Design and Articulation.

1.

Façades within 20 feet of a front or street side property line shall include windows, doors, other openings, or glazed areas for at least 40 percent of the building wall area located between 2.5 feet above the level of the sidewalk and the underside of the roof structure for portions of the façade within 75 feet of the streetfacing main entry.

2.

No street-facing façade may run in a continuous plane for more than 90 feet without an opening.

Figure 7.05-1: Façade Design and Transparency

==> picture [361 x 132] intentionally omitted <==

3.

All building façades must incorporate window trim and/or window recesses, architectural features, changes in material, changes in texture, or similar design elements that add visual interest to the façade. This includes a varied palette of materials, textures, and colors that emphasize details and changes in plane.

C.

Pedestrian and Bicycle Circulation.

A system of pedestrian walkways shall connect all primary building entrances on a site to each other, to onsite vehicle and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops. Walkways may be located within public utility easement areas provided they are publicly accessible.

2.

Walkways between the primary building entrance and sidewalk shall be the shortest practical distance, generally no more than 125 percent of the straight-line distance.

3.

Walkways shall be hard-surfaced and paved with materials that are visually distinct from vehicular access areas in terms of composition, texture, and/or color.

4.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving appearance, material, or similar method.

5.

Where a required walkway is parallel and adjacent to a vehicle travel area, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Figure 7.05-2: On-Site Circulation

==> picture [240 x 261] intentionally omitted <==

D.

Site Design for Large Projects. Projects over 80,000 gross square feet must provide the following:

Landscaped areas and usable outdoor common open space [see Subsection XI-10-7.05(D)(2)] equal to a cumulative 10 percent of the site area that:

a.

Provides gathering space or opportunities for active or passive recreation and benches or other seating.

b.

Provides amenities that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art.

c.

Is separated from on-site parking areas by a minimum of 6 feet.

d.

May include on-site stormwater treatment areas and landscaped areas.

2.

A minimum of 400 square feet of outdoor eating facilities for the use of employees. Outdoor eating areas shall have a minimum dimension of 12 feet and shall include tables, seating and covering to provide protection from sun and weather conditions. Employee eating areas must be contiguous with required on-

site public open space or provided in a separate area. This area may be included as part of the open space requirement.

3.

Stormwater detention facilities incorporated into the site landscaping. Refer also to Subsection VIII-5-3, Provisions for New and Rehabilitated Landscapes.

4.

A lighting, landscaping, and signage design concept for common areas. Refer also to Subsection XI-1054.17 for general lighting standards and to Subsection XI-10-24 for general signs standards.

E.

Landscaping.

1.

The following areas shall be landscaped and may count toward the total area of site landscaping required by the zoning district standards.

a.

Street-Facing Setbacks, as required in Section 10-7.03.B of this Chapter.

b.

Interior Property Lines Abutting Residential Districts. A six-foot-wide landscape buffer yard planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least 15-gallon size shall be planted per 20 linear feet or as appropriate based on canopy size at maturity to create a tree canopy over the buffer yard. In addition, at least three shrubs shall be planted per 20 lineal feet. At least 10 percent of the required trees shall be 24-inch box size.

c.

Building Perimeters. The portions of a building that face a public street or parking areas shall have one or more landscape planters, each a minimum of four feet in depth, installed along a minimum 20 percent of street-facing façades. This 20 percent may include landscape buffers located below windows and other transparent portions of the façade.

Figure 7.05-3: Landscape Planters

==> picture [348 x 153] intentionally omitted <==

d.

Parking Areas. A minimum of 10 percent of any parking lot area shall be landscaped in the form of planted islands between rows of parking or between parking stalls. For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas.

e.

Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state.

2.

Landscaping Materials. In addition to the standards of Section VIII-5-3, Provisions for New and Rehabilitated Landscapes, the following landscape standards apply.

a.

General. Landscaping must consist of a combination of groundcovers, shrubs, vines, and trees. Landscaping may also include incidental features including stepping stones, benches, fountains,

sculptures, decorative stones, or other ornamental features, placed within a landscaped setting. Landscaped areas may include paved or graveled surfaces, provided they do not cover more than 10 percent of the area required to be landscaped.

b.

Plant selection. Plants must be selected to control erosion and provide protection from wind and summer sun.

c.

Ground Cover Materials. Ground cover shall be of live plant material. Groundcover may include grasses. Non-plant materials including gravel, colored rock, cinder, bark, and similar materials shall not be used to meet the minimum planting area requirements required by this section, except with approval by the Zoning Administrator. Mulch must be confined to areas underneath shrubs and trees and is not a substitute for ground cover plants.

d.

Turf Allowance. The maximum amount of lawn in required landscape areas shall be 20 percent except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The installation of turf on slopes greater than 25 percent is prohibited.

e.

Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of adequate size and spacing at the time of installation to provide ample vegetation coverage. Minimum requirements include:

i.

Ground Covers. Ground cover plants other than grasses must be at least the four-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 24 inches on center or less.

ii.

Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.

iii.

Trees. Tree canopies shall cover a minimum of 30 percent of the total required landscape area. Of the total number of trees provided on site, at least 20 percent shall be of the same species.

(a)

A minimum of 15 percent of the trees planted shall be 24 inch-box or greater in size. All other trees shall be a minimum of 15 gallons in size with a one-inch diameter at breast height (dbh).

(b)

Newly planted trees shall be supported with double stakes or guy wires and tree guards per International Society for Arboriculture and American National Standards Institute standards.

(c)

Any trees planted along a sidewalk shall be 15 gallon trees no more than 30 feet apart on center.

(d)

Any tree to be planted along a lot line or adjacent to a structure shall be no closer to said lot line or structure than one-half the diameter of the particular species' drip line at maturity, measured from the center of the tree. Any tree that cannot be planted in the ground shall be planted in a planter box at least twice the width and depth of the root ball plus one additional foot in container diameter for every four feet of mature tree height.

F.

Parking and Loading.

1.

Parking Location.

a.

Required parking spaces shall be located on the same lot as the use they serve.

b.

Parking areas shall be set back from adjacent buildings and streets as follows:

i.

From Streets. Where parking is located between a building and street, a landscaped setback at least 10 feet wide must be provided between the parking area and adjacent right-of-way.

ii.

From On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways at least five feet in width.

c.

On-site parking shall not be located within a required setback.

2.

Parking Design.

a.

Access. Driveways shall not exceed 35 feet in width, except that driveways providing large truck access to truck bays shall not exceed 40 feet in width. All driveways must be located a minimum of 50 feet from the boundary of an abutting residential or open space zone.

b.

Screening. Parking and loading areas shall be screened from view from public streets and properties in abutting residential, mixed-use, or commercial zones, according to the following standards.

i.

Height. Screening of parking lots from adjacent public streets shall be a minimum of three feet in height. Screening of parking lots along interior lot lines that abut residential or open space districts shall be a minimum of six feet in height.

ii.

Design. Screening should generally be opaque, but may have some degree of transparency depending on method used (e.g., plant material), and must consist of one or any combination of the methods listed below:

(a)

Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material and including a decorative cap or top finish as well as edge detail at wall ends.

(b)

Fences. An open fence of wood, wrought iron or similar high-quality, durable material combined with plant materials. This option does not include the use of chain-link or vinyl fencing.

(c)

Planting. Plant materials consisting of compact evergreen plants. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.

(d)

Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

3.

Loading Areas. Truck docks, loading areas, and service areas within 100 feet of a public street shall not be visible from the public street. The outermost point of the truck docks, loading, and service areas are not permitted within 50 feet of the boundary of a residential district.

G.

Lighting.

1.

Fixtures. All exterior lighting fixtures shall be oriented downward, fully shielded, and certified by the International Dark Sky Association to prevent light intrusion into adjacent building buildings and sensitive habitat such as riparian habitat, streams, and wetlands.

2.

Controls. All exterior lighting must be capable of accepting controls that enable dimmers, timers motion sensors, or networking to avoid unnecessary lighting and energy use, especially in areas adjacent to sensitive habitat, such as riparian habitat, streams, and wetlands.

3.

On-Site Lighting.

a.

Ground-floor building façades and other areas, including parking lots, driveways, pedestrian and bicycle circulation areas, and recesses, shall be illuminated with lighting fixtures that meet the following minimum standards:

i.

Open parking lots: One foot-candle at ground level.

ii.

Pedestrian paths/bike paths: One foot-candle at ground level.

iii.

Covered parking: Five foot-candles at ground level.

b.

Electrical elements for exterior building lighting such as wires, conduits, and panel boxes shall be concealed from public view or painted to match the background surface color.

c.

Parking lot lighting shall be designed and installed so that light and glare is not directed onto residential use areas, adjacent public rights-of-way, or sensitive habitat, such as riparian habitat, streams, and wetlands.

4.

Prohibited Lighting. The following types of exterior lighting are prohibited:

a.

Mercury vapor luminaires;

b.

Searchlights;

c.

Sky beams;

d.

Upward-directed fixtures; and

Aerial lasers.

(Ord. No. 38.855, § 6, 6/18/24)

Editor's note— Ord. No. 38.855, § 6, adopted June 18, 2024, amended the Code by renumbering former § XI-10-7.05 as a new § XI-10-7.06, and adding a new § XI-10-7.05.

XI-10-7.06 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, § 26, 4/6/10; Ord. No. 38.789, § 9, 4/21/09)

Editor's note— Former § XI-10-7.05. See editor's note, § XI-10-7.05.

Section 8 - Planned Development Zones and Standards

XI-10-8.01 - Purpose and Intent

The purpose of the Planned Development Zoning District is to allow diversification and flexibility in the relationships of various buildings, structures, land uses, open spaces and other features associated with large mixed-use development and to encourage flexibility of site planning and land use to create desirable environments that otherwise may not be achieved under conventional zoning requirements for large developments. The standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of modern site planning for mixed residential, commercial, or industrial purposes.

(Ord. No. 38.814, § 3, 4/15/14)

XI-10-8.02 - Planned Development Requirements

Minimum Standards and Requirements.

1.

Planned Development Zoning Districts may only be established on mixed-use, commercial or industrial designated parcels on the Milpitas General Plan and Zoning Maps with a minimum size of twenty (20) acres in strict conformance with the requirements of this Section. In order to meet the minimum size of twenty (20) acres, all parcels in the proposed district shall be adjacent, contiguous, or within eight hundred (800) feet from each other.

2.

Application for a Planned Development Zoning District shall only be considered by the Planning Commission or City Council if the City receives written consent, acceptable to City, from each property owner or others, as applicable, controlling the use of all property within such proposed district.

3.

Planned Development Zoning District shall not be permitted within the Midtown or Transit Area Specific Plan areas.

4.

Application for a Planned Development Zoning District shall be processed as General Plan and Zoning amendments in accordance with this Section and Section XI-10-57.02 of this Chapter.

5.

Application for a Planned Development Zoning District shall be on an application form prescribed by the Planning Division and include each of the following:

i.

A specific development plan showing the proposed use or uses, locations of all proposed structures, vehicular and pedestrian circulation, parking, public facilities, utilities, landscaping, stormwater treatment, waste collection, open spaces, and any additional information required by the Planning Division; and

ii.

Architectural drawings, plans and renderings demonstrating the design, elevation, and character of the proposed uses and structures, and the physical relationship of the uses and structures; and

iii.

General plan and zoning consistency analysis, significant public benefit proposal, phasing proposal for development, if any, and required information and documents for environmental review; and

iv.

Current title report demonstrating current ownership interests in all of the property located in the proposed district; and

v.

Other data, information or document as required by the Planning Division to more fully understand the proposed development and its potential impact to the community.

6.

Development standards for lot coverage, floor area ratio, density, building setback, height, parking, and other requirements shall be governed by the standards of the commercial, industrial or mixed-use zoning district(s) or use most similar in nature and function to the proposed Planned Development Zoning District. Any deviation to these standards may be reviewed by the Planning Commission and approved by the City Council if these bodies find that such exception encourages a desirable environment, the proposed development will provide a significant public benefit to the community, and the deviations will not impact public health, safety and welfare.

(Ord. No. 38.814, § 3, 4/15/14)

XI-10-8.03 - Preliminary Application

A.

The Planning Director, in her/his discretion, may require an applicant to submit a preliminary application with a preliminary development plan and letter of intent for review by the Planning Commission and City Council prior to submitting an application for General Plan and Zoning amendments for a Planned Development Zoning District. The preliminary application provides an opportunity for the Planning Commission and City Council to review the conceptual development proposal and provide feedback prior to the applicant and Planning Division incurring significant time and cost. The preliminary development plan and letter of intent as part of the preliminary application shall include each of the following:

1.

Proposed land uses, building locations and square footage, density, and floor area ratio; and

2.

Proposed parks, open spaces, landscape areas, public art, and significant public benefits; and

3.

Proposed pedestrian and vehicular circulation pattern; and

4.

General project description and summary; and

5.

General Plan and zoning consistency analysis; and

Any additional data, information, or document as determined by the Planning Director to be helpful for the Planning Commission and City Council to more fully understand the conceptual development proposal.

(Ord. No. 38.814, § 3, 4/15/14)

XI-10-8.04 - Planned Development Zoning District Effectuated

A.

After a Planned Development Zoning District has been approved by the City Council, the base zoning district in effect as of the date of the application submitted to the City for a Planned Development Zoning District shall continue to apply until the Planned Development Zoning District has been effectuated by any of the following:

1.

Approval of a final map in full compliance with the Planned Development Zoning District; or

2.

Approval of a building permit in full compliance with a duly issued Site Development Permit for the Planned Development Zoning District; or

3.

Commencement of a use consistent with the Planned Development Zoning District.

B.

Except where a Planned Development Zoning District has been effectuated, the regulations for uses, lot coverage, floor area ratio, density, building setback, height, parking, and other requirements applicable to its base zoning district shall continue to apply to all property located in Planned Development Zoning District.

C.

When a Planned Development Zoning District has been effectuated, the provisions of such Planned Development Zoning District approved by the City Council shall prevail over the regulations applicable to the base zoning district.

(Ord. No. 38.814, § 3, 4/15/14)

Section 9 - Metro Area Zones and Standards

XI-10-9.01 - Purpose and Intent

A.

Metro Multi-Family High Density Residential ("R3-Metro") Zoning District. The purpose of the R3-Metro zoning district is to create and enhance high-density residential areas (densities in the range of 30 to 40

dwelling units per acre) characterized by a mix of multi-family unit types and small-scale neighborhood businesses where appropriate. The R3-Metro zone implements the Multi-Family High Density Residential (MFH) land use designation as described in the Metro Specific Plan.

B.

Metro Multi-Family Very High Density Residential ("R4-Metro") Zoning District. The purpose of the R4-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 40 to 85 dwelling units per acre) characterized by low- and mid-rise multi-family residential buildings and compatible commercial uses where appropriate. The "R4" District is intended to provide for higher-density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks. The R4-Metro zone implements the Multi-Family Very High Density Residential (VHD) land use designation as described in the Metro Specific Plan.

C.

Metro Urban Residential ("R5-Metro") Zoning District. The purpose of the R5-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 70-120 dwelling units per acre) characterized by high-rise residential buildings and compatible commercial uses structured around transit stations. The R5-Metro zone implements the Urban Residential (URR) land use designation as described in the Metro Specific Plan.

D.

Metro High Density Mixed Use ("MXD2-Metro") Zoning District. The purpose of the MXD2-Metro zoning district is to create and enhance areas with a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor and residential or office uses on upper stories, while maintaining a pedestrian-oriented streetscape (mixed-use FARs in the range of 1.0 to 2.5 and residential densities in the range of 40 to 85 dwelling units per acre). It is intended that the required active ground floor uses will ensure neighborhood-oriented retail and services are provided within walking distance of high-density residential development. The MXD2-Metro zone implements the Residential Retail Mixed Use (RRMU) land use designation as described in the Metro Specific Plan.

E.

Metro Very High Density Mixed Use ("MXD3-Metro") Zoning District. The purpose of the MXD3-Metro zoning district is to create and enhance urban areas characterized by a mix of very-high density housing, retail and employment uses (mixed-use FARs in the range of 2.5 to 5.0 and residential densities in the range of 85 to 250 dwelling units per acre). The MXD3-Metro zone implements the Boulevard Very High Density Mixed Use (BVMU) land use designation as described in the Metro Specific Plan.

F.

Metro Business Park Research and Development, Limited Residential; (BPRD-R-Metro) Zone. The purpose of the BPRD-R-Metro zoning district is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry, with limited, integrated residential development (mixed-use FARs in the range of 1.0 to 5.0). The BPRD-R-Metro zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, other light industrial uses, and

limited residential uses. It also enables the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-R-Metro zone implements the Business Park Research and Development, Limited Residential (BPRD-H) land use designations as described in the Metro Specific Plan.

G.

Metro Business Park Research and Development (BPRD-Metro) Zone. The purpose of the BPRD-Metro zoning district is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry (FARs in the range of 1.0 to 2.5, with additional FAR up to 4.0 for properties within 1,000 feet of the Milpitas Transit Center). The BPRD-Metro zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-Metro zone implements the Business Park Research and Development (BPRD) land use designation as described in the Metro Specific Plan.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.02 - Metro Area General Use Regulations

A.

Permitted and Conditionally Permitted Uses.

1.

Primary uses. The uses identified in Table XI-10-9.02-1, Metro Area Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table XI-10-9.02-1 shall be permitted or conditionally permitted, as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
MCS	Where the symbol "MCS" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staf, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
MC	Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by the Zoning Administrator, in accordance with Subsection XI- 10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table XI-10-9.02-1.

2.

The following uses are not permitted in any Metro zone:

a.

Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter.

b.

Disinfecting and extermination business.

c.

Outdoor storage of vehicles.

d.

Private self-storage facilities.

e.

Drive through uses (restaurants, pharmacies, etc.).

C.

Mixed Use Development. Where a single parcel is proposed for development with two or more of the land uses listed in Table 9.02-1, Metro Area Zone Uses at the same time, the overall project will be subject to the permit with the highest level of review required by the Table for any individual use.

D.

Residential uses on Activity Streets and Neighborhood Streets. Residential units are not allowed on the ground floor facing any right-of-way designated as an Activity Street or Neighborhood Street by the Metro Specific Plan Figure 4-6, unless allowed by Subsection 9-05.B. Other residential spaces such as lobbies and common areas are permitted on the ground floor facing an Activity Street in accordance with Table XI10-9.02-1.

E. Table XI-10-9.02-1 Metro Area Zone Uses

Uses	R3 Metro	R4 Metro	R5 Metro	MXD2 Metro	MXD3 Metro	BPRD- R Metro	BPRD- Metro	Additional Regulations
Commercial
Alcoholic Beverage Sales	C1	C1	C1	C	C	C	C1
Business Support Services	NP	NP	NP	MCS	MCS	MCS1	MCS1
Convenience store	MC	MC	MC	MCS	MCS	NP	NP	Refer to Subsection XI- 10-9.03(A), Special Uses
Grocery Store	NP	NP	NP	C	C	NP	NP
Grocery Store, Small	P	P	P	P	P	NP	NP	Refer to Subsection XI- 10-9.03(A), Special Uses
Pawnshop	NP	NP	NP	C	C	NP	NP	Refer to Subsection XI- 10-9.03(C), Special Uses
Personal Services	MCS 2	MCS 2	MCS 2	P2	P2	C	C	Refer to Subsection XI- 10-9.03(A), Special Uses
Pet Shops	NP	NP	NP	MC	MC	NP	NP
Repair and Cleaning, Small Items	NP	NP	MCS	P	P	NP	NP	Refer to Subsection XI- 10-9.03(A), Special Uses
Retail, Limited	C3	P	P	P	P	P1	P1	Refer to Subsection XI-
								10-9.03(A), Special Uses
---	---	---	---	---	---	---	---	---
Retail Stores, General Merchandise	C3	P	P	P	P	NP	NP	Refer to Subsection XI- 10-9.03(A), Special Uses
ThriftShop
Retail only	NP	NP	NP	P	P	NP	NP	Refer to Subsection XI-
With collections	NP	NP	NP	C	C	NP	NP	10-9.03(A), Special Uses
Entertainment and Recreation
Commercial Athletic Facilities	NP	NP	NP	P	P	MCS1	MCS1
Golf Course	NP	NP	NP	NP	NP	NP	NP
Recreation or Entertainment Facility	NP	NP	NP	C	C	NP	NP
Health and Veterinarian Uses
Animal Grooming (no boarding)	NP	NP	NP	MC	MC	NP	NP
Hospitals or Sanitariums	NP	NP	NP	C	C	NP	NP	Refer toSubsection XI-10-9.03(B), Quasi-Public Uses
Massage Establishment	NP	NP	NP	MC/MCS 4	MC/MCS 4	C1	C1	Refer to Title III, Chapter 6 of the Milpitas Municipal Code and to Subsection XI- 10-13.16
Medical and Dental Ofces and Clinics	NP	NP	NP	P	P	MC	MC
Medical Support Laboratories	NP	NP	NP	P	P	MC	MC
Optician and Optometrist Shop	NP	NP	NP	P	P	MC	MC
Pharmacy or Drug Store	NP	MCS	MCS	P	P	MC	MC
---	---	---	---	---	---	---	---	---
Veterinary Clinic	NP	NP	NP	P	P	NP	NP
Industrial Uses
Advanced Manufacturing	NP	NP	NP	NP	NP	P5	P5
Agriculture	P6	NP	NP	NP	NP	NP	NP
Art and Artisan Studio	NP	NP	NP	P	P	MCS	P
Commercial Laboratory	NP	NP	NP	NP	NP	P	P
Contractor's Shop	NP	NP	NP	NP	NP	NP	NP
Custom and ArtisanManufacturing	NP	NP	NP	MCS	MCS	MCS	MCS
Manufacturing, Assembling, Packaging, and Processing Facility	NP	NP	NP	NP	NP	MCS	MCS
Parcel hub	NP	NP	NP	NP	NP	NP	MC
Printing (Newspaper, Blueprint, Publishing)	NP	NP	NP	NP	NP	NP	MC
Research and Development	NP	NP	NP	NP	NP	P5	P5
Soils and materials testing laboratories	NP	NP	NP	NP	NP	P	P
Warehousing and Distribution	NP	NP	NP	NP	NP	NP	NP
Wholesale Sales	NP	NP	NP	NP	NP	MC	MC
Lodging Uses
Bed and Breakfast	P	P	P	P	P	NP	NP
Boarding Houses	C	C	C	C	C	NP	NP
Hotels	NP	NP	NP	P	P	P	P
Motels	NP	NP	NP	NP	NP	NP	NP
Short-Term Rentals	P	P	P	P	P	NP	NP	Refer to Subsection XI-

10-13.17, Short-Term Rentals

								10-13.17, Short-Term Rentals
Professional Ofces Uses
Ofces, Business	C	C	C	P	P	P	P
and Professional
Financial institutions	NP	MCS	MCS	P	P	MCS1	MCS1
(banks, savings and
loans, etc.)
Public, Quasi-Public and Institutional/Assembly Uses
College and	NP	NP	NP	C	C	P	P
university, private
Conference Center	NP	NP	NP	NP	NP	C	C
Community Garden	P	P	P	P	P	P	P
Day Care Center	MC	MC	P	P	P	P1	P1	Refer to
								Subsection XI-
								10-13.06,
								Large Family
								Child Care and
								Child Care
								Centers
								10-13.17, Short-Term Rentals
---	---	---	---	---	---	---	---	---

Professional Ofces Uses
Ofces, Business and Professional	C	C	C	P	P	P	P
Financial institutions (banks, savings and loans, etc.)	NP	MCS	MCS	P	P	MCS1	MCS1

Public, Quasi-Public and Institutional/Assembly				Uses
College and university, private	NP	NP	NP	C	C	P	P
Conference Center	NP	NP	NP	NP	NP	C	C
Community Garden	P	P	P	P	P	P	P
Day Care Center	MC	MC	P	P	P	P1	P1	Refer to Subsection XI- 10-13.06, Large Family Child Care and Child Care Centers
Farmer's Market	MC	MC	MC	MCS	MCS	MCS	MCS	Refer to Subsection XI- 10-13.10, Farmers Markets
Instruction, Group	MC	MC	MC	MCS	MCS	NP	NP
Instruction, Private	MCS	MCS	MCS	P	P	NP	NP
Park, Playground or Community Center	O7	O7	O7	O7	O7	O7	O7
Places of Assembly	MC	MC	MC	MCS	MCS	NP	NP
Public Utilities	NP	NP	NP	NP	NP	NP	NP
Schools, private (elementary, middle, high)	C	C	C	C	C	C	C
Theater (indoor)	NP	NP	NP	C	C	NP	NP
Trade and Vocational School	NP	NP	NP	C	C	C	C
---	---	---	---	---	---	---	---	---
Transportation Facilities	C	C	C	C	C	NP	NP
Residential Uses
Court Dwellings	P	P	P	P	P	NP	NP
Duplex (two dwellings)	NP	NP	NP	NP	NP	NP	NP
Group Living Accommodations	C	C	C	C	C	C	NP
Live/Work	C8	C8	C8	MCS	MCS	MCS	NP
Multi-Family Dwellings	P	P	P	P	P	P	NP
Residential Care Facility	P	P	P	P	P	P	NP
Single-Room Occupancy Residences	MC	MC	MC	MC	MC	NP	NP	Refer to XI-10- 13.13, Special Uses, Single Room Occupancy Residences
Transitional and Supportive Housing	P	P	P	P	P	P	NP	Refer to CA Government Code Sec. 65582
Restaurants or Food Service
Bar or Nightclub	NP	NP	NP	C9	C9	NP	NP
Brewery/ Eateries	NP	NP	NP	MCS9	MCS9	NP	NP
Catering Establishment	NP	NP	NP	C	C	NP	NP
Commissary	NP	NP	NP	NP	MC	NP	NP
Mobile Food Park	NP	NP	NP	MC	MC	NP	NP	Refer to Subsection XI- 10-13.18, Mobile Food Vending
Mobile Food Vending (individual vehicle)	P	P	P	P	P	P	P	Refer to Subsection XI- 10-13.18, Mobile Food Vending
---	---	---	---	---	---	---	---	---
Restaurants
With on-site service of alcohol	C3	C	C	P/C10	P/C10	C1	C1	Refer to Subsection (XI-10-9.03(C) (5)
Without on-site service of alcohol	MCS 3	P	P	P/C10	P/C10	P1	P1	Refer to Subsection (XI-10-9.03(C) (5)
With music (indoor/outdoor)	NP	NP	NP	P9	P9	NP	NP	Refer to Subsection (XI-10-9.03(C) (5)
With other live entertainment	NP	NP	NP	C11	C11	NP	NP	Refer to Subsection (XI-10-9.03(C) (5)
Vehicle Related Uses
Auto Broker (wholesale, no vehicles on site)	NP	NP	NP	MCS	MCS	NP	NP
Auto Rental	NP	NP	NP	MC12	MC12	NP	NP
Auto Sales	NP	NP	NP	NP	NP	NP	NP
Mobile Fueling13	P/NP	P/NP	P/NP	P/NP	P/NP	P/NP	P/NP	Refer to the California Fire Code as amended by the City of Milpitas Municipal Code, Title V, Chapter 300.
Service Stations	NP	NP	NP	NP	NP	NP	NP
Auto Repair Shop	NP	NP	NP	NP	NP	NP	NP

Accessory and Temporary Uses

Accessory and Temporary Uses	Accessory and Temporary Uses	Accessory and Temporary Uses	Accessory and Temporary Uses	Accessory and Temporary Uses	Accessory and Temporary Uses	Accessory and Temporary Uses	Accessory and Temporary Uses	Accessory and Temporary Uses
Accessory Dwelling Unit	P	P	P	P	P	P	NP	Refer to Subsection XI- 10-13.08, Accessory Dwelling Units
Model home complex	P	P	P	P	P	NP	NP	Refer to Subsection XI- 10-13.11(E), Model Home Complexes and Sales Ofces
Large family child care home	P	P	P	P	P	P	NP	Refer to Subsection XI- 10-13.06, Large Family Child Care and Child Care Centers
Small family child care home	P	P	P	P	P	P	NP
Temporary seasonal sales	NP	NP	NP	P	P	NP	NP	Refer to Section 13.11, Temporary Uses and Structures

1 Limited to accessory use that supports primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and limited retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public.

2 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.

3 No exterior display or advertising and such activities are conducted in spaces which are integral parts of a main building.

4 Allowed with an MCS when an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed with an MCS when an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.

5 A Conditional Use Permit is required for storage space that exceeds 25,000 square feet, and in no case may storage space exceed 300,000 square feet.

6 The raising of animals or fowl for commercial purposes and the sale of any products at retail on the premises is not allowed.

7 For uses owned and operated by a government agency. The approval process will require that the site be re-zoned to POS.
8 Allowed non-residential uses to be specified through the Conditional Use Permit process.

9 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use. See also Subsection XI-10-9.03(E)(6) for additional regulations.

10 Permitted when located on the ground floor facing a public street designated as an Activity Street. Requires a Conditional Use Permit when located elsewhere.

11 "Other live entertainment" Includes but is not limited to dancing, stand-up comedy, theatrical shows, magic shows, and karaoke.

12 Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, must be fully enclosed within a building.

Transportation facilities without outdoor storage of vehicles.

c.

Pawnshops.

2.

Auto Brokers. Auto Brokers are subject to the following standards:

a.

3.

Art and Artisans Studios shall comply with the following standards:

a.

All operations shall be conducted completely within an enclosed building.

b.

There shall be no dust, fume, or odor either emitted from the premise.

c.

The operations shall not create excessive vibrations.

d.

The operations shall be consistent with the City's noise standards.

4.

Outdoor Music in the MXD2-Metro and MXD3-Metro zones:

a.

Outdoor music as an accessory use in conjunction with a restaurant or bar shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 a.m. to 11:00 p.m.

b.

c.

d.

Larger outdoor music events, both live and recorded music, which are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event

Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

e.

Minor outdoor music events, both live and recorded music, which are hosted onsite by a business with nine or fewer employees shall be exempt from applicable permit and fee requirements.

5.

Restaurant Performance Standards. Restaurants shall comply with the following performance standards:

a.

Outdoor seating is allowed if it has been approved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.

b.

Outdoor dining shall comply with the standards of Section 10-13.19 - Outdoor Dining.

c.

The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).

d.

e.

All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.

f.

Where applicable, the restaurant shall maintain an active account with a tallow hauling company.

g.

i.

Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.

ii.

Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.

iii.

Double bag waste to prevent leaking.

iv.

Place, do not drop or throw, waste-filled bags, to prevent leaking.

v.

Keep the ground under and around the garbage dumpsters swept.

vi.

Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.

vii.

viii.

Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal.

ix.

All garbage bins shall be stored in the garbage enclosure except for the 12 hours immediately before and after garbage collection.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.04 - Metro Area General Development Standards

A.

Standards within the Metro Specific Plan area. For all Metro Area properties, refer to the Metro Specific Plan for development standards. When a standard is not listed within the Metro Specific Plan, the standards listed within the zoning ordinance shall govern.

B.

General Standards. The following requirements shall be observed.

Table XI-10-9.04-1

Metro Zones Development Standards

Standard	R3 Metro	R4 Metro	R5 Metro	MXD2 Metro	MXD3 Metro	BPRD-R Metro	BPRD- Metro
Min. Lot Area	8,000 sq ft	none	none	none	none	none	none
Residential Density1	30-40 units/ac	40-85 units/ac	70-120 du/ac	40-85 units/ac	85-250 units/ac	No min. or max.	n/a
FAR	n/a	n/a	n/a	Mixed Use: min. 1.0, max. 2.5	Mixed Use: min. 2.5, max. 5.0	Mixed- Use: min. 1.0, max. 5.0 FAR; non- residential uses: min. 1.0	Min. 1.0, Max. 2.5- 4.02
Active Use	none	none	none	Ground foor retail and active uses required on 80% of frontages on any one blockface along any Activity Street as identifed on the Metro Specifc Plan Figure 4-6: Circulation Network.			none
Front Setback	Min. 20 ft	8 ft min., 20 ft max. from back of sidewalk	12 ft min., 20 ft max. from back of sidewalk	Min. 0 ft, Max. 20 ft	Min. 12 ft, Max. 20 ft	Min. 10 ft, Max. -20 ft	Min. 0 ft.
Interior Side Setback (min.)	1 story: Each side 5 ft min, total of 12 ft both sides 2-2.5 story: Each side 10 ft min, total 25 ft both sides 3-3.5 story: Each side 12 ft min, total 30 ft both sides	10 ft	15 ft; 20 feet for buildings over 3 stories abutting residential uses	0 ft; 10 ft when abutting residential use and for portions of buildings over 60 ft or 4 stories tall	10 ft; 15 ft when abutting residential; 20 ft for portions of buildings over 60 ft or 4 stories tall	10 ft	10 ft
Street Side Setback	Min. 10 ft	8 ft min., 15 ft max. from back of sidewalk	12 ft min., 20 ft max. from back of sidewalk	Min. 0 ft	Min. 12 ft, Max. 20 ft	Min. 10 ft, Max. 15 ft	Min. 0 ft
---	---	---	---	---	---	---	---
Rear Setback (min.)	1 story: 30 ft 2-2.5 story: 35 ft 3-3.5 story: 40 ft	10 ft min.	15 ft; 20 feet for buildings over 3 stories abutting residential uses	10 ft; 15 ft when abutting a R zone; 20 ft for portions of building over 60 ft or 4 stories tall	15 ft; 20 ft when abutting a R zone; 30 ft for portions of building over 60 ft or 4 stories tall	10 ft	10 ft
Creek/ Drainage Channel Setback	25 ft min. from top of bank or from any greater.			maintenance	road or required setback, whichever is
Max. Primary Building Height	75 ft	35 ft min.,75 ft max.	75 ft and 6 stories	85 ft3	275 ft4	275 ft or 18 stories	8 stories
Accessory Building Height	Max. 25 ft or 2.5 stories
On-Site Open Space	Residential and mixed-use projects: Min. 100 sq ft per residential private or common Non-residential projects: Min. 10% of site area					unit, may be	Min. 15% of site area
Private Open Space Dimensions	Min. 4 ft × 6 ft						n/a
Common Open Space	Residential and mixed-use projects: Min. 30% of the total open space provided on-site; Min. dimension 10 ft						Min. dimension 10 ft
Publicly Accessible Open Space	Mixed-use projects: Min. 5% of the total open space provided on-site5 Non-residential projects: Min. 25 contiguous sq ft per 10,000 sq ft non- residential foor area.						Min. 25 contiguous sq ft per 10,000 sq ft non- residential

floor area excluding retail, restaurant, or service areas

1 When determining the density of non-traditional housing configurations such as group living accommodations and single-room occupancy residences, three bedrooms may be counted as the equivalent of one unit.

2 Maximum allowed FAR is based on the following sliding scale:

2.5 for properties farther than 3,000 ft from the Milpitas Transit Center;
3.0 for properties within 3,000 ft from the Milpitas Transit Center;
3.5 for properties within 2,000 ft from the Milpitas Transit Center;
4.0 for properties within 1,000 ft from the Milpitas Transit Center.

3 Within 60 feet of adjacent existing residentially zoned parcels, building height shall be stepped down to a maximum of 10 feet higher than the maximum allowed height of the adjacent parcel.

4 A maximum 50% of base footprint may reach 85 feet in height and a maximum 25% of base footprint may reach 275 feet in height.

5 Required publicly accessible open space may include one or more of the following types of public open spaces: park, plaza, garden, public sitting area.

(Ord. No. 38.855, § 7, 6/18/24)

Department. The temporary buffers may be removed if and when an adjacent site is redeveloped as a nonindustrial use.

2.

Utilities. All wires, pipes, cables and utility connections shall be placed in underground or subsurface conduits. All above ground transformers and vaults for new development shall be adequately screened to the approval of the review authority. Modifications regarding subsurface conduits or above ground transformers and vaults at existing developed sites shall be subject to the provisions of Subsection 54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

3.

Loading dock/doors. A maximum of two loading docks are allowed for any single project and must be located out of view from the primary abutting right-of-way.

4.

5.

6.

Uses in the BPRD-Metro and BPRD-R-Metro zones shall:

a.

Emit no obnoxious, toxic or corrosive fumes or gases.

b.

Emit no odors perceptible at the property line.

c.

Emit no smoke.

d.

Discharge into the air no dust or other particulate matter created by any industrial operations or emanating from any products stored prior or subsequent to processing.

Produce no heat or glare perceptible beyond the lot boundaries.

f.

Utilize all lighting in a manner which produces no glare on public streets or on any other parcel.

g.

Produce no physical vibrations perceptible at or beyond the lot boundaries.

h.

c.

Each tandem parking bay must be a minimum 40 feet in length by 10 feet in width.

3.

Ground-level visibility.

a.

Individually secured garages. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right-of-way, garages shall occupy no more than 50 percent of the frontage of each unit.

Figure 9.06-2: Individual Garages

==> picture [384 x 192] intentionally omitted <==

b.

Structured parking. Structured parking may not be located along the ground-level building frontage unless the parking is:

i.

Recessed a minimum of four feet from the rest of the building façade and screened with a living wall or textured or decorative screening; or

ii.

Designed such that the parking area is located in a basement, where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches.

Figure 9.06-3: Structured Parking Ground Level

==> picture [264 x 128] intentionally omitted <==

4.

Upper-level visibility. All upper-level street-facing structured parking must be screened from view from the right-of-way by at least one of the following features:

a.

Regular openings designed to resemble windows of habitable spaces that do not reflect the sloping floor lines of interior parking ramps on the façade;

b.

A trellis or living wall; or

c.

Textured or decorative screening.

5.

Vehicle access. Parking must comply with the following standards:

a.

A maximum of one driveway to shared parking is permitted on street frontages up to 120 feet in length; a maximum of two shared driveways are permitted on street frontages exceeding 120 feet in length.

b.

Controlled entrances to shared parking facilities (i.e., gates, doors, etc.) shall be located a minimum of 10 feet from the back of sidewalk.

c.

Vehicular entrances to parking areas shall be a minimum of 80 horizontal feet from vehicular entrances to parking areas on adjacent properties.

d.

Mechanical parking lifts are allowed in all structured parking configurations.

Figure 9.06-4: Parking Access

==> picture [312 x 188] intentionally omitted <==

6.

Parking separation. Parking for residential units shall be physically separated from parking for nonresidential uses through a controlled fence, gate, or other barrier.

L.

Pedestrian and Bicycle Circulation.

1.

A system of pedestrian walkways shall connect all primary buildings entrances on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops.

2.

Walkways shall be the shortest practical distance between the primary building entrance and sidewalk, generally no more than 125 percent of the straight-line distance.

3.

Walkways must link the entrances with on-site open spaces, on-site services, and other internal facilities.

4.

Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.

5.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving material, or similar method.

6.

Utilities.

1.

Utilities shall be placed in underground or subsurface conduits.

2.

All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.

3.

Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.

4.

5.

6.

Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building and be well landscaped.

8.

All telecommunications antennas shall be building façade or roof mounted and screened appropriately.

9.

On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e., "stealth" antennas) may be used.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.07 - Affordable Housing

Affordable housing units should be provided in all new housing projects consistent with Title XII, Chapter 1 (Affordable Housing Ordinance).

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.08 - Exceptions to Standards

1.

2.

In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following additional findings for such exceptions:

a.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

c.

(Ord. No. 38.855, § 7, 6/18/24)

Section 10 - Institutional Zone and Standards[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 38.789, § 11, adopted April 21, 2009, amended the Code by repealing former Section 10, XI-10-10.01—XI-10-10.07, and adding a new Section 10. Former Section 10 pertained to the "I" Institutional District, and derived from Ord. 38.770, adopted January 2, 2007.

XI-10-10.01 - Purpose and Intent

The purpose and intent of the Institutional District is to encourage the orderly development of public service and educational uses in the community and to ensure their presence as a vital part of the neighborhood balance.

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.02 - Institutional Use Regulations

A.

Permitted and Conditionally Permitted Uses. The uses identified in Table 10.02-1, Institutional Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 10.02-1 shall be permitted or conditionally permitted as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 54.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table 10-10.02-1, Institutional Zone Uses.

Uses that have been excluded from Table 10.02-1, Institutional Zone Uses, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

C.

Other Uses. Any other uses, may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table 10.02-1

Institutional Zone Uses

Table 10.02-1

Institutional Zone Uses

Table 10.02-1 Institutional Zone Uses
Use	Institutional Zone
Correctional facility	C
Educational institutions:1
Public colleges or universities	O
Private colleges or universities	C
Public schools	O
Farmer's market (not including fea market)	C
Government ofces and related facilities (Federal, State and Local)	C
Hospital or sanitarium (Public)1	C
Library (Public)	C
Medical clinic or ofces (Public)	C
Catering establishment	C
Mobile food vending (individual vehicle)3	P
Mobile food park	NP
Commissary	MC
Museum	C
Parks	C
Public safety uses	C
Public service uses	C
Public utilities	C
Temporary seasonal sales2	P
Transportation facility	C

1 State has authority over permitting process regarding public facilities.

2 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

3 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

(Ord. No. 38.845, § 9, 6/21/22; Ord. No. 38.836, § 6, 9/3/19; Ord. No. 38.795, § 27, 4/6/10; Ord. No. 38.789, § 11, 4/21/09)

XI-10-10.03 - General Development Standards

A.

Table 10.03-1, Institutional Zone Development Standards, lists development standards required for projects in public zones.

Table 10.03-1

Institutional Zone Development Standards

Table 10.03-1 Institutional Zone Development Standards
Standard	Institutional
Lot Area, Minimum (s.f.)	None
Lot Width, Minimum (ft.)	None
Front Yard Setback, Minimum (ft.)	None
Side Yard Setback (interior), minimum (ft.)	None
Street Side Yard Setback, minimum (ft.)	None
Rear Yard Setback, minimum (ft.)	None
Building Height, maximum (ft.)	None
Parking	Refer to Section 53,Of-Street Parking Regulations, of this Chapter.
Lot Coverage	None
Floor Area Ratio	None

(Ord. No. 38.789, § 11, 4-21-09)

XI-10.04 - Institutional Zone Special Development Standards

A.

Areas for Collecting and Loading Recyclable Materials. There shall be provided areas for collecting and loading recyclable materials in accordance with the requirements of Subsection 54.12, Areas for Collecting and Loading Recyclable Materials, of this Chapter.

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 28, 4/6/10)

Section 11 - Specific Plan Areas

XI-10-11.01 - Purpose and Intent

The purpose of this chapter is to explain the relationship between the Zoning Ordinance and any adopted Specific Plans. A specific plan is a document designed to implement the goals and policies of the General Plan. A specific plan is intended to establish the nature, character, and location of activities and development; to guide the orderly growth; to more specifically define the nature of development and the physical framework; and to provide a basis for future implantation actions within a specific geographic area.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.02 - Applicability

The provisions in this section shall apply to all areas for which a specific plan has been prepared and adopted by the City Council.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.03 - Adoption and Amendment of Specific Plans

Adoption and/or amendment of a specific plan shall occur in accordance with the provision for specific plans and specific plan amendments described in Section XI-10-62.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.04 - Relationship Between Specific Plans and Zoning Ordinance

The adopted specific plan shall operate as the zoning regulations for the subject property. Where standards are not listed within the specific plan, the Zoning Ordinance shall regulate.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.05 - Adopted Specific Plans

As of the date of the adoption of this Zoning Ordinance, the following specific plans have been adopted by the City. Complete specific plans are provided as a separate appendix to this chapter or are included herein.

Table XI-10-11.05-1 Adopted Specific Plans

Specifc Plan Name/Abbreviation	City Council Resolution #	Voter Adoption
Midtown/MTSP	7151 and 7152
Transit Area/TASP	7760
Milpitas Commercial Specifc Plan/MCSP		Initiative, Adopted on April 19, 2011 by City Council

(Ord. No. 38.799, § 2, 4.19.11; Ord. 38.780 (18), 8/19/08; Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.06 - Conformance with Specific Plans

A.

Midtown Specific Plan.

1.

The Midtown Specific Plan policies, as well as the Design Guidelines and Standards set forth in Chapter 8 of the Plan, shall apply to all properties within the Midtown area if any one (1) or more of the following occurs:

a.

Whenever a new building is constructed, regardless of size;

b.

Whenever the use of an existing building is expanded or changed to a use requiring fifty (50) percent or more off-street parking spaces, as determined by the City's adopted parking standards; or

c.

Whenever an existing building is increased in gross floor area by ten (10) percent of the existing gross floor area or is enlarged by five hundred (500) or more square feet, whichever is less (all additions or enlargements completed since May 2, 2002 shall be totaled).

If exterior building or site improvements (including signage) are proposed that do not fall under Subsections (a) through (c) above, such improvements shall be designed to conform to the Transit Area policies, guidelines and standards applicable to the improvements, without requiring additional Transit Area-related improvements to be imposed.

2.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

B.

Transit Area Specific Plan.

1.

The Transit Area Specific Plan policies, including policies for specific subdistricts in Chapter 4 and the Development Standards and Design Guidelines set forth in Chapter 5 of the Plan, shall apply to all properties within the Transit Area if any one (1) or more of the following occurs:

a.

Whenever a new building is constructed, regardless of size;

b.

Whenever the use of an existing building is expanded or changed to a use requiring fifty (50) percent or more off-street parking spaces, as determined by the City's adopted parking standards; or

c.

2.

The policies and standards of the Transit Area Specific Plan will supersede the Midtown Specific Plan and the General Plan in the transit area. Should a conflict between the existing plans and codes arise within the Transit Area, the policies and standards of the Transit Area Specific Plan shall govern.

3.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

(Ord. No. 38.795, § 29, 4/6/10)

XI-10-11.07 - Milpitas Commercial Specific Plan Area

A.

Introduction.

1.

Specific Plan Area. The Milpitas Commercial Specific Plan area is an approximately 14.56 acre-site located in the City of Milpitas, in Santa Clara County, California on the northernmost southeast corner of North McCarthy Boulevard and Ranch Drive (Figures 1 and 2). Regional access to the Specific Plan area is provided from Interstate 880 (I-880) and State Route 237 (SR-237). The Specific Plan area is bounded by Ranch Drive and the McCarthy Center office complex to the north; stores and parking areas in the McCarthy Ranch Marketplace to the south; Ranch Drive and I-880 to the east; and North McCarthy Boulevard and undeveloped land to the west. The undeveloped land to the west of the Specific Plan area is designated for Industrial Park uses by the City of Milpitas General Plan and is entitled for an office park campus (The Campus at McCarthy Ranch). Coyote Creek is located west of the undeveloped land with Coyote Creek Trail, a Class I bicycle/pedestrian trail, paralleling the east side of the creek. Single-family residences are located east of I-880 and are protected by a sound wall along the I-880 frontage.

2.

Purpose of the Specific Plan. A specific plan is a combination policy statement and implementation tool that can be used to address the unique needs of a particular area of a city or county. As a result, emphasis is on concrete standards and development criteria for use in the submission and review of subsequent development plans and permits. The California Government Code permits the use of specific plans to regulate site development, including permitted uses such as density, building size, and placement. Specific plans also govern the landscaping and roadways, as well as the provision of infrastructure and utilities. Since the development guidelines established in a specific plan focus on the unique needs of a specific area, specific plans allow for greater flexibility than is possible with conventional zoning.

e development, including permitted uses such as density, building size, and placement. Specific plans also govern the landscaping and roadways, as well as the provision of infrastructure and utilities. Since the development guidelines established in a specific plan focus on the unique needs of a specific area, specific plans allow for greater flexibility than is possible with conventional zoning.

The purpose of the Milpitas Commercial Specific Plan is to assist in the development of the site in a manner that will benefit local shoppers, the general public, and the City of Milpitas. The Specific Plan accomplishes these purposes by providing for the efficient use of land, ensuring compatibility between existing and proposed land uses, and establishing environmental and development standards and procedures to be met in development of the Specific Plan area. The customized development regulations contained in the Specific Plan address the unique characteristics of the site and surrounding properties, as well as the needs of the commercial land uses proposed for the site. These efforts are intended to foster greater economic development and design opportunities than could be achieved through the use of conventional zoning and development standards.

As used herein, the term "developer" shall mean the fee title holder of the Milpitas Commercial Specific Plan area.

3.

Project Objectives. The objectives of the Milpitas Commercial Specific Plan are as follows:

a.

Promote economic growth and development that is consistent with the policies of the City of Milpitas General Plan.

b.

Provide development that maximizes the Specific Plan area's use potential in a manner consistent with the City of Milpitas General Plan.

c.

Ensure development within the Specific Plan area complies with appropriate conditions and environmental mitigations for the benefit of the City, its residents and taxpayers.

d.

Generate sales tax and property tax revenues to accrue to the various agencies within the Specific Plan area.

e.

Enhance the commercial retail opportunities in the City of Milpitas and surrounding communities.

f.

Create additional employment opportunities for local area residents.

g.

Expand and upgrade an existing retail facility to provide the City of Milpitas and surrounding communities with a modern and energy efficient facility that provides daytime and nighttime shopping opportunities in a safe and secure environment.

h.

Minimize travel lengths and utilize existing infrastructure to the maximum extent possible by expanding and revitalizing an existing retail store.

4.

Authority. The Milpitas Commercial Specific Plan has been prepared in accordance with Government Code Sections 65450 et seq. and 66450 et seq. and will constitute the zoning for the Specific Plan area. Land use standards and regulations contained within this document shall govern future development within the boundaries of this Specific Plan.

The Milpitas Commercial Specific Plan provides a framework for development of the Specific Plan area. The Specific Plan provides guidance for the review of specific development proposals and is the City's reference document for determining permitted uses, intensity of use, and development standards and requirements. The Specific Plan defines objectives, as well as regulations and requirements for development of the Milpitas Commercial Specific Plan area.

5.

General Requirements.

a.

General Plan Consistency. Implementation of the Milpitas Commercial Specific Plan is intended to carry out the goals and policies contained in the City of Milpitas General Plan, as amended, in an orderly and attractive fashion. Development within the Milpitas Commercial Specific Plan area shall, therefore, be consistent with the provisions of the City of Milpitas General Plan.

The Milpitas Commercial Specific Plan implements the General Plan by:

i.

Encouraging development within the incorporated limits to fill in the urban fabric rather than providing costly expansion of urban services into outlying areas.

ii.

Encouraging economic pursuits to strengthen and promote development; provide economic opportunities for all Milpitas residents within existing environmental, social, fiscal, and land use constraints; and maintain a balanced economic base that can resist downturns in any one economic sector.

iii.

Providing opportunities to expand employment, participate in partnerships with local business to facilitate communication, and promote business retention.

iv.

Fostering community pride and growth through beautification of existing and future development.

v.

Utilizing the City's adopted Level of Service standards in evaluating development proposals and capital improvements.

vi.

Paying its share of street and other traffic improvements based on its impacts.

vii.

Promoting measures that increase transit use, walking, and bicycling and that lead to improved utilization of the existing transportation system.

viii.

Providing adequate circulation and off-street parking and loading facilities for trucks and restricting trucks to designated truck routes.

ix.

Protecting and enhancing the quality of water resources and promoting conservation and efficiency in the use of water.

x.

Implementing the National Pollutant Discharge Elimination System (NPDES) requirements of the Regional Water Quality Control Board.

xi.

Enhancing the visual impact of the gateways to Milpitas.

xii.

Undertaking efforts to reduce the generation of waste, increase recycling and slow the filling of local and regional landfills.

xiii.

Minimizing threats to life and property from seismic hazards, geologic hazards, flooding, and dam inundation.

xiv.

Minimizing unnecessary, annoying, or injurious noise.

xv.

Furthering the Land Use Guiding Principles by promoting a compact urban form and encouraging focused growth through infill opportunities in the incorporated City limits rather than in outlying areas.

xvi.

Improving the viability of transit, pedestrian and bicycle systems by promoting measures that increases use of those systems.

xvii.

Maintaining the architectural and landscape elements that contribute to the identity and history of the City by requiring new developments to be harmonious with older structures.

xviii.

Ensuring the conservation, development and use of natural resources by providing "smart growth" through infill development and promoting conservation and efficiency in energy and water use and reducing waste generation through increased recycling and less waste production.

b.

Relationship Between Specific Plan Development Standards/Criteria and the City of Milpitas Municipal Code. The provisions of the Milpitas Commercial Specific Plan shall govern all development on the lands

within the Specific Plan area. Any regulations or requirements not specifically covered herein shall be subject to the regulations and requirements of the City of Milpitas Municipal Code, design guidelines and engineering standards and other applicable regulations, in addition to all applicable local, state and federal ordinances, laws or regulations. Any operations on the Specific Plan area shall also be required to operate in accordance with all local, state and federal regulations. If any provision of this document conflicts with the regulations or requirements of the City of Milpitas Municipal Code, the provisions of this document shall govern.

The process for approving development under the Milpitas Commercial Specific Plan shall be set forth in Section XI-10-11.07(E), Administration.

c.

Conformance with Uniform Building and Fire Codes. All construction within the Milpitas Commercial Specific Plan shall be in compliance with Title II "Building Regulations" and Title V-300 "Fire Code" of the Milpitas Municipal Code.

d.

Provision of Infrastructure. Unless otherwise specifically approved as part of this Specific Plan, all off-site improvements under the control of the City shall be subject to the City of Milpitas regulations and requirements in effect at the time improvement plans are submitted. Other improvements not under the control of the City (e.g., electricity, natural gas, telephone) shall be subject to the regulations and requirements of the responsible agency.

Specific requirements for infrastructure improvements are set forth in Table XI-10-11.07-6, Milpitas Commercial Specific Plan Environmental Performance Standards, of this Specific Plan. To ensure the costeffective availability of current and adequate infrastructure and services during the development of the Specific Plan area, infrastructure plans may be modified upon approval of the City of Milpitas Building Official, which pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan, shall be ministerial, final and not subject to appeal and without the need to amend this Specific Plan.

e.

Severability. If any term, provision, condition, requirement, or portion thereof of this Specific Plan is for any reason held invalid, unenforceable, or unconstitutional, the remainder of this Specific Plan or the application of such term, provision, condition, requirement, or portion thereof to circumstances other than those in which it is held to be invalid, unenforceable, or unconstitutional, shall not be affected thereby; and each other term, provision, condition, requirement, or portion thereof shall be held valid and enforceable to the fullest extent permitted by law.

f.

Costs. The developer shall pay the costs of any code enforcement activities, including attorney's fees, resulting in the violation of any provisions of the Milpitas Municipal Code, including the Milpitas Commercial Specific Plan. The developer shall be responsible for the entire cost to implement the environmental performance standards in accordance with Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan.

g.

Consent to Hold Harmless. The developer shall as a requirement of any development within the Milpitas Commercial Specific Plan area, agree to indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void or annul, any action by the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body related to, in furtherance of this Specific Plan.

Furthermore, developer shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer is subject to that other governmental entity's approval and a condition of such approval is that city indemnify and defend such governmental entity. City shall promptly notify the developer of any claim, action or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the city, any agency, or instrumentality thereof, or any of its officers, officials, employees, or agents.

B.

Existing Setting.

1.

Site Conditions And Existing Land Uses.

a.

Historical and Existing Land Uses.

i.

Existing Land Use. The Specific Plan area is currently developed with a 131,725-square-foot retail store and associated parking.

ii.

Existing On-Site General Plan Land Use and Zoning. The Specific Plan area is currently designated General Commercial by the City of Milpitas General Plan. The General Commercial land use designation is intended for a wide range of retail sales and personal and business services accessed primarily by the automobile. It includes commercial uses where shopping is conducted by people walking to several stores and uses of a single-purpose character served from an adjacent parked vehicle.

The Specific Plan area is currently designated General Commercial (C2) by the City of Milpitas Zoning Code. The C2 zoning district is intended to provide for a wide range of retail sales and personal and business services primarily oriented to the automobile customer and is intended to promote stable, attractive commercial development which will afford a pleasant shopping environment. This zone permits

retail sales as of right. Grocery stores that are within one thousand (1,000) feet of a residential zone and Liquor Stores (Alcohol Beverage Sales) are conditionally permitted.

The Specific Plan area is also within the Site and Architectural Overlay District (S). The S zone is intended to promote orderly, attractive and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing the establishment of uses or erection of structures having qualities that would not meet the intent of the Zoning Code. The General Plan and Zoning designations are illustrated in Figures XI-10-11.07-3 and -4.

b.

Surrounding Land Uses. Land uses surrounding the Milpitas Commercial Specific Plan area are characterized by office and Research and Development uses to the north, commercial uses to the south, Interstate 880 and residential uses to the east, and undeveloped but entitled land to the west. North of the Specific Plan area is the McCarthy Center office complex, a 68-acre complex with approximately one million square feet of office and Research and Development uses spread among nineteen (19) two-story buildings in a campus setting. To the south is the remainder of a commercial/retail development, McCarthy Ranch Marketplace, which includes Best Buy, Borders and PetSmart, small shops and restaurants, and small, freestanding restaurants such as Black Angus, Macaroni Grill and Applebees. To the east, east of I- 880, are single-family residential uses that are protected by a sound wall located along the I-880 frontage. The undeveloped land to the west is approved for an office park campus (The Campus at McCarthy Ranch) and further west of the undeveloped land is Coyote Creek and Coyote Creek Trail, a Class I bicycle/pedestrian trail, that parallels the east side of the creek. The surrounding land uses are illustrated in Figure 5.

2.

Existing Circulation.

a.

Regional Circulation. Excellent regional access to the Specific Plan area is provided by I-880 and SR-237.

I-880 is a north-south highway known as the Nimitz Freeway that provides regional access throughout the East Bay. It stretches north to Interstate 980 in Oakland and south to San Jose where it becomes State Route 17. It generally is an eight-lane, divided freeway. In the vicinity of the Specific Plan area, I-880 provides six (6) lanes in each direction, including a High Occupancy Vehicle (HOV) lane in each direction. It accommodates approximately one hundred eighty-one thousand (181,000) vehicles per day. Access to and from the Specific Plan area is provided at the SR-237/North McCarthy Boulevard interchange.

SR-237 is an east-west regional highway located approximately three-tenths (0.3) miles south of the Specific Plan area that provides access throughout northern Santa Clara County. It connects Mountain View to the west and Milpitas to the east. It is a major arterial providing connectivity to I-880 and Interstate 680. East of I-880, SR-237 is known as Calaveras Boulevard. SR-237 is a six-lane highway with HOV lanes in both directions. In the vicinity of the Specific Plan, SR-237 accommodates approximately one hundred fifty-eight thousand (158,000) vehicles per day. Access to and from the Specific Plan area is provided at the SR-237/North McCarthy Boulevard interchange.

b.

Local Circulation. Major roadways in and around the Specific Plan area are Dixon Landing Road, North McCarthy Boulevard, Ranch Drive and Tasman Drive. These roadways are defined as arterials or collectors. Arterials collect and distribute traffic from freeways and expressways to collector streets and vice versa. Collector streets, which constitute most of the roadways in and around the Specific Plan area, serve as connectors between arterial and local streets, providing direct access to the parcel. Major collectors are typically wide streets with four (4) to six (6) lanes of moving traffic. Minor collectors are smaller street with either less than four (4) lanes of moving traffic or less traffic.

Dixon Landing Road is an east-west major collector roadway connecting North McCarthy Boulevard to the west and North Milpitas Boulevard to the east. It is a major collector East of North Milpitas Boulevard where it becomes Dixon Road. It is a four-lane divided roadway, except for between Milmont Drive and Village Parkway, where it is a four-lane undivided roadway with a center two-way left-turn lane. The posted speed limit along Dixon Landing Road is forty (40) miles per hour (mph).

North McCarthy Boulevard is a major north-south collector roadway connecting Dixon Landing Road to the north and Montague Expressway to the south. South of the Montague Expressway it becomes O'Toole Avenue. It is a four-lane divided roadway primarily serving adjacent commercial uses north of SR-237 and office parks south of SR-237. The posted speed limit along North McCarthy Boulevard is thirty-five (35) mph north of Technology Drive and forty (40) mph south of Technology Drive.

anding Road to the north and Montague Expressway to the south. South of the Montague Expressway it becomes O'Toole Avenue. It is a four-lane divided roadway primarily serving adjacent commercial uses north of SR-237 and office parks south of SR-237. The posted speed limit along North McCarthy Boulevard is thirty-five (35) mph north of Technology Drive and forty (40) mph south of Technology Drive.

Ranch Drive is an east-west minor collector roadway that intersects North McCarthy Boulevard at two (2) locations. Ranch Drive is the main access roadway to retail uses within the McCarthy Ranch Marketplace. It changes from a four-lane divided roadway, a four-lane undivided roadway, and a two-lane road with a center two-way left-turn lane between its southern and northern intersection with North McCarthy Boulevard. The posted speed limit along Ranch Drive is thirty (30) mph.

Tasman Drive is an east-west arterial roadway stretching from Sunnyvale to the west to I-880 to the east. East of I-880 it becomes Great Mall Parkway. It is a six-lane divided roadway near the Specific Plan area. Santa Clara Valley Transportation Authority operates light rail service along Tasman Drive, with tracks located in the center median of the roadway. The posted speed limit along Tasman Drive is forty (40) mph.

c.

Public Transit. Santa Clara Valley Transportation Authority (VTA) provides bus and light rail services in Milpitas and throughout Santa Clara County. The Specific Plan area is served by Route 33 and Route 825.

Route 33 passes northbound on North McCarthy Boulevard directly adjacent to the Specific Plan area and loops clockwise around Ranch Drive, where it returns south and provides connections to many locations in Milpitas and San Jose. Route 825 is a shuttle service provided by VTA for connections to the Santa Clara Great America station. The Santa Clara Great America station serves the Altamont Commuter Express (ACE), a weekday commuter rail service between Stockton and San Jose, and the Amtrak Capitol Corridor, a daily intercity rail service between San Jose and the Sacramento Area.

Route 33 operates every thirty (30) minutes and Route 825 operates every seventy-five (75) minutes during the weekday commute peaks. Route 33 provides weekend service from 9 a.m. to 6 p.m. every thirty (30)

minutes. Route 825 does not provide weekend service, as it is a limited service commuter route.

The nearest light rail station to the Specific Plan area is the I-880 station, located at the intersection of Tasman Drive and Alder Drive, approximately one and one-half (1.5) miles to the south.

d.

Bicycle Facilities. The Specific Plan area is serviced by a bicycle lane running along North McCarthy Boulevard. The existing retail building provides bicycle racks and any future development shall upgrade and provide bike storage pursuant to Section 11.07(D)(2), Project Access, of this Specific Plan.

3.

Existing Physical Conditions.

a.

Topography. The Specific Plan area is located in the City of Milpitas, which is within the relatively flat floor of the Santa Clara Valley. The Santa Clara Valley is a broad, northwesterly trending, alluvial-filled basin between the Santa Cruz Mountains to the south and the Diablo Range to the northeast. The Specific Plan area is bounded by bay-lands to the west and foothills to the east, with urban development located in the plain between the two (2) features. The Mission Hills are the primary backdrop to the Milpitas area. Monument Peak at two thousand five hundred ninety-four (2,594) feet is the highest point in the Mission Hills above Milpitas.

b.

Hydrology. The Specific Plan area is located within Coyote Creek watershed. The Coyote Creek watershed encompasses three hundred fifty (350) square miles and drains the Specific Plan area, City of Milpitas, the eastern portion of San Jose and the Coyote Valley.

Coyote Creek is approximately one-quarter (0.25) miles west of the Specific Plan area and spans the length of the Santa Clara Valley, originating at Anderson Reservoir near Morgan Hill and emptying into San Francisco Bay. Downstream of the Specific Plan area, Coyote Creek splits into "New" and "Old" branches. New Coyote Creek is a man-made channel that skirts the south side of the Newby Island Sanitary Landfill, while Old Coyote Creek meanders around the east and north sides of the landfill.

The Specific Plan area has an existing stormwater collection system. Stormwater is collected via inlets located around the Specific Plan area and is then piped and discharged into the City of Milpitas's municipal storm drain system, which outlets into Coyote Creek. Storm drain lines are located within Ranch Drive and North McCarthy Boulevard.

The Specific Plan area is located within the Santa Clara Valley subbasin, which extends from Coyote Narrows at Metcalf Road in south San Jose to Santa Clara County's northern boundary. The subbasin is approximately twenty-two (22) miles long and fifteen (15) miles wide, with a surface area of two hundred twenty-five (225) square miles.

c.

Soils. The Specific Plan area is a developed, urban area. The Specific Plan area was graded and engineered in the early 1990s with the development of the existing retail building. The soils were conditioned to support urban development and are considered stable soils and geologic units. The deepsurface soils beneath the Specific Plan area consist of approximately three hundred (300) feet of alluvium, which is regarded as a very stable geologic unit. The Quaternary age old alluvium consists of inter-layered, poorly sorted gravel, sand, silt and clay.

d.

Seismicity. The Specific Plan area is located in an area with eight (8) active faults including the Hayward, Calaveras, San Andreas, San Gregorio-Seal Cove-Hosgri, Concord, Greenville, Las Positas, and Verona faults. The closest fault to the Specific Plan area is the Hayward fault, which is located approximately two and one-half (2.5) miles northeast. The Specific Plan area is also located in a moderate liquefaction susceptibility zone pursuant to the Liquefaction Susceptibility Map for the San Francisco Bay Area prepared by the United States Geologic Study (USGS) in cooperation with the California Geological Survey and William Lettis & Associates, Inc. The Specific Plan area is not located within an Alquist-Priolo zone and no faults or fault traces are located within the Specific Plan area.

The Specific Plan area may be exposed to moderate to severe ground shaking during an earthquake, particularly one that occurs on either the Hayward or Calaveras fault. To reduce the risk associated with ground shaking, development within the Specific Plan area will be required to demonstrate that structural design measures identified in a seismic hazards technical study prepared prior to construction and in accordance with the requirements of the Seismic Hazards Mapping Act have been incorporated into any design and/or building plans.

The Specific Plan area is located within a liquefaction hazard zone. To reduce the risk associated with liquefaction, development within the Specific Plan area will be required to demonstrate that abatement measures identified in a design-level geotechnical investigation prepared prior to construction have been incorporated into any design and/or building plans. Development will also be required to comply with all state and local seismic safety requirements including the California Building Standards Code and Milpitas Municipal Code, Title II.

The Specific Plan area is flat and is not located in an area identified as being susceptible to landslides.

e.

Hazardous Materials. The Specific Plan area is a developed, active commercial area. It appears on four (4) environmental databases listing parcels with known or potentially hazardous conditions.

The first database is the Hazardous Waste Information System database which lists sites recorded on hazardous wastes manifests. This listing only indicates that hazardous materials were transported to or from the Specific Plan area; it does not indicate that contamination occurred. The second database is the Statewide Environmental Evaluation and Planning System database which lists sites with registered underground storage tanks (USTs). This database is no longer updated. The Specific Plan area did contain a 1,000 gallon waste oil underground storage tank. A Phase I Environmental Site Assessment ("Phase I") prepared by Tait Environmental Services, dated April 25, 2009, concluded that no UST exists in the Specific Plan area today based on the site reconnaissance. The Phase I found no evidence or record of when or

ge tanks (USTs). This database is no longer updated. The Specific Plan area did contain a 1,000 gallon waste oil underground storage tank. A Phase I Environmental Site Assessment ("Phase I") prepared by Tait Environmental Services, dated April 25, 2009, concluded that no UST exists in the Specific Plan area today based on the site reconnaissance. The Phase I found no evidence or record of when or

how the UST was removed. The third database is the California Hazardous Material Incident Report System which records reported hazardous material incidents or accidental releases or spills. An alleged incident of raw sewage bubbling up on the parking lot in the Specific Plan area was reported in 1997 by a caller to the Santa Clara County Health Department. No confirmation of this release exists. The final database is the Emergency Response Notification System which reports the release of oil and hazardous substances. No details about the listing exist, so it is unclear why the Specific Plan area is listed on this database.

Fluorescent lighting fixtures within the existing building within the Specific Plan area may contain polychlorinated biphenyls and mercury. The existing refrigeration units and rooftop HVAC units may also contain chlorofluorocarbons. The existing automobile service area utilizes several above-ground storage tanks (AST) that store petroleum hydrocarbons and a hazardous waste storage area. The existing building also has a hazardous waste storage area inside for spent absorbent material used to soak up spills of hazardous retail products and store maintenance products.

The Specific Plan area is located one and one-tenth (1.1) miles east of the San Jose/Santa Clara Water Pollution Control Plant which uses nineteen (19) percent aqueous ammonia, a hazardous material. Worstcase offsite release for aqueous ammonia is one-one hundredth (0.01) mile from the release point or only forty-five (45) feet from the plant's fence line. The Calpine Los Esteros Critical Energy Facility, a 180megawatt natural gas power plant served by two (2) PG&E natural gas pipelines, is located six-tenths (0.6) miles southwest of the Specific Plan area. The plant began operation in 2003. Because of the localized nature of any releases of aqueous ammonia, and the recent age and clean-burning attributes of natural gas, the Specific Plan area is not susceptible to exposure of hazardous materials from surrounding land uses.

f.

Biological Resources. Most of the Specific Plan area is covered with impervious surfaces. Mature ornamental trees and landscaping are located throughout the parking lot and along frontages with Ranch Drive and North McCarthy Boulevard. Horticultural low growing shrubs, tree rows and single planter trees are located in the parking areas and along the periphery of the existing building. The ornamental trees include species up to approximately twenty (20) feet in height and non-native shrubs of five (5) feet or less in height. There are no special-status plants or wildlife species with potential to occur within the Specific Plan area.

icultural low growing shrubs, tree rows and single planter trees are located in the parking areas and along the periphery of the existing building. The ornamental trees include species up to approximately twenty (20) feet in height and non-native shrubs of five (5) feet or less in height. There are no special-status plants or wildlife species with potential to occur within the Specific Plan area.

Based on the developed and disturbed condition of the Specific Plan area, only commonly observed wildlife species would be expected to occur in the area such as house sparrows, starlings, crows, opossums and small squirrels. Based on the lack of trees, shrubs, and aquatic resources, there is no indication of a wildlife community in the area. The area also does not contain features suitable for use as a wildlife movement corridor (e.g., open drainages). The Specific Plan area does support ornamental trees and shrubs trees that could potentially provide nesting habitat for small migratory songbirds. No open channels, natural drainage features, wetlands or waters of state or the United States exist within the Specific Plan area.

g.

Climate. Temperatures in the Specific Plan area range from an average monthly high of 81.9 degrees Fahrenheit (ºF) in July to an average monthly low of 40.8ºF in January. Average annual rainfall is 14.70 inches.

Existing Utilities.

a.

Water. The Specific Plan area will receive water service from the City of Milpitas, which provides potable water supply and distribution to an approximately fifteen (15) square mile service area. Milpitas's water distribution systems includes two hundred three (203) miles of water main, one thousand seven hundred fifty-five (1,755) fire hydrants, five (5) water tanks totaling 15.64 million gallons of capacity, five (5) pump stations, sixteen (16) pressure regulator valves, and one (1) well. Milpitas purchases treated water from the San Francisco Public Utilities Commission and the Santa Clara Valley Water District, and receives recycled water from the San Jose/Santa Clara Water Pollution Control Plant. The City also maintains an emergency well system. The City's emergency well meets all drinking water standards and is permitted for unlimited use. A second emergency well is under design.

The San Francisco Public Utilities Commission receives approximately eighty-five percent (85%) of its water from the Hetch Hetchy Reservoir with the remaining fifteen (15%) percent coming from Alameda and Peninsula watershed. The Santa Clara Valley Water District receives its water from local groundwater aquifers, the Sierra Nevada Mountains via pumping stations in the Sacramento-San Joaquin River Delta, and a small amount from local surface water and recycled water. The annual yield from the Santa Clara Valley Water District is four hundred forty thousand eight hundred (440,800) acre-feet during a year during average weather conditions.

ey Water District receives its water from local groundwater aquifers, the Sierra Nevada Mountains via pumping stations in the Sacramento-San Joaquin River Delta, and a small amount from local surface water and recycled water. The annual yield from the Santa Clara Valley Water District is four hundred forty thousand eight hundred (440,800) acre-feet during a year during average weather conditions.

In 2010, the estimated water demand for Milpitas based on the City's Urban Water Management Plan was 14.06 million gallons per day. By 2030, the projected demand would be 17.10 million gallons per day with the estimated supply also at 17.10 million gallons per day. Based on these projections, demand would exceed supply under both single dry year and multiple dry year scenarios. The Urban Water Management Plan identifies various water shortage contingency strategies including voluntary and mandatory rationing and supplemental groundwater pumping. Development in the Specific Plan area will be required to install indoor water conservation measures such as low-flow or ultra-low-flow toilets and urinals, and sensoractivated faucets in restrooms prior to final certificate of occupancy issuance.

b.

Wastewater. The San Jose/Santa Clara Water Pollution Control Plant provides wastewater treatment and disposal services to a three hundred (300) square-mile service area encompassing the cities of San Jose, Santa Clara, Milpitas, Campbell, Cupertino, Los Gatos, Saratoga, and Monte Sereno. The plant, which is located in San Jose, west of Milpitas, has capacity to treat 167 million gallons of wastewater per day. The plant receives 116.6 million gallons per day, on average.

The City of Milpitas collects wastewater from approximately six thousand (6,000) acres within the City planning area, including the Specific Plan area. Effluent is transmitted though 172.5 miles of sewer main to the San Jose/Santa Clara Water Pollution Control Plant. Wastewater treatment services are governed by an agreement between the cities of San Jose and Santa Clara (as joint owners of the plant) and the City of Milpitas. The City of Milpitas pays a capital share in proportion to the City's capacity rights and the total plant capacity. In 2009, the City of Milpitas increased its capacity allocation from 13.5 million gallons per

day to 14.25 million gallons per day. Any development in the Specific Plan area will be required to pay a Treatment Plant Fee.

Existing development in the Specific Plan area is served by a lateral tie into a wastewater trunk line located in North McCarthy Boulevard from SR-237 to the Milpitas Pump Station located at Dixon Landing Road. The trunk line ranges in diameter from thirty-six (36) to forty-eight (48) inches.

c.

Water Quality. The existing drainage within the Specific Plan area is discussed above in Section XI-1011.07(B)(3)(b), Hydrology.

Coyote Creek and South San Francisco Bay are listed on the United State Environmental Protection Agency (EPA) 303(d) list of impaired water bodies. During construction, all work would be required to meet the National Pollution Discharge Elimination System (NPDES) requirements for stormwater quality. The contractor would also be required to implement Best Management Practices (BMPs) for erosion control. These requirements will be implemented through the preparation and approval of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would ensure that construction would not violate any water quality standards.

During operations, all activities must comply with a City-approved stormwater management plan.

Compliance with the stormwater management plan would ensure that operational activities within the Specific Plan area would not violate any water quality standards.

d.

Stormwater. The City of Milpitas collects and disposes its stormwater via a storm drainage network consisting of catch basins, conveyance piping, pump stations, and outfalls to creeks. Storm drainage infrastructure within the City includes one hundred twenty-three (123) miles of piping, three thousand four hundred ninety (3,490) catch basins, approximately four and one-half (4.5) miles of drainage ditches and creeks, and thirteen (13) stormwater pump stations. The Santa Clara Valley Water District has jurisdiction over creeks, including Coyote Creek.

The Specific Plan area is served by existing storm drainage infrastructure (inlets and piping) that discharges runoff into the City's municipal storm drain system. The City's storm drain system includes lines located within Ranch Drive and North McCarthy Boulevard. The storm drain main within North McCarthy Boulevard ranges from twenty-four (24) to forty-eight (48) inches in diameter and discharges stormwater into Coyote Creek northwest of the Specific Plan area.

e.

Solid Waste Disposal. Solid waste collection and recycling services are provided by Republic Services under contract with the City of Milpitas Public Works department. Solid waste from the City of Milpitas is landfilled at the Newby Island Landfill on Dixon Landing Road in San Jose, which has approximately 10.7 million cubic yards of remaining capacity. The Newby Island Landfill operator has applied to the City of San Jose to increase disposal capacity by 15 million cubic yards. Newby Island Landfill is permitted to accept up to four thousand (4,000) tons of Municipal Solid Waste (MSW) per day. The anticipated closure date of

the Newby Island Landfill is 2025. The annual waste diversion rate in the City of Milpitas is steadily increasing and was sixty (60) percent in 2006.

Development on site shall be required to retain a qualified contractor to perform construction and demolition debris recycling and developer must document to the satisfaction of the City of Milpitas, that construction and demolition debris was recycled. Development on the Specific Plan area will be required to provide on-site recycling facilities prior to obtaining certificate of occupancy permits.

f.

Natural Gas. Natural gas service to the Specific Plan area will provided by Pacific Gas and Electric Company (PG&E).

g.

Electricity. Electricity service to the Specific Plan area will be provided by PG&E.

h.

Telephone. Telephone service to the Specific Plan area will be provided by American Telephone & Telegraph (AT&T).

C.

Land Use Plan. Any and all approvals, decisions, reviews or actions required under this section and required for development within the Milpitas Commercial Specific Plan area shall be ministerial, final, and not subject to appeal, and shall be processed pursuant to Section 11.07(E), Administration, of this Specific Plan, provided the proposed development is consistent with the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Figures XI-10-11.07-6 through -9, of this Specific Plan and the conditions and requirements set forth in Figure XI-10-11.07-10, of this Specific Plan.

Development that is not consistent with the development standards set forth in the Milpitas Commercial Specific Plan and Figures XI-10-11.07-6 through -9, of this Specific Plan, and the conditions and requirements set forth in Figure XI-10-11.07-10, of this Specific Plan shall either require a Substantial Conformance Determination, as discussed below, or shall be processed under the procedures set forth for development in the General Commercial (C2) zone as set forth in the City of Milpitas Zoning Code. Development that has not commenced, which is defined as building permit issuance or completion of a foundation, within eighteen (18) months of approval of the Milpitas Specific Plan, shall be processed under the procedures set forth for development in the C2 zone as set forth in the City of Milpitas Zoning Code. The development standards shall be the same as those specified herein, but the process shall be consistent with the zoning code.

1.

Land Use Concept. The overall land use concept for the Milpitas Commercial Specific Plan is to revitalize, update and expand an existing retail facility to take advantage of the site's excellent regional access and visibility. It will improve the aesthetic and commercial landscape and provide for development of a fullservice retail use to complement existing uses in the surrounding area. The land use concept will

incorporate design elements that complement and are compatible with the architectural theme of the existing commercial landscape by creating an attractive and productive blend of retail uses. Access and parking within the Specific Plan area is intended to be designed with convenient vehicular, non-motorized vehicle and pedestrian access that blends and interconnects with the surrounding commercial area.

Figure XI-10-11.07-6 illustrates the Conceptual Site Plan for the Milpitas Commercial Specific Plan.

a.

Uses Allowed By Right. Table XI-10-11.07-1, Permitted Uses, below establishes the permitted uses for the Milpitas Commercial Specific Plan area. Ancillary and accessory uses, if proposed, will be reviewed concurrently with any application for development submitted. Ancillary and accessory uses that are not specifically listed as permitted may be approved subject to determination of substantial conformance as set forth in Section 11.07(E), Administration, of this Specific Plan. All uses shall be fully enclosed unless otherwise indicated.

Table XI-10-11.07-1. Permitted Uses

Commercial Uses Alcoholic beverage sales for offsite consumption (type 20 or 21 license) Art/photography studio or gallery Bookstore Commercial services (i.e., establishments which provide non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided, including, but not limited to, establishments such as: accountants, architects, dry-cleaners, floral shops, barber and beauty shops, interior decorators; Laundromats (self-service laundries), locksmiths, mailbox rentals, photocopy shops, shoe repair shops, tailors, and tuxedo rental shops) Furniture sales Grocery store (supermarkets) regardless of distance from residential zone(s) Home improvement (hardware, blinds, interior decorating, etc.) Household appliance store Janitorial services Newsstand (indoor and outdoor) Nursery (flower or plant) provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building or garden center. Office supply sales (stationary, equipment) Paint and wallpaper stores Pet stores Printing (newspaper, publishing)

Rentals (medical supplies, costumes, party equipment, office equipment)

Retail stores, general merchandise (i.e., retail trade establishments selling lines of merchandise, including, but not limited to: art supplies, antiques, bakeries (retail only), bicycles, candy stores, clothing and accessories, collectables, fabrics and sewing supplies, gifts (novelties and souvenirs), hobby materials, jewelry, luggage and leather goods, music stores, sporting goods and equipment, toys and games, variety stores; video rentals and sales)

Superstore-type uses including general merchandise, grocery, pharmacy and other uses permitted independently in the Specific Plan area[1]

Tanning salon

Thrift store

2. Entertainment and Recreation

Bowling alleys

Commercial athletic facilities - Indoor

Health and Veterinarian Uses

Animal grooming (no boarding)

Medical and dental office[2]

Medical support laboratories Optician and optometrist shop Pharmacy or drug store

Veterinary clinic

Professional Offices, Financial Institutions and Related Uses

Automatic Teller Machines (freestanding) Financial institutions (banks, savings and loans, check cashing, etc.)

General offices (administrative and business services, real estate, travel agencies, etc.)

5. Public, Quasi-Public and Assembly Uses

Trade and vocational school

Instruction - Private

Parking Facility - Storage Garage

Restaurants or Food Service

Catering establishment

Restaurants[3]

Vehicle Related Uses

Auto repair (tire, oil change, smog check, etc.) Temporary Recreational Vehicles (RV) sales Vehicle-oriented window service facility

Unclassified Uses 24-hour operations Accessory structures (not including warehouses on the same site as a permitted use) Temporary seasonal sales[4]

1 24-hour operations permitted as-of-right.

2 Medical and dental office is defined as a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure.

3 Does not include live entertainment, dancing, drive-thru or drive-in restaurants.

4 Any temporary seasonal sales shall comply with the requirements of Section XI-10-11.07(C)(2)(e).

2.

Site Development Standards.

a.

Land and Structure Regulations. Table XI-10-11.07-2, Land and Structure Regulations, below establishes the land and structure regulations for the Milpitas Commercial Specific Plan area:

Table XI-10-11.07-2

Land and Structure Regulations

Table XI-10-11.07-2 Land and Structure Regulations
Lot Area, minimum	10,000 square feet
Lot Width, minimum	100 feet
Maximum Floor Area Ratio	0.50
Minimum Yard Setbacks	Front: 0 feet Side Yard (interior): 0 feet; 15 feet when abutting R District Street Side Yard: 0 feet Rear Yard: 0 feet; 15 feet when abutting R District
Maximum Building Height	None
Maximum Building Square Footage	150,725 square feet

b.

General Design Concepts. Within the Milpitas Commercial Specific Plan, general design concepts address the nature and function of the use, building, or feature being considered. Architectural design and details are to be integrated throughout the Specific Plan area and oriented to areas within public view. Design within the Milpitas Commercial Specific Plan shall meld function and form, not one to the exclusion of the other, and promote the harmonious appearance of structures in other commercial areas adjacent to the Specific Plan area, including the McCarthy Ranch Marketplace which is a commercial/retail development south of the Specific Plan area.

To facilitate design integrity between the uses within the Milpitas Commercial Specific Plan and other commercial uses surrounding the Specific Plan area, the following standards shall be adhered to:

i.

Design shall reflect the "California ranch" design theme of the McCarthy Ranch Marketplace, including "salt box" style metal roofs and canopies, faux wood siding, corrugated metal cladding, and the use of colors such as Colonnade Gray, Cool Old Zinc Gray and Countryland Red. Figures XI-10-11.07-7 and -8 included in this Specific Plan comply with these requirements.

ii.

The Planning Director shall review and approve all final building plans and elevations to ensure substantial conformance with Figures XI-10-11.07-6, -7 and -8, of this Specific Plan. Substantial conformance shall be determined as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

iii.

Development within the Specific Plan area shall comply with the environmental performance standards set forth in Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan. Developer shall bear all costs of implementing such environmental performance standards.

iv.

Shipping containers shall be removed from the Specific Plan area or screened in accordance with Municipal Code Title XI, Chapter 10, Section 5.04(A)(2) to be completely enclosed within a building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and not located within any front or street side yard setbacks.

v.

No trees shall be removed until the City has approved a detailed landscape plan as set forth in Section XI10-11.07(C)(2)(c) below.

vi.

All development within the Specific Plan area shall comply with all applicable building codes and the requirements of the City, County, State and other responsible agencies.

Figures XI-10-11.07-7 and -8 illustrate the conceptual exterior elevations and conceptual colors and materials for the Specific Plan area. Development proposed that is consistent with Figures XI-10-11.07-7 and -8 shall be processed as a ministerial building permit and construction plan review as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

c.

Site Development Standards. Within the Milpitas Commercial Specific Plan area the following standards shall apply to certain types of development or uses.

i.

Alcoholic Beverage Sales. Any business conducting alcohol sales in the Specific Plan area shall comply will all Department of Alcoholic Beverage Control licensing requirements pertaining to the sale of beer, wine and distilled spirits. Business operators shall be responsible for ensuring that all employees receive "Responsible Alcoholic Beverage Service" training as offered through programs established by the Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request.

ii.

Food Preparation and Sales. The owner of any establishment involved in the preparation or sale of food shall hold training sessions to instruct their employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor; and any other procedures that would assist the business in complying with all state and local health and sanitation standards.

reparation and Sales. The owner of any establishment involved in the preparation or sale of food shall hold training sessions to instruct their employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor; and any other procedures that would assist the business in complying with all state and local health and sanitation standards.

Prior to issuance of a certificate of occupancy, the owner of any establishment involved in the preparation or sale of food shall post signs (in English, Vietnamese, Chinese, Filipino and Spanish) inside the premises for all employees, which identify procedures for the food delivery and disposing of garbage.

The preparation and storage of food is not permitted outside of the establishment.

The owner of any establishment involved in the preparation or sale of food shall comply with best management practices for the handling and disposal of solid and food wastes, as permitted by and in compliance with local and state solid waste disposal regulations.

d.

Landscaping. The quality environment envisioned for the Milpitas Commercial Specific Plan site will be established, in large part, by its landscape treatment. Landscaping is to be designed to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment.

Landscaping currently exists along the existing building frontage with North McCarthy Boulevard and Ranch Drive and within the parking area. The existing retail building and Specific Plan area is almost

entirely screened from view by this landscaping. New planter areas shall be installed along the south side of the existing retail building, but all other landscaping shall remain unchanged.

Prior to issuance of a building permit, a detailed landscape plan shall be submitted to the Planning Director for review, approval and implementation.

Prior to the issuance of grading or building permits, whichever comes first, the developer shall obtain a tree removal permit from the City of Milpitas for any trees to be removed with a trunk circumference of 37 inches or more measured at 4.5 feet above ground level. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, landscape plan review and approval, and tree removal permit issuance, shall be non-discretionary, final actions that cannot be appealed.

The detailed landscape plan shall include and/or provide for the following:

i.

The location and screening of all transformers and utility devices including backflow preventers.

ii.

The location and type of trees, shrubs and ground cover, including sizes and quantities. The legend shall also show tree canopy diameter at planting, five (5) years and ten (10) years.

iii.

Plan details for all fence and wall structures. These shall be compatible in style and material with the proposed buildings.

iv.

All planter areas shall be serviced by a sprinkler head or drip system.

v.

All trees removed with a trunk circumference of more than thirty-seven (37) inches or more measured at four and one-half (4.5) feet above ground level shall be replaced in accordance with the requirements of the City of Milpitas Tree Maintenance Protection Ordinance and as set forth in the required tree removal permit. All trees removed with a trunk circumference of less than thirty-seven (37) inches or more measured at four and one-half (4.5) feet above ground level, shall be replaced on-site with a similar tree species at no less than a 1:1 ratio. All replacement trees shall be planted within thirty (30) days of issuance of the final certificate of occupancy.

vi.

All approved landscaping shall be permanently maintained and replaced in kind as necessary to provide a permanent, attractive and effective appearance.

The approved detailed landscape plan shall be incorporated into the development proposed. All required landscaping shall be planted and in place prior to issuance of a certificate of occupancy.

Figure XI-10-11.07-9 illustrates the preliminary planting plan for the Specific Plan area. Figure XI-10-11.0711 is a colored conceptual site plan that shows all the existing and preliminary planting pursuant to the preliminary planting plan for the Specific Plan area.

Any detailed land use plan or tree removal permit submitted as part of a development proposed that is consistent with Figure XI-10-11.07-9 shall be processed as a ministerial building permit and/or construction plan review as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

e.

On-Site Circulation, Parking, and Loading.

i.

On-Site Circulation. The on-site circulation standards within the Milpitas Commercial Specific Plan will ensure the efficient and safe passage of vehicles and pedestrians to and from the various commercial uses within the Specific Plan area.

On-site circulation within the Specific Plan area shall adhere to the following requirements:

(1)

All ingress and egress routes shall be maintained clear of storage, delivery trucks or other obstructions at all times.

(2)

The circulation system shall include adequate directional signs for entrances, exits, parking areas, loading areas, and other uses.

(3)

On-site driveways shall be permitted to provide common access between the Specific Plan area and adjacent properties.

(4)

Site lines required for safe automobile movement shall be kept clear.

(5)

On-site pedestrian walkways should provide direct, safe, and adequate movement paths between parking areas and building entrances.

(6)

Truck deliveries shall enter via the northern driveway along Ranch Drive and immediately turn right and travel westbound towards the loading dock. Trucks exiting the site would retrace their path to the northern Ranch Drive driveway.

ii.

Parking. Prior to issuance of a building permit, the developer shall prepare and submit a site plan to the City of Milpitas that demonstrates that off-street parking provided on-site complies with the parking provisions of the Milpitas Commercial Specific Plan. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, review and approval of the site plan shall be a non-discretionary, final action that cannot be appealed. The intent of this action is to ensure compliance with the provision of the Milpitas Commercial Specific Plan.

The number of required parking spaces in the Specific Plan area is set forth in Table XI-10-11.07-3, Number of Parking Spaces Required, below. Gross floor area, as used in this Specific Plan, means the total of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for retail purposes.

Table XI-10-11.07-3

Number of Parking Spaces Required

Use	Minimum Parking Spaces Required
1. Commercial Uses
Commercial services1	1 per 200 square feet
Furniture and appliance stores and other bulky item retail	1 per 350 square feet
General Retail and Convenience Stores, including grocery stores	1 per 200 square feet
Plant nursery	1 per 200 square feet
Superstore-type uses including general merchandise, grocery, pharmacy and other uses permitted independently in the Specifc Plan area	1 per 200 square feet
2. Entertainment and Recreation
Arcade and Amusement	1 per 200 square feet
Bowling Alleys	6 per alley or lane
Indoor Commercial Athletic Facilities	1 per 150 square feet
3. Health and Veterinarian Uses
Medical and dental ofce	1 per 225 square feet
Veterinary clinic and Animal Grooming	1 per 250 square feet
4. Professional Ofces, Financial Institutions and Related Uses
Automatic Teller Machines (freestanding)	2 per machine
Financial institutions (banks, savings and loans, check cashing, etc.)	1 per 180 square feet
Ofces, administrative and business services	1 per 240 square feet

---	---
5. Public, Quasi-Public and Assembly Uses
Trade and vocational school	1 per 200 square feet
Instruction - Private	1 per instructional area or classroom, whichever is greater. No fewer than 3 spaces
6. Restaurants or Food Service
Restaurant - Sit Down	1 per 39 square feet of dining area
Restaurant - Take Out	1 per 2.5 seats (indoor/outdoor) plus 1 per 60 square feet GFA for the ordering or take-out area
7. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.)	3 per service bay

1 Commercial services shall have the same definition as that set forth in Table XI-10-11.07-1.

Off-street parking configurations within the Specific Plan area shall adhere to the following requirements:

(1)

Shared Parking within the Specific Plan area shall be as set forth in the City of Milpitas Zoning Code section XI-10-53.11.

(2)

Up to forty (40) percent of the required parking stalls may be designed as compact stalls to accommodate compact cars. Compact parking stalls shall be dispersed throughout the parking lot and not concentrated to discourage oversized vehicles from using the stalls. Each stall shall be legibly marked "compact stall" or "small car" on the stall surface.

(3)

Parking spaces for the disabled shall comply in all respects with the requirements of the California Code of Regulations (State Building Code) or Federal law, where such prevails over State law.

(4)

Parking spaces shall be unobstructed in operation, shall not be used for vehicle repair work of any kind unless within a building, and shall not be reduced below the required size as long as the primary use remains, unless an equivalent number of spaces is provided for said use in another approved location.

(5)

The sale or storage of merchandise in parking areas may be allowed pursuant to the provisions and requirements set forth in Figure 10 and as set forth in Section XI-10-11.07(C)(2)(e), of this Specific Plan.

(6)

All parking areas shall be kept clean and free of dirt, oil, mud or trash; pavement and striping shall be maintained in a continuous state of good repair.

(7)

All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas.

(8)

Parking stalls and drive aisle dimensions shall comply with Table XI-10-53.13-1 of the City of Milpitas Zoning Code.

(9)

All open automobile parking areas which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way and of any adopted plan line, with openings for walkway or drive purposes. Each landscaped planter in said parking facility shall be contained with a six (6) inch raised concrete curb (extruding curbing not permitted). Installation of an irrigation system shall be provided for in each planter area.

(10)

Lighting shall be provided in the parking area pursuant to Section 11.07(C)(2)(h), of this Specific Plan and shall be designed, located and arranged so as to reflect the light away from any street and any adjacent premises.

(11)

Directional signs are permitted in parking areas pursuant to Section 11.07(C)(2)(f), of this Specific Plan.

(12)

Vehicles may overhang two (2) feet into any landscape area or private walkway if the walkway is a minimum six (6) feet in width, but in no event shall the overhang be permitted within any public right-of-way.

iii.

(1)

Each loading berth shall have vehicular access to the street, without passing over other parking stalls.

(2)

Loading areas shall be designed to provide for backing and maneuvering on site and not from or within a public street. Direct loading from a public street shall not be permitted.

(3)

Loading bays shall be sealed with rubber gaskets to reduce noise impacts to adjacent areas.

f.

Outdoor Storage/Sales. Outdoor storage and sales shall be permitted in the Milpitas Commercial Specific Plan area, pursuant to the requirements set forth below.

i.

Outdoor storage of material shall be completely enclosed within a building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and not located within any front or street side yard setbacks.

ii.

Temporary seasonal sales such as Christmas tree or pumpkin sales lots may be permitted provided they do not reduce available parking to below the required parking ratio for the primary use on the site. Temporary seasonal sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales are associated. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use. Temporary seasonal sales shall be approved by Planning Department staff pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan, provided the above requirements are met, and shall be limited to fortyfive (45) days of operation per calendar year.

iii.

Outdoor sales, including temporary tent sales and periodic temporary RV sales, shall be allowed as pursuant to the provisions and requirements set forth in Figure 10 and this Section.

iv.

Ingress and egress for emergency vehicles shall be maintained at all times within the sales and storage area.

g.

Signage. Signage and graphics will be an important element within the Milpitas Commercial Specific Plan area. The intent of the sign program is to provide for maximum sign exposure for uses within the Specific Plan area in a manner that will complement the overall image of the area while preserving and enhancing the aesthetic, vehicle and pedestrian traffic safety and convenience, and environmental values of the surrounding area.

Developer shall be required to prepare and submit a sign program to the City of Milpitas for review and approval before building permit issuance. Developer shall implement the approved sign program into any proposed development in the Specific Plan area. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, any review and approval of a sign program shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the signage requirements of the Milpitas Commercial Specific Plan. Changes in existing sign copy and relocation of existing signs that do

not change the existing sign area shall be deemed to be consistent with the signage requirements of the Specific Plan and shall not require any additional approvals.

The following sets forth the requirements for signs in the Milpitas Commercial Specific Plan area:

i.

Definitions. The definitions stated in Milpitas Municipal Code Title XI, Chapter 10, Section 2.03 are incorporated herein.

ii.

Maximum Sign Area. The maximum permissible sign area in the Specific Plan area shall conform to the following area:

(1)

The total aggregate area of all signs permitted on any building site or property shall not exceed one (1) square foot of sign for each two (2) lineal feet of building perimeter on the subject parcel or not exceed two (2) square feet of sign for each one (1) lineal foot of public street frontage, at the developer's discretion.

(a)

For buildings or uses containing more than one (1) business, the allowable sign area as defined in Section (1) above shall be distributed to each business proportionately to the floor area of the subject business to the total floor area for all leasable structures on the parcel or site; or, distributed to each business proportionately to the building façade of the subject business by one (1) square feet of sign area per one (1) lineal feet of adjacent building façade oriented towards a property line of a site or common parking area.

(b)

Public street frontage with non-access rights or no immediate direct access, such as flood control channels, but excluding landscaped planter areas, shall not be included in computing public street frontage for purposes of sign area calculations.

(c)

Any square footage of a sign shall be deducted from the total maximum permissible sign area allowed for the site, unless otherwise specified or exempted in this Specific Plan.

The following signs shall not count towards the maximum sign area allocations: Ancillary Service Signs; Blade Signs; City Identification Signs; Flag Signs; Menu Board Sign for Drive Through; one "open/closed" Window Sign; and Temporary Signs. Based on public street frontage the maximum allowable sign area is 2,806 square feet in the Specific Plan area.

iii.

General Sign Requirements.

(1)

The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained.

(2)

Signs should be an integral part of the design of the storefronts of mixed-use buildings.

(3)

To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design.

(4)

Signage shall not obstruct pedestrian circulation.

(5)

While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language.

(6)

The business name and address shall be displayed on the tenant space if located in a multi-tenant building or on the building or property for a single occupant building.

(7)

All signs shall be erected only upon the site occupied by the persons or business sought to be identified or advertised by such signs.

(8)

Lighting - All lighting sources shall be adequately diffused or shielded; bare lighting sources, such as neon, bare fluorescent tubes, incandescent bulbs, light emitting diodes (LED) and similar devices are not permitted.

(9)

Construction - The sign's supporting structure shall be as small in density and as simple as is structurally safe; sign letters and materials should be professionally designed and fabricated; multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically; exposed transformers are prohibited; exposed conduit and tubing must be mitigated so that they are inconspicuous.

(10)

Materials - Sign faces should be constructed of non-brittle, non-yellowing Polycarbonate material or superior; signs should be constructed using high-quality materials such as metal, plastic, stone and wood; impact resistive plastic shall be used on all internally illuminated signs utilizing plastic sign faces. Whenever

a plastic internally illuminated sign face, advertising copy or message becomes damaged and is to be replaced, said sign face shall be replaced with a sign face constructed of impact resistive plastic.

iv.

Standards for Specific Types of Permanent Signs.

(1)

Ancillary Service Signs must be affixed to building, wall or window, and shall be smaller in scale to the tenant signs.

(2)

Architectural Signs shall constitute an integral part of a roof or marquee and must have a minimum clearance of ten (10) feet from the ground.

(3)

Area Identification Signs shall not require extensive maintenance or upkeep.

(4)

Blade Signs shall provide a minimum of eight (8) feet of clearance above the walkway surface below, be pedestrian oriented only, project a maximum of four (4) feet from the wall of a building, and not be internally illuminated.

(5)

City Identification Signs erected on private property do not count toward the maximum number of freestanding signs allowed on site.

(6)

Freestanding Signs greater than six (6) shall be part of an approved sign program as set forth in Section XI10-11.07(C)(2)(f), of this Specific Plan. Freestanding signs shall be erected in on-site landscaped planter areas and maintained in a neat and healthy manner in perpetuity with vegetation that is appropriate to the site. The planter area shall extend a minimum of three (3) feet from the base of the sign. The height of free standing signs shall be measured from grade level of the closest public sidewalk, curb or public street. A freestanding sign may consist of more than one (1) sign panel provided that all such sign panels are consolidated into one (1) common integrated sign structure.

(7)

Graphic Panel Signs shall be located within five (5) feet of the main building wall. They do not count as freestanding signs, but the display area on graphic panels counts towards overall sign area.

(8)

Joint Use Signs shall be approved as part of a Sign Program and only for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are strongly encouraged.

(9)

Menu Board Signs for drive-thru and speakers shall be oriented away from the public right-of-way.

(10)

Off-Site Public Information Signs for a quasi-public use may request up to two (2) signs to be located by the City within the public right-of-way. These signs shall only include the name of the use in letters not exceeding four (4) inches in height and an arrow specifying the appropriate direction. Requests for such signs shall be made in writing by an authorized representative of the use and shall include the general location desired for said signs. The City Manager, or his or her designee, shall determine the precise location and sign design based on good traffic engineering practice and shall provide for erection of the signs.

(11)

Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. Unless modified by an approved sign program, projecting signs shall only be located on the middle one-third of the front wall of a building and shall not extend from the front wall to which they are attached more than five (5) feet. Projecting signs shall not project into a public right-of-way.

(12)

Wall Signs shall have a maximum area as set forth in Table XI-10-11.07-4, Matrix of Permanent Sign Types, below. The exposed face of a wall sign shall be installed in a plane parallel to the plane of the wall.

The maximum number, size and height of permanent signs, as defined and discussed above, is set forth in Table XI-10-11.07-4, Matrix of Permanent Sign Types.

Table XI-10-11.07-4

Matrix of Permanent Sign Types

Sign Type	Maximum Number of Signs Permitted	Maximum Size per Sign	Maximum Height per Sign
Ancillary Service Signs	n/a	n/a	None
Architectural Sign	n/a	n/a	n/a
Area Identifcation Sign	n/a	60 square feet	n/a
Blade Sign	One per elevation of each tenant space	n/a	15 feet above walkway surface
City Identifcation Sign	n/a	n/a	n/a
---	---	---	---
Flag Signs	1 per site or building	40 square feet per fag sign	n/a
Freestanding Sign	1 per each parcel's public street frontage, 1 additional sign for sites with more than 300 feet of public street frontage	n/a	25 feet max; 1 foot of height for every 8 lineal feet of public street frontage. For any second sign, only the lineal feet in excess of 300 shall be used to determine height.
Graphic Panel Sign	n/a	n/a	n/a
Joint Use Sign	See Freestanding Sign
Menu Board Sign for Drive Through	2 per site	n/a	6 feet
Of-site Public Information Sign	n/a	n/a	n/a
Projecting Sign	One per business	Sixteen (16) square feet per side unless increased pursuant to approve Sign Program.	n/a
Wall Sign	n/a	n/a	n/a
Window Sign	n/a	Shall not exceed twenty- fve (25) percent of the contiguous window area.	n/a

Standards for Specific Types of Temporary Signs.

(1)

Balloon Signs shall be allowed for grand openings (when first opened or after significant remodeling) for a business, promotional events for individual businesses or group of businesses on a parcel. Only one (1) sign may be attached to the balloon to identify the name of the shopping center, business, activity or event. No other smaller balloons shall be attached to the balloon or its supporting or secure lines. The balloon shall be securely mounted to the ground or a room and shall not move by any other means than normal wind current.

(2)

Banner Signs shall be securely attached flush to a building and located on the premise of the business or use it advertises. The banner sign may be wrapped around a permitted permanent freestanding sign or wall sign when used to announce a change of business name. This banner would be allowed in addition to any other banner for the business.

(3)

Construction Signs may indicate the opening date, architect, engineer, contractor, future business or lending agency and shall only be placed on the site of work under construction with a valid building permit.

(4)

Grand Opening Signs are permitted when used for bona-fide grand opening functions after a business' initial occupancy, new ownership, name change or the reopening of a business that completely closed for remodeling for at least two week and shall only be displayed at the business for which the grand opening will occur.

The maximum number, size and height of temporary signs, as defined and discussed above, is set forth in Table XI-10-11.07-5, Matrix of Temporary Sign Types.

Table XI-10-11.07-5

Matrix of Temporary Sign Types

Sign Type	Maximum Number of Signs Permitted	Maximum Size per Sign	Maximum Height per Sign	Duration
Balloon Sign	1 per event		50 feet above grade	Up to four (4) times per calendar year. Maximum 30 days per event, 15 days for subsequent displays during year. Minimum 30 days between display occurrences
Banner Sign	1 per elevation	60 square feet		Maximum 30 consecutive days for 1stevent; maximum 15 consecutive days for subsequent event. Displays shall be interrupted by 30 days.
				Maximum four (4) banner signs permitted per calendar year. If associated with a remodel, the interruption period may be waved.
---	---	---	---	---
Construction Sign	2 per street frontage For tenant improvements: 2 maximum	32 square feet	6 feet when freestanding	After issuance of building permit and removed upon approval of fnal occupancy
Grand Opening Sign	1 per elevation	60 square feet		30 days
Temporary Use Sign	1 per street frontage	32 square feet	8 feet	To be erected only during the temporary use and taken down upon completion of temporary use

vi.

Prohibited Signs and Elements of Signs. The following types of signs are prohibited in the Specific Plan Area: Off-Site Advertising Displays; Privately-Owned Signs Resembling Traffic Signs; Reflective Signs; Rotating or Moving Signs; Roof Sign or Signs Extending Above Roof Ridge; Signs That Are A Traffic Hazard; Sound or Odor Emitting Signs; Other Advertising Structure; and Statuary Signs.

The following types of signs are prohibited subject to the exceptions noted below:

(1)

Abandoned Signs shall be removed within ninety (90) days after the business the sign advertised has ceased and shall include elimination of all sign copy and if the sign was mounted on a building, the building façade shall be restored to its original state to the best extent possible.

(2)

A-Frame Signs and Portable Signs with the exception of public services signs and open house directional signs.

(3)

Blinking, Flashing Lights or any sign having fluttering lights or other illuminating device which has changing light intensity, brightness or color unless approved pursuant to an approved sign program.

(4)

Temporary Signs except construction signs, grand-opening signs, and temporary promotional signs.

(5)

Vehicle-Mounted Signs where the vehicle is not legally registered, not operable, not parking within the confines of a striped parking space approved by the City of Milpitas or parked within the confines of a striped parking space approved by the City of Milpitas or a city street for more than seventy-two (72) hours.

(6)

Portable Signs

h.

Noise.

i.

Construction Noise. Hours of exterior construction shall be limited to between the hours of 7 a.m. and 7 p.m. daily except holidays. All construction equipment shall be acoustically muffled to reduce noise in accordance with Caltrans Standard Specifications.

ii.

Operational Noise. Development in the Specific Plan area shall comply with the noise standards contained in the Noise Element of the Milpitas General Plan.

i.

Lighting. The following section addresses illumination of on-site areas for purposes of safety, security, and nighttime ambience, including lighting for parking areas, pedestrian walkways, graphics and signage, architectural and landscape features, shipping and loading areas, and any additional exterior areas.

Prior to issuance of building permits, the developer shall ensure that all exterior lighting fixtures (buildingmounted and freestanding) are shielded, recessed, or directed downward to prevent unwanted illumination of neighboring properties. Fixtures shall be appropriate in terms of height, style, design, scale and wattage to the use of the property. Fixtures shall be spaced appropriately to maximize pedestrian safety. This may be accomplished by submitting a Lighting Plan for review and approval by the Planning Director as set forth in Section XI-10-11.07(E), Administration, of the Milpitas Commercial Specific Plan. Any review of a Lighting Plan shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the provisions of the Milpitas Commercial Specific Plan. The approved Lighting Plan shall be incorporated into the development proposed.

j.

Police Protection. Developer shall conduct a crime survey of the area to evaluate the security needs for development in the Specific Plan area and shall implement a security plan based on this analysis. Any security plan shall be submitted to the City of Milpitas Police Department for review and approval. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, any review and approval of a security plan shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the police protection requirements of the Milpitas Commercial Specific Plan.

The following security measures shall be incorporated into any development in the Specific Plan area and may be part of the developer's security plan:

i.

A closed-circuit camera surveillance system for inside and outside of any retail building. These cameras should monitor the store entrance, cash registers and safe;

ii.

A parking lot patrol that assists customers, ensures safety, and takes action to identify and prevent any suspicious activity (such as loitering and vandalism) both during the day and nighttime hours, and a plainclothes patrol inside the retail building to ensure safety and security;

iii.

Practices and procedures to prohibit consumption of alcohol in the parking lot by having employees regularly patrol the parking lot areas while collecting shopping carts and report any inappropriate activity to the appropriate management staff;

iv.

A burglar, robbery and/or panic alarm;

v.

Clearly marked and lighted parking areas to allow for safe circulation; and,

vi.

On-site security twenty-four (24) hours a day during construction to prevent theft or vandalism of construction materials.

3.

Business Licenses. Prior to the issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the developer will comply with City of Milpitas provisions for obtaining business licenses for the construction contractor and subcontractors.

Prior to the issuance of a Final Certificate of Occupancy, the developer shall comply with City of Milpitas provisions for obtaining business licenses (including amendments to existing licenses) for the building occupant.

D.

Infrastructure, Grading and Construction. Any and all approvals, decisions, reviews or actions required under this section and required for development within the Milpitas Commercial Specific Plan area shall be ministerial, final and not subject to appeal, and shall be processed pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan.

1.

Infrastructure.

a.

General Provisions. Any development in the Specific Plan area shall comply with the following:

i.

All existing on-site public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure shall be permitted within City easements and no trees or deeprooted shrubs are permitted within City utility easements, where the easement is located within landscape areas.

ii.

Submittal of the Sewer Needs Questionnaire and/or Industrial Waste Questionnaire is required with any building permit application. Payment of the storm water connection fee and treatment plant fee shall be paid prior to building permit issuance.

iii.

Developer must pay all applicable development fees, including but not limited to, plan check and inspection deposit, and two and one-half percent (2.5%) building permit automation fee. These fees are collected as part of the secured public improvement agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor & materials. All fees shall be paid prior to building permit issuance.

iv.

Before building permit issuance, developer shall obtain design approval from the City Engineer pursuant to Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan, for all necessary public improvements along Ranch Drive, including, but not limited to, the installation of new pedestrian crosswalk and ped-flashing warning signals, new mid-block ramp, signage and striping, and installation of new median. Developer shall bond for such improvements and execute a secured public improvement agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor and materials. All public improvements shall be constructed to the City Engineer's satisfaction and accepted by the City prior to building occupancy permit issuance.

v.

At the time of building permit application, developer shall pay any project job account balance due to the City for recovery of review fees. Review of any permit submittals will not be initiated until balance is paid in full.

b.

Water Facilities. The Specific Plan area will receive water service from the City of Milpitas. The City of Milpitas's Urban Water Management Plan indicates that under normal water years, water supplies are sufficient to serve demands within the City through 2030. Under multiple dry year scenarios, demand is expected to surpass supply as soon as 2010. Because the Specific Plan area has an existing building, that building's water demand is accounted for in the City's water demand projections. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased potable water demand that would adversely impact the water system. Development may be suspended, however, prior to building permit issuance if necessary to stay within available water supplies and will remain suspended until water is available. The City shall provide Developer with written evidence that available water supplies do not exist prior to suspending any development within the Specific Plan area. The Specific Plan area is estimated to generate ten thousand nine hundred (10,900) gallons per day of water demand. Implementation of the Specific Plan will not require new or expanded water facilities.

Development in the Specific Plan area must install the following indoor water conservation measures prior to issuance of the final certificate of occupancy to reduce overall demand for potable water: low-flow or ultra-low-flow toilets and urinals; and sensor-activated faucets in restrooms.

c.

Wastewater Facilities. The Specific Plan area would convey wastewater via municipal sewage infrastructure maintained by the City of Milpitas to the San Jose/Santa Clara Water Pollution Control Plant. A wastewater trunk line is located in North McCarthy Boulevard from SR-237 to the Milpitas Pump Station located at Dixon Landing Road. The trunk line ranges in diameter from thirty-six (36) to forty-eight (48) inches. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased effluent generation that would adversely impact the sewer system or treatment plan capacity. Development may be suspended, however, prior to building permit issuance if necessary to stay within the safe allocated capacity at the San Jose/Santa Clara Water Pollution Control Plant and will remain suspended until sewage capacity is available. The City shall provide Developer with written evidence that available sewage capacity does not exist prior to suspending any development within the Specific Plan area. The Specific Plan area is estimated to generate six thousand three hundred ninety (6,390) gallons per day of effluent. Implementation of the Specific Plan will not require new or expanded wastewater treatment facilities.

Development in the Specific Plan area will be required to pay a Treatment Plant Fee, a standard requirement for new development projects.

d.

Storm Drains. Implementation of the Specific Plan will not require new or expanded offsite storm drainage facilities. However, at the time of building permit plan check, the developer shall submit a grading plan and

a Drainage Study prepared by a registered Civil Engineer that recommends adequate drainage facilities to properly accept and convey drainage flows from the Specific Plan area. The study shall be reviewed and approved by the City Engineer, pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan. Developer shall incorporate the conclusions and recommendations of the approved Drainage Study prior to building permit issuance.

e.

Solid Waste Disposal. Republic Services provides solid waste and recycling services to the City of Milpitas, including the Specific Plan area. During construction, it is estimated that the Specific Plan area would generate approximately five thousand seven hundred thirty-seven (5,737) tons of solid waste. During operation, it is estimated that the Specific Plan area would generate approximately 361.7 tons of solid waste annually. Before starting construction in the Specific Plan area, developer shall retain a qualified contractor to perform construction and demolition debris recycling. Developer must document, to the satisfaction of the City of Milpitas, that construction and demolition debris was recycled. Before building permit issuance, developer shall show on-site facilities necessary to collect and store recyclable materials. The facilities shall include receptacles in public spaces that are of high-quality design and identify accepted materials. Business owners in the Specific Plan area must comply with best management practices for the handling of solid and food wastes, as permitted by and in compliance with local and state solid waste disposal regulations.

f.

Natural Gas. PG&E will provide natural gas service to the Specific Plan area and has available natural gas supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual natural gas consumption is 8.79 million cubic feet.

g.

Police Protection. The Milpitas Police Department will provide police protection to the Specific Plan area. No new or expanded police protection facilities are necessary to serve the Specific Plan area.

h.

Fire. The Milpitas Fire Department will provide fire protection and emergency medical services to the Specific Plan area. No new or expanded fire protection facilities are necessary to serve the Specific Plan area.

i.

Electricity and Telephone. The Specific Plan area is located within PG&E's service territory. PG&E would provide electrical services to the Specific Plan area. PG&E has available electricity supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual electricity consumption is 2.37 million kilowatt hours.

Telephone service to the Specific Plan area will be provided by AT&T.

Schools. Prior to the issuance of building permits, the developer shall pay school impact fees. Impact fees are currently forty-seven cents ($0.47) per square foot.

2.

Project Access. Access to the Specific Plan area allows for safe and efficient travel to and from the area. Administrative provisions and signage of the Specific Plan will facilitate direction and access throughout the area. Public transportation exists in the Specific Plan area and a direct pedestrian connection links the existing retail building with the Ranch Drive sidewalk, allowing for safe and convenient access between the existing retail building and the bus stop. A designated pedestrian connection between the existing retail building and the balance of the McCarthy Ranch Marketplace to the south and Ranch Drive to the north exists and will be maintained with any development of the Specific Plan area.

Vehicular access to the Specific Plan area will be provided by two (2) driveways onto Ranch Drive and a McCarthy Ranch Marketplace driveway entrance located to the southeast of the existing retail building. The driveways on Ranch Drive are stop-controlled and provide single-lane ingress and egress. Truck deliveries would enter via the northern driveway along Ranch Drive and immediately turn right and travel westbound towards the loading dock. Trucks exiting the site would retrace their path to the northern Ranch Drive driveway.

Prior to the issuance of a Certificate of Occupancy, Developer shall obtain the necessary approvals for the installation of VTA bus stop improvements consisting of retention of the bus stop in its existing location, and installation of a seven-foot by twenty-foot Portland cement concrete shelter pad behind the sidewalk/passenger waiting pad with retaining wall. Bicycle storage facilities shall also be installed prior to the issuance of the final certificate of occupancy. These facilities shall consist of at least one (1) rack located in a visible and convenient location (i.e., near the entrance to the building) and that provides storage equivalent to two (2) percent of the minimum parking requirement in the Specific Plan area.

Developer also shall work with and negotiate in good faith with the adjacent property owner to obtain permission for the design and construction of striped pedestrian crossing and associated median and/or ramp modifications at the shared driveway for McCarthy Ranch Marketplace and Specific Plan area entrances.

3.

Grading. Given the relatively level topography within the Specific Plan area, development will result in modest changes to topography and ground surface features. During grading and construction, however, developer shall adhere to all applicable recommendations for abating expansive soil conditions contained in the Geotechnical Engineering Investigation or comparable geotechnical study. Prior to the issuance of grading permits, developer shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Milpitas that identifies specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities.

4.

Construction. During all construction activities within the Milpitas Commercial Specific Plan area, the following measures shall be implemented:

a.

Water all active construction areas and exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) at least two (2) times per day;

b.

Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two (2) feet of freeboard;

c.

Pave, apply water three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites;

d.

Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites;

e.

Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets;

f.

All vehicle speeds on unpaved roads shall be limited to fifteen (15) miles per hour;

g.

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;

h.

Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points;

i.

All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and,

j.

A publicly visible sign shall be posted with the telephone number and person to contact at the City of Milpitas regarding dust complaints. This person shall respond and take corrective action within forty-eight

(48) hours. The phone number of the Bay Area Air Quality Management District shall also be visible to ensure compliance with applicable regulations.

5.

Fiscal Implementation. Implementation of the Specific Plan including, without limitation, construction of all infrastructure and private facilities contemplated in the Specific Plan, will be financed as follows:

a.

All infrastructure necessary to implement the Specific Plan will be privately funded (by way of debt and/or equity financing), except to the extent that the cost of components of the infrastructure is a) funded by development impact fees, fair share contributions and other payments to public agencies and/or b) reimbursed from any public source.

b.

All private improvements necessary to implement the Specific Plan will be privately financed (by way of debt and/or equity financing).

E.

Administration.

1.

Permit Processing. Development within the Specific Plan area that is consistent with the provisions of the Milpitas Commercial Specific Plan and the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Figures XI-10-11-07-6 through -9, and the conditions and requirements set forth in Figure 10, shall be processed under building permit and/or construction plan review and no additional approvals or permits shall be required. Any review or action by City agencies, entities or individuals (i.e., the Milpitas Police Department; the City Engineer; the City Building Department; Planning Director) on such development submittals shall be considered part of building permit and/or construction plan review. The action shall be limited to a determination of compliance with the provisions of the Milpitas Commercial Specific Plan and all applicable building codes and other requirements of the City, County, State and/or other responsible agencies. Building permit and/or construction plan review shall be non-discretionary, final actions that cannot be appealed.

Development that is not consistent with the development standards set forth in the Milpitas Commercial Specific Plan, shall either require a Substantial Conformance Determination, as discussed below, or require approval under the provisions and requirements of the Milpitas Zoning Code for development in the C2 Zone.

Any building permit issuance in the Specific Plan area will be conditioned on the availability of water and sewage capacity as set forth in Sections XI-10-11.07(D)(1)(b) and XI-10-11.07(D)(1)(c). Conformance with the provisions of this Specific Plan do not provide a vested right to the issuance of a Building Permit as water and sewage capacity availability is a material (demand/supply) condition to development on the Specific Plan area.

2.

Existing Uses. Operation and maintenance of existing uses or structures in the Specific Plan area are not subject to the provisions of the Milpitas Commercial Specific Plan provided a building permit has been obtained and is still valid at the time of the effective date of the provisions codified in this title. Any expansion or development of existing uses or structures, however, would require compliance with the provisions of the Milpitas Commercial Specific Plan.

3.

Substantial Conformance Determination.

a.

Purpose. A Substantial Conformance Determination is a mechanism to allow the approval of minor modifications for development under the Specific Plan. A Substantial Conformance Determination may include, but is not limited to, minor modifications to the conceptual plans (Figures XI-10-11.07-6 through9); inclusion of land uses not listed in Section XI-10-11.07(C)(1) of the Specific Plan; modifications that

A Substantial Conformance Determination is a mechanism to allow the approval of minor modifications for development under the Specific Plan. A Substantial Conformance Determination may include, but is not limited to, minor modifications to the conceptual plans (Figures XI-10-11.07-6 through9); inclusion of land uses not listed in Section XI-10-11.07(C)(1) of the Specific Plan; modifications that

might be necessary to comply with applicable infrastructure, public services and facilities requirements, and landscape palette; and other issues. A Substantial Conformance Determination does not apply to significant modifications in the basic design of the Specific Plan area; changes to the height or bulk of the approved uses; or increases in the density or intensity of the approved uses unless specifically permitted by the provisions of this Specific Plan.

The purpose of a Substantial Conformance Determination is to ensure orderly development, quality aesthetic design, and safe and harmonious placement of uses within the Specific Plan area. A Substantial Conformance Determination (unless specifically noted otherwise) shall be made by the Planning Director or designee administratively, without the need for a public hearing. In making a Substantial Conformance Determination, the Planning Director or designee shall first make all of the required findings set forth in this section.

b.

Guidelines For A Substantial Conformance Determination. The following guidelines explain the requirements for making a Substantial Conformance Determination, and the limits placed on the degree of variance from the provisions of the Specific Plan that can occur as part of a Substantial Conformance Determination.

i.

Permitted Land Uses. Land uses not listed as permitted in Section XI-10-11.07(C)(1) of this Specific Plan may be permitted, with a Substantial Conformance Determination, provided that:

(1)

The proposed use is compatible with the uses permitted described in Section XI-10-11.07(C)(1) of this Specific Plan; and

(2)

The proposed use is similar to and will not cause environmental impacts substantially greater than the other permitted uses set forth within Section XI-10-11.07(C)(1) of this Specific Plan.

ii.

Infrastructure. Any modifications to the alignment of access roads; parking lot configurations, or adjustments to individual infrastructure facilities plans such as drainage, sewer, water, and utilities shall be subject to a Substantial Conformance Determination by the Planning Director or designee. Prior to making a Substantial Conformance Determination, the Planning Director or designee shall make the finding that the proposed modification will not result in any environmental impacts substantially greater than those which would occur without any modification.

iii.

Environmental Performance Standards. The Planning Director or designee may approve minor variations from the environmental performance standards set forth in Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan, with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall first find that the proposed variation provides substantially equivalent environmental protection as the originally approved standard.

iv.

Conceptual Plan and Other Specific Plan Provisions. Provisions of the Specific Plan including, but not limited to, architectural details; landscape palette; building size, height, bulk, and orientation; parking lot layout; and other plan details may be modified with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisions of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

A maximum ten (10) percent modification to permitted lot coverage, setbacks, floor area (other than the maximum allowable with the Specific Plan area), parking and fence and wall heights may be permitted subject to a Substantial Conformance Determination by the Planning Director or designee. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisions of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

The required parking spaces may be reduced by the Planning Director or designee subject to a Substantial Conformance Determination after preparation of a parking study demonstrating the proposed reduction in parking spaces is justified based on the mix of uses within the Specific Plan area and the use of shared parking between those uses.

A comprehensive sign program shall be submitted to the Planning Director for finding that it complies with the signage requirements of the Milpitas Commercial Specific Plan. Such finding shall be made as a part of building permit and/or construction plan review. Any subsequent sign permit applications that substantially comply with the comprehensive sign program shall be shall be processed as a ministerial building permit

and/or construction plan review. Any comprehensive sign program that does not comply with the signage requirements of the Milpitas Commercial Specific Plan shall require a Substantial Conformance Determination.

4.

Substantial Conformance Determination Procedure.

a.

Application. Applications for a Substantial Conformance Determination shall be made on forms provided by the Planning Director or designee and shall be accompanied by a filing fee, equivalent to the fee for a Site Development Permit application. Applications shall be made by the owner of the property for which the approval is sought, or an authorized agent.

b.

Hearing. No public hearing shall be required for a Substantial Conformance Determination.

c.

Action by Reviewing Authority. The reviewing authority for a Substantial Conformance Determination shall be the Planning Director or designee. The reviewing authority shall take action by providing written notice to the applicant or developer approving, conditionally approving, or denying a Substantial Conformance Determination. The action of the Planning Director or designee shall be final with no appeal.

d.

Findings. The Planning Director or designee must make a Substantial Conformance Determination if all of the following findings, in addition to those identified above, can be made:

i.

The physical characteristics of the site have been adequately assessed, and proposed building sites are of adequate size and shape to accommodate proposed uses and all other features of development.

ii.

There is supporting infrastructure, existing or available, consistent with the requirements of the Milpitas Commercial Specific Plan, to accommodate the development without significantly lowering service levels.

iii.

The development resulting from the determination of substantial conformance will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land uses, as well as the character of the surrounding area.

iv.

The proposed improvements related to the development resulting from a Substantial Conformance Determination adequately address all natural and man-made hazards associated with the proposed development and the project site.

5.

Periodic Review. After receiving a certificate of occupancy, development in the Milpitas Commercial Specific Plan Area is subject to a six-, twelve- and eighteen-month review by the Planning Commission. The review shall be a public hearing to review conformance of the development with the requirements of the Milpitas Commercial Specific Plan.

6.

Specific Plan Amendments.

a.

Purpose. Specific Plan amendments are governed by Government Code Section 65453 and the Milpitas Municipal Code Section XI-10-57.02.

Process.

i.

The Specific Plan may be amended or repealed only by a majority of the voters voting in an election thereon.

ii.

Notwithstanding subsection (a), upon application of the fee title holder of the Milpitas Commercial Specific Plan area, the City Council may amend the Specific Plan to further the purposes of this Specific Plan, but in no case can such amendment reduce or eliminate the parties' obligation to fund, construct, or cause to be funded or constructed, the public benefits or Environmental Performance Standards required.

F.

Environmental Performance Standards. The Specific Plan includes environmental performance standards to ensure that development proceeds with appropriate environmental sensitivity. Environmental studies related to aesthetics, light and glare, health risks, air quality, biological resources, geology, soils and seismicity, hazards and hazardous materials, hydrology and water quality, noise, public services and utilities,

transportation and urban decay were conducted for an expansion of the existing retail facility in the Specific Plan area. Environmental performance standards were developed from these environmental studies along with information from the City of Milpitas General Plan.

All environmental performance standards shall be implemented in accordance with the Specific Plan's environmental performance standards and implementation process as outlined in Table XI-10-11.07-6,

Milpitas Commercial Specific Plan Environmental Performance Standards. The developer of the Specific Plan area shall bear all costs of implementing the environmental performance standards.

Table XI-10-11.07-6 - Milpitas Commercial Specific Plan Environmental Performance Standards

Environmental Performance Standards	Method of Verifcation	Timing of Verifcation	Responsible for Verifcation	Verifcation of Completion	Verifcation of Completion
				Date	Initial
1. Aesthetics, Light, and Glare
AES-1a: Prior to issuance of building permits, the developer shall prepare and submit a sign program to the City of Milpitas for review and approval. The sign program shall demonstrate compliance with the applicable requirements with Milpitas Municipal Code Title XI, Chapter 30. The approved sign program shall be implemented into the proposed project.	Approval of plans	Prior to issuance of building permits	City of Milpitas Planning Department
AES-1b: Prior to issuance of grading or building permits, whichever comes frst, the developer shall obtain a tree removal permit from the City of Milpitas for any trees slated for removal with a trunk circumference of 37 inches or more measured at 4.5 feet above ground level. Replacement of such trees shall be performed in accordance with the requirements of the Tree Maintenance and Protection Ordinance. Removed trees that are not covered by the Tree Maintenance and Protection Ordinance (i.e., less than 37 inches in circumference at 4.5 feet above ground level) shall be replaced onsite with a similar tree species at no less than a 1:1 ratio. All replacement trees shall be planted prior to the issuance of the fnal certifcate of occupancy.	Issuance of permit; Site inspection	Prior to issuance of grading or building permits (whichever comes frst); Prior to issuance of the fnal certifcate of occupancy	City of Milpitas Planning Department and Public Works Department
AES-1c: Prior to issuance of the fnal certifcate of occupancy, the developer shall do one of the following: 1)	Site inspection	Prior to issuance of the	City of Milpitas
permanently remove all shipping containers from the project site; or 2) obtain a minor Site Development Permit Approval and install screening measures in accordance with Zoning Ordinance requirements. If the second option is pursued, outdoor storage of containers shall occur in a completely enclosed building or behind a visually obscure solid wall or tight board fence a minimum 6 feet in height and outside any front or street side yard setback area.		fnal certifcate of occupancy	Planning Department
---	---	---	---	---	---
AES-2: Prior issuance building permits, the developer shall ensure that all exterior lighting fxtures associated with the existing retail building (building- mounted and freestanding) are shielded, recessed, or directed downward to prevent unwanted illumination of neighboring properties.	Approval of plans	Prior issuance building permits	City of Milpitas Planning Department
2. Air Quality
AIR-3: The following measures shall be implemented during all construction activities:	Site inspection	During construction activities	City of Milpitas Ofce of Building Safety
• Water all active construction areas and exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) at least two times per day.
• Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard.
• Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
• Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites.
---	---	---	---	---	---
• Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment of when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifcations. All equipment shall be checked by a certifed mechanic and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to contact at the City of Milpitas regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number of the Bay Area Air Quality Management District shall also be visible to ensure compliance with applicable regulations.
AIR-7a: The developer shall use paving materials with increased solar refectivity	Approval of plans and site	Prior to issuance of	City of Milpitas
in areas where pavement is replaced. Such materials shall use light-colored aggregate or other appropriate methods to achieve high solar refectivity. The developer shall provide construction details and specifcations that shall be submitted with construction drawings and installed with improvements.	inspection	Building Permit	Planning Department
---	---	---	---	---	---

Environmental Performance Standards	Method of Verifcation	Timing of Verifcation	Responsible for Verifcation	Verifcation of Completion	Verifcation of Completion
AIR-7b: Prior to issuance of the fnal certifcate of occupancy, the developer shall post signs in the loading docks advising truck drivers to turn of engines when not in use and advising truck drivers of state law prohibiting diesel idling of more than 5 minutes.	Site inspection	Prior to issuance of the fnal certifcate of occupancy	City of Milpitas Planning Department
AIR-7c: Prior to issuance of the fnal certifcate of occupancy, the developer shall do the following:	Approval of plans; Site inspection; ongoing	Prior to issuance of the building permit; ongoing.	City of Milpitas Planning Department and Ofce of Building Safety
• Prior to building permit issuance, a secondary closed loop system shall be evaluated and implemented, if found to be technically and economically feasible. Details and specifcations shall be included with the construction drawings.
• The developer shall maintain the refrigeration system at least once per year to ensure that refrigerant leaks remain minimal. The maintenance records shall be kept onsite for review by the City of Milpitas.
• During installation of the new refrigerators and freezers, efort shall be made to reuse the existing refrigerants in the new system, unless the old refrigerant is not the same type as is proposed in the new system or more leakage would occur if the refrigerants are reused.
AIR-7d: Prior to issuance of the fnal certifcate of occupancy, the developer shall provide the following Transportation Demand Management measures:	Site inspection	Prior to issuance of the fnal certifcate of occupancy	City of Milpitas Planning Department
---	---	---	---	---	---
• Public transit information in the employee breakroom. Store management shall post information such as Santa Clara Valley Transportation Authority bus and light rail schedules, maps, and fares.
• Ride sharing information in the employee breakroom. Store management shall facilitate ride sharing by providing sign-up sheets or other measures to allow interested employees to identify carpooling opportunities.
• Bicycling information. Store management shall post information such as bicycle route maps and information about taking bikes on public transportation.
AIR-7e: To reduce construction related greenhouse gas impacts, the following measures are required:	Submittal of documentation	During construction activities	City of Milpitas Planning Department
• At least 15 percent of the construction vehicles/equipment shall be fueled by an alternative source such as biodiesel and/or electric.
• At least 10 percent of all building materials shall be local (within 100 miles); and
• At least 50 percent of construction and demolition materials shall be recycled. This latter provision shall be coordinated with Mitigation Measure PSU-6a.
3. Biological Resources
BIO-1: If vegetation removal associated with development of the property is to occur during the nesting bird season (February 15 through August 31), a qualifed biologist shall conduct a pre- construction survey for nesting birds to identify any potential nesting activity. The pre-construction surveys for nesting birds shall be conducted within 14 days prior to any construction-related activities (grading, ground clearing, etc.). If nesting birds are identifed on the site, a 100-foot bufer shall be maintained around the nests; no construction- related activities shall be permitted within the 100-foot bufer. A qualifed biologist shall monitor the nests, and construction activities may commence within the bufer area at the discretion and presence of the biological monitor. The pre-construction survey for nesting birds shall not be required if construction activities occur outside of the nesting bird season (September 1 through February 14).	Submittal of documentation; Site inspection	Within 14 days prior to any construction- related activities during the nesting bird season (February 15 through August 31)	City of Milpitas Planning Department
---	---	---	---	---	---
4. Geology, Soils, and Seismicity
GEO-1a: Prior to issuance of building permits, the developer shall submit a seismic hazards technical study prepared by a qualifed geotechnical engineer to the City of Milpitas for review and approval. The report shall be prepared in accordance with the requirements of the Seismic Hazards Mapping Act and shall identify necessary design measures to reduce potential seismic ground shaking impacts to acceptable levels. The developer shall incorporate the approved design measures into the project plans.	Approval of plans	Prior to issuance of building permits	City of Milpitas Ofce of Building Safety
GEO-1b: Prior to issuance of building permits, the developer shall submit a design-level geotechnical investigation	Approval of plans	Prior to issuance of building permits	City of Milpitas Ofce of
to the City of Milpitas for review and approval. The design-level investigation shall address the potential for ground failure to occur onsite and identify abatement measures to reduce the potential for such an event to acceptable levels. The abatement measures shall be incorporated into the project design.			Building Safety
---	---	---	---	---	---

Environmental Performance Standards	Method of Verifcation	Timing of Verifcation	Responsible for Verifcation	Verifcation of Completion	Verifcation of Completion
GEO-1c: Prior to issuance of building permits, the developer shall submit plans to the City of Milpitas for review and approval that demonstrate that the proposed project is designed in accordance with all state and local seismic safety requirements. Such requirements shall include the California Building Standards Code and Milpitas Municipal Code, Title II. The approved plans shall be incorporated into the project design.	Approval of plans	Prior to issuance of building permits	City of Milpitas Ofce of Building Safety
GEO-4: During grading and construction, the developer shall adhere to all applicable recommendations for abating expansive soil conditions contained in the Geotechnical Engineering Investigation or comparable geotechnical study. This includes the excavation of expansive soils and the subsequent replacement of such soils with non-expansive engineered fll.	Site inspection	During grading and construction	City of Milpitas Ofce of Building Safety
5. Hydrology and Water Quality
HYD-1: Prior to the issuance of grading permits for the proposed project, the developer shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Milpitas that identifes specifc actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities. The SWPPP shall identify a practical sequence for BMP implementation and maintenance, site restoration, contingency measures,	Approval of plan	Prior to the issuance of grading permits	City of Milpitas Planning Department and Public Works Department
responsible parties, and agency contacts. The SWPPP shall include, but not be limited to, the following elements:
---	---	---	---	---	---
• Temporary erosion control measures shall be employed for disturbed areas.
• No disturbed surfaces shall be left without erosion control measures in place during the winter and spring months.
• Sediment shall be retained onsite by a system of sediment basins, traps, or other appropriate measures.
• The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains.
• BMP performance and efectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verifcation of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the RWQCB to determine adequacy of the measure.
• In the event of signifcant construction delays or delays in fnal landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the wet season.
HYD-2: Prior to the issuance of building permits for the proposed project, the developer shall submit a stormwater management plan to the City of Milpitas for review and approval. The stormwater management plan shall comply with the	Approval of plan	Prior to the issuance of building permits	City of Milpitas Planning Department and Public
requirements of Milpitas Municipal Code Title XI, Chapter 16 and identify pollution prevention measures and practices to prevent polluted runof from leaving the project site. Examples of stormwater pollution prevention measures and practices to be contained in the plan include, but are not limited to:			Works Department
---	---	---	---	---	---
• Strategically placed bioswales and landscaped areas that promote percolation of runof
• Pervious pavement
• Roof drains that discharge to landscaped areas
• Trash enclosures with screen walls
• Stenciling on storm drains
• Curb cuts in parking areas to allow runof to enter landscaped areas
• Rock-lined areas along landscaped areas in parking lots
• Catch basins
• Oil/water separators
• Regular sweeping of parking areas and cleaning of storm drainage facilities
• Employee training to inform store personnel of stormwater pollution prevention measures
The developer shall also prepare and submit an Operations and Maintenance Agreement to the City identifying procedures to ensure that stormwater quality control measures work properly during operations.
6. Public Services and Utilities
PSU-3: Prior to building permit issuance, the developer shall include details and specifcation in the construction drawings and install the following indoor water conservation measures:	Approval of plans	Prior to issuance of the fnal certifcate of occupancy	City of Milpitas Planning Department, Ofce of
			Building Safety and Public Works Department
---	---	---	---	---	---
• Low-fow or ultra-low-fow toilets and urinals
• Sensor-activated faucets in restrooms

Environmental Performance Standards	Method of Verifcation	Timing of Verifcation	Responsible for Verifcation	Verifcation of Completion	Verifcation of Completion
PSU-6a: Prior to the commencement of construction activities, the developer shall retain a qualifed contractor to perform construction and demolition debris recycling. The developer shall provide documentation to the satisfaction of the City of Milpitas demonstrating that construction and demolition debris was recycled.	Submittal of documentation	Prior to issuance of building permits	City of Milpitas Planning Department
PSU-6b: Prior to building permit issuance, the developer shall show onsite facilities necessary to collect and store recyclable materials. The facilities shall include receptacles in public spaces that are of high-quality design and identify accepted materials.	Approval of plans; Site inspection	Prior to issuance of building permits	City of Milpitas Planning Department
7. Transportation
TRANS-1a: Prior to the issuance of building permits, the developer shall provide fair-share fees to the City of Milpitas for improvements to the Dixon Landing Road/N. Milpitas Boulevard intersection and the widening of Dixon Landing Road in the amount of $31,960 ($3,000 for the intersection improvement and $28,960 for the roadway widening). The fees will go towards the following intersection improvements: 1) modifying the signal operation to include a southbound right-turn overlap and subsequent signal timing optimization or 2) adding a northbound left turn lane, a southbound right-turn lane, and eastbound left-turn and right-turn lanes.	Receipt of fees	Prior to the issuance of building permits	City of Milpitas Planning Department
The widening shall consist of adding an additional lane in each direction between I-880 and N. Milpitas Boulevard. Both improvements are identifed in the Valley Transportation Plan 2035.
---	---	---	---	---	---
TRANS-1b: Prior to the issuance of fnal certifcate of occupancy, the developer shall provide the City of Milpitas the full cost of signal timing modifcations at the N. McCarthy Boulevard/Ranch Drive (south) intersection in the estimated amount of $2,500 dollars. The modifcations shall consist of re-timing the signal to increase the current cycle length. This mitigation measure shall not apply if the signal timing is modifed prior to the developer seeking the fnal certifcate of occupancy.	Receipt of fees	Prior to the issuance of fnal certifcate of occupancy	City of Milpitas Planning Department
TRANS-3: Prior to issuance of building permits, the developer shall provide a trafc management fee in the amount of $180,000 to the City of Milpitas. The fees shall be used for circulation and trafc operation improvements within the City of Milpitas, including signal coordination and intersection improvements. Specifc improvements that shall be fully funded by funds collected shall include:	Receipt of fees	Prior to issuance of building permits	City of Milpitas Planning Department
• McCarthy Boulevard/Technology Drive: The eastbound approach shall be re- striped to provide two left-turn lanes and one shared through/right lane.
• McCarthy Boulevard/SR-237 Westbound Ramps: An additional westbound right-turn lane shall be constructed to provide two left-turn lanes, two through lanes, and two right- turn lanes for the westbound approach.
• Ranch Drive: The roadway shall be restriped to extend the existing two-way left-turn lane from the northern driveway of the existing retail building to the end of the existing westbound left-turn lane

at the McCarthy Boulevard/Ranch Drive (North) intersection.

at the McCarthy Boulevard/Ranch Drive (North) intersection.
TRANS-5: Prior to issuance of building permits, the developer shall prepare and submit a site plan to the City of Milpitas that demonstrates that of-street parking is provided onsite complies with the Milpitas Municipal Code Parking Regulations and Development Standards. The approved site plan shall be incorporated into the proposed project.	Approval of plan (Note: Project plans submitted comply with the City's of- street parking requirements)	Prior to issuance of building permits	City of Milpitas Planning Department
TRANS-8: Prior to building permit issuance, the developer shall provide details and specifcations for bicycle storage facilities on the construction drawings and install prior to occupancy. Bicycle storage facilities shall consist of at least one rack located in a visible and convenient location (e.g., near the store entrance) and that provides storage equivalent to 2 percent of the proposed project's minimum parking requirement.	Approval of plans; Site inspection	Prior to issuance of the fnal certifcate of occupancy	City of Milpitas Planning Department
TRANS-9: Prior to commencement of construction activities, the developer shall submit a Construction Trafc Control Plan to the City of Milpitas for review and approval. The plan shall identify the timing and routing of all major construction equipment and materials deliveries to avoid potential trafc congestion and delays on the local street network and the McCarthy Ranch Marketplace, and to encourage the use of I-880 and SR-237. If necessary, construction equipment and materials deliveries shall be limited to of-peak hours (e.g., mornings or evenings) to avoid conficts with local trafc circulation. The plan shall also identify suitable locations for construction worker parking.	Approval of plan	Prior to commencement of construction activities	City of Milpitas Planning Department

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 20, 8/20/19; Ord. No. 38.799, § 2, 4/19/11)

Section 12 - Overlay Districts and Standards

XI-10-12.01 - Purpose and Intent

The General Plan establishes a number of overlay designations for the City. These designations are to be used along with underlying land use designations, such as residential, commercial, mixed-use, and open space designations, also established in the General Plan. Overlay districts signify that an area or site has been identified to have distinct characteristics, requiring special development standards or guidelines beyond those for the underlying zoning designation. The General Plan details the goals, objectives and policies for areas with the overlay designations, which are meant to be used along with the goals, objectives and policies for the underlying zoning designation for an area. It is the purpose of this section to implement the General Plan's vision for the overlay districts through development regulations and guidelines specific to each overlay. The goals for each of the overlay districts are provided with a description of the district, in the following sections.

(Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.02 - Gateway Office (-OO) Overlay District

A.

Purpose and Intent. The purpose of the Gateway Office Overlay District ("-OO") is to provide for higher intensity, Class A office development at gateways to the City of Milpitas. Uses other than Class A offices, shall be permitted or shall require use permit approval as applicable for the underlying zoning district.

B.

Applicability. The "-OO" overlay may be combined with the "C2" or the "CO" districts. However, if any of the regulations specified in the "-OO" overlay district differ from any corresponding regulations of any district with which the "-OO" District is combined, then the provisions of the "-OO" overlay district shall govern.

C.

Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the -OO overlay are the same uses as those allowed within the underlying base zones.

D.

Development Standards. The following standards apply on to Class A offices: all other permitted or conditional uses shall conform to the development standards of the underlying zoning district.

1.

Building Height.

a.

Buildings shall not exceed six (6) stories and eighty-five (85) feet in height.

b.

A Conditional Use Permit may be approved by the Planning Commission for buildings that exceed this standard up to a total height of eight (8) stories and one hundred fifteen (115) feet in height for exceptional architecture and aesthetic merit. Refer to Section XI-10-57.04(C)(2)(b), Conditional Use Permits, of this chapter.

2.

Floor Area Ratio. The maximum Floor Area Ratio (FAR) is one hundred fifty percent (150% or 1.5).

3.

Front and Street Side Setbacks.

a.

The maximum front and street side setback shall be ten (10) feet from back of sidewalk. There is no minimum building setback.

b.

Where a public easement prevents a building from being located in at its required maximum setback, the building shall be located as close to the back of said easement as is possible.

c.

The building shall be parallel to the street and its main entrance shall face the street.

4.

Off-Street Parking Requirements. For Class A office buildings there shall be at least three and three tenths (3.3) parking stalls per one thousand (1,000) square feet of gross floor area (1 parking space per 303 square feet).

5.

Landscape and Open Space.

a.

Each Class A office building within the "-OO" overlay district shall provide an outdoor open space or plaza that is designed in accordance with the Guidelines set forth in the Midtown Specific Plan.

An area no less than ten percent (10%) of the Class A office site area shall be developed as usable open space. This can include plazas, courtyards, pedestrian promenades, balconies, roof decks, and landscaped open space.

E.

Additional Development Requirements. Development within the "-OO" overlay district must incorporate the following measures to ensure an attractive, landmark quality entry image to Milpitas, and encourage the use of alternative modes of transportation.

1.

Adherence to the design guidelines of the Midtown Specific Plan (if located within said plan), which provide for an attractive street presence of the building, stepped buildings to orient the building mass to the main street frontage.

2.

Participation in the Valley Transportation Agency's EcoPass or similar programs that support mass transit.

3.

Initiation or participation in a transportation management program.

4.

Provision of secure and weather protected bicycle parking and showers for employees.

F.

Exception to Standards.

1.

Exceptions to all but the floor area ratio standards may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section XI-10-57.04, Conditional Use Permits, of this chapter.

2.

In addition to the required findings under Section XI-10-57.04(F), Required Findings, of this chapter, the Planning Commission must be able to make the following two additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

(Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.03 - High Rise (-HR) Overlay District

A.

Purpose and Intent. The High-rise Overlay District (-HR) is intended to be a special district to allow greater building height and density at strategic locations to frame major City gateways and provide unique housing, shopping and employment opportunities.

The purposes of the High-rise Overlay District (-HR) are to:

1.

Provide development standards for taller, high rise buildings at appropriate locations that act to promote and support compact, pedestrian-oriented high density mixed-use land uses including diverse employment, dynamic retail and urban residential that serve as a gateway to the City of Milpitas;

2.

Encourage the synergy and integration between vertical mixes of uses;

3.

Create a place that represents a unique, attractive destination for residents and visitors; and

4.

Enhance the community's character through the promotion of high-quality urban design.

B.

Applicability. The HR Overlay can be combined with any zoning district and applied to infill projects that are located along freeways and expressways.

C.

Permitted, Accessory and Conditionally Permitted Uses. Permitted and conditional uses within the HR Overlay are the same uses as those allowed within the underlying base zones except as noted below.

D.

Development Standards. The development standards for the underlying base zoning district shall apply, except any deviations noted below:

1.

Dwelling Units Per Acre (min-max): 60-150 per gross acre.

(Ord. 38.782 (2), 12/16/08)

XI-10-12.04 - Mobile Home Park (-MHP) Overlay District

A.

Purpose and Intent. The purpose of the Mobile Home Park Overlay District is to promote the expansion and diversification of the available housing opportunities within the City of Milpitas by the establishment of standards for the creation of planned mobile home parks.

These provisions will further encourage the creations of stable, attractive residential environments within the individual mobile home parks themselves and provide for a desirable transition to the surrounding conventional residential area.

B.

Applicability. The following regulations shall apply in the "R1-6," "R2," "R3-20," and "HS," which may be combined with the MHP overlay district in addition to the regulations of the underlying zoning district, provided, however, that if any of the regulations specified in this Section differ from any corresponding regulations specified in this Chapter for the underlying District which is combined with an "MHP" overlay district, then the provisions of this Section shall govern.

C.

Principal Permitted Uses. The following are the principal permitted uses in the "MHP" overlay district:

1.

Mobile Home Parks for single-family dwelling uses.

2.

Common recreational facilities and structures.

3.

Administrative offices for Mobile Home Park use.

4.

Residential quarters for use by manager or other Park employees.

5.

Accessory uses normally incidental to a mobile home park, such as but not limited to coin-operated laundry and car washing facilities which are accessible only through the internal park circulation system.

D.

Conditionally Permitted Uses. The following uses and facilities may also be permitted if a Conditional Use Permit is granted by the Planning Commission provided they are found to be subordinate to the primary

mobile home residential function and which are provided for the exclusive use and convenience of residents, residents' family, and guests of the park:

1.

Mobile home and mobile home accessory equipment sales provided such area has direct access from a public street and not through the internal street system of the park.

2.

Personal service establishments such as but not limited to beauty parlors and barbershops.

3.

Other uses which are in accord with the intent of this Section.

E.

Development Standards.

1.

Site Location Criteria. Mobile Home Parks must be located abutting a major street so as to provide for direct access to and from said major street. "Major Street" shall mean a public street having a minimum of four (4) moving lanes in addition to area on both sides to accommodate on-street parking or six (6) moving lanes regardless of allowance for on-street parking.

2.

Yard Area and Dwelling Unit Density Requirements. The following minimum requirements shall be observed except where increased for Conditional Uses:

a.

Park Area. Mobile Home Park sites shall not be less than twenty-five (25) contiguous gross acres.

b.

Mobile Home Park Dwelling Unit Density Per Gross Acre. Areas zoned single-family residential 6000 square feet per dwelling unit ("R1-6") or two-family residential ("R2") shall not exceed six (6) mobile home dwelling units per gross acre. Areas zoned multiple-family residential 2000 square feet per dwelling unit ("R3-20") shall not exceed seven (7) mobile home dwelling units per gross acre. Areas zoned Highway Service ("HS") shall not exceed seven (7) mobile home dwelling units per gross acre.

Provided, however, that all of the above-listed mobile home dwelling units densities may be increased up to a maximum of one (1) additional dwelling unit per gross acre upon the finding by the Planning Commission that the proposed development will consist of a superior functional and aesthetic design which exceeds all or a portion of those standards contained within the adopted Development Standards No. 2—Mobile Home Parks.

c.

Building Setbacks from Parcel Boundaries.

i.

Abutting a public street thirty-five (35) feet.

ii.

Where the rear or side of an "MHP" zone abuts a residential district, there shall be a rear or side yard or both of twenty-five (25) feet.

iii.

Abutting all other zoning districts—fifteen (15) feet.

iv.

Mobile Home Individual Yard Regulations. Minimum yard requirements around individual mobile homes, accessory buildings, carports and awnings shall be determined by California Administrative Code, Title 25, Chapter 5. The Commission or Council may vary this requirement to accommodate innovative design arrangements (see General Development Policy: Mobile Home Parks).

d.

Height Regulation. No recreational and administrative building approved as a part of the mobile home park shall exceed those height regulations pertaining to the base District with which the "MHP" is combined.

3.

Landscaping and Open Space Requirements.

a.

A minimum of twenty-five (25) percent of the total park area (not including vehicular accessways and other nonrecreational areas plus permanent buildings) shall be landscaped for recreational open space and this shall be shown on the Site Plan in detail for Planning Commission approval.

b.

A community recreation center which possesses a floor area of twenty-five (25) square feet per mobile home unit but in no case less than a minimum of three thousand seven hundred fifty (3,750) square feet shall be provided and be centrally located within the Park. Space devoted to administrative offices, laundry or other nonrecreational uses which may be developed in conjunction with the community center shall be in addition to the above minimum recreational floor space.

c.

Whenever an entire park or portion of a park is proposed to be used as "family" occupancy the park must provide, subject to Planning Commission approval, additional play areas for children that are of a

convenient size and separated from adult recreation areas.

d.

Each unit shall be provided with a contiguous and permanently surfaced patio area exclusive of the mobile home pad of not less than two hundred (200) square feet.

e.

Each mobile home shall be maintained weed free.

4.

Automobile Parking and Circulation.

a.

The main access to a Mobile Home Park shall be from an abutting major or collector street. (See Site Location Criteria for definition).

b.

The main entrance of a Mobile Home Park shall consist of two (2) ten-foot travel lanes for ingress and an additional two lanes for egress, separated by a landscaped median, a minimum of ten (10) feet in width and one hundred (100) feet in length.

c.

An illuminated directory map shall be provided at all entrances out of the main travel way to the Park in such a manner as to be read by the driver of an entering vehicle without leaving his vehicle. Size and location shall be approved by the Planning Commission.

d.

Additional access points may be allowed after review of specific location by the Planning Commission subject to minimum driveway width of thirty (30) feet at the property line.

e.

All private roadways within the Park shall provide for twenty-five (25) feet in travel lane width and an additional ten (10) feet for each parking lane located along said roadway.

f.

All private roadways shall be structurally designed for a minimum traffic index of five (5) and shall include concrete curbs and gutters.

g.

Residential off-street parking shall be provided at a minimum ratio of two and one-half (2.50) spaces per dwelling unit. One space shall be contiguous to the individual mobile home site and the additional space

may be grouped into a centralized parking area if located within one hundred fifty (150) feet of the dwelling unit to be served.

The remaining portion of the parking requirement is for boats, campers, travel trailers, Park maintenance equipment and similar large items providing for centralized areas to accommodate their storage.

The location of said areas shall be to the approval of the Planning Commission through a Site Development Permit, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits.

h.

A parking space shall be a minimum of nine (9) feet in width.

i.

Parking contiguous to the mobile home site shall be so designed as to assure that a parked automobile will not encroach into an access street and in no case be closer than fifteen (15) feet from a pedestrian walkway.

j.

Parking contiguous to the community center will be provided at a ratio of one space for each fifteen (15) mobile home dwelling units within the Park in addition to the above.

F.

Other Required Conditions. The following additional conditions shall apply in an "MHP" overlay district:

1.

All permitted and conditional uses proposed shall be required to submit Site and Exterior Architectural Plans to be reviewed for approval in conjunction with Planning Commission consideration of zone change application for "MHP" Overlay District.

2.

Site and architectural approval shall be subject to consideration of those policies contained in General Policy—Mobile Home Parks.

3.

Mobile home park development within the City shall comply with applicable provisions of the California Health and Safety Code, relating to the maintenance, use and occupancy of mobile homes and the construction and operation of mobile home parks, as well as the regulations set forth in Title 25, Chapter 5 of the California Administrative Code except when provisions of this Title call for more restrictive regulations.

4.

The park operator shall be responsible for the maintenance of all park and lot landscaping.

5.

Plants, shrubs and trees which die or otherwise become deteriorated shall be replaced with units of equivalent size to the then existing vegetation.

6.

Approval of each Mobile Home Park overlay district zone change is subject to the owner entering into a Maintenance Agreement to the approval of the City Attorney prior to issuance of any City permit.

7.

Each mobile home park operator shall notify the Building department at least 48 hours prior to hauling to or storage on or placement of a mobile home on a lot in a mobile home park for the purpose of enabling the Building Department to assure compliance with Section 18404 of the California Health and Safety Code.

(Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.05 - Site and Architectural (-S) Overlay District

A.

Purpose and Intent. Site and Architectural (-S) Overlay District is intended to be a distinct district that promotes orderly, attractive and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing or disallowing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of this Chapter or which are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Planning Commission may establish more stringent regulations than those otherwise specified for the District.

B.

Applicability. The provisions in this section apply to development within the -S Overlay District. These provisions do not apply to any property within the R1-6, R1-8, and R1-10 districts.

1.

Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the (-S) Overlay are the same uses as those allowed within the underlying zoning districts.

C.

Development Review for the Site and Architectural (-S) Overlay District. Development in areas designated by -S are subject to Site Development Permits or Minor Site Development Permits, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this chapter. Depending on the scale of development proposed, other Discretionary Permits may be required, as well.

Please refer to Section XI-10-57, Applications, of this Chapter, for the requirements for other Discretionary Permits.

(Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.06 - Transit Oriented Development (-TOD) Overlay District

A.

Purpose and Intent. The purpose of the Transit Oriented Development Overlay District ("TOD") is to provide for land uses, land use densities and intensities and development standards that act to enhance and support transit and to locate such uses near rail transit stations. These provisions allow for a mix of goods and services within a convenient walk of the transit stations, encourage the creation of stable, attractive residential, commercial and industrial environments within the District and provide for a desirable transition to the surrounding conventional areas.

B.

Applicability. The "-TOD" overlay can be combined with any zoning district on lands that are generally within a 2,000 foot walk from a rail transit station. If any of the regulations specified in the "-TOD" overlay district differ from any corresponding regulations of any district with the "-TOD" Overlay district is combined, then the provisions of the "-TOD" Overlay district shall govern.

C.

Permitted, Accessory and Conditionally Permitted Uses. Permitted and conditional uses within the -TOD Overlay are the same uses as those allowed within the underlying base zones except as noted below. Refer to the use tables for Residential and Mixed Use Zones, within this chapter.

1.

Accessory Uses in R3-TOD/R4-TOD/R5-TOD Zones.

a.

Retail stores, offices, and commercial service establishments as defined in Section XI-10-2.03, Definitions, provided they are:

i.

On the ground floor level;

ii.

Located on or within three hundred (300) feet of arterials or collectors including Great Mall Parkway, Montague Expressway, Milpitas Boulevard, Trade Zone Boulevard, and Piper Drive;

iii.

Less than or equal to ten thousand (10,000) square feet in gross floor areas;

iv.

Not open past 10:00 p.m.;

v.

Conducted wholly within a building, except for approved outdoor seating areas;

vi.

Not Adult Businesses as defined in Section XI-10-13.04, Adult Businesses, of this chapter;

vii.

Not specifically noted in Section XI-10-6.04, Mixed Use Zone General Development Standards, of this chapter, as requiring Conditional Use Permit approval; and

viii.

Not specifically noted in Section XI-10-6.04, Mixed Use Zone General Development Standards, of this chapter, as a use not permitted in a mixed-use district.

If items a through d are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, of this chapter.

b.

Restaurants, or restaurants which include internet usage for customers, provided they:

i.

Are located on or within three hundred (300) feet of arterials or collectors including Great Mall Parkway, Montague Expressway, Milpitas Boulevard, Trade Zone Boulevard, and Piper Drive;

ii.

Are located on the ground floor;

iii.

Provide no dancing or live entertainment;

iv.

Have only ancillary on-premise consumption of beer and wine associated with food sales;

v.

Conform to the performance standards as listed in Subsection XI-10-6.02-5, Restaurant Uses within Mixed Use Zones, of this chapter.

If items a through d are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, Conditional Use Permits, of this chapter.

c.

Other accessory uses and accessory buildings customarily appurtenant to a permitted use, as provided for in Section XI-10-54.08, Accessory Buildings and Structures, of this chapter.

2.

Conditionally Permitted Uses. The following require the approval of a Conditional Use Permit in accordance with Section XI-10-57.04, Conditional Use Permits, of this chapter.

a.

Retail stores, offices and commercial service establishments, as defined in Section XI-10-2.03, Definitions, of this chapter, which do not meet the criteria in Section XI-10-12.06(C)(1)(a), Accessory Uses in R3TOD/R4-TOD/R5-TOD Zones, of this section.

b.

Restaurants, or restaurants which include internet usage for customers, which do not meet the criteria in Section XI-10-12.06(C)(1)(b) Accessory Uses in R3-TOD/R4-TOD/R5-TOD Zones, of this chapter.

c.

The following uses may be allowed on the ground floor of a mixed use or residential building if a Conditional Use Permit is granted by the Planning Commission:

i.

Transit stations and parking.

ii.

Small-scale commercial uses to serve residents and local pedestrian traffic and to transit users, such as dry cleaners, video rentals, day care centers and cafes.

D.

Prohibited Uses.

1.

Vehicle oriented window service facilities, including drive-up or drive-in services.

2.

Adult Businesses, as defined in Section XI-10-13.04, Adult Businesses, of this chapter.

Development Standards. The development standards for the underlying base zoning district shall apply, except any deviations noted below:

1. MXD-TOD Areas.

a.

Residential developments shall be a minimum of thirty-one (31) dwelling units per gross acre and shall not exceed forty (40) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Residential building height shall not exceed four (4) stories and sixty (60) feet, including special architectural elements such as towers and spires.

c.

The maximum FAR for nonresidential buildings in the "MXD" District is one hundred percent (100% or 1.0).

2.

MXD2-TOD Areas.

a.

Residential developments shall be a minimum of thirty-one (31) dwelling units per gross acre and shall not exceed fifty (50) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Childcare Centers.

i.

Childcare centers are exempt from the FAR limits.

ii.

Square footage dedicated to childcare centers may be counted towards the commercial space requirement.

3.

MXD3-TOD Areas.

Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed seventy-five (75) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Building Height. Greater height up to twenty-four (24) stories may be allowed with Planning Commission review.

Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed seventy-five (75) dwelling units per gross acre.

b.

Ground floor retail, restaurant, and commercial service uses are permitted, up to a maximum Floor Area Ratio of fifty percent (50% or 0.50).

Ground Floor Commercial Design Standards. On retail mixed use streets, and in any other areas with ground floor retail, restaurant, and commercial service uses, the following standards apply:

Ground Floor Commercial Depth. Ground floor commercial tenant spaces shall be at least sixty (60) feet deep. Exceptions may be allowed for small tenant spaces less than two thousand five hundred (2,500) square feet.

ii.

Floor to Ceiling Height.

Retail: minimum eighteen (18) feet.

Office: minimum fifteen (15) feet.

iii.

Windows. At least sixty (60) percent of the ground floor wall area between three (3) and eight (8) feet above the sidewalk shall be glass or other transparent material.

iv.

Blank Walls. No more than thirty (30) percent of the linear frontage per street may be blank. No more than twenty-five (25) contiguous feet in length may be blank.

v.

Building Entrances. There shall be at least one entrance per one hundred (100) feet of building frontage.

vi.

Exterior Materials. All ground floor exterior materials shall be durable, quality materials, such as tile, stone, brick or glass.

vii.

viii.

Floor Elevation. Ground floor elevation shall be no more than two feet above or below the sidewalk level.

C2-TOD Areas.

a.

Floor Area Ratio. The maximum FAR in the "C2-TOD" District is one hundred percent (100%, or 1.0).

8.

"MP-TOD" Areas.

a.

Side Yard Setbacks.

i.

Minimum ten (10) feet.

ii.

Minimum thirty-five (35) feet when abutting residential uses.

Rear Yard Setbacks.

i.

Minimum twenty (20) feet.

ii.

Minimum one hundred (100) feet when abutting residential uses.

10.

I-TOD Areas.

a.

Floor Area Ratio. There will be no maximum FAR in the "I-TOD" district.

F.

Off-Street Parking and Bicycle Parking.

1.

Off-Street Parking. Total off-street parking required in the Parking Schedule (refer to Section XI-10-53.23) and elsewhere in this Chapter may be reduced up to twenty percent (20%) for all "-TOD" overlay districts.

Development projects in the Transit Area Specific Plan area shall have maximum off-street parking requirements which are equal to the minimum off-street parking requirements of the base zoning district. Refer to the Parking Schedule in Section XI-10-53.23.

3.

For locations within the Transit Area Specific Plan, preferential parking for carpools shall be one percent of the total amount of parking spaces required and appropriately signed.

Table XI-10-12.06

Number of Parking Spaces Required for MXD-TOD Zones

Use	MXD/MXD2/MXD3
	Min Required	Max Allowed
Studio	0.8 covered	1.0 covered
1 Bedroom	1.2 covered	1.5 covered
2 + Bedrooms	1.6 covered	2.0 covered
Guest Parking	15% of required total
Bicycle Parking	Long-term Bicycle Parking: 1 per every 4 housing units (25%)
	Short-term Bicycle Parking: 1 per every 20 parking spaces required (5%)
Retail	0.8 per 250 sq. ft.	1.0 per 250 sq. ft.
Ofce	0.8 per 303 sq. ft.	1.0 per 303 sq. ft.
Other Uses	Refer to Table 53.23, Parking Schedule, of	this title.
Preferential Parking for Carpools	1% of required total

G.

Bicycle Parking.

1.

Long-term bicycle parking shall be one space per every four housing units.

2.

Short-term bicycle parking shall be one space per every 20 parking spaces required.

H.

Landscape and Open Space Requirements for Residential Uses.

When combined with "-TOD" there shall be no minimum on-site open space requirements other than those specified in the base zoning district; however, adequate open space shall be provided to the approval of the Planning Commission through the Site Development Permit process.

2.

All residential projects within the Transit Area Specific Plan area shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.

a.

b.

I.

Additional Development Requirements.

i.

Whenever a new building is constructed, regardless of size;

ii.

Whenever the use of an existing building is expanded or changed to a use requiring 50% or more off-street parking spaces, as determined by the City's adopted parking standards; or

iii.

Whenever an existing building is increased in gross floor area by 10% of the existing gross floor area or is enlarged by 500 or more square feet, whichever is less (all additions or enlargements completed since May 2, 2002 shall be totaled).

If exterior building or site improvements (including signage) are proposed that do not fall under subsections (i) through (iii) above, such improvements shall be designed to conform to the Midtown policies, guidelines and standards applicable to the improvements, without requiring additional Midtown-related improvements to be imposed.

b.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

2.

Transit Area Specific Plan.

a.

i.

Whenever a new building is constructed, regardless of size;

ii.

Whenever the use of an existing building is expanded or changed to a use requiring 50% or more off-street parking spaces, as determined by the City's adopted parking standards; or

iii.

If exterior building or site improvements (including signage) are proposed that do not fall under subsections (i) through (iii) above, such improvements shall be designed to conform to the Transit Area policies, guidelines and standards applicable to the improvements, without requiring additional Transit Area-related improvements to be imposed.

b.

c.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

(Ord. 38.781 (1), 12/16/08; Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.07 - Recreation and Entertainment (-RE) Overlay District

A.

Purpose and Intent. The Recreation & Entertainment Overlay District (-RE) is intended to be a special district to allow a unique mixture of indoor and outdoor recreation and entertainment uses that attract patrons from the surrounding region.

The purposes of the Recreation & Entertainment Overlay District (-RE) are to:

1.

Create a district that will be an attractive destination that draws visitors to Milpitas.

2.

Encourage the interaction of a commercial and entertainment uses to enhance retail spending opportunities

3.

Diversify the City's economic base to protect the local economy from downturns in any one economic sector.

B.

Applicability. The RE Overlay is indented to be combined with commercial and industrial districts located west of Interstate 880.

C.

Use Regulations

a.

Permitted and Conditionally Permitted Uses.

i.

Primary uses. The uses identified in Table 12.07-1 shall be the primary uses allowed to occur on a property. The primary uses identified are either permitted (P), conditionally permitted (C), or not permitted (NP) in the underlying zoning districts.

b.

Accessory uses. The following accessory uses are allowed when incidental to the primary use:

i.

Cafeterias in industrial areas may be permitted when ancillary to a primary use and associated with business or industrial uses.

c.

D.

Development Standards. The development standards for the underlying base zoning district shall apply.

Table XI-10-12.07-1

Recreation & Entertainment Overlay District Uses

Use	C2	HS	MP	M1
1. Commercial Uses
Alcoholic beverage sales	C	C	C1	C1
Art/photography studio or gallery	P	P	C	C
Bookstore	P	P	NP	NP
Business support services	P	P	P	P
Commercial services2	P	P	P	P
Furniture sales	P	P	NP	C
Grocery store (supermarkets)
Within 1,000 ft. of residential zone	C	C	NP	NP
Not within 1,000 ft. of residential zone	P	P	NP	NP
Head/Smoke/Tobacco shop	C	C	NP	NP
Home improvement (hardware, blinds, interior decorating, etc.)	P	C	NP	NP
Household appliance store	P	P	NP	NP
Janitorial services	P	P	P	P
Newsstand	P	P	P	P
Nursery (fower or plant)	P	P	NP	NP
Ofce supply sales (stationary, equipment)	P	P	C	C
---	---	---	---	---
Pawnshop	C	NP	NP	NP
Pet store	P	P	NP	NP
Rentals (medical supplies, costumes, party equipment, ofce equipment)	P	P	P	P
Retail stores, general merchandise	P	C	NP	NP
Thrift store	P	P	NP	NP
2. Entertainment, Recreation & Food Services
Amusement park	C	C	C	C
Aquatic center or park	C	C	C	C
Banquet hall	C	C	C	C
Bars or nightclubs (including dancing/entertainment)	C	C	C	C
Billiards	C	C	C	C
Bowling alley	P	C	C	C
Cafeteria	P	P	P	P
Card room	C	C	C	C
Catering establishment	P	P	P	P
Indoor motion picture theater	C	C	C	C
Internet access studio	C	C	C	C
Recreation or entertainment facility	C	C	C	C
Restaurants	P	P	P	P
(With drive-in and drive-thru)	C	C	C	C
Shooting range, indoor	NP	C	NP	NP
3. Health and Veterinarian Uses
Animal grooming (no boarding)	P	P	NP	NP
Commercial athletic facilities	P	P	P	P
Hospitals	C	C	C	NP
Kennel	C	NP	NP	P
Massage establishment11	MC	MC	NP	NP
Massage establishment, accessory11	MCS	MCS	NP	NP
Medical and dental clinic	C	NP	NP	P
Medical and dental ofce	P	NP	NP	P
Medical support laboratories	P	P	P	P
Optician and optometrist shop	P	NP	NP	NP
Pharmacy or drug store	P	P	NP	NP
Sauna and steam bath	C	P	NP	NP
Tanning salon	P	P	NP	NP
Veterinary clinic	C	C	P	P

4. Industrial Uses[3]

4. Industrial Uses3	4. Industrial Uses3	4. Industrial Uses3	4. Industrial Uses3	4. Industrial Uses3
Assembly from pre-processed materials4	C	P	P	P
Bottling facility	NP	NP	NP	P
Commercial laboratory	C	P	P	P
Distribution facility	NP	NP	P	P
Lumberyard	C	C	NP	NP
Mini-storage complex with or without caretaker residence	C	C	NP	C
Plant or facility (research & development, assembly, manufacturing, processing, repairing, etc. or materials, merchandise or products)	C	NP	P	P
Plumbing, sheet metal or woodworking	C	C	NP	P
Printing (newspaper, blueprint, publishing)	P	P	C	P
Recycling processing facility	NP	NP	NP	C
Sign sales and fabrication (electric and neon sign, sign painting)	C	P	NP	P
Warehousing and wholesale	C	P	P	P
5. Lodging
Hotels/motels	C	C	C	C
6. Professional Ofces, Financial Institutions and Related Uses
Automatic teller machines (freestanding)5	P	P	P	P
Financial institutions (banks, savings and loans, etc.)	P	P	P	P
General ofce (administrative and business services, real estate, travel agencies, etc.)	P	P	P	P
7. Public, Quasi-Public and Assembly Uses
Auction hall	C	C	C	C
Child care
Child care center	C	C	NP	NP
Day care school	C	C	NP	NP
Club or social organization	C	C	NP	NP
Conference center	C	C	C	C
Cultural center	C	C	C	C
Educational Institutions
School-elementary (K-8 public or private)	C	NP	NP	NP
School-secondary (9-12 Public or Private)	C	NP	NP	NP
Trade or vocational school	P	P	C	C
Farmer's market (not including fea market)	C	C	C	C
Instruction
Group	C	C	NP	NP
Private	P	P	NP	NP
Parking facility, storage garage	P	P	P	P
Public utilities	C	C	P	P
---	---	---	---	---
Religious assembly	C	C	NP	NP
Transportation facility (taxi, limousine, etc.)	C	C	NP	NP
8. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.)6, 7	C	C	C	C
Car wash	C	C	NP	NP
Service stations (with or without repair or retail)8	C	C	C	NP
Vehicle rental (auto, RV and truck)	C	P	C	C
Vehicle sales (auto, RV and truck-new and used in operable condition)9	C	C	C	C
Auto broker (wholesale, no vehicles on site)	C	C	C	C
9. Unclassifed Uses
Radio or television station	C	P	P	P
Temporary seasonal sales10	P	P	NP	NP

1 Not including stand alone off-sale alcoholic beverage outlets (such as liquor stores).

2 Refer to the definition for "Commercial services" in Section XI-10-2, Definitions, of this Chapter.

3 Refer to Subsection XI-10-47.04(C)(9), Certain Industrial Uses within Commercial Districts, of this Chapter.

5 Refer to Subsection XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

6 Entrances to the service bays shall not be open to the street, but shall be so designed to face the rear or interior side property line.

7 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships.

8 Entrances to the service bays shall not be open to the street, but shall be so designed to face the rear or interior side property line. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

9 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three (3) acres or greater in area.

10 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

11 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.

(Ord. No. 38.839, § 9, 12/3/19; Ord. No. 38.813, § 2, 4/1/14; Ord. No. 38.795, § 30, 4/6/10)

XI-10-12.08 - Freeway Corridor (-FC) Overlay District

Purpose and Intent. The purpose of the Freeway Corridor Overlay (-FC) is to establish a process to consider an increase in the maximum permitted Floor Area Ratio to accommodate new and infill developments along the freeway corridor.

B.

Applicability. The (-FC) overlay may be combined with any non-residential zoned property within 300 feet of Interstate 680, Interstate 880, and State Route 237. Increase in the maximum permitted Floor Area Ratio pursuant to this Section shall require an application for the applicable discretionary permit(s) in accordance to this Chapter and completion of all required environmental analysis and documents for City review and consideration.

C.

Permitted, Accessory, and Conditionally Permitted Uses. Permitted and conditionally permitted uses within the (-FC) overlay are the same as those allowed within the underlying base zone.

D.

Development Standards. The development standards for the underlying base zoning district shall apply, except any exceptions noted below:

1.

Increase of up to twenty percent (20%) above the maximum permitted Floor Area Ratio authorized in the General Plan and this Chapter may be allowed with approval of the applicable discretionary permit provided the new or infill development meets all of the requirements of this Chapter. For example, if the General Plan and Zoning Ordinance authorize a maximum permitted Floor Area Ratio of 0.50, eligible properties within the Freeway Corridor Overlay District may submit a development application requesting an increase in floor area ratio of up to 0.60, which is a twenty percent (20%) increase from the maximum permitted Floor Area Ratio in the General Plan and Zoning Ordinance.

2.

This overlay may not be combined with any other overlay districts or any other process permitted under this Chapter allowing additional Floor Area Ratio.

(Ord. No. 38.812, § 4, 2/18/14)

Section 13 - Special Uses

XI-10-13.01 - Purpose and Intent

Given their unique nature, certain activities and uses have special impacts upon the community, giving rise to a need for special review procedures or standards. The purpose of this chapter is to identify and regulate such uses in order to ensure the maintenance of the public health, safety and welfare in accordance with the goals, objectives, policies, and implementation programs of the General Plan.

(Ord. 38.780 (20) (part), 8/19/08)

XI-10-13.02 - Applicability

The activities and uses covered or described in this chapter, when permitted within the zone in which they are to be located, shall comply with the provisions described here, as well as all other standards and provisions of this title.

(Ord. 38.780 (20) (part), 8/19/08)

XI-10-13.03 - Reserved.

Editor's note— Ord. No. 38.839, § 10, adopted December 3, 2019, amended the Code by repealing former XI-10-13.03, which pertained to massage services as accessory uses, and derived from Ord. 38.780, adopted August 19, 2008; and Ord. 38.784, adopted December 16, 2008.

XI-10-13.04 - Adult Businesses

A.

Purpose and Intent. The purpose of this Subsection is to establish reasonable and uniform regulations regarding the location of Adult Businesses, which will permit the location of Adult Businesses in certain areas but which will also reduce or prevent neighborhood blight, maintain property values; and reduce the incidence of unlawful activity by preventing the concentration of Adult Businesses or their close proximity to incompatible uses.

B.

Definitions.

1.

"Adult Businesses" means any of the following:

a.

Adult Arcade. The term "adult arcade" as used in this Subsection, means any place to which the public is permitted or invited, wherein coin-operated, currency-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette players or other images producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting, describing or relating to specified sexual activities or specified anatomical areas.

b.

Adult Bookstore. The term "adult bookstore" as used in this subsection means an establishment that has thirty (30) percent or more of its stock in books, visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult Cabaret. The term "adult cabaret" as used in this subsection, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear seminude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

d.

Adult Hotel/Motel. The term "hotel/motel" as use in this subsection means a hotel or motel or similar commercial establishment which:

i.

Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; and

ii.

Offers a sleeping room for rent for a period of time that is less than ten (10) hours or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours, or rents any single room more than twice in a 24-hour period.

e.

Adult Motion Picture Theater. The term "adult motion picture theater" as used in this subsection, means a business establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides or similar photographic or electronic reproductions are regularly shown and thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

f.

Adult Theater. The term "adult theater," as used in this Subsection, means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

g.

Escort. The term "escort" as used in this subsection, means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

h.

Escort Agency. The term "escort agency" as used in this subsection means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

i.

Modeling Studio. The term "modeling studio" as used in this subsection, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

2.

Distinguished or Characterized by an Emphasis Upon. As used in this subsection, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

3.

Nudity or a State of Nudity. The term "nudity or a state of nudity" as used in this subsection, means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genitals in a discernible turgid state.

4.

Regularly Features. The term "regularly features" with respect to an adult motion picture theater, theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period, three (3) or more occasions within a sixty (60) day period, or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

5.

School. The term "school" as used in this subsection is an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten, elementary school, middle or junior high school, senior high school, or any special institution

of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. The term "school" as used in this subsection also means day care center or facilities.

6.

Seminude. The term "seminude" as used in this subsection, means a state of dress in which clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.

7.

Specified Anatomical Areas. The term "specified Anatomical Areas" as used in this subsection, means and includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

c.

Any device, costume or covering that simulates any of the body parts included in subsection (a) or (b) above.

8.

Specified Sexual Activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

b.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated;

d.

Human genitals in a state of sexual stimulation, arousal or tumescence; or

Excretory functions as part of or in connection with any of the activities set forth in (a) through (d) of this subsection.

9.

Establishment of an Adult Business. As used in this subsection, to "establish" an Adult Business shall mean and include any of the following:

a.

The opening or commencement of any Adult Business as a new business;

b.

The conversion of an existing business, whether or not an Adult Business, to any Adult Business defined herein;

c.

The addition of any of the Adult Businesses defined herein to any other existing Adult Business; or

d.

The relocation of any such Adult Business.

C.

Location and Distance Regulations.

1.

Adult Businesses shall only be allowed in HS (Highway Service), M1 (Light Manufacturing) and M2 (Manufacturing) districts.

2.

No Adult Business shall be allowed:

a.

Within 1,000 feet of any school, public park or recreation area, residential district, mobile home park or MHP District, church or religious institution;

b.

Within 500 feet of any other Adult Business premises.

3.

Any Adult Business lawfully established and lawfully operating under the Milpitas Municipal Code is not in violation of these regulations by the subsequent establishment of a school, public park or recreation area,

residential district, or church or religious institution within the respective distances specified above for each type of use. This provision applies only to the renewal of an Adult Business permit and does not apply when an application for an Adult Business permit is submitted after such permit has been revoked.

4.

Distance between any two (2) Adult Business premises shall be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of an adult business premises to the nearest entrance of the second adult business premises. The distance between any Adult Business premises and any school, public park or recreation area, residential district, church or religious institution shall also be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of the Adult Business premises to the nearest property line of a school, public park or recreation area, residential zone, or church or religious institution.

(Ord. 38.780 (20) (part), 8/19/08)

XI-10-13.05 - Home Occupation

A.

Purpose. The purpose of this Section is to provide residents with the ability to work at home yet ensure that the business does not interfere with, detract from, or otherwise adversely affect the character of the neighborhood.

B.

Regulations.

1.

All persons operating a home occupation must obtain a home occupation permit from the City prior to commencing any business. It is unlawful to operate a home occupation without a permit.

2.

Only the residents of the dwelling may operate the home occupation. No employees associated with the home occupation shall report to work on the premises.

3.

The home occupation shall not involve more than one client visitation on the premises at any time.

4.

The home occupation shall not be operated in a manner which creates noise, vibrations, dust, odor, smoke or television and radio interference affecting adjoining properties.

5.

No signs are permitted either on or off the premises in connection with the home occupation. Products or equipment produced or used by home occupation shall not be displayed in a manner which is visible from the exterior of the dwelling.

6.

There shall be no storage of materials or supplies outdoors in a manner which is visible from adjacent properties or public ways.

7.

The home occupation shall not require modification or exterior alterations of the dwelling in which a home occupation is conducted.

8.

The home occupation shall be conducted entirely within the dwelling except for those types of occupations which are conducted entirely off-site and away from the dwelling.

9.

The occupations listed below shall not be considered incidental and secondary to the residence because they will change the residential character of the dwelling and because they change the character of the neighborhood:

a.

Barber and beauty shops or similar cosmetology establishments;

b.

Kennels and other boarding for pets;

c.

Massage establishments;

d.

Mechanical and auto repair;

e.

Medical and dental offices;

f.

Retail sales (excluding retail sales in which all products are sold over the phone or internet and shipped to the customer);

Commercial cannabis uses. See Subsection XI-10-13.15.

C.

Violation of Regulations. Violation of any provision of this Chapter may result in the revocation of the home occupation permit after notice and an opportunity for a hearing has been given to the permittee.

(Ord. No. 38.839, § 11, 12/3/19; Ord. No. 298, § 3, 1/15/19; Ord. 38.780 (20) (part), 8/19/08)

XI-10-13.06 - Large Family Child Care and Child Care Centers

A.

Purpose. The purpose of provisions dealing with childcare facilities is to allow regulation of such facilities to the extent provided herein. However, nothing is intended to allow regulation to a greater extent than allowed by State law.

B.

Required Review.

1.

Large family child care homes may be approved administratively by the Planning Division, provided that the applicant submits information to the Planning Division demonstrating compliance with applicable development standards listed in Section XI-10-13.06(C), Development Standards, below, and the applicant obtains approval from the Fire Department.

2.

Child care centers shall require approval of a Conditional Use Permit by the Planning Commission, as per Subsection 57.07, Conditional Use Permits, of this Chapter. The applicable development standards are listed in Subsection 18.06.C., below.

C.

Development Standards.

1.

Density. Large family child care homes shall be spaced at least three hundred (300) feet apart from each other. This spacing requirement does not apply to small family childcare homes.

Exception: The Planning Commission may allow the locating of Large family child care homes closer than three hundred (300) feet apart from each other through the approval of a Conditional Use Permit, pursuant to Subsection 57.04, Conditional Use Permits, of this Chapter.

2.

Off-Street Parking Requirements. There shall be provided off-street parking spaces for automobiles in accordance with the requirements of Section XI-10-53, Off-Street Parking Regulations, of this Chapter. All

such parking spaces shall be improved as provided for in Section XI-10-54.03, Improvement of Parking Areas, Auto Sales Areas, and Loading Areas, of this Chapter.

3.

Hours of operation. For large family child care homes, hours of operation shall not occur before 6:30 A.M or after 7:30 P.M., in order to maintain compatibility with neighboring properties and limit noise during nighttime hours. Hours of operation may be limited through the Conditional Use Permit process and shall be based on compatibility with neighboring properties and other planning principles as set forth in Subsection 57.04, Conditional Use Permits, of this Chapter.

4.

Fence Height. Outdoor play areas for childcare centers shall be enclosed with a six-foot high fence. The fence type shall be compatible with neighboring properties and other planning principles as set forth in Section XI-10-57.04, Conditional Use Permits, of this Chapter.

5.

Code Enforcement Procedures. If any large family child care home is operating in a manner that constitutes a nuisance, the child care facility operator shall work with the Planning Division to address the nuisance, through such actions as adjusting hours of operation, adjusting hours of outdoor play, staggering times for child drop-off and pick-up, and the like. If any childcare center is operating in a manner which constitutes a nuisance, the Planning Commission shall reopen the Conditional Use Permit to add or change conditions of approval addressing the issue(s). If the nuisance continues, the Planning Commission may review the Conditional Use Permit with a recommendation to the City Council pursuant to Section XI-10-63.06 (Revocation, Suspension and Modification).

(Ord. 38.780 (20) (part), 8/19/08)

(Ord. No. 38.789, §§ 12—14, 4-21-09)

XI-10-13.07 - Manufactured Homes

b.

The unit is contained entirely within an existing or proposed single-family structure.

c.

The unit includes an efficiency kitchen, as defined in Subsection XI-10-13.08(C)(6) above.

d.

The unit includes separate sanitation facilities or shares sanitation facilities with the existing or proposed primary dwelling.

If the unit does not include separate sanitation facilities, then it includes an interior entrance to the main living area of the existing or proposed primary dwelling in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

8.

Livable Space: A space within a building designed for living, sleeping, eating or food preparation, including but not limited to a den, study, library, home office, sewing room, or recreational room and excluding such areas as garages.

9.

Living Area: As defined by Government Code Section 65852.2, the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure.

10.

Natural Person: An individual and living human being, as opposed to a legal person which may be a private (i.e. business entity or non-governmental organization) or public (i.e. government) entity.

11.

Nonconforming Zoning Condition: A physical improvement on a property that does not conform with current zoning standards.

12.

Passageway: A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

13.

Proposed Dwelling: A dwelling that is the subject of a permit application and that meets the requirements for permitting.

14.

Public Transit: A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Examples include, but are not limited to, Altamont Commuter Express (ACE), Bay Area Rapid Transit (BART), AC Transit, Valley Transportation Authority (VTA) bus service and light rail, and paratransit.

15.

Tandem Parking: Two or more vehicles parked on a driveway or in a garage or any other location on a lot, lined up behind one another.

Approval Process. The following approvals shall apply to ADUs and JADUs under this section:

1.

Requiring a Building Permit Only. ADUs and JADUs that comply with the general requirements outlined in Subsection XI-10-13.08(E) below shall be allowed with only a building permit in the following scenarios:

a.

Converted on Single-family Lot: One ADU as described in this Subsection XI-10-13.08(D)(1)(a) and one JADU are allowed on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

i.

Is within the space of a proposed single-family dwelling; within the existing space of an existing singlefamily dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii.

Has exterior access that is independent of that for the single-family dwelling: and

iii.

Has side and rear setbacks sufficient for fire and safety, as required by applicable building and fire codes.

iv.

The JADU complies with the requirements of Government Code Section 65852.22.

b.

Limited Detached on Single-family Lot. One detached, new-construction ADU is allowed on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection XI-10-13.08(D)(1)(a)), if the detached ADU satisfies the following limitations:

i.

The side- and rear-yard setbacks are at least four feet.

ii.

The total floor area is 800 square feet or less.

iii.

The peak height above grade does not exceed the applicable height limit in Subsection XI-10-13.08(E)(3) below.

Converted on Multi-family Lot: One or more ADUs are allowed within portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Subsection XI-10-13.08(D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the number of existing multifamily dwelling units.

d.

Limited Detached on Multi-family Lot: No more than two detached ADUs are allowed on a lot that has an existing multi-family dwelling if each detached ADU satisfies the following limitations:

i.

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approval for the ADU.

ii.

The peak height above grade does not exceed the applicable height limit provided in Subsection XI-1013.08(E)(3) below.

iii.

If more than one detached ADU is created, the ADUs may share a common wall.

2.

Requiring a Building Permit and a Minor Site Development Permit (Minor SDP).

a.

Except as allowed under Subsection XI-10-13.08(D)(1) above, no ADU may be created without approval of a Building Permit and a Minor SDP in compliance with the standards set forth in Subsections E and F below.

b.

The City may charge a fee to reimburse the costs incurred in processing Minor SDPs for ADUs, including the costs of adopting or amending the City's ADU Ordinance. The additional fee for ADUs shall be determined by the Planning Director and approved by the City Council by Resolution.

3.

Timing and Process for Review

a.

Any application for an ADU that satisfies the standards in Subsections XI-10-13.08(E) through (F) of this section shall be subject to ministerial approval without discretionary review or public hearing.

b.

The City shall act on an application to create an ADU or JADU within 60 days from the date the City receives a complete application. If the City has not acted on the complete application within 60 days, the application is deemed approved unless either:

i.

The applicant requests a delay, in which the 60-day time period is tolled for the period of the requested delay; or

ii.

The application for the ADU or JADU is submitted as part of a permit application for a new single-family or multi-family dwelling on the lot, in which case the City may delay acting on the permit application for the ADU or JADU until it acts on the permit application to create the new single-family dwelling; however, the application for the ADU or JADU shall still be subject to ministerial approval without discretionary review or a hearing.

c.

If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection XI-10-13.08 (D) (3)(a) above.

d.

A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued concurrently.

E.

General ADU and JADU Requirements. The following requirements shall apply to all ADUs and JADUs approved under Subsection XI-10-13.08(D)(1) and (D)(2) above.

1.

Location and Zoning.

a.

An ADU or JADU requiring only a building permit under Subsection XI-10-13.08(D)(1) above may be created on any lot located in any residential or mixed-use zone.

An ADU or JADU requiring both a Minor SDP and a building permit under Subsection XI-10-13.08(D)(2) above may be created on any lot located in any zoning district that allows single-family or multi-family residential uses.

2.

Building and Safety.

a.

Subject to Subsection XI-10-13.08(E)(2)(b) below, all ADUs and JADUs shall comply with all local building code requirements.

b.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Subsection XI-10-13.08(E)(2)(b) prevents the City from changing the occupancy code of a space that was non-habitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

c.

Fire sprinklers.

i.

Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

ii.

The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

3.

Maximum Height.

a.

Except as otherwise provided by Subsections XI-10-13.08(E)(3)(b) and (E)(3)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit shall not exceed 16 feet in height.

b.

A detached ADU may be up to 18 feet in height when located on a lot with an existing or proposed singlefamily or multifamily unit that is located within one-half mile walking distance of a major transit stop or a

high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.

c.

A detached ADU may be up to two additional feet in height (for a maximum of 20 feet) if needed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

d.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade shall not exceed 18 feet in height.

e.

An attached ADU shall not exceed 25 feet in height or the height limitation imposed by the standards for the underlying zoning district, whichever is less. Notwithstanding the foregoing, ADUs subject to this Subsection XI-10-13.08(E)(3)(d) shall not exceed two stories.

f.

For purposes of this Subsection XI-10-13.08(E)(3), height is measured from the finished grade to the peak of the structure.

4.

Owner Occupancy.

a.

An ADU that is permitted after January 1, 2020, but before January 1, 2025, shall not be subject to any owner-occupancy requirement.

b.

Unless applicable law requires otherwise, all ADUs permitted on or after January 1, 2025 shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

c.

As required by state law, all JADUs shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection XI-10-13.08(E)(4)(c) shall not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

5.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from

the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all the dwellings (in the case of a multifamily lot).

6.

No Short-Term Rental. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

7.

Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction, in a form approved by the City Attorney, shall be recorded against the title of the property in the County Recorder's office and a copy filed with the Planning Department. The deed restriction shall run with the land and bind all future owners, heirs, and assigns. The deed restriction shall provide that:

a.

Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling;

b.

The ADU or JADU is restricted to the approved size and other development standards established in this Section;

c.

The JADU is legal only so long as either the primary residence or the JADU is occupied by the owner of record of the property;

d.

The ADU or JADU shall not be used as a short-term rental of less than 30 days;

e.

The deed restriction runs with the land and may be enforced against future property owner(s);

f.

The deed restriction may be removed if the property owner eliminates the ADU or JADU. To remove the deed restriction, an owner shall make a written request to the Planning Director and provide evidence that the ADU or JADU has been eliminated. The Director shall then decide whether the evidence supports the claim. The Director's determination may be appealed to the City Council.

g.

The deed restriction is enforceable by the City, and failure to comply with the deed restriction may result in legal action against the property owner.

Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:

a.

With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

F.

Specific ADU Requirements. The following specific standards shall apply only to ADUs that require a minor Site Development Permit under Subsection XI-10-13.08(D)(2) above.

1.

Maximum Size.

a.

The maximum size of an attached or detached ADU subject to this Subsection XI-10-13.08(F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a two-bedroom unit. These standards shall not apply to properties located in the "H" Hillside Combining District.

b.

The maximum size of an attached or detached ADU on a property located in the "H" Hillside Combining District is 1,200 square feet.

c.

The maximum size of an attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of existing primary dwelling. No application of the percent-based size limit in this paragraph or of a floor area ratio (FAR), front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

d.

No ADU subject to this Subsection XI-10-13.08(F) may cause the total FAR of the lot to exceed 0.45, subject to Subsection XI-10-13.08(F)(1)(c) above.

2.

Minimum Setbacks.

a.

An ADU that is subject to this Subsection XI-10-13.08(F) must conform to a 25-foot minimum front-yard setback, subject to Subsection XI-10-13.08(F)(1)(c) above.

An ADU that is subject to this Subsection XI-10-13.08(F) must conform to minimum 4-foot side- and rearyard setbacks.

c.

No setback is required for an ADU that is subject to Subsection XI-10-13.08(F) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3.

Building Separation. A detached ADU shall be located at least six feet from the rear wall of the primary dwelling unit.

4.

Lot Coverage. No ADU subject to this Subsection XI-10-13.08(F) may cause the total lot coverage of the lot to exceed 50 percent, subject to Subsection XI-10-13.08(F)(1)(c) above.

5.

Minimum Open Space. No ADU subject to this Subsection XI-10-13.08(F) may cause the total percentage of open space of the lot to be less than 50 percent, subject to Subsection XI-10-13.08(F)(1)(c) above.

6.

Passageway. No passageway is required for an ADU.

7.

Parking.

a.

Generally, one off-street parking space is required for each ADU unless one or more of the following conditions is met:

i.

The ADU is located within one-half mile walking distance of public transit.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of an existing primary residence or an accessory structure (i.e., it is a converted ADU under Subsection XI-10-13.08(D)(1)(a) above).

iv.

On-street parking permits are required but not offered to the occupant of the ADU.

v.

An established car share vehicle stop is located within one block of the ADU.

vi.

When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subsections (F)(7)(a)(i) through (v) above.

b.

No off-street parking is required for a JADU, except as required under Subsection XI-10-13.08(F)(5)(d) below.

c.

If a parking space is required for an ADU, the space may be located within any setback area, in a tandem configuration, or on a mechanical lift. Each unenclosed parking space shall be at least 8½ feet wide and 18 feet long. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long.

d.

When a garage, carport, or covered parking structure is converted to an ADU or demolished in conjunction with the construction of an ADU, the off-street parking space or spaces are not required to be replaced.

8.

Architectural Design Standards.

a.

The materials and colors of the exterior walls, roof, and windows and doors an ADU or JADU shall match the appearance of the existing or proposed primary dwelling.

b.

The roof slope shall match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope of the largest portion of the roof.

c.

An ADU or JADU shall have an independent exterior entrance, separate from that of the primary dwelling. The entrance to an attached ADU or JADU shall be located on a side or rear building façade, not facing a public right-of-way.

d.

Exterior lighting shall be limited to down-lights (or as otherwise required by the building or fire code).

e.

The interior horizontal dimensions shall be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

f.

Windows and doors shall not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

g.

Windows located on the second story of an ADU or JADU shall be either clerestory with the bottom of the glass at least six feet above the finished floor or use frosted or obscure glass to preserve privacy.

h.

The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the Milpitas Fire Department.

9.

Landscape Design Standards.

a.

Evergreen landscape screening shall be planted and maintained between the ADU and adjacent parcels as follows:

i.

ii.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.

iii.

All landscaping shall be drought tolerant.

G.

Fees.

Impact Fees and other City Fees.

a.

No impact fee shall be required for an ADU or JADU that is less than 750 square feet in floor area. For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in the Mitigation Fee Act (Gov. Code § 66000(b)), except that it also includes fees specified in the Quimby Act (Gov. Code § 66477). "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

b.

Any impact fee that is required for an ADU that is 750 square feet or greater in floor area shall be assessed proportionally in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling divided by the floor area of the ADU, times the impact fees charged for a new dwelling).

Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in Subsections XI-10-13.08(A) through (H) may be allowed by the City with a Minor Site Development Permit, in accordance with Section XI-10-57 "Applications".

(Ord. No. 38.851, § 4, 12/6/22; Ord. No. 38.843, § 4, 8/17/21; Ord. No. 38.840, § 6, 6/16/20; Ord. No. 38.833, § 6, 5/7/19; Ord. 38.780 (20) (part), 8/19/08)

XI-10-13.09 - Wireless Communications Facilities

A.

Purpose and Intent. It is the purpose to regulate the placement and design of antennas and wireless communication facilities. The installation of antennas and wireless communication facilities may affect the public health, safety and welfare, as well as the aesthetic quality of life by creating unattractive appurtenances to buildings and open areas, by blocking and degrading views, and by creating visual clutter. Therefore, conditional use permit review and the standards that follow are intended to protect and promote public health, safety, community welfare and the aesthetic quality of life by encouraging the orderly development of wireless communication facilities. In addition, they are intended to regulate the placement of certain antennas due to their size and commensurate visual and aesthetic impact in order to promote public safety and protect the aesthetic quality of the community. The standards that follow are the minimum necessary to obtain the community objectives of promoting public health, safety and aesthetics while providing for reasonable signal access.

B.

Review Requirements.

1.

Unless identified as exempt below, wireless communications facilities shall require the approval of a Conditional Use Permit, in accordance with Section XI-10-57.04, Conditional Use Permits, of this Chapter.

2.

Any facility exempt from local regulation per the FCC and those wireless communications facilities listed below shall be exempt from obtaining a Conditional Use Permit and shall be permitted provided that the following standards are met:

a.

Receive-only radio and television antennas, including satellite dishes one meter or less in diameter in residential zones or on residential buildings, or two meters or less in diameter in commercial and industrial zones, provided that:

i.

The antenna meets all lot coverage, height, setback and other requirements on accessory structures as per Section XI-10-54.08, Accessory Buildings and Structures, of this Chapter; and

ii.

All required building permits are obtained.

Amateur radio facilities, provided that all antennas and supporting structures meet the following requirements:

i.

All fixed radio equipment, antennas and antenna support structures shall comply with all lot coverage, height, setback and requirements on accessory structures as per Section XI-10-54.08, Accessory Buildings and Structures, of this Chapter; and

ii.

All required building permits shall be obtained.

c.

Temporary wireless communication facilities providing public information coverage of a news event. Mobile facilities providing public information coverage of news events may be set up on public or private property for a duration of seventy-two (72) hours or less.

d.

Stealth Wireless Communications Facilities. The Planning Division shall review a stealth antenna installation if the project meets the definition of a stealth wireless communications facility within Section XI-10-2.03, Definitions, of this Chapter.

C.

Development Standards for Exempt Facilities. Wireless Communication Facilities exempt from obtaining a Conditional Use Permit in accordance with Section XI-10-57.04, Conditional Use Permits, of this Chapter, shall meet the following:

1.

No vertical structure associated with an Antenna (hereinafter "Tower or Mast") shall exceed the maximum height of a structure permitted in the zoning district in which the structure is located by more than twentyfive (25) feet (hereinafter "Maximum Height") except as provided in this Section. The Maximum Height shall be measured to the highest point of the Tower or Mast or Antenna(s) mounted thereon.

2.

All Towers or Masts must be attached to the main structure or to a foundation. In any event, the design of the attachment must meet or exceed the Tower or Mast manufacturer's recommended design for such structural attachment or foundation. Guy wires may only be used as a means of support for Towers or Masts only if such Tower or Mast does not exceed 20 feet in height. Wire antennas suspended from Towers or Masts shall not be considered guy wires. Such manufacturer's recommended design shall be submitted with the building permit application and shall form the basis for permitting and subsequent inspection.

3.

The sum of equivalent flat plate wind load(s) in square feet of all equipment needed for the communication facility to function and that are mounted on the Tower or Mast shall not exceed 100% of the Tower or Mast manufacturer's maximum wind loading specification for a minimum 70 mph wind if located on the valley floor and 80 mph wind if located within the hillside area.

4.

No part of any Antenna mounted on a Tower or Mast may extend closer than 3 feet to a property line whether fixed or movable, or forward of the front of the building. However, in no case shall any such antenna encroach into a utility easement within which overhead power lines are located. If such antenna serves a multi-family unit that is within a multi-family building where the unit does not adjoin a side or rear yard of the building, such antenna attached to the unit or attached to a structure attached to the unit may extend forward of the front of the building by no more than 3 feet. However, in no case shall any such encroachment forward of the front of the building extend into a public right-of-way or private accessway.

5.

All Towers and Masts attached to a foundation must be located within the side or rear yard and no closer than 10 feet from a property line. However, in no case shall a Tower and/or Mast encroach into a utility easement.

6.

Receive-only radio and television antennas, citizens band facilities and data communications facilities and satellite dishes one meter or less in diameter in residential zones, or two meters or less in diameter in commercial and industrial zones shall not be installed between a public right-of-way and a structure. Any of the aforementioned wireless communication facilities that are preempted by federal law that are proposed to be located in the area between a public right-of-way and a structure, shall be allowed without a use permit if such facility is attached to said structure and if such location provides the only unobstructed view required for the facility to function.

7.

There shall be no more than two antenna support structures that exceed 20 feet in height per parcel.

8.

A Tower or Mast may exceed the Maximum Height referenced in subsection (a) above only by an extendable Tower or Mast provided that (a) the collapsed height of the Tower or Mast and Antenna(s) does not exceed the Maximum Height and (b) the extendable Tower or Mast shall be permitted to exceed the Maximum Height only during communications operations and shall be lowered to the Maximum Height upon termination of each operating session.

9.

Masts, Towers and Antennas shall not be painted and shall be limited to gray, black, white, brown, tan, silver, gold, pale blue, dark green or any other color compatible with surrounding structures or vegetation.

If an Antenna, Tower or Mast is no longer used for its intended purpose, it shall be removed.

11.

All operations of Tower or Mast mounted Antenna(s) must meet applicable FAA and FCC rules and regulations and any emissions must meet applicable FCC and ANSI radiation safety guidelines.

(Ord. 38.780 (20) (part), 8/19/08)

XI-10-13.10 - Farmer's Markets

A.

Purpose and Intent. The purpose of this Subsection is to establish reasonable and uniform regulations for the operation of farmer's markets. The standards that follow are minimum performance standards to ensure compatibility with surrounding uses and to promote public health, safety and general welfare.

B.

Review Requirements

1.

Scaled or fully dimension site plan that shows location, buildings, parking facilities, and site improvements.

2.

Traffic Handling Plan.

3.

Market Layout Plan that shows location of booths, stalls, and trash receptacles. The layout plan shall demonstrate compliance with Fire and Building requirements for access and accessibility requirements.

4.

Description of Market Operations and standard procedures.

C.

Minimum Performance Standards

1.

No music, performances or special event activities (i.e., cooking show, recipe contests, face painter) will be allowed within 200 feet of any residentially zoned property unless specifically approved by the Planning Director.

This use shall be conducted in compliance with all appropriate local, state and federal laws and regulations and in conformance with the approved use permit.

3.

The Market operator is responsible for leaving the parking lot area clean and litter-free after each event.

4.

The Market operator shall be responsible for providing recycling bins and trash receptacles and disposal of such trash as required by the County Environmental Health Services and the City. All foods must be produced, prepared, packaged, stored, transported, and marketed in compliance with County Environmental Health Standards. The Market shall maintain in good standing all necessary health permits for the operations of the Market and shall be responsible for requiring all vendors to be in possession of necessary health permits for all products sold.

5.

The Market operator shall be responsible for all traffic controls during the event, including set up and tear down of equipment needed for the execution of the traffic handling plan.

6.

The Market operator shall obtain a master business license with the City of Milpitas for participating farmers and other vendors.

7.

The Market operator shall enter into an indemnification agreement by which it agrees to defend, indemnify and hold harmless the City, its officers, agents and employees from any and all claims, damages, cost and other expense, including attorney fees, arising out of its approval of the conditional use permit, or environmental determination rendered in connection with the permit approval, or arising from or as a result of any actions by the Market operator pursuant to the conditional use permit.

(Ord. No. 38.786, § 1, 1-20-09)

XI-10-13.11 - Temporary Uses and Structures

A.

Purpose and Intent. The purpose of this Section is to control and regulate land use activities of a temporary nature which may adversely affect the public health, safety and welfare. The intent is to ensure that

temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences, businesses, and land owners, and to minimize any adverse effects on surrounding properties and the environment.

B.

Applicability. This Section shall apply to the temporary uses and structures on private property and certain public right-of-way described in Subsections D through I of this Section. All other temporary uses shall be

prohibited on private property.

C.

Review Requirements. The review procedures for the temporary uses and structures allowed by this Section are specified for each use in Subsections D through I of this Section. Subsection J of this Section includes a list of potential conditions that may be imposed on a temporary use or structure project.

D.

Temporary Seasonal Sales. Temporary seasonal sales such as Christmas tree or pumpkin sales lots may be permitted, subject to the following regulations:

1.

Elimination of Parking. Areas used for temporary seasonal sales shall not eliminate the required parking for the primary use on the site, if there is one, or for any other site.

2.

a.

The site shall be maintained free of debris, litter, and upon completion or removal of the temporary use shall thereafter be used pursuant to the provisions of this Zoning Ordinance.

b.

No amplified or acoustic sound or live entertainment is allowed in conjunction with parking lot or sidewalk sales.

G.

Temporary Buildings or Structures. Temporary buildings or structures may be permitted, subject to the following provisions:

1.

Authorization. Written authorization for the sale shall be obtained from the property owner.

Location. The temporary building or structure shall not be visible from adjacent streets or right-of-ways.

3.

Review Requirements. Temporary buildings or structures shall require the approval of a Conditional Use Permit, in accordance with Section XI-10-57.04, Conditional Use Permits, of this Chapter.

4.

Only temporary buildings and structures serving permitted uses or uses that received a Conditional Use Permit pursuant to the underlying zoning are allowed.

5.

Time limits. Temporary use of buildings shall not exceed two years in undeveloped sections of the City, and for periods not to exceed six months in developed sections. Exceptions may be granted if required by County, State or federal agency.

H.

Temporary Contractor's Office. Temporary contractors' office trailers and construction-related storage trailers in undeveloped and developed sections of the City shall comply with the following:

1.

Location. Trailers shall not obstruct driveways or traffic access aisles.

2.

Other Standards.

a.

The applicant shall demonstrate that parking will not be negatively impacted.

b.

The colors and materials shall complement the main building, if one exists.

c.

Any exterior noise-generating equipment associated with trailers shall not be within 300 feet of a residential or mobile home park overlay district or use.

d.

Trailers shall be removed upon cessation of permitted construction activity.

Exceptions. Any deviation from standards 1 and 2 above shall only be allowed through the approval of a Minor Site Development Permit.

I.

Temporary Public Safety Uses. Temporary public safety uses may be conditionally permitted in the Industrial zoning districts, subject to the following provisions:

1.

Interim Status. Public safety uses approved on a temporary basis are intended to serve a critical interim need only, such as during construction of a permanent facility in another location.

2.

Time Limit. Temporary public safety uses shall be limited to a total of two (2) years. Two separate extensions, up to six months each, may be granted at the discretion of the Planning Director.

3.

Review Procedures. Temporary public safety uses shall require approval by staff pursuant to the Minor Conditional Use Permit procedure set forth in Section XI-10-57.04.

4.

Upon expiration of the approved term of the temporary public safety use, all building and site improvements associated with the temporary use shall be removed and the facility shall be restored to its prior condition.

5.

As a condition of approval of a Minor Conditional Use Permit for a temporary public safety use, the City may require the permittee to post a surety bond and/or provide other security in an amount determined by the City. The security shall be of sufficient amount to ensure compliance with the conditions of the permit and this chapter.

J.

Conditions. When considering approval of a temporary use or structure, the review authority may impose conditions deemed necessary to ensure that the permit or approval will be in accordance with the standards prescribed in this Section and the findings required for the approval. These conditions may include, but are not limited to:

1.

Regulation of operating hours and days;

2.

Provision for temporary parking facilities, including vehicular ingress and egress;

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

4.

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

5.

Provision for sanitary and medical facilities;

6.

Provision for solid, hazardous and toxic waste collection and disposal;

7.

Provision for security and safety measures;

8.

Regulation of signs;

9.

Submission of a performance bond or other surety devices, satisfactory to the review authority, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10.

Provision for visual screening, not limited to landscaping;

11.

Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Section.

(Ord. No. 38.836, § 7, 9/3/19; Ord. No. 38.834, § 5, 8/20/19; Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.795, § 32, 4/6/10)

XI-10-13.12 - Live-Work Units

A.

Purpose and Intent. The purpose of this Section is to control and regulate land use activities for the livework unit. The intent of a live-work unit is to allow small-scale business activities in residential uses which meet certain standards. No portion of the live-work unit may be separately occupied or sold. Live-work

uses are allowed one non-residential employee, and a broader range of uses than permitted in Home Occupations, and therefore are subject to granting of a conditional use permit to ensure compatibility.

B.

Applicability. This Section shall apply to existing and new residential development that includes live-work units.

C.

Review Requirements. Live-work units shall require the approval of a Conditional Use Permit, in accordance with Subsection XI-10-57.04, Conditional Use Permits, of this Chapter.

D.

Minimum Performance Standards.

1.

A business license and certificate of occupancy shall be obtained for every commercial space within the live-work units.

2.

Living space shall occupy a minimum of 60% of the total gross floor area of the unit.

3.

The commercial component as designated on the floor plan approved through the conditional use permit shall remain commercial and cannot be converted to a residential use.

4.

The residential component as designated on the floor plan approved through the conditional use permit shall remain residential and cannot be converted to commercial use.

5.

The commercial component of a live-work unit shall be located on the first floor with the main entry facing the street or common pedestrian space. The residential unit shall have direct interior access to the commercial unit.

6.

The residential unit shall provide additional exterior access to the main residential unit that is not through the commercial component.

7.

Exterior Appearance: The commercial component of the live-work unit shall have a commercial, store front appearance located on the 1[st ] floor of the home.

8.

The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage, or any accessory structure. Commercial outdoor storage use not permitted.

9.

Shall demonstrate compliance with parking per Section XI-10-53 for required parking spaces.

10.

Sign size, location, illumination and materials, shall be consistent with the architectural building design and approved through a master sign program.

11.

Business shall not involve the use of hazardous materials or produce medical or hazardous waste, except those that are below permitted amounts in accordance with the California Fire Code and as amended by the Milpitas Municipal Code V-300-2.10.

12.

This use shall be conducted in compliance with all appropriate local, state and federal laws and regulations and in conformance with the approved use permit.

13.

All foods must be produced, prepared, packaged, stored, transported, and marketed in compliance with County Department of Environmental Health standards.

14.

The commercial use shall not create external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors.

15.

Uses permitted or conditionally permitted within the underlining zoning district apply unless otherwise prohibited in Section XI-10-10-13.(E).

E.

Prohibited Uses.

1.

Any use not permitted within the underlying zoning district is prohibited along with the following:

a.

Adult-oriented businesses;

Astrology;

c.

Palmistry;

d.

Massage establishments;

Sauna or spa;

Pharmacy or drug store

Head/smoke/tobacco shop;

Tattoo and piercing;

i.

Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale;

j.

All vehicle related uses such as auto sales, repair, or maintenance of vehicles including boats, motorcycles, or recreational vehicles;

k.

Places of assembly;

l.

Group instruction;

Club or social organization;

Religious assembly;

o.

Educational institutions;

p.

Motion picture theaters; and

q.

Sit down restaurants

(Ord. No. 38.839, § 12, 12/3/19; Ord. No. 38.808, § 4, 5/21/13)

XI-10-13.13 - Single Room Occupancy Residences.

A.

Purpose and Intent. The purpose of this Section is to provide for multi-tenant housing that is affordable to low-income individuals. Single Room Occupancy (SRO) residences house one to two persons in individual rooms, typically sharing bathrooms and/or kitchens. Units may, but are not required to, include full or partial kitchens and bathrooms.

B.

Applicability. Standards for SRO residences contained in this section apply to all SRO residences where permitted by this Chapter.

C.

Minimum Standards.

1.

An SRO shall be located:

a.

At least ¼ mile away from schools, parks, day care centers, adult businesses and concentrations of two or more bars and/or liquor stores; and

b.

Within ½ mile of fixed rail or buses with 30 minute minimum headways; and

c.

At least 1,000 feet from other SROs.

Each SRO unit shall:

a.

Be a minimum of 150 square feet without individual kitchen or bathroom facilities, or a minimum of 300 square feet with full kitchen and bathroom facilities.

b.

Not exceed 400 square feet.

c.

Contain a closet and storage area within the unit.

3.

An SRO facility shall meet the following standards:

a.

If an individual full bath is not provided in each unit, common bath facilities shall be provided that adequately serve the residents of the SRO facility.

b.

If an individual full kitchen is not provided in each unit, common kitchen facilities shall be provided that adequately serve the residents of the SRO facility.

c.

Laundry facilities shall be provided in a separate room at the ratio of one washer, dryer and laundry tub with hot and cold running water for every twenty (20) units, with at least one washer, dryer and laundry tub per floor.

d.

A minimum of two hundred (200) square feet of interior useable common space shall be provided, excluding janitorial storage, laundry facilities and hallways.

e.

A management plan shall be submitted to the City Planning Division for review and approval prior to issuance of an occupancy permit. Management plans shall be resubmitted to City Planning Division on an annual basis for review and approval. A facility with ten (10) or more units shall provide on-site management.

(Ord. No. 38.810, § 7, 12/3/13)

Editor's note— Ord. No. 38.810, § 7, adopted December 3, 2013, amended the Code by adding new §§ XI-10-13.12 and XI-10-13.13. In order to prevent duplication of section numbers, the new sections have

been added as §§ XI-10-13.13 and XI-10-13.14 at the discretion of the editor.

XI-10-13.14 - Emergency Shelters.

A.

Purpose and Intent. The purpose of this Section is to comply with California Government Code Section 65583(a)(4), as may be amended, which requires that emergency shelters be permitted by-right in at least one zone with sufficient capacity to accommodate the local need for emergency shelter.

B.

Applicability. Standards for Emergency Shelters contained in this Section shall apply to all Emergency Shelters where permitted by this Chapter.

C.

Minimum Standards.

1.

2.

The number of beds for each Emergency Shelter shall be limited to thirty (30).

3.

Parking requirements shall be either one space per three hundred (300) square feet of habitable floor area, or sufficient to serve the parking demand determined in a study prepared by the applicant and approved by the Planning Division.

4.

The size of outdoor waiting areas on private property shall be sufficient to accommodate the expected number of clients without infringing upon the public right-of-way.

5.

Onsite management shall be provided during the hours that the emergency shelter is in operation.

6.

An emergency shelter shall not be located within 300 feet of other emergency shelters.

7.

The length of stay for each individual at any emergency shelter shall not exceed 90 days, unless the management plan approved by City provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

8.

Exterior lighting of the property shall be designed to provide a minimum maintained horizontal illumination of at least one foot candle of light on parking surfaces and walkways that serve the facility. Illumination shall not extend across property lines to an adjacent property.

9.

Security shall be provided during the hours that the emergency shelter is in operation. Security plans shall be submitted to City staff for review and approval prior to issuance of an occupancy permit. Security plans shall be resubmitted to City staff on an annual basis for review and approval.

D.

Additional Standards. The Director of Planning may adopt additional written objective minimum standards consistent with California Government Code Section 65583(a)(4)(A), as may be amended. Any such administrative standards adopted by the Director of Planning shall be published on the Planning Division's website.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 21, 8/20/19; Ord. No. 38.810, § 7, 12/3/13)

Editor's note— See editor's note, § XI-10-13.13.

XI-10-13.15 - Cannabis Uses

A.

Purpose. The purpose of this Subsection is to prohibit to the fullest extent allowed by State Law the establishment and operation of all commercial cannabis uses within the City of Milpitas, including all cannabis dispensaries, cannabis retailers, cannabis manufacturers, cannabis microbusinesses, cannabis testing laboratories, cannabis distribution, cannabis cultivation, and delivery of cannabis. It is also the intent of this Subsection to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers. It is also the intent of this Subsection to entirely prohibit the delivery of non-medical cannabis and only allow the delivery of medicinal cannabis directly to medicinal cannabis patients or their primary caregivers to the minimum extent required by State law, subject to all laws and the additional regulations adopted here.

B.

Finding and Declaration. The City finds and declares that this local regulatory scheme will not prevent medicinal cannabis patients or their primary caregivers from obtaining medicinal cannabis in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand within the City's jurisdiction.

Definitions. For purposes of this Subsection, the following definitions shall apply:

1.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" includes "cannabis" as defined in Business and Professions Code, Section 26001 and in Section 11018 of the Health and Safety Code.

2.

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

3.

"Cannabis delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Cannabis delivery" also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. Whether made directly by the individual or entity or indirectly through a third-party service or other intermediary, an offer to deliver includes any communication, action, or conduct that could be reasonably understood to convey a willingness to engage in cannabis delivery irrespective of the person or entity's actual or specific intent and includes advertisements, websites, or other media making the same suggestion.

4.

"Cannabis delivery service" or "delivery service" means any person or entity engaged in cannabis delivery or attempting or offering to engage in cannabis delivery.

5.

"Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the State distributor license(s), including, but not limited to, cannabis storage, quality control and collection of State cannabis taxes.

6.

"Cannabis manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

"Cannabis microbusiness" means a commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.

8.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include "cannabis products" as defined in Business and Professions Code, Section 26001.

9.

"Cannabis retailer" means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. The term "cannabis retailer" includes any nonprofits that may be licensed under Business and Professions Code, Section 26070.5. For purposes of this Chapter, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, § 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, § 11362.7 et seq.), as may be amended.

10.

"Cannabis testing laboratory" means a facility, entity, or site in the State that offers or performs tests of cannabis or cannabis products.

11.

"Chief of Police" means the Chief of Police of the City of Milpitas or his or her designee.

12.

"City Attorney" means the City Attorney of the City of Milpitas or his or her designee.

13.

"City Clerk" means the City Clerk of the City of Milpitas or his or her designee.

14.

"City Manager" means the City Manager of the City of Milpitas or his or her designee.

15.

"Commercial cannabis use" includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis microbusinesses, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, and includes any activity that requires, or may

require in the future, a license from a State licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10), as may be amended. Commercial cannabis use does not include those activities allowed for personal use by persons 21 years of age or older, without any compensation whatsoever, in strict accordance with Health and Safety Code, Section 11362.1 and does not include the activities of a qualified patient or a primary caregiver that are exempt from State licensure pursuant to Business and Professions Code, Section 26033.

16.

"Enforcement Authority" means the Chief of Police, the City Attorney, or any other person or persons designated by the Milpitas Municipal Code or the City Manager to enforce this Subsection.

17.

"Indoor" means any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

18.

"Medicinal cannabis" or "medicinal cannabis products" shall have the same meaning as the definition set forth in Business and Professions Code, Section 26001.

19.

"Medicinal cannabis patient" means any one of the following:

a.

A "qualified patient," as defined in Health and Safety Code, Section 11362.7, who possesses a currently valid physician's recommendation that complies with both Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code as well as all rules, regulations, and guidelines adopted by the Medical Board of California.

b.

A "person with an identification card," as defined in Section 11362.7 of the Health and Safety Code, who possesses a currently valid identification card issued in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.

20.

"Non-medicinal cannabis" or "non-medicinal cannabis products" shall mean cannabis or cannabis products, respectively, that does not qualify as medicinal cannabis, including commercial cannabis intended to be sold for non-medicinal use by an adult 21 years of age or older pursuant to State law.

21.

"Outdoor" means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

22.

"Personal cultivation" means cannabis cultivation for a natural person's own personal use and possession in accordance with this Code and state law, including but not limited to Health and Safety Code Sections 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. "Personal use" also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

23.

"Primary caregiver" means the primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code, Section 11362.7.

24.

"Private residence" means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.

Deliveries Generally Prohibited. Except as set forth in Subsection XI-10-13.15(F)(2), the ban on commercial cannabis uses also prohibits the operation of a cannabis delivery service to customers in the City of Milpitas, including those deliveries originating from a physical location outside of the City. A cannabis delivery service may not deliver, attempt to deliver, or offer to deliver cannabis or cannabis products in violation of this Subsection. Nothing in this Subsection is intended to, nor shall it be construed to, permit and/or legalize any delivery operation, use, and/or activity that is otherwise prohibited under this Subsection and/or any other law. Rather, this Subsection is intended to prohibit the delivery of commercial

cannabis to the fullest extent allowed by state law, including by entirely prohibiting the delivery of nonmedicinal cannabis.

2.

Direct Deliveries to Medicinal Cannabis Patients or Primary Caregivers Excepted. The direct delivery of medicinal cannabis to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient within the City's jurisdictional limits from a location outside the City's jurisdictional limits is not prohibited by this Subsection only if such deliveries fully comply with each and every one of the following operating conditions:

a.

All deliveries must be made directly to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient by a duly licensed cannabis delivery service. Prior to delivery, the delivery service must obtain a copy of written documentation for the identified medicinal cannabis patient proving the patient possess a physician's recommendation for medicinal cannabis that is valid at the time of delivery.

i.

For deliveries to a medicinal cannabis patient, that written documentation must include either a currently valid copy of a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code or a currently valid identification card issued in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.

ii.

For deliveries to a primary caregiver for a medicinal cannabis patient, that written documentation must include either a currently valid identification card for the identified patient issued to the primary caregiver in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or both a currently valid copy of a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code and proof that primary caregiver has consistently assumed responsibility for the housing, health, or safety of the identified patient.

iii.

Written documentation received by a delivery service for this purpose shall be maintained confidentially and only disclosed in compliance with all applicable laws.

b.

All deliveries must be to a fixed address for a specifically identified medicinal cannabis patient.

i.

For deliveries to a medicinal cannabis patient, that fixed address must be the patient's private residence.

ii.

For deliveries to a primary caregiver for a medicinal cannabis patient, that fixed address must be the primary caregiver's primary business address.

iii.

Deliveries cannot be to a post office box, any other form of mail, package, or parcel pickup location or locker, or to a mail, package, or parcel receiving agency or business.

iv.

Delivery must be to a person 18 years of age or older. The delivery service must record the name of the person receiving the delivery.

v.

Upon delivery, and prior to completing delivery, the delivery must be signed for by the identified medicinal cannabis patient or the primary caregiver for the identified medicinal cannabis patient.

c.

All deliveries must occur between the hours of 6:00 a.m. Pacific Time and 10:00 p.m. Pacific Time. Deliveries may not occur in a manner that would tend to disturb the peace, quiet, and/or enjoyment of a reasonable person of normal sensitivity residing nearby.

d.

The cannabis delivery service must maintain a log or other record stating the date, time, quantities, and products for each delivery as well as the name of the identified medicinal cannabis patient and the name of any primary caregiver for the delivery.

e.

The cannabis delivery service must retain for a period of at least two years copies of all records, documentation, signatures, permits, and licenses required by this Subsection and present them to a law enforcement officer upon demand.

f.

The cannabis delivery service must fully comply with all applicable laws, including this Subsection and Division 10 of the Business and Professions Code, all rules and regulations promulgated by the Department of Cannabis Control, including in Title 4, Division 19 of the California Code of Regulations, and all guidelines, procedures, and regulations promulgated pursuant to this Subsection by the City Manager and/or his or her designee.

g.

Deliveries of medicinal cannabis may not include anything other than medicinal cannabis and medicinal cannabis products. Specifically, deliveries of medicinal cannabis may not include delivery of cannabis

accessories or promotional materials, as defined by Section 15000 of Title 4, Division 19, Chapter 1, Article 1 of the California Code of Regulations, or branded merchandise of any kind.

3.

Business Tax and License. A cannabis delivery service must obtain a business tax license from the City pursuant to Title III, Chapter 1 of this Code prior to commencing any delivery service within the City's jurisdiction or offering or attempting to deliver within the City's jurisdiction, even if delivering from a physical location outside of the City. A cannabis delivery service must pay all state and local taxes or fees for delivery services occurring with the City's jurisdiction, including taxes or fees imposed by or owed to the City.

4.

Registration. A cannabis delivery service must register with the Milpitas Police Department in a form acceptable to the Chief of Police prior to commencing any delivery service within the City's jurisdiction or offering or attempting to deliver within the City's jurisdiction, even if delivering from a physical location outside of the City. That registration must be signed by the registrant averring the truth and accuracy of the information contained therein and include all of the following information:

a.

The name, address, and telephone number of the registrant and the delivery service. If the registrant or the delivery service has done business under any other name, including a fictitious name, the registrant must provide each name and all dates and jurisdictions of use.

b.

The name, address, and telephone number of the person(s) who will manage and operate the delivery service.

c.

The name, address, and telephone number for the person(s) authorized to accept service of process and legal notices for the delivery service.

d.

The business name, license number, license type, license designation, license status, and expiration date for any applicable license issued by the Department of Cannabis Control.

e.

Any other information required by the Chief of Police.

The delivery service must update its registration annually and within 72 hours of any change to the information contained in its registration or its cessation or suspension of medicinal cannabis delivery services within the City's jurisdiction. Registration may be conditioned, suspended, refused, or revoked under the procedure specified in Subsection XI-10-13.15(F)(7). A cannabis delivery service may not re-

service must update its registration annually and within 72 hours of any change to the information contained in its registration or its cessation or suspension of medicinal cannabis delivery services within the City's jurisdiction. Registration may be conditioned, suspended, refused, or revoked under the procedure specified in Subsection XI-10-13.15(F)(7). A cannabis delivery service may not re-

register, and no registration will be accepted, within one (1) year after its registration is revoked. Where a cannabis delivery service is sold, transferred, merged, acquired, or any person or entity otherwise succeeds in whole or in part to any of the assets, liabilities, facilities, employees, managers, or officers of a cannabis delivery service, the registration of the successor business may be condition, suspended, refused, or revoked upon the same or similar terms as the previous business as the interests of justice require.

5.

Administrative and Criminal Violations. In addition to all other remedies and actions allowed by law, any violation of this Subsection may be enforced by administrative citation, pursuant to Title I, Chapter 21 of this Code, or criminal prosecution, pursuant to Section I-1-4.09 of this Code. At the Enforcement

Authority's sole discretion, violations of this Subsection may be charged as a misdemeanor, punished by a fine not to exceed the sum of five hundred dollars ($500) or by imprisonment in the County Jail not to exceed six (6) months or by both such fine and imprisonment, or an infraction, punished by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, or a fine not exceeding five hundred dollars ($500) for each additional violation within one year. Each day such a violation continues shall be a new and separate violation.

6.

Rebuttable Presumption. If a cannabis delivery service reports or otherwise discloses to a state, local, or federal governmental entity that it has delivered cannabis or cannabis products, whether for taxation, licensing, tracking, or other purposes, that report or disclosure shall create a rebuttable presumption for the facts and circumstances of each delivery referenced, including a prima facie case for any violation of this Subsection evidenced thereby.

7.

Suspension or Prohibition. In addition to all other remedies and actions allowed by law, the Enforcement Authority may immediately suspend, revoke, or otherwise prohibit or condition any delivery service from delivering medicinal cannabis within the City's jurisdictions, or impose additional terms and conditions upon that delivery service, if it fails or has failed to fully comply with all laws, including this Subsection, fails or has failed to register with the Milpitas Police Department prior to delivering, attempting to deliver, or offering to deliver within the City's jurisdiction, fails or has failed to maintain its business license, or fails or has failed to remit any applicable state or local taxes or fees for delivery services occurring with the City's jurisdiction. Pursuant to Title I, Chapter 20, Section 2 of this Code, notice of this suspension, revocation, or imposition of additional terms and conditions may be served by mail to the address provided in the delivery service's registration or, if there is no current registration, any other address listed for the delivery service. Within fifteen (15) calendar days of that mailing, the delivery service may appeal that determination to a hearing officer appointed by the City Manager pursuant to the procedure provide in Title I, Chapter 20, Section 3 of this Code by filing with the City Clerk a written notice of appeal containing all factual and legal grounds for the appeals as well as all records or other evidence supporting that appeal. Within twelve (12) calendar days of being mailed notice of the hearing officer's decision pursuant to the same notice procedure, the delivery service may appeal the hearing officer's decision to the City Council pursuant to the procedure provided in Title I, Chapter 20, Section 5 of this Code.

Transportation Through City. This section shall not be construed to prohibit use of the public roads to pass through the City's jurisdiction without making a delivery within the City's jurisdiction pursuant to Business and Professions Code, Section 26090 or those activities allowed by Section 26054, subdivisions (c), (d), or (e).

9.

Implementing Regulations. The City Manager, or his or her designee, with due consultation with the Chief of Police, shall have the authority to adopt all necessary guidelines, procedures, and regulations to implement the requirements and fulfill the policies and purposes of this Subsection related to the delivery of medicinal cannabis.

G.

Public Nuisance; Effect of State Law.

1.

It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for a commercial cannabis use or for the cultivation of cannabis except in strict compliance with this Chapter. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter may be abated as a public nuisance as provided in this Code and/or under State law.

2.

In the event of any conflict between the penalties enumerated under this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. The City Attorney or prosecuting attorney has the authority to declare and prosecute the violation as the maximum penalty permitted by State law, including but not limited to, those penalties prescribed by Health & Safety Code, Section 11362.4. To the extent certain conduct is immune from arrest and criminal liability pursuant to State law, including the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5) or the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), criminal penalties shall not apply.

(Ord. No. 298.1, § 2, 3/5/24; Ord. No. 298, § 3, 1/15/19)

XI-10-13.16 - Massage Establishments

A.

Purpose. The purpose of this Subsection, in conjunction with Title III, Chapter 6 "Massage Establishments and Practitioners" of the City of Milpitas Municipal Code, is to regulate the establishment, location, and operation of massage establishments and accessory massage establishments in compliance with State law.

B.

Definitions. For purposes of this Subsection, the following definitions shall apply:

1.

"Act" means the Massage Therapy Act (Business and Professions (B&P) Code Section 4600, et seq.), as amended.

2.

"California Massage Therapy Council" or "CAMTC" means the California Massage Therapy Council established under Business and Professions Code section 4602.

3.

"Certified massage practitioner" or "massage practitioner" means a person who is currently certified as a massage practitioner by the CAMTC pursuant to Business and Professions Code sections 4604.1 and/or 4604.2.

4.

"Certified massage therapist" or "massage therapist" means a person who is currently certified as a massage therapist by the CAMTC pursuant to Business and Professions Code section 4604.

5.

"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. In addition to accepting other forms of compensation, a person may be deemed to have received compensation for performing a massage when the massage is offered as part of a membership, as part of a package of services or as incidental to the purchase of a product.

6.

"Employee" means any person hired by a massage establishment who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.

7.

"Managing officer/employee" means a person that can or does have or share ultimate control over the daytoday operations of a business.

8.

"Massage" means any method of treating the external parts of the body, usually with the hands, so as to stimulate circulation and make muscles or joints supple, or relieve tension, for remedial, or health purposes offered in return for any form of compensation. Methods of massage include, but are not limited to, stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with or without the aid of any mechanical or electrical apparatus or appliances. Massage may occur with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation,

or any other type of bath. Massage includes the application of various manipulation or touch techniques to the muscular structure and soft tissues of the human body as defined in the Act, Business and Professions Code section 4601(e), and recognized as legitimate by CAMTC.

9.

"Massage establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing offpremises massage services.

10.

11.

"Massage technician" means and includes both a "massage practitioner" and a "massage therapist" as defined by this Chapter.

12.

"Off-premises massage service" means any business where a function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer, massage technician, or other person, and sometimes known as an out-call massage service.

13.

"Owner" means any individual who has any direct or indirect ownership interest in a massage establishment.

14.

"Sole provider" means a massage business where the owner owns 100 percent of the business, is the only person who provides massage for compensation at or for that business, and has no other employees, independent contractors or rent-space massage therapists.

C.

Applicability.

1.

This section applies to Massage Establishments as defined in Title III, Chapter 6 "Massage Establishments and Practitioners" and Subsection XI-10-2.03 "Definitions" and Subsection XI-10-13.16 "Massage Establishments of this Chapter (Zoning) and to Accessory Massage Establishments" as defined in

Subsection XI-10-2.03 "Definitions" and Subsection XI-10-13.16 "Massage Establishments" of this Chapter (Zoning).

2.

Preexisting Massage Establishments. Any legally established massage establishments must comply with the provisions of this Subsection and the provisions of Title III, Chapter 6 "Massage Establishments and Practitioners."

3.

Exemptions. The requirements of this Subsection do not apply to the following establishments or classes of individuals who perform massage while employed in their professional capacities:

a.

Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or acupuncturists, who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of such licensed persons. "Working directly under the supervision" means that the person is an employee of the licensed person, is working at the same location as the licensed person, has his or her work supervised by the licensed person, and that the licensed person is present when the employee is performing massage. This exemption shall not apply if the business performs massage on persons for whom the licensed person does not provide professional services.

b.

Barbers, beauticians, cosmetologists, manicurists, and other persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the California Business and Professions Code while engaging in practices within the scope of their licenses, and who perform massage only on the neck, face, scalp, hands, arms, or lower limbs up to the knee of their customers.

c.

Personal fitness training centers, gymnasiums, athletic facilities or health clubs, when the giving of massage for compensation is not a principal function of such businesses.

d.

Hospitals, nursing homes, sanitariums, or any other healthcare facilities duly licensed by the State of California.

e.

Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

f.

Trainers of amateur, semi-professional or professional athletes or athletic teams, while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic

event such as an outdoor road or bike race.

g.

Sole providers, including sole providers operating an off-premise massage service, who have a valid certificate issued by the CAMTC pursuant to the Act, either as a certified massage practitioner or a certified massage therapist, and who are practicing consistent with the qualifications established by such certificate.

D.

General Requirements.

1.

Required Permits. Prior to the operation of a massage establishment, the owner or managing officer/employee must obtain a Massage Establishment Permit pursuant to Title III, Chapter 6 "Massage Establishments and Practitioners", a Minor Conditional Use Permit issued by the Zoning Administrator pursuant to Section XI-10-57.04 "Conditional Use Permits and Minor Conditional Use Permits", and a business license pursuant to Title III, Chapter 1 "Business Licenses" of the Milpitas Municipal Code. Prior to the operation of an accessory massage establishment, the owner must obtain a obtain a Massage Establishment Permit pursuant to Title III, Chapter 6 "Massage Establishments and Practitioners", a Minor Conditional Use Permit pursuant to Section XI-10-57.04 "Conditional Use Permits and Minor Conditional Use Permits", and a business license pursuant to Title III, Chapter 1 "Business Licenses" of the Milpitas Municipal Code. A Massage Establishment Permit, and any renewal thereof, shall be filed with the Chief of Police, pursuant to Title III, Chapter 6 "Massage Establishments and Practitioners" of the Municipal Code. The Minor Conditional Use Permit issued by the Zoning Administrator, or, in the case of an Accessory Massage Establishment, a Minor Conditional Use Permit, shall not be granted until a Massage Establishment Permit is issued by the Chief of Police.

2.

Compliance with Codes. Prior to the operation of a massage establishment or accessory massage establishment, the massage establishment must comply with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

3.

Permitted Zoning Districts. Massage establishments and accessory massage establishments are allowed in the C2, HS, TC, MXD, MXD2, MXD3 zoning districts, subject to a Minor Conditional Use Permit issued by the Zoning Administrator or Minor Conditional Use Permit issued by staff, respectively.

4.

Operational Standards. In addition to the restrictions specifically required in the Massage Establishment Permit issued by the Chief of Police and pursuant to Title III, Chapter 6 "Massage Establishments and Practitioners", all massage establishments must comply with the regulations applicable to the zoning district in which it is located and with the following operating requirement:

Hours of Operation. Massage Establishments shall operate and massage services shall be provided between the hours of 7:00 a.m. and 10:00 p.m. Massage services begun before 10:00 p.m. must terminate at 10:00 p.m. No customer shall be in such massage establishment between the hours of 10:00 p.m. and 7:00 a.m. No massage establishment shall be open between the hours of 10:30 p.m. and 7:00 a.m.

5.

Off-Street Parking Requirement. Two (2) off-street parking spaces per treatment room must be provided. If there are no treatment rooms, then one (1) space for every two (2) massage chairs or two (2) massage tables must be provided. The parking space must comply with all development standards set forth in Section 53 "Off-Street Parking Regulations".

6.

Commercial Purposes Only. A massage establishment must be used for commercial purposes only. Use of the massage establishments for residential or lodging purposes is prohibited.

7.

Off-Premises Massage Businesses. No off-premises massage business shall conduct massage in a hotel or motel room, vehicle, or in the residence of the massage technician. No off-premises massage service may be provided in a private residence or business between the hours of 10:00 p.m. and 7:00 a.m. However, a massage technician is permitted to provide off-premises massage services at a private residence so long as it is the not the private residence of the massage technician and is not provided between the hours of 10:00 p.m. and 7:00 a.m.

8.

Recreational or Special Events. Persons administering massages to other persons who are participating in a recreational or special event that has been approved pursuant to Section XI-10-15 "Special Events and Activities" and the Chief of Police shall be CAMTC certified but will not be required to hold a Massage Establishment Permit provided the following conditions are met:

a.

The massage technician shall be registered with the City of Milpitas Police Department;

b.

Massage services are equally available to all participants in the event;

c.

The massage services are provided during the event in an open area at the site of the event;

d.

The sponsors of the event have approved the provision of massage services at the event;

Massage services were included in the project description in the application for a Special Event Permit pursuant to Subsection XI-10-15.12 "Permit Application."

9.

Signs. A recognizable and legible sign complying with the requirements of Section XI-10-24 "Signs" must be posted at the main entrance of the massage establishment identifying the location as a licensed massage establishment.

E.

Application Procedure.

1.

Minor Conditional Use Permit issued by the Zoning Administrator Required for Massage Establishments. The owner of a massage establishment must apply for and obtain a Minor Conditional Use Permit issued by the Zoning Administrator before operating massage establishment. The Minor Conditional Use Permit issued by the Zoning Administrator is subject to the provisions of and issued pursuant to the Minor Conditional Use Permit process in Section XI-10-57.04 "Conditional Use Permits and Minor Conditional Use Permits."

2.

Minor Conditional Use Permit Required for Accessory Massage Establishments. The owner of an accessory massage establishment must apply for and obtain a Minor Conditional Use Permit reviewed by Planning Department staff before operating an accessory massage establishment. The Minor Conditional Use Permit is subject to the provisions of and issued pursuant to the Minor Conditional Use Permit process in Section XI-10-57.04 "Conditional Use Permits and Minor Conditional Use Permits."

3.

Compliance Review. The Planning Director or his or her designee will review the Minor Conditional Use Permits issued by the Zoning Administrator for massage establishments and Minor Conditional Use Permits for accessory massage establishments within one (1) year after issuance for compliance with this Subsection and Conditions of Approval. The Planning Director or his or her designee will conduct a similar compliance review of Conditional Use Permits issued by the Zoning Administrator for massage establishments and Minor Conditional Use Permits issued by Planning staff on an annual basis concurrent with review of the Massage Establishment Permit and renewal of the Business License for each use. Any failure to conduct a review does not waive any noncompliance or the City's right to conduct a review in the future.

4.

Change in Ownership. If there is a change of property ownership, change of Owner's agent or representative, or any other change in material facts pertaining to the information contained in the Conditional Use Permit issued by the Zoning Administrator application for a massage establishment or the Minor Conditional Use Permit application for an accessory massage establishment, the new owner or new

owner's authorized agent or representative shall notify the City prior to continuing to operate the massage establishment. The Planning Director or his or her designee will conduct a compliance review of the Conditional Use Permit issued by the Zoning Administrator for the massage establishment or the Minor Conditional Use Permit for the accessory massage establishment the for the subject property in conjunction with the application for a Business License by the new property owner.

F.

Violation of Regulations. Violation of any provision of this Chapter may result in the revocation of the after notice and an opportunity for a hearing has been given to the permittee, in accordance with Subsection XI10-63.06 "Revocation, Suspension, Modification."

(Ord. No. 38.839, § 13, 12/3/19)

XI-10-13.17 - Short-Term Rentals

A.

Purpose. The purpose of this Subsection is to regulate the establishment and operation of short-term rental units ("STRs"). As such, the City desires to give special consideration to preserving the residential character of neighborhoods, preventing long-term residential uses from being replaced with STRs, and protecting all neighborhoods from potential adverse impacts caused by the operation of STRs.

B.

Definitions. For purposes of this Subsection, the following definitions apply:

1.

"Alternative Contact Person" means a natural person, whether the owner, local property manager, or agent of the owner, who is available twenty-four hours per day, seven days per week to respond to complaints regarding the condition, operation, or conduct of occupants of a short-term rental unit.

2.

"Applicant" means a person applying for or renewing a Short-Term Rental Permit. "Applicant" may be the "Owner" or "Operator."

3.

"Bedroom" means "Bedroom" as defined in Subsection XI-10-2.03 "Definitions" of the Milpitas Municipal Code.

4.

"Dwelling unit" means "Dwelling unit" as defined in Subsection XII-1-2.04 "Definitions" of the Milpitas Municipal Code.

"Good Neighbor Manual" means a manual prepared by the City regarding the general rules of conduct to be followed when operating a Short-Term Rental Unit.

6.

"Hosted Rental" means a Short-Term Rental Unit where an Owner or Operator is living and present in the dwelling unit during the short-term rental period.

7.

"Hosting Platform" means business or person that provides a means through which an Operator may offer a dwelling unit, or portion thereof, for Short-Term Rentals. A Hosting Platform is usually, though not necessarily, provided through an internet-based platform. It generally allows a property owner or tenant to advertise the dwelling unit through a website provided by the Hosting Platform and provides a means for potential Short-Term Rental Transients to arrange short-term rentals, whether the Short-Term Rental Transient pays rent directly to the Operator or to the Hosting Platform.

8.

"Operator" means a natural person who is the Owner, lessee, or Owner's agent to act on the Owner's behalf to insure compliance with this Subsection.

9.

"Owner" means "Owner" as defined in Subsection XI-10-2.03 "Definitions" of the Milpitas Municipal Code.

10.

"Short-Term Rental Unit" or "Short-Term Rental" or "STR" is defined by Subsection XI-10-2.03 "Definitions" of the Code.

11.

"Short-Term Rental Permit" means a permit to establish a Short-Term Rental Unit.

12.

"Transient" means "Transient" as defined in Subsection III-13-2.03 "Transient" of the Milpitas Municipal Code.

13.

"Un-hosted Rental" means an STR where an Owner or Operator is not living and present in the primary dwelling unit during the short-term rental period.

C.

Applicability.

This section applies to Short-Term Rental Units as defined in Subsection XI-10-13.16(B)(10).

2.

Permitted Zoning Districts. STRs are permitted in dwelling units in the R1, R2, R3, R4, R5, MXD, MXD2, and MXD3 Zoning Districts, subject to the requirements of this Subsection XI-10-13.16.

3.

Nonconforming Dwelling Units. STRs are prohibited within all nonconforming dwelling units, except those that are legal nonconforming with respect to the parking standards of Section 53 "Off-Street Parking Requirements." If a dwelling is legal and nonconforming only because it does not meet the parking standards of Section 53 "Off-Street Parking Regulations," an STR may be established when parking for the dwelling unit is provided to meet the applicable requirements of Section 53 "Off-Street Parking Regulations."

4.

Permitted in Primary Dwelling Units Only. STRs are permitted in primary dwelling units only. STRs are not permitted within accessory structures and buildings, accessory dwelling units (ADUs), guest house accessory buildings, or recreational vehicles.

D.

General Requirements.

1.

Required Permits. Prior to the operation of a dwelling unit, or a portion thereof, as an STR, the operator must obtain a Short-Term Rental Permit pursuant to this Subsection and a business license pursuant to Title III, Chapter 1 "Business Licenses" of the Milpitas Municipal Code. A Short-Term Rental Permit may be terminated or revoked if the standards of this Chapter are not met.

2.

Compliance. Occupants of the STR must comply with all applicable Federal, State, and local laws. The Operator must ensure compliance with this provision.

3.

Rentals per Dwelling Unit. A maximum of one (1) Short-Term Rental is permitted per dwelling unit at any given time.

4.

Off-Street Parking Requirement. One (1) off-street parking space must be provided for the STR. Any parking space in excess of the required number of parking spaces for the primary dwelling unit pursuant to Section 53 "Off-Street Parking Regulations" may be used for the STR. The parking space must comply with all development standards set forth in Section 53 "Off-Street Parking Regulations."

5.

Exterior Alterations. The exterior of the dwelling unit must not be altered such that the structure appears to serve a nonresidential use either by color, materials, construction, lighting, signage, landscaping, or by other similar effects.

6.

Hosted Rentals Only. An Operator may only conduct a Hosted Rental. Un-hosted Rentals are prohibited in STRs.

7.

Maximum Occupancy. The daytime (7:00 a.m. to 9:00 p.m.) and overnight (9:00 p.m. to 7:00 a.m.) occupancy of the STR is limited to a maximum of two (2) persons per bedroom plus one (1) additional person. The Operator shall not allow the STR to be used for any gathering where the number of persons will exceed the permitted maximum occupancy limits.

8.

Alternative Contact Person. The Owner must identify and designate an Alternative Contact Person who must be available twenty-four (24) hours per day, seven (7) days per week, to respond to complaints regarding the condition, operation or conduct of occupants of the STR. The Alternative Contact Person must respond in-person to complaints within sixty (60) minutes.

9.

Trash and Refuse. Trash and refuse must be stored outside of public view, except in proper containers for the purpose of collection by the City's authorized waste hauler on scheduled trash collection days.

10.

Signage. Signs that advertise the availability of the short-term rental unit are prohibited.

11.

Liability Insurance. Liability insurance is required of the Operator, or Hosting Platform on behalf of the Operator, in the amount of no less than $500,000. Proof of liability insurance is not required if hosting activity is only handled by a hosting platform that already extends similar liability coverage.

12.

Commercial and Assembly Uses Prohibited. STRs are limited to dwelling, lodging, and sleeping purposes only. Use of the STR for any other commercial uses or assembly uses such as weddings, corporate events, or parties, is prohibited.

13.

Transient Occupancy Tax. Either the Operator or Hosting Platform must collect and remit the transient occupancy tax ("TOT") pursuant to Title 3, Chapter 3.24 "Transient Occupancy Tax" of the Milpitas

Municipal Code. The Operator must maintain records of TOT paid, even if paid by a hosting platform, for three years.

14.

Good Neighbor Manual Required. The Operator must sign a manual provided by the City that summarizes general rules of conduct and all rules and regulations applicable to the use of the STR in this Subsection and the Milpitas Municipal Code. The Operator must post the manual on the inside of the front door and door to the backyard or a in a conspicuous location near each door.

15.

Indemnification. To the fullest extent permitted by law, the Owner of an STR must defend, indemnify, and hold the City of Milpitas, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, damage or injury to persons or property arising out of any alleged acts, omissions, or willful conduct of the Owner, its employees, or its agents.

16.

Health and Safety. It is the Operator's responsibility to assure that the STR is and remains in compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

17.

Amnesty Period. Notwithstanding any other provision of law, Short-Term Rental Units operating on or before the enactment of this ordinance shall be considered existing, unpermitted uses. An amnesty period of six (6) months after the effective date of this Ordinance, is provided to allow these existing, unpermitted uses to be legalized by conforming to the requirements of this Chapter, including compliance with operating standards, registration, and record-keeping obligations. Transient occupancy tax payment continues to be required at all times for Short-Term Rental Units and must be collected and paid during the amnesty period. Applications to bring an existing, unpermitted Short-Term Rental Unit use into compliance shall be made on or before six (6) months from the effective date of this ordinance. Existing Short-Term Rental Units that do not conform to the requirements of this section shall cease operation within six (6) months of the effective date of this Ordinance, and shall be prohibited from resuming unless and until the use conforms to the requirements of this Chapter.

E.

Application Procedure.

1.

Short-Term Rental Permit. STRs are subject to a Short-Term Rental Permit, pursuant to this Subsection. An Owner or Operator must apply for and obtain a Short-Term Rental Permit before operating an STR.

2.

The Planning Director makes the determination on the Short-Term Rental Permit application, based on compliance with provisions in this Subsection XI-10-13.16.

The application must contain the following information and documentation:

a.

The name, address, and telephone number of the Owner of the subject short-term rental unit;

b.

If the Applicant is not the Owner, the Applicant must demonstrate written consent of the Owner to operate a Short-Term Rental Unit on the property;

c.

The name, address, and telephone number of the Owner's authorized agent or representative, if any;

d.

The name, address, and 24-hour telephone number of the Alternative Contact Person;

e.

Verification that the Alternative Contact Person can respond in person to the site of the short-term rental unit within sixty (60) minutes of notification of a complaint;

f.

The address of the proposed STR;

g.

The number of bedrooms in the STR;

h.

The location and dimensions of the off-street parking space designated for the STR;

i.

For STRs located in any area governed by a homeowners' association or community association (association) and subject to CC&Rs, the Applicant must additionally submit a copy of a letter to the association's governing board stating the applicant's intent to operate a Short-Term Rental Unit and inviting the association to submit a letter to the City stating one of the following: (1) that short-term rentals are not prohibited at the proposed unit by the CC&Rs; or (2) that a short-term rental is allowed at the proposed unit under the CC&Rs, but only under certain conditions, and a statement of whether or not the conditions here are met; or (3) that the CC&Rs do not allow short-term rentals as defined herein. The association's response is not determinative, but it is a factor that may be considered by the Planning Director;

j.

A copy of the Good Neighbor Manual, signed by the Owner, certifying that the Owner has read and understands the guidelines for responsible operation;

k.

The Operator must attach a copy of the "Smoke Alarm & Carbon Monoxide Alarm Self Certification" for the property to be used as a Short-Term Rental to the application in order to ensure the space has smoke alarms and carbon monoxide alarms and spark arrestors installed; and

l.

Such other information as the Planning Director deems reasonably necessary to administer this Subsection.

F.

Compliance Review. The Planning Director or the Planning Director's designee will review the Short-Term Rental Permit within one (1) year after issuance for compliance with this Subsection. The Planning Director or his or her designee will conduct a similar compliance review of Short-Term Rental Permits on an annual basis, or as needed, concurrent with renewal of the Business License for each use. Any failure to conduct a review does not waive any noncompliance or the City's right to conduct a review in the future.

G.

Change in Ownership. If there is a change of property ownership, change of Owner's agent or representative, or any other change in material facts pertaining to the information contained in the ShortTerm Rental Permit application, the new owner or new owner's authorized agent or representative shall obtain a new Business License and notify the City prior to continuing to rent the subject unit as a shortterm rental. The Planning Director or his or her designee will conduct a compliance review of the ShortTerm Rental Permit for the subject property in conjunction with the application for a Business License by the new property owner.

H.

Violation of Regulations. Violation of any provision of this Chapter, including the requirement to maintain a current Business License, may result in the revocation of the Short-Term Rental Permit after notice and an opportunity for a hearing has been given to the permittee, in accordance with Subsection XI-10-63.06 "Revocation, Suspension, Modification."

I.

Enforcement. Where prompt compliance is not forthcoming, the City may take any appropriate enforcement action to secure compliance. All remedies in the Milpitas Municipal Code are considered cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing these provisions.

(Ord. No. 38.835, § 7, 3/3/20)

XI-10-13.18 - Mobile Food Vending

A.

Purpose and intent. The purpose of this section is to allow mobile food vendors to operate in appropriate areas of the city and to protect and maintain public safety, health and welfare while providing opportunities for small businesses, adding vibrancy and activity to streetscapes and neighborhoods, and expanding food access in areas underserved by brick-and-mortar restaurants.

B.

Definitions.

"Ice cream truck" means a motorized vehicle selling ice cream or other frozen dairy or non-dairy dessert products on streets and in other public places.

"Mobile food park" means a site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.

"Mobile food vehicle" means a motorized, wheeled vehicle or towed vehicle designed and equipped to store, prepare, serve and sell food, but which does not include ice cream trucks or mobile food vending wagons or push-carts as regulated in Milpitas Municipal Code Section V-100-10-11.

"Mobile food vending" means the selling or offering to sell products from a mobile food vehicle.

C.

Mobile food vending review procedures.

1.

On private property.

a.

1.

1.

Mobility of operations. Mobile food vehicles shall not connect to temporary or permanent on-site water, gas, electricity, telephone or cable sources.

2.

Hours of operation. Unless otherwise approved pursuant to Section XI-10.13.18(G)(1), hours of operation for mobile food vending shall be between the hours of 7:00 a.m. and 10:00 p.m.

3.

Parking and storage of mobile food vehicles. Outside of hours of active operations mobile food vehicles shall be removed from the operating site, whether on private property or in the public right-of-way. Mobile

food vehicles shall not be parked overnight at the location of operation.

4.

Noise. Mobile food vending operations shall comply with the provisions of Milpitas Municipal Code Title V, Chapter 213 Noise Abatement.

5.

Signage. A mobile food vehicle may display signage permanently attached to or painted on the vehicle advertising its products and services. A mobile food vehicle may also place one free-standing 'sandwich board' sign within 10 feet of the vehicle that displays information such as the menu, prices, and specials of the day. Any free-standing signage shall be subject to the provisions of Section XI-10-24 of this chapter. No other signs or banners that are separate from the mobile food vehicle shall be placed at the operating site or within the public right-of-way.

6.

Trash management and disposal.

a.

For one mobile food vehicle operating on private property or in the public right-of-way, and for mobile food parks:

i.

All mobile food vending operations shall provide separate and clearly marked receptacles for trash, recycling and/or compost (minimum size for each 32 gallons), according to the collection services available, at the operating site. Operators of mobile food vehicles shall properly dispose of all trash, recycling and/or compost generated by their operations daily.

ii.

The operator of a mobile food vehicle shall keep the area within a 25-foot radius of the vehicle, including private property, sidewalks, and roadways, clean and free of paper, food waste and other refuse generated by the operation.

b.

Mobile food vending operations requiring a special event permit shall be subject to the requirements and procedures in Section 15 of this Chapter for trash management and disposal.

c.

Mobile food vending operations, if using disposable food service ware for packaging and serving, shall use products that are recyclable or compostable. Use of polystyrene foam food service ware is prohibited per Milpitas Municipal Code Title III, Chapter 8, Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware.

G. Exceptions to Standards and requirements.

1.

Exceptions or reductions to the location and siting requirements, site design standards, and operational and standards in Subsections XI-10-13.18(D) through (F) may be granted at the discretion of the Planning Director and the Fire Marshal based on site-specific conditions and subject to the following findings:

a.

The proposed number, configuration, and operation of mobile food vehicles is generally consistent with the overall intent of these regulations;

b.

The proposed mobile food vending activity will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare.

H.

Other permits and licenses required.

1.

All mobile food vehicles operating within the City of Milpitas must obtain a permit for mobile food facilities from the Santa Clara County Department of Environmental Health. The valid County health permit shall at all times be displayed on the vehicle in a location visible to the public.

2.

All mobile food vehicles operating within the boundaries of the City of Milpitas shall obtain a current City of Milpitas business license prior to establishing a vending location on public or private property or setting up operations. The license shall at all times be displayed on the vehicle in a location visible to the public.

Dining areas may be located within outdoor areas adjacent to restaurants, such as existing private sidewalks and walkways, patios, etc. A minimum five (5) foot wide path of travel shall be maintained along all pedestrian walkways from parking areas and public sidewalks to all public building entrances.

Outdoor dining areas may be located within, and may replace, existing off-street parking spaces (see also Subsection XI-10-13.19(E)) on privately owned parcels.

i.

Parking spaces to be converted to outdoor dining areas must be immediately adjacent to the restaurant establishment. An outdoor dining area shall not be separated from the restaurant by any vehicular drive aisle.

ii.

No existing accessible parking spaces required per Title 24, California Building Standards Code, and the Americans with Disabilities Act may be removed to accommodate outdoor dining areas.

c.

Outdoor dining areas shall be subject to the base zone regulations for minimum setbacks from property lines. Any permanent canopies, pergolas or similar shade structures requiring a building permit shall be subject to base zone regulations for maximum lot coverage.

d.

Outdoor dining areas shall not be located within required loading zones or stormwater treatment areas, nor be located so as to obstruct access to utilities.

e.

Outdoor dining areas shall be subject to all emergency access regulations per the California Fire Code.

f.

Outdoor dining areas shall not be located in a manner that creates a potential safety hazard.

E.

Allowed Reductions to Required Off-Street Parking.

1.

For restaurants located in the MXD, MXD2, and MXD3 zones or in any commercial zone within the Milpitas Metro Specific Plan or Milpitas Gateway-Main Street Specific Plan areas, total required off-street parking as specified in Subsection XI-10-53.09 - Off-Street Parking Required by Land Use may be reduced by up to 50 percent to accommodate new or expanded outdoor dining areas in existing parking areas.

2.

No minimum parking requirements shall apply to restaurants located within one-half mile of the Milpitas Transit Center.

3.

For restaurants located in any other area of the city, required off-street parking may be reduced by up to 15 percent to accommodate new or expanded outdoor dining areas in existing parking areas, provided that the size of the outdoor dining area is 800 square feet or less.

4.

For multi-tenant commercial properties with shared parking, allowed reductions to required parking to accommodate outdoor dining shall be based on the total parking requirement for all uses and establishments on the subject property, not solely on the parking requirement for the restaurant(s) proposing to add or expand outdoor dining areas. The shared parking standards established in Section XI10-53.11 shall apply to locations with shared parking arrangements.

F.

Design Standards.

1.

Barriers and Materials.

a.

Outdoor dining areas shall be delineated by a substantial and durable barrier that separates the dining area from vehicular drive aisles and parking spaces.

b.

Materials. Barriers should be made from high-quality materials (e.g., wood or iron railings and fencing, planter boxes, decorative concrete barriers).

i.

Materials and design of barriers and associated amenities should be consistent with the design and appearance of the restaurant and complementary to the character and design of the surrounding district.

ii.

Plywood or other unfinished materials used for construction of a barrier to delineate and protect an outdoor dining area shall be painted or covered in siding or other finished materials approved by the Planning Department.

iii.

Chain link fencing, corrugated metal, unfinished wood materials, stanchions, retractable belts, screens, and small landscape planters are not acceptable materials for barriers for outdoor dining areas and shall be prohibited.

c.

Solid portions of barriers for outdoor dining areas shall be no more than three (3) feet in height. Transparent, shatterproof glass (plexiglass or similar material) may be placed above a three-foot solid barrier, up to a total maximum height of six (6) feet (for freestanding plexiglass over a solid barrier). If the outdoor dining area has a permanent shade or roof structure, plexiglass or other transparent materials may extend to the height of the ceiling.

d.

Barriers may be permanent or movable. If movable, they should be well secured and designed to support weight leaning against them.

e.

Barriers shall have one opening for emergency access, with a minimum width of 36 inches, for every 20 linear feet of barrier.

f.

Barriers adjacent to parking spaces shall be marked with reflective material, such as tape or plastic reflective strips.

2.

Shade Structures, Tables and Chairs, and Other Amenities.

a.

Permanent overhead shade structures (e.g. pergolas) may be allowed for outdoor dining areas. The design and location of any permanent overhead shade structure shall complement the main restaurant and shall be subject to review and approval by the Planning Department. All permanent overhead shade structures shall require a building permit.

b.

Permanent overhead shade structures shall be durable and made from high-quality materials such as wood or metal. Plywood, corrugated metal, and corrugated polycarbonate are prohibited as materials for roofing or shade structures.

c.

The maximum height for all overhead shade structures for outdoor dining areas shall be 12 feet.

d.

Non-permanent shade equipment, such as umbrellas, fabric canopies, or retractable awnings, are permitted, provided they are made from high-quality materials and removed or stored when the outdoor dining area is not in use.

i.

For awnings projecting from buildings, the minimum vertical clearance shall be eight (8) feet and the maximum extension from the face of a building shall be seven (7) feet.

ii.

Awnings and umbrellas should have no words or advertising other than the name and logo of restaurant establishment.

e.

Tables and chairs should be of a high-quality and visually appealing material such as wood or metal. Inexpensive plastic or vinyl tables and chairs are not permitted.

f.

The layout of outdoor dining areas should incorporate spaces for landscape planters with decorative plants and flowers.

3.

Traffic Safety. A minimum two (2) foot setback shall be required between an outdoor dining area barrier and any adjacent parking space(s).

4.

Accessibility Requirements

a.

Outdoor dining areas shall have hard, non-slip surfaces, such as concrete, tile, stone, or wood/composite decking. Soft surfaces such as dirt, gravel, and lawn are not permitted.

b.

If an outdoor dining area is located on a raised platform or in a sunken area, a ramp must be provided that meets the requirements of the California Building Code and the Americans with Disabilities Act.

c.

A minimum of five (5) percent of the seats provided in an outdoor dining area shall be wheelchair accessible.

d.

Minimum dimensions for wheelchair accessible seating spaces shall be 30 inches wide by 48 inches deep. Access to all such seating spaces shall be provided via a path with a minimum unobstructed width of 36 inches.

Fire Safety. All outdoor dining areas shall comply with the requirements of the California Fire Code. Minor Site Development Permit applications for new or modified outdoor dining areas are subject to review and approval by the Milpitas Fire Department.

6.

Lighting. No electrical wires for lighting elements shall cross the required clear path of travel along a public sidewalk or private pedestrian walkway. Solar lighting is encouraged for outdoor dining areas.

7.

Signage. All restaurant signage shall comply with Section XI-10-24 - Signs of this Chapter. No additional signage shall be permitted in outdoor dining areas.

G.

Operational Standards.

1.

Hours of Operation.

a.

The hours of operation for outdoor dining areas shall be limited to the hours the restaurant is open for ordering and serving of meals.

b.

In addition to Subsection XI-10-13.19(G)(1)(a), in no case shall outdoor dining be permitted before 7:00 am, seven (7) days per week, or after 10:00 pm Sunday through Thursday and after 11:00 pm Friday and Saturday.

2.

Alcoholic Beverages.

a.

The restaurant owner or manager shall coordinate with the California Department of Alcoholic Beverage Control (ABC) regarding alcohol sales in conjunction with outdoor dining.

b.

The restaurant owner or manager shall obtain approval from ABC for a modified license to extend the permitted area for serving alcohol to include all outdoor dining areas associated with the restaurant and shall provide proof of such approval to the City of Milpitas Planning Department.

3.

No smoking or vaping shall be permitted within outdoor dining areas.

Outdoor preparation and/or storage of food is not permitted within outdoor dining areas.

5.

All live entertainment in outdoor dining areas is subject to the provisions of Subsections XI-10-5.04(E) and XI-10-6.06(B) of this Chapter.

6.

Maintenance Requirements.

a.

Outdoor dining areas shall be kept clean and free of litter and debris at all times.

b.

All plants and landscaping shall be maintained in good health.

c.

All plexiglass or other transparent materials used as part of an outdoor seating barrier shall be regularly cleaned and provide a clear view from the outdoor seating area. Cracked, broken, or discolored materials are prohibited and shall be replaced immediately.

(Ord. No. 38.850, § 4, 12/6/22)

Section 14 - Public Art Requirements for Private Development

XI-10-14.01 - Definitions

"Affordable Housing" is defined in Section XI-10-54.15.D of the Zoning Code.

"Building Development Costs" means those construction costs as declared on building permit applications, and as accepted by the Building Official. Building permit applications shall include building, plumbing, mechanical and electrical permit applications for the project.

"Developer and/or Owner" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City of Milpitas), industry, public or private corporation, or any other entity that undertakes any construction within the City subject to the requirements in this Section 14.

"Public Art" is a process which results in the incorporation of original works of art by artists in publicly accessible spaces and which serves a socio-environmental function identifiable with people; is accessible to the mind and the eye; is integral to the site and responds to the concept of place making; is integrated with the work of other design professionals; is of high quality; serves the City by enhancing the quality of life for citizens and contributes to the City's prestige; is unique to its moment in time and place.

"Public Art Program In-Lieu Contribution" means the percentage of Building Development Costs required herein.

"Public Art Projects" are projects which involve artists working through the public art process that result in the creation of original works in publicly accessible spaces that include but are not limited to paintings, mural decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Public Art Projects also include artists serving on design and development teams to identify opportunities to incorporate art in publicly accessible space.

"Publicly Accessible Art" means art that is accessible to the general public.

(Ord. No. 38.821, § 3, 5/19/15)

XI-10-14.02 - Purpose and Intent

This Section 14 is intended to promote the aesthetics and arts in the City of Milpitas by requiring the inclusion of a public artwork component in new private development projects in Milpitas. A policy is hereby established to require certain private developments to include Publicly Accessible works of art for placement on the development site or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. Developers and/or Owners are encouraged to employ Milpitas artists or arts organizations to fulfill the Public Art requirement.

(Ord. No. 38.821, § 3, 5/19/15)

XI-10-14.03 - Contribution Requirements

Calculation.

1.

Nonresidential Building Developments. Private nonresidential building developments involving 2,000 square feet or more of new floor area shall devote an amount not less than one-half of one percent of Building Development Costs for acquisition and installation of Publicly Accessible Art on the development site.

2.

Residential Building Developments. Private residential building developments of 20 or more new dwelling units shall devote an amount not less than one-half of one percent of Building Development Costs for acquisition and installation of Publicly Accessible Art on the development site.

B.

Public Art Review. All proposed Public Art to be installed on a development site under this Section 14 shall first be reviewed and approved by the Art Commission for its artistic value and appropriateness in light of

the size of the development project. The cost of the proposed Public Art shall not be the sole reason for rejecting the proposed Public Art.

C. In-Lieu Contribution.

1.

At the discretion of the Developer and/or Owner, in lieu of installing on-site Public Art, the Developer and/or Owner may provide a Public Art Program In-Lieu Contribution to be deposited into the Public Art Fund for acquisition and placement of Public Art throughout the City.

2.

The Art Commission may allow a Developer and/or Owner to satisfy the public art requirement by a combination of installing Publicly Accessible Art on the development site and make a Public Art Program In-Lieu Contribution if the Art Commission determines that the location, siting or scale of the development site makes the installation of Publicly Accessible Art inappropriate or impossible for the purposes of satisfying the one percent requirement for installing Publicly Accessible Art on the development site.

D.

Subsequent Removal of Public Art or Alternative Compliance Space. If the Developer and/or Owner satisfies the Public Art requirement in accordance with subsection (A)(1), (A)(2), above, the Public Art previously installed on the development site may only subsequently be removed if the Developer and/or Owner makes a Public Art Program In-Lieu Contribution equivalent to the original amount to the Public Art Fund.

E.

Exclusions. The requirements of this Section 14 shall not apply to an Affordable Housing development with a minimum of 20 percent Affordable Housing units if the Developer and/or Owner demonstrates to the satisfaction of the City Council that said requirements would cause the development project not to be economically feasible.

(Ord. No. 38.821, § 3, 5/19/15)

XI-10-14.04 - Public Art Fund

Public Art Program In-lieu Contribution shall be placed in the Public Art Fund. The fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) fund other administrative costs associated with the Public Art Program. The Art Commission shall recommend utilization of monies in the Public Art Fund to the City Council.

(Ord. No. 38.821, § 3, 5/19/15)

XI-10-14.05 - Compliance

Compliance with the provisions of this Section 14 shall be demonstrated by the Developer and/or Owner at the time of filing the Building Permit application as follows: (a) payment of the full amount of the Public Art Program In-Lieu Contribution, or (b) written proof to the Building Department and the Public Art Program of a contractual agreement to commission or purchase and to install the requested artwork on the development site by a date approved by City. The value of the Publicly Accessible Artwork shall be independently verified by a third party unrelated to the Developer and/or Owner and submitted to the City with the contractual agreement at the sole expense of the Developer and/or Owner. The Developer and/or Owner shall provide the City with proof of installation of the requested artwork on the development site or proof of full payment of the Public Art In-Lieu Contribution before issuance of the certificate of occupancy, unless the City has approved some other method of assuring compliance with the provisions of this Section 14. In the case of installation of Public Art on the development site, the Developer and/or Owner shall maintain said artwork in proper condition on an ongoing basis.

(Ord. No. 38.821, § 3, 5/19/15)

XI-10-14.06 - Violations of this Section

In addition to other fines or penalties provided by State or municipal law, the City may revoke or suspend any permit granted to any Developer and/or Owner who violates the provisions of this Section 14.

(Ord. No. 38.821, § 3, 5/19/15)

Section 15 - Special Events and Activities

XI-10-15.01 - Purpose and Intent

The purpose and intent of this Section is to provide a regulatory framework for permitting Special Events. Special Events shall be conducted so as not to cause any detrimental effects to surrounding properties and the community, and shall not violate any other ordinance or regulation of the City. The provisions set forth in this Section shall establish criteria for characterizing events as "Special Events" and standards and conditions for approving and permitting such Special Events.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.02 - Applicability

Unless identified as exempt below, this Section shall apply to Special Events on private property and public streets, sidewalks, alleys, parks, ways, public places, and public rights-of-way as described in Subsections 15.03 through 15.22 of this Section.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.03 - Review Requirement

Special Events shall require review and approval in accordance with Table XI-10-15.03-1, below.

Table XI-10-15.03-1

Review Requirements for Special Events

Threshold for review	Planning Director or Designee	Zoning Administrator
Minor Events	X
• Fewer than 250 participants or attendees
• Takes place on a single day
• No street closures or amplifed sound
Regular Events	X
• Between 250 and 1,000 participants or attendees
• Between one and four consecutive days (including set up and tear down)
• With or without amplifed sound
• Block parties on a residential street.1
Major Events	X
• More than 1,000 participants or attendees anticipated
• Between four and seven consecutive days (including set up and tear down)2
• With or without amplifed sound
• Requires street closures (other than block parties on a residential street)
Recurring Events	X	X
• Recurring Special Events (up to four events per calendar year): Applicant may request a one-time review and issuance of a Special Event Permit for events which occur up to four times per calendar year for a permissible duration of four consecutive days for each recurring event.3
• Annual Events: Applicant may request a Special Event Permit good for up to three years for Special Events that will be held annually, for up to three consecutive years in the same location. Applicant must demonstrate that the same event location, layout, date and times are adhered to for each event. 3
Appeals or Revocations		X
• Hearing on a notice of decision to deny an application for Special Event Permit or to revoke or appeal a Special Event Permit4

1 See MMC V-100-13.05

2 Permits for events exceeding seven days may be granted at the Planning Director's discretion.

3 Planning Director may recommend to Zoning Administrator for review and approval.

4 Appeals to the Zoning Administrator may only occur after denial or revocation by the Planning Director or designee.

(Ord. No. 38.847, § 8, 8/16/22; Ord. No. 38.834, § 6, 8/20/19; Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.04 - Definitions

The definitions set forth in this part shall govern the application and interpretation of this Section.

1.

"Amplified Sound" means the use of any loudspeaker, public address system, amplifier, or any other device which electronically or mechanically increases the volume of the human voice, music, or any other sound.

2.

"Athletic events" means a physical or endurance activity that includes but is not limited to races, runs, walkathons, bicycle tours and the like.

3.

"Block party" means a party for all the residents of a block or neighborhood, typically held on a temporarily closed City street.

4.

"Business day" means any day except Saturday, Sunday and holidays observed by the City of Milpitas.

5.

"Business license" means a permit issued by the City of Milpitas that allows individuals, companies, or other entities to transact and conduct business within the City limits.

6.

"City official" means an authorized officer of the City of Milpitas as appointed by the City Manager or City Council.

7.

"Director" means the Director or head of the department(s) designated to issue special event permits, or such other person or persons designated by the Director to fulfill the responsibilities identified as the Director's responsibilities herein.

8.

"Downtown" means the main business or commercial areas within the Midtown and Transit Area Specific Plan districts and the Town Center Zoning District.

9.

"First amendment event" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature.

10.

"Indigent natural person" includes, but is not limited to, a person enrolled or participating in a federal or state government assistance program for low-income or indigent persons such as general assistance, CalWORKS, Medi-Cal, food stamps, Supplemental Security Income (SSI), Women, Infants and Children (WIC), U.S. Department of Housing and Urban Development (HUD) Section 8 rental housing subsidy, and other subsidized or public housing.

11.

"Indoor/outdoor facility rental agreement" means a rental agreement issued by the Recreation Services Department to conduct a special event in a park.

12.

"Mobile food vending event" means an event where two or more mobile food vehicles gather in one location for a period of seven consecutive days or fewer.

13.

"Outside agency" means any local, state or federal regulatory agency responsible for administering permits to allow certain activities within their purview. Outside agencies includes but not limited to other City jurisdictions, Santa Clara Valley Water District (SCVWD), Santa Clara Valley Transportation Authority (VTA), California Department of Transportation (Caltrans), California Department of Alcoholic Beverage Control, Santa Clara Country Department of Environmental Health and Santa Clara County Roads and Airports.

14.

"Parade" means an organized group marching in procession on a street. Parades do not include races, runs or other athletic events.

15.

"Park," for purposes of this Section, means all outdoor areas managed by the Recreation Services Department, which are identified as a City park by the City, made available for use by the public as a park for recreation or open space purposes, and over which the City has the right of use for such purposes. The term "park" does not include outdoor areas adjacent to community centers not otherwise located within a City park, or property owned by school districts even if the property is used by the City for recreational purposes.

"Paseo" means a mall designed and used for pedestrian passage between two or more parallel streets and which is owned or controlled by the City. The definition of "paseo" includes any adjacent sidewalks.

17.

"Permittee" means a person, company, corporation or entity that is given a permit or permission to hold a Special Event.

18.

"Permit applicant" means a person, company, corporation or entity that applies for a permit.

19.

"Plaza" means a public square or similar open area in the downtown which is owned or controlled by the City. The definition of "plaza" includes any adjacent sidewalks.

20.

"Public right-of-way" means any street, alley, or similar parcel of land, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.

21.

"Regulations" means the policies, rules and regulations mandated by the City which govern the special event permit and use of City sidewalks, streets, plazas, paseos, and parks.

22.

"Simple assembly" means a gathering of persons at a park, plaza or paseo that does not include any of the following:

a)

The placement or erection of equipment or temporary structures other than one portable table and two chairs; or

b)

Activities referenced in Section XI-10-15.04(23)(c) of this Code.

c)

For purposes of illustration, a simple assembly can be a large gathering of 150 persons; no equipment or structures (other than a table and two chairs) are placed or erected; and the other activities (i.e., cooking, sale or public distribution of food and commercial merchandise) are not involved. Nothing herein prevents the use of handheld equipment, including a loudspeaker, and handheld signs at a simple assembly.

"Special Event" (Minor, Regular, or Major) means any indoor or outdoor event that consists of any combination of the following:

a)

A parade or assembly consisting of persons, animals, vehicles, or any combination thereof, which is intended to assemble or travel in unison on any street and which does not comply with applicable traffic regulations, laws, or controls;

b)

An organized assemblage of persons at a plaza, park, or paseo, gathered for a common purpose under the direction or control of a person or organization; or

c)

An activity or event on a public right-of-way, plaza, paseo, park or private property which involves:

i.

The placement or erection of equipment or temporary structures other than one portable table and two chairs, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle or float;

ii.

The use of live animals, fireworks, pyrotechnics, electrical power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons;

iii.

Cooking or the sale, preparation for sale or commercial distribution of food or beverages;

iv.

The sale of commercial merchandise.

d)

An activity which involves blocking off a street or other use of a street which obstructs the normal traffic thereon.

e)

Examples of Special Events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, mobile food vending events, celebrations and receptions.

f)

For definitions of "Major," "Regular," or "Minor" Special Events, see Table XI-10-15.03-1: Review Requirements for Special Events.

24.

"Special event permit" means a permit issued pursuant to this Section, which authorizes the holder to conduct a Special Event at a Special Event Venue in accordance with its terms and conditions. A Special Event Permit includes a Temporary Street Closure Permit, Temporary Assembly Permit, Business License, and any outside agency regulatory permits that may be required for the operations and activities for the aforementioned Special Event.

25.

"Special Event Venue" means the outdoor area (i.e., private property, street, park, paseo, or plaza) for which a Special Event Permit has been issued.

26.

"Street" means a public or private right-of-way used for vehicular traffic that is owned, controlled or maintained by the City. The definition of "street" includes the entire street right-of-way inclusive of any and all adjacent sidewalks.

27.

"Temporary Street Closure Permit" means a permit issued by the Chief of Police of the Milpitas Police Department or designee to conduct a special event on a public street.

28.

"Temporary Assembly Permit" means a permit that is issued by the City of Milpitas Fire Marshal for the temporary assembly of 50 or more people associated with a Special Event.

29.

"Temporary Collection Service Agreement" means an agreement between the Permittee and City's public service provider for the trash and recycling collection.

30.

"Written Request" means written, typed or email correspondence submitted by the applicant to the Director or Designee. Text messages are not included.

(Ord. No. 38.847, § 8, 8/16/22; Ord. No. 38.845, § 10, 6/21/22; Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.05 - Permit Required

No person, company, corporation or entity shall conduct or cause to be conducted, participate or engage in, hold, manage, permit, or allow another to conduct a Special Event in, on or upon any street, paseo, plaza or park unless authorized to do so as follows:

A.

By this Section or otherwise by this Code;

B.

Pursuant to the terms of a permit, lease or contract which has been entered into by the City in accordance with the provisions of this Code or as specifically authorized by the City Council; or

C.

In accordance with a Special Event Permit.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.06 - Exceptions to Permit Requirement

Notwithstanding any other provision of this Chapter, the following activities are exempt from the Special Event Permit requirement:

A.

Activities on a street conducted by a governmental agency acting within the scope of its authorized functions;

B.

A simple assembly on an area of a plaza or park that is open to the public and which has not been reserved for use, provided that the assembly meets the definition of "Simple Assembly" herein and remains in compliance with all regulations applicable to the plaza or park, including but not limited to the capacity limits of the applicable area of the plaza or park.

C.

Park rental for the purpose of private party not open to the general public.

D.

Private small gatherings and parties typically held at home that do not involve amplified sound and are not incompatible with the generally intended use of the property and have no impact on the neighborhood or community.

E.

First Amendment events planned in response to a contemporaneous public event or decision which could not have been known in advance. However, the person conducting, organizing or sponsoring the First Amendment event shall, if practicable, provide notice to the Milpitas Police Department no later than 48 hours prior to the commencement of the First Amendment event if there is any possibility that the event will interfere with the flow of traffic.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.07 - Issuance of Special Event Permits

A.

The Director or designee is authorized to issue Special Event Permits consistent with Table XI-10-15.03-1 (Review Requirements for Special Events).

B.

Special Event Permits are issued on a first-come, first-served basis to applicants who comply with the permit application procedure and requirements set forth in XI-10-15.13 (Permit Application Filing Time) and the regulations issued under this Section.

C.

The Director or designee may condition any permit issued pursuant to this Section with reasonable requirements concerning the time, place or manner of holding the Special Event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public spaces; prevent dangerous, unlawful or prohibited uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions may include, but are not limited to, the following:

1.

The establishment of an assembly or disbanding area for a parade or like event;

2.

The accommodation of a Special Event's pedestrian and vehicular traffic, including restricting events to City sidewalks, portions of a street, or other public right-of-way;

3.

Conditions designed to avoid or lessen interference with public safety functions and/or emergency access;

4.

The number and type of vehicles, animals, or structures to be displayed or used in the conduct of the Special Event;

5.

The written representation of the Special Event applicant that any stages, booths, floats, structures, vehicles or equipment to be used or operated during the Special Event are safely constructed and can be safely operated, and conform to the requirements of all applicable codes;

6.

A cleaning and repair deposit if the event includes the placement of a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, float, vehicle, portable restrooms, dumpsters, carnival rides, or any structure or equipment on the public right-of-way or within a public paseo, plaza, or park that requires a permit or approval from the City;

7.

Display or use of animals;

8.

Operation of water stations;

9.

Application of materials on City property;

10.

Use of fireworks, pyrotechnics, or equipment or materials that create substantial risk of damage to City property;

11.

Sporting events on non-athletic fields;

12.

Cooking, preparation for sale, or sale of food or beverage;

13.

The provision and use of traffic cones or barricades or traffic control personnel;

14.

The provision or operation of first aid stations or sanitary facilities, including sanitary facilities with disabled access;

15.

The provision of a waste and recycling management plan, and the clean-up and restoration of the site of the Special Event;

16.

The use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the Special Event;

17.

The manner of providing notice of permit conditions to Special Event vendors or participants and community notice of the Special Event to those businesses or residents who may be directly affected by the conduct of the event;

18.

The provision or use of emergency services;

19.

The reasonable designation of alternate sites, times, or dates;

20.

The obtaining of any and all business licenses or other necessary permits required by local and State governmental agencies for the sale or distribution of food, beverage or other goods or services at the Special Event;

21.

The manner by which alcohol sales and service, if any, shall be conducted at the Special Event;

22.

The precautions necessary for the protection of wildlife, native plants and sensitive habitats, streams, lakes and waterways within or adjacent to the Special Event.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.08 - Rules and Regulations

A.

The Director is authorized to promulgate rules and regulations consistent with this Section, and to place reasonable time, place and manner conditions, consistent with this Section, on Special Event Permits, including without limitation, limits on the number of permits issued per month, the duration of a permit or event, and the times the Special Event Venue is available for event reservation as reasonably necessary to avoid adverse impacts on the community. Nothing herein limits the authority of the Director of Public Works, City Traffic Engineer, Fire Marshal, Chief of Police and/or Recreation Services Manager, to issue regulations applicable to parks, public right-of-ways, and/or private property.

B.

It shall be unlawful to disobey or fail to follow regulations adopted pursuant to this Section, or any other rule, regulation, or lawful direction promulgated or made by the Director, of which such person has actual notice, however given, or as to which constructive notice has been given by appropriate sign or notice at the Special Event Venue.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.09 - Fees and Charges

A.

An applicant for a Special Event Permit shall pay all fees, deposits and applicable City charges in the amounts and at the prescribed time, as set forth by resolution of the City Council.

B.

Applications which do not adhere to the application filing time requirements in Section XI-10-15.13 (Permit Application Filing Time) may be subject to additional fees arising as a direct result of the late application. Upon conclusion of the Special Event, the City shall send an invoice to the Permittee for all fees and charges still due to the City, for the cost of services provided by the City departments and for the cost to the City of any cleaning and/or repairs to the Special Event Venue made necessary by the Permittee's use. Permittee shall be responsible for the actual costs of cleaning and repairs made necessary by the Permittee's use of the Special Event Venue.

C.

Any person who conducts, organizes, sponsors or produces a Special Event without obtaining a permit in violation of this Section shall be responsible for the actual costs of cleaning and repairs to the Special Event Venue and City departmental service charges incurred in connection with or due to the unpermitted Special Event.

D.

Any indigent natural person who intends to engage in a First Amendment event who cannot afford to pay a permit fee shall not be required to pay the fee. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as the Director determines is reasonably necessary to verify such status. Nothing herein shall exempt an indigent natural person from the requirement to apply for and obtain a permit under this Section.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.10 - Indemnification and Hold Harmless

A.

Except as set forth in Subsection B below, each Permittee to whom a Special Event Permit has been granted must agree in writing to indemnify and hold the City, its officers, agents and employees, harmless from and against any and all liability and losses incurred from the conduct of Permittee or its officers, employees, and agents.

B.

The requirement set forth in this Subsection shall not apply to:

Special events that are First Amendment events, unless Permittee has elected to provide indemnification to the City in accordance with Subsection A above in lieu of providing the insurance required in Section XI-1015.11 (Insurance Requirement) below; and

2.

Activities referenced in Section XI-10-15.06 (Exceptions to Permit Requirement) of this Code.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.11 - Insurance Requirements

A.

As a condition of the Special Event Permit, the Permittee shall provide the Director with proof of insurance no later than eight business days prior to the Special Event, which insurance shall remain in full force and effect throughout the term of the Special Event Permit. The following are excepted from the requirements of this Subsection:

1.

Any Special Event where the requirement for insurance is prohibited by law;

2.

Any Special Event where exemption is obtained as provided in Subsection XI-10-15.06;

3.

First Amendment events that do not present any objective, substantial risk, hazard, or danger to the public health and safety, as identified by the City Manager, who shall consider the reasonably foreseeable consequences of the event. Applicants seeking approval of First Amendment events which, due to their design or schedule, do present an objective, substantial risk, hazard, or danger to the public health or safety, must either comply with the insurance requirements of this Section XI-10-15.11 or enter into a hold harmless agreement as set forth in Section XI-10-15.10 above; or

4.

Special Events permitted under this Section that do not involve:

a)

The placement or erection of stages, barricades, fencing, booths, tents, canopies, floats, vehicles, generators, heating equipment, portable restrooms, dumpsters, carnival rides, or any structure or equipment requiring a permit or approval from the Building and Fire Department; and

b)

The other activities referenced in Section XI-10-15.06 (Exceptions to Permit Requirement) of this Code.

Notwithstanding the timeframe set forth in Section XI-10-15.13 (Permit Application Filing Time), if an application for a Special Event Permit is submitted to the City less than 14 days prior to the Special Event under this Section, the Permittee shall provide the Director with proof of insurance as prescribed in the regulations no later than eight calendar days prior to the Special Event.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.12 - Permit Application

A.

An applicant for a Special Event Permit shall file an application on a form provided by the Director, which shall contain all of the following information:

1.

The name, address, email, and telephone number of the applicant.

2.

A narrative description of the proposed Special Event, including:

a)

The name of the proposed Special Event;

b)

Expected attendance numbers;

c)

A description of any proposed food, beverage or alcohol service;

d)

The schedule of events to be included in the activity;

e)

A solid waste handling plan;

f)

A security plan and/or public safety plan when required by the regulations;

g)

A traffic handing and parking plan;

A pedestrian circulation plan;

i)

A temporary event signage plan.

3.

The address of the proposed Special Event Venue and the specific area or areas therein which will be utilized in connection with the Special Event;

4.

A detailed drawing depicting the layout of the proposed activity, including the number and location of any booths, cooking equipment, tables, canopies, stages, fencing, waste receptacles, signage, generators, and any other event equipment proposed to be placed at the Special Event Venue;

5.

The date(s) and the specific times requested for use of the Special Event Venue;

6.

The approximate number of vendors, if any;

7.

For parades:

The parade route to be followed;

Start and termination points;

c)

The location of assembly and disbanding areas; and

d)

The maximum length of the parade components in miles or fractions thereof.

8.

A certification that the applicant shall be financially responsible for any City fees, departmental service charges or costs that may lawfully be imposed for the Special Event;

The Special Event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City;

5.

The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;

6.

The Special Event will not unreasonably interfere with any other Special Event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions;

7.

The proposed use, event or activity will not have a significant adverse environmental impact;

8.

The proposed use, event or activity does not present a substantial or unwarranted safety, noise or traffic hazard;

The proposed Special Event will be consistent with the regulations established for each potential venue with regard to:

Size;

Type of activity;

Available time period; and

Frequency of events.

10.

For parades, the parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en-route in order to limit the impacts on the flow of traffic through the City; and

11.

The proposed Special Event does not meet the grounds for denial or revocation specified in Section XI-1015.15 (Permit Denial or Revocation).

C.

In determining whether to approve a permit application, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the applicant or its members or affiliates, or to any assumptions or predictions as to the amount of support or hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

D.

The Director may condition any permit with reasonable requirements, as outlined in Section XI-10-15.07 (Issuance of Event Permits), and applicants may be required to pay permit fees and deposits, as outlined in XI-10-15.09 (Fees and Charges).

E.

The Special Event Permit shall not be issued until the applicant has paid all required fees and deposits.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.15 - Permit Denial or Revocation

A.

The Director or designee shall deny an application for a Special Event Permit or revoke a Special Event Permit if the Director finds any of the following:

1.

Fraud, misrepresentation or any false statement contained in the application for a Special Event Permit, including without limitation, in carrying out the Special Event in a way not consistent with the application;

2.

Failure to comply with the provisions of this Section or the regulations;

3.

Failure to comply with the conditions of the Special Event Permit, including without limitation, failure to timely pay applicable fees and City charges, provide indemnification or insurance certificate or security deposit within the times required, or failure to comply with all other permit requirements, licensing requirements, or regulations required to conduct the activities described as part of the Special Event in the permit application or any amendment thereto;

4.

The Special Event Venue or any substantial portion thereof is not available due to fire, casualty, act of God, emergency maintenance activity or public emergency;

5.

The proposed event will conflict with a previously scheduled event organized by the City for use of the Special Event Venue, or with a Special Event or other permitted use previously approved to be held at the Special Event Venue;

6.

The proposed event, as designed, will unreasonably impede, obstruct, impair or interfere with reasonable access to adjacent properties and the applicant will not agree to redesign the proposed event so as to allow reasonable access to the adjacent properties;

7.

The Special Event Venue, including but not limited to the proposed areas for assembly or disbanding of parades, cannot physically accommodate the number of participants expected to participate and/or the items necessary or proposed to support the event;

8.

The proposed activity or event will violate a federal, State or local law or regulation;

9.

One or more of the approval criteria specified in Section XI-10-15.14 (Timeframe for Permit Decision and Permit Approval Criteria) is not met;

10.

The requirements specified in Section XI-10.15.13 (Permit Application Filing Time) are not met.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.16 - Final Permit Approval

A.

If the Director or designee has issued a Conditional Special Event Permit, the Permittee shall submit the final event plans and demonstrate all permit conditions have been satisfied at least ten business days prior to the event. If the Permittee does not submit verification that the permit conditions have been met within the applicable deadline specified in this Subsection, the Special Event Permit will be deemed revoked.

B.

Upon receipt of the final event plans and verification that permit conditions have been met consistent with Section XI-10-15.14 (Timeframe for Permit Decision and Permit Approval Criteria) above, the Director or designee shall issue written confirmation that such conditions have been met in the form of a final Special Event Permit or other written confirmation. The final Special Event Permit or confirmation shall be issued no later than five business days after receipt of the final event plans and verification of compliance with permit conditions or two business days prior to the first day of the Special Event, whichever occurs earlier.

C.

At the discretion of the Director or designee an extension of the deadline for submission of final event plans or verification of permit conditions may be granted.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.17 - Notice of Decision

A.

The Director or designee shall notify an applicant or Permittee in writing of the decision to approve, conditionally approve, or deny the application for a Special Event Permit or to revoke a Special Event Permit, in the event that the revocation is prior to the date of the proposed activity.

B.

The notice of decision shall state any conditions required, the reasons for the conditions, or the grounds for denial of the application or revocation of the Special Event Permit. The notice shall notify the applicant or Permittee of the hearing opportunity pursuant to Section XI-10-15.18 (Hearing).

Notification shall be deemed satisfied and issued when the notice is placed, postage prepaid, in the United States mail, and addressed to the applicant at the address shown on the permit application.

D.

Except as set forth in Subsection F, a written request for a hearing must be received no later than ten calendar days after the date of the notice of decision.

E.

If the notice of decision to deny, revoke or impose conditions on a Special Event Permit is issued five or fewer business days prior to the proposed event, the notice of decision shall notify the applicant or Permittee of the time, date and location of the hearing.

F.

Notwithstanding any other provision of this Subsection XI-10-15.17, if a notice of decision to deny or revoke a Special Event Permit issued for a First Amendment event less than 30 calendar days from the date of the proposed event, any appeal from said decision shall proceed immediately to a court of competent jurisdiction. The notice of decision shall become final unless a written request for hearing is received within the time limits set forth in this Subsection.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.18 - Hearing

A.

Upon receipt of a timely written request for a hearing as outlined in Section XI-10-15.17 (Notice of Decision), the Director shall schedule a hearing before a hearing officer and shall promptly notify the applicant or Permittee of the hearing date, time and location.

B.

At the hearing, the applicant or Permittee may present any relevant evidence. The appeal will be conducted informally; no formal rules of evidence shall apply. The applicant or Permittee may be represented by any person.

C.

After closing the hearing, the hearing officer shall give a decision sustaining, reversing or modifying the decision to deny or revoke the Special Event Permit or specific permit conditions. A written notice of final decision shall be placed, postage prepaid, in the United States mail, addressed to the Permittee or applicant at the address shown on the permit application.

D.

The decision of the hearing officer shall be final.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.19 - Display of Permit

A copy of the Special Event Permit shall be exhibited upon demand of any City Official.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.20 - Permit Amendment

A.

If a Permittee desires to change the location, time, or duration or other significant aspect of the description of an event subject to a Special Event Permit, the Permittee shall apply for an amendment to the Special Event Permit.

B.

A Special Event Permit amendment application must be filed with the Director no later than 15 business days in advance of the Special Event.

C.

The Director shall grant, deny, or approve with modifications, the Special Event Permit amendment no later than seven business days of receipt of the amendment application.

D.

The provisions set forth in Section XI-10-15.17 (Notice of Decision), Section XI-10-15.18 (Hearing) and Section XI-10-15.19 (Display of Permit) shall apply to all applications for Special Event Permit amendments.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.21 - Immediate Revocation—Conditions

Any Special Event Permit may be revoked on the day of the Special Event without prior written notice and without a hearing, if the City Council, the City Manager, the Director, the Fire Marshal or the Chief of Police, or their authorized designees, determines that:

1.

Revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God or a public emergency; or

2.

The Permittee is in violation of the provisions of this Section, the regulations, or the terms of the Special Event Permit.

The grounds for revocation shall be communicated at the time notice is provided. The Permittee, immediately upon receipt of the notification that the Special Event Permit has been revoked, shall cease the activity and shall commence with restoring the Special Event Venue to its condition prior to the activity.

(Ord. No. 38.823, § 3, 11/17/15)

XI-10-15.22 - Interference with Event

A.

It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any area for which a Special Event Permit has been issued, without the consent of the Permittee.

B.

This Subsection shall not apply to persons acting under the direction and control of the City.

(Ord. No. 38.823, § 3, 11/17/15)

Section 24 - Signs

XI-10-24.01 - Purpose and Intent

The purpose and intent of this section is to provide for regulation of all signs which are publicly displayed in the City of Milpitas. It is recommended that the safety of pedestrians and vehicles, protection against fire, and the enhancement of the outward appearance of the community are important factors in the general welfare of the people, and that accordingly reasonable control of such signs by ordinances is in the public interest.

(Ord. No. 38.788, § 7, 9/7/10)

XI-10-24.02 - Administration

A.

Relationship to Other Applicable Documents including Local and State Regulations. In addition to the provisions discussed in this Chapter, there are other City and State regulations that may also apply depending on the specific sign and/or its location. These other regulations include, but are not limited to, the State Highway Code, Business and Professions Code, and Civil Code, and any applicable specific plan. The applicable specific plan may include additional sign standards and regulations beyond those of this Chapter. If the specific plan is silent regarding certain sign standards, the regulations of this Chapter shall prevail. Uniform Building and National Electrical Codes may also apply, when Building and Electrical Permits are required.

The provisions of this Chapter are in addition to other requirements of the ordinances of the City of Milpitas and Milpitas Municipal Code imposed upon signs including, but not limited to, the requirements of the following (and amendment thereto):

Ordinance No.	Chapter	Title	Common Name
65	1	II	Building Ordinance

B.

Sign Violations. Violations of this section shall be subject to the provisions of Section XI-10-63, Enforcement, of this Chapter.

C.

Clarification of Ambiguities/Interpretations. If ambiguity arises within the meaning and intent of this Chapter, or if ambiguity exists with respect to any standards, requirements or enforcement as set forth herein, the ambiguity shall be resolved in accordance with Section 61, Interpretations, of this Chapter.

(Ord. No. 38.788, § 7, 9/7/10)

XI-10-24.03 - General Regulations.

A.

Purpose and Intent. The purpose of these general regulations is to define the parameters for design, size, height and location of signs. The requirements related to the number, design type and size of signs outlined in this Chapter are intended to be maximum standards which do not necessarily ensure compatibility with building architecture, the neighborhood and the community appearance. Consideration shall be given to the sign's relationship to the overall appearance of the subject property and surrounding area.

B.

Maximum Permissible Sign Area. The following prescribes the maximum permissible sign area for projects located within the city. Please refer to Section XI-10.24.04, Special Regulations, of this Chapter for unique circumstances such as shopping centers, regional shopping centers, town center district, sign programs and off site advertising displays.

1.

Maximum Sign Area in Non-Residential Zones. The maximum permissible total sign area for commercial, industrial, mixed use, institutional and agricultural zoning districts will conform to the following standard:

a.

i.

For buildings or uses containing more than one (1) business, the allowable sign area as defined in Section (1) above shall be:

(1)

Distributed to each business proportionately to the floor area of the subject business to the total floor area for all leasable structures on the parcel or site; or

(2)

Distributed to each business proportionately to the building façade of the subject business by one (1) square feet of sign area per one (1) lineal feet of adjacent building façade oriented towards a property line of a site or common parking area.

2.

Maximum Sign Area in Residential Zones. Sign area in Residential Zones shall comply with the following requirements:

a.

Single Family Residential Zones: Permanent signs erected for the purpose of announcements or nameplates shall not exceed one (1) square foot.

Exception: House numbers, street names, and warning signs pursuant to Section XI-10-24.06, of this Chapter.

b.

Multiple Family Residential Districts: Permanent signs erected for permitted uses shall not exceed ten (10) square feet.

c.

Conditional Uses in any Residential Zone shall be allowed sign area not exceeding one (1) square foot of sign area for each three (3) lineal feet of public street frontage, provided, however, that this sign area shall not, in any case, exceed a maximum of either thirty-two (32) square feet for Valley Floor Residential Zones or twenty-four (24) square feet in the designated Hillside Overlay.

3.

Limitations on Public Street Frontage. Public street frontage with non-access rights or no immediate direct access, such as flood control channels, but excluding landscaped planter areas, shall not be included in computing public street frontage for purposes of sign area calculations. Refer to Section XI-10-24.05(D), Regional Shopping Centers, of this Chapter for additional information relating to regional shopping centers unless permitted pursuant to a sign program.

4.

Sign area deducted from total per sign. Any square footage of a sign shall be deducted from the total maximum permissible sign area allowed for the site, unless otherwise specified or exempted in this Chapter.

Design Guidelines. In considering the appropriateness of the design proposed for any sign as provided in this Section, the following criteria shall be utilized by the Planning Commission, Zoning Administrator, and Planning staff:

1.

Appropriateness of sign. The following factors shall be considered in the review of the design of each proposed sign:

a.

The relationship of the sign to the space on the building where the sign is to be located.

b.

Relationship of the location of the sign to all facades of all buildings on the site.

c.

Compatibility of materials, architecture, design, and continuity with other signs on the building.

d.

Illumination of the sign as it relates to other signs on the subject building, other light sources, competition and interference of light sources and intrusion of light into residential areas.

e.

Visibility and legibility (letter height and legibility, contrast-background relationship, placement and location).

f.

Impact on other immediate signs in terms of visibility, legibility, and scale.

g.

Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction.

h.

The proximity of the sign to residential districts.

i.

Relationship of the height of the sign to the height of the building at that location.

j.

Quantity of other signs in the vicinity of the subject sign on or off of the subject parcel.

k.

Impact on visibility of other signs in the vicinity of the subject sign.

l.

Other such factors that the discretionary decision-making body and/or Planning staff shall determine as relating to the impact of the sign to the general environment.

D.

Specific Design Guidelines. Each proposed sign shall be reviewed for conformity to the following criteria:

1.

The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained.

2.

Signs should be an integral part of the design of the storefronts of mixed-use buildings.

3.

To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design.

4.

Signage shall not obstruct pedestrian circulation.

5.

While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language.

6.

The business name and address shall be displayed on the tenant space if located in a multi-tenant building or on the building or property for a single occupant building.

7. Lighting

a.

All light sources shall be adequately diffused or shielded.

Approved pursuant to a Sign Program, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

Off-Site Advertising Displays. Any sign as regulated by Section XI-10-24.03(F), Prohibited Off-Site Advertising Signs, of this Chapter.

5.

On Public Property. Any sign located on public property as regulated by Section XI-10-24.03(G), Advertising on Public Property, of this Chapter.

6.

Other Advertising Structure as defined in Section XI-10-2.03, Definitions, of this Chapter.

7.

Portable Signs.

a.

Exceptions: Public service signs and open house directional signs.

8.

Privately-owned signs resembling Traffic Signs. Any privately-owned sign resembling any public directional sign or traffic control device.

9.

Reflective Signs. Any sign using colors that contain reflective properties.

10.

Rotating or Moving Signs. Any sign which revolves, rotates, moves in any manner or creates the illusion of movement or rotation, or has any visible moving, revolving or rotating surfaces or parts, is held and/or moved by a human being or animal.

11.

Roof Sign or Signs Extending Above Roof Ridge. Any Roof Sign or sign, which is placed on, above or attached to any building roof (above the gutter line); above or on top of any marquee; or on, above, made a part of or attached to any parapet.

12.

Signs that are a Traffic Hazard. Any sign, which creates traffic hazard to operators of motor vehicles or any sign, which obstructs or interferes with a motorist's vision.

13.

Sound or Odor Emitting Signs. Any sign designed for emitting sound, odor or visible matter.

Statuary Signs. Statuary when used for advertising purposes.

15.

Temporary Signs.

a.

Exceptions: Construction signs, Garage Sale signs, Grand-Opening signs, Open House Directional signs, Temporary Promotional and Temporary Tract Advertising Signs.

16.

Vehicle-Mounted Signs. Vehicle-Mounted Signs where the vehicle is:

a.

Not legally registered;

Site Development Permit or Minor Site Development Permit. A proposed sign may require Minor Site Development Permit and/or Site Development Permit in accordance with this Chapter. Review requirements for a Minor Site Development Permit and a Site Development Permit are included in Section XI-10.57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

2.

Permitted signs may be erected or painted upon posts, poles, buildings or structures subject to compliance with the following provisions:

a.

Hillside (-H) Overlay District and designated historical or cultural resource buildings or sites. The City Council, upon recommendation by the Planning Commission, shall be empowered to approve, conditionally approve or deny any Site Development Permit for any sign(s) proposed in the Hillside district, subject to the provisions of Section XI-10-45.09, Site and Architectural Approval, of this Chapter, and for any signs proposed on designated historical or cultural resource buildings or sites, subject to the provisions of Section XI-4-10.00, Permit Procedure, of this Title.

b.

Sign Program. The Planning Commission shall be empowered to approve, conditionally approve or deny a Site Development Permit application for a sign program(s) pursuant to Section XI-10-24.05(F), Sign

Programs, of this Chapter.

c.

Freestanding signs exceeding six (6) feet. The Planning Commission shall be empowered to approve, conditionally approve or deny freestanding signs exceeding six (6) feet in height, under the provisions of the Site Development Permit.

d.

Planning Division staff shall be empowered to approve, conditionally approve or deny the following signs, under the provisions of Section XI-10-57.03 with a Minor Site Development Permit, of this Chapter:

i.

Signs which conform to an approved sign program.

ii.

Signs which replace previously approved building signs, provided sign type, size and location are unchanged, on sites which are not in the Hillside (-H) Overlay District or on designated historical or cultural resource buildings or sites.

iii.

New building signs for single-tenant structures.

iv.

Freestanding signs up to six (6) feet in height, as measured from the closest public sidewalk or curb, on sites which are not in the Hillside (-H) Overlay District or on designated historical or cultural resource buildings or sites.

C.

Permanent Signs.

1.

General Notes. The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

a.

All signs listed, unless exempted will count towards the total allowable sign area for a site.

b.

Table XI-10-24.04-1, Matrix of Permanent Sign Types, includes the maximum number signs permitted, maximum size, maximum height, permits required. Special considerations by sign type are included in Section XI-10-24.04(D), Standards for Specific types of Permanent Signs, of this Chapter.

c.

All signs listed in Table XI-10-24.04-1 shall require a Minor Site Development Permit in addition to any discretionary review required per specific sign type.

d.

Except as expressly permitted or authorized in this section or deemed similar by the Planning Commission to those signs permitted or authorized pursuant to Section 61, Interpretations, of this Chapter, all other signs are prohibited within the City.

Table XI-10-24.04-1

Matrix of Permanent Sign Types

Sign Type	Maximum Number of Signs Permitted	Maximum Size per Sign	Maximum Height per Sign	Review Required
Ancillary Service Signs			None	Minor Site Development Permit
Architectural Sign				Minor Site Development Permit
Area Identifcation Sign		Residential: 25 sq. ft. Commercial/Industrial: 60 sq. ft.		Minor Site Development Permit
Blade Sign	One per elevation of each tenant space.		15 ft. above walkway surface.	Minor Site Development Permit
City Identifcation Sign				Minor Site Development Permit & Site Development Permit
Flag Signs	1 per site or building	40 sq. ft. per fag sign		Minor Site Development Permit
Freestanding Sign	1 per each parcel's public street frontage, 1 additional sign for sites with more than 300 ft.		25 ft. max Non-Residential: 1 foot of height for every 8 lineal feet of public street frontage.	Signs 6 ft. or less in height: Minor Site Development Permit Signs over 6 ft. in
	of public street frontage		For any second sign, only the lineal feet in excess of 300 shall be used to determine height. Residential: 1 foot of height for every 25 lineal feet of public street frontage Hillside (-H) overlay: 4 ft.	height: Site Development Permit Hillside (-H) overlay: Site Development Permit
---	---	---	---	---
Graphic Panel Sign				Minor Site Development Permit
Joint Use Sign	See Freestanding sign.
Menu Board Sign for Drive Through	2 per site		6 ft.	Site Development Permit
Of-site Public Information Sign Citywide program Quasi-public use	Determined through the Site Development Permit			Site Development Permit Minor Site Development Permit
Project Identifcation Sign (Permanent subdivision/apartment complex (5 or more units)/mobile home park)	See Freestanding sign.
Projecting Sign	One per business.	Sixteen (16) sq. ft. per side unless increased pursuant to an approval of a Site Development Permit.		Minor Site Development Permit
Public Information Sign				The location, design and size of the sign will be determined
				through the approval of a Site Development Permit.
---	---	---	---	---
Scoreboard Sign		Shall not exceed thirty percent (30%) of the total scoreboard area		The Planning Commission may after notice and hearing, permit advertising signs to be located on the scoreboard subject to a Site Development Permit.
Shopping Center Identifcation Sign	See Section XI-10-24.05(C)			Site Development Permit
Wall Sign				Minor Site Development Permit
Window Sign		Window Signs shall not exceed twenty- fve percent (25%) of the contiguous window area		None

8.

Graphic Panel Signs

a.

Shall be located within five (5) feet of the main building wall.

b.

One "open/closed" sign may be placed without counting towards sign area allowed for the business or site.

Temporary Signs

1.

General Notes. The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

a.

All signs listed, unless noted will not count towards the total allowable sign area for a site.

b.

Table XI-10-24.04-2, Matrix of Temporary Sign Types, includes the maximum number signs permitted, maximum size, maximum height, permits required. Special considerations by sign type are included in Section XI-10-24.04(F), Standards for Specific types of Temporary Signs, of this Chapter.

All signs listed in Table XI-10-24.04-1 shall require a Minor Site Development Permit in addition to any discretionary review required per specific sign type unless specified otherwise.

d.

Table XI-10-24.04-2

Matrix of Temporary Sign Types

Sign Type	Maximum Number of Signs Permitted	Maximum Size per Sign	Maximum Height per Sign	Duration	Reviews Required
Balloon Sign	1 per event		50 ft. above grade	Up to 4 times per calendar year. Maximum 30 days per event, 15 days for subsequent displays during year. Minimum 30 days between display occurrences.	Minor Site Development Permit
Banner Sign	1 per elevation	60 sq. ft.		Max 30 consecutive days for 1st event; max 15 consecutive days for subsequent event Displays shall be interrupted by 30 days. Max 4 permits per calendar year If associated with a remodel,	Minor Site Development Permit
				the interruption period may be waived.
---	---	---	---	---	---
Construction Sign	2 per street frontage For tenant improvements: 2 max	32 sq. ft.	6 ft. when freestanding	After issuance of building permit and removed upon approval of fnal occupancy	Minor Site Development Permit Site Development Permit if over 6 ft. in height.
Garage Sale Sign	2 per garage sale per intersection	6 sq. ft. per side		Saturdays, Sundays and holidays only	None
Grand Opening Sign	1 per elevation	60 sq. ft.		30 days	Minor Sign Permit
Open House Directional Sign	2 per advertised house per intersection	6 sq. ft. per side		Saturdays, Sundays and holidays only	None
Political Signs		32 sq. ft.	6 ft. from grade
Temporary Tract Advertising Sign	Major Signs: 6 Minor Signs: 6 Additional signs may be allowed through the Major Sign Permit process, in accordance with Section XI- 10-24.04(F)(8)	Major Sign: 32 sq. ft. Minor Sign: 16 sq. ft.	Major Sign: 12 ft. Minor Sign: 6 ft.		Minor Sign Permit & Major Sign Permit for freestanding signs over 6 ft.
Temporary Use Sign	1 per street frontage	32 sq. ft.	8 ft.	To be erected only during the temporary use and taken down upon completion of temporary use.	Minor Site Development Permit & Major Site Development Permit for freestanding signs over 6 ft.

iii.

Within two (2) feet of any driveway or curb-cut access ramp.

iv.

Between light rail tracks and curb.

v.

Adjacent to or within four (4) feet of any disabled parking zone.

vi.

On any median strip.

vii.

If over three feet tall within a "Line of Sight Triangle" which shall mean a triangle of land formed by two intersecting streets, where two sides of the triangle consist of the curb-lines of the intersecting streets and the third side of the triangle is a straight line drawn between points on each curb-line located forty-five (45) feet from the intersection where the prolongation of the curb-lines meet.

d.

Shall not be attached in any manner to any other structure, such as trees, lampposts, streetlights, utility poles, utility cabinets, street or traffic signs, benches, hydrants and mailboxes if said sign is placed in the public right-of-way.

e.

Said signs shall only be allowed on Saturdays, Sundays and holidays.

Any approved signs shall be removed once the nonconforming use ceases operation in accordance with the Nonconforming regulations, of this Chapter.

2.

Nonconforming Signs

Notwithstanding any other provision of this Chapter:

i.

All signs presently existing and not in conformity with the provisions of this Chapter shall conform to the provisions of this Chapter.

ii.

Any sign which shall become nonconforming because of an amendment to this Chapter shall be made to conform to the provisions of this Chapter as amended or be removed no later than ten (10) years from the date of said amendment.

iii.

Without limitation to any other provision of this Chapter or any other provision of the Milpitas Municipal Code, a nonconforming sign shall not be added to or enlarged unless such sign, including such addition and enlargement, is made to conform to all of the regulations applicable to said sign at the time of said addition or enlargement. Repairs and alterations may be made to a nonconforming sign provided that any structural alteration (other than those required by law) shall not be made unless such sign, including such alteration, is made to conform to all the regulations applicable to said sign at the time of said addition or enlargement. Replacement of the face of a sign shall not be considered to be a structural alteration. No nonconforming sign shall be moved in whole or in part to any other location on the parcel of its location unless said sign is made to conform to all of the regulations applicable to said sign at the time of said moving.

b.

Maintenance of Signs. Nothing herein contained shall be construed to vary the provisions of this Chapter relating to the maintenance of signs in good condition. It is the intent of this Chapter that nonconforming signs shall be maintained in good condition until amortized by the provisions of this section. Signs which are not maintained in good condition (whether conforming or nonconforming) shall be subject to abatement in accordance with the other provisions of this Chapter and this section shall not be construed to be a bar thereto.

(Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.788, § 7, 9/7/10)

XI-10-24.05 - Special Regulations

A.

Purpose and Intent. The purpose of this section is to establish requirements for unique settings that require special provisions.

B.

Applicability. The following regulations pertain to signage requirements in special districts, and take precedence over other regulations in this Chapter, unless otherwise specified.

C.

Shopping Centers. For shopping centers, the Planning Commission may permit the following, subject to approval of a Sign Program in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter:

1.

One (1) double-faced freestanding shopping center identification sign, which may advertise its principle tenants.

a.

Maximum sign area. Three hundred (300) square feet on any one face.

b.

Maximum height. Forty-five (45) feet.

2.

The shopping center identification sign may be in addition to those signs allowed under the provisions of Table XI-10-24.04-1, Matrix of Permanent Signs, of this Chapter. Furthermore, the sign area on the shopping center identification sign shall be in addition to the total sign area allowed under the provisions of Section XI-10-24.03(B), Maximum Permissible Sign Area, of this Chapter. Refer to Section XI-10-24.05(D), Regional Shopping Centers, of this Chapter for additional information relating to regional shopping centers.

D.

Regional Shopping Centers

1.

Regional Shopping Centers less than one (1) million square feet. For regional shopping centers, the Planning Commission may permit the following, subject to approval of a Sign Program, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

a.

An increase to the maximum site sign area not more than twenty-five percent (25%) greater than that otherwise allowed in this Chapter.

b.

An increase to the maximum shopping center identification sign area allowing up to four hundred fifty (450) square feet of sign area on such sign on any one face.

c.

An increase to the maximum height of shopping center identification sign allowing up to a sixty (60) foot height.

d.

On-site directional sign(s). The request shall indicate the proposed number, locations and design of the proposed on-site directional signs.

e.

One (1) off-site sign, for the purpose of identifying a regional shopping center. The request shall indicate the proposed location and design of the proposed directional sign, along with any agreement with private property owners for erection of such sign.

Prior to the installation of any off-site sign within the public right-of-way, the sign applicant must obtain an encroachment permit from the Public Works Department. As a part of the Site Development Permit, the Public Works Director or his or her designee, shall recommend any necessary modifications of the proposed location and sign design to assure traffic safety is maintained.

2.

Regional Shopping Centers with one (1) million square feet or larger.

a.

For regional shopping centers encompassing at least one (1) million square feet of building area, the following apply: Where private streets delineate separate parcels within the shopping center, a parcel's private street frontage may be used instead of its public street frontage (or applicable building perimeter formula), for purposes of calculating sign area, but not for purposes of determining number of on-site freestanding signs, unless a parcel has no public street frontage.

b.

The Planning Commission may permit the following, subject to the approval of a Sign Program, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

i.

Two (2) off-site signs for the purpose of identifying a regional shopping center. The request shall indicate the proposed location and design of the proposed directional sign, along with any agreement with private property owners for erection of such sign.

ii.

Prior to the installation of any off-site sign within the public right-of-way, the sign applicant must obtain an encroachment permit from the Public Works Department. As a part of the Sign Program, the Public Works Director or his or her designee, shall recommend any necessary modifications of the proposed location and sign design to assure traffic safety is maintained.

iii.

Graphic panel(s) (freestanding).

iv.

For major tenants (those with a minimum 40,000 square feet of leasable floor area), signs that move or have the illusion of movement.

E.

Town Center District. One freestanding sign shall be allowed within each subarea of the "Town Center District," with the exception of the main Town Center shopping area which shall be allowed three (3) freestanding signs. No signs shall exceed a height of forty-five (45) feet. The subareas shall be identified as follows:

1.

Beresford Square.

2.

Shapell Office Building.

3.

Main Town Center shopping area, east of Milpitas Boulevard to Hillview Drive.

4.

Hotel and offices east of Berryessa Creek.

F.

Sign Programs

1.

Purpose and Intent. The purpose of this section is to establish a procedure to ensure coordination of the design of new signs concurrent with the design of the project. The intent is to improve the architecture, streetscape, signs and overall aesthetics of the site. A Sign Program provides a clear understanding of what the standards are for new and existing signs on the site. A Sign Program will also provide for consistent and streamlined review, approval and administration of existing and new signs for the site. A Sign Program requires a Site Development Permit, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

2.

Applicability. A Sign Program shall be required for the following:

a.

Any new retail, office or industrial complex:

On four (4) or more acres; or

ii.

With a gross floor area of 40,000 square feet or larger; or

iii.

With a multi-tenant building; or

iv.

With a building more than two (2) stories high

b.

A new automobile dealership

c.

At the owner's request, a Sign Program may be reviewed by the Planning Commission for the following:

i.

Any existing retail, office or industrial complex; or

ii.

With a multi-tenant building; or

iii.

With an automobile dealership; or

iv.

With a building more than two (2) stories high.

d.

For any sign having blinking, flashing or fluttering lights, or any other illuminating device which has a changing light intensity, brightness or color, subject to the following:

i.

Video or similar displays shall be internally facing towards the property as not to project images or light towards neighboring properties. The display shall only advertise on-site businesses.

G.

Off-Site Advertising Displays Adjacent to Interstate Highways and State Routes

1.

Purpose and Intent. The purpose of this section is to establish both a procedure for the review and approval of permit applications for off-site advertising displays adjacent to interstate highways and state routes and specific development criteria for such off-site advertising displays to ensure that the erection of such off-site advertising displays in the City does not create visual clutter or create other operational impacts on surrounding uses, and to promote the public health, safety and general welfare. It is the intent of this section to promote the co-existence of off-site advertising displays within the City, to coordinate the locations of such off-site advertising displays, and to regulate the number, type, size, and other physical characteristics of such off-site advertising displays in order to minimize the visual impact of such displays.

2.

Applicability. Notwithstanding any other provision of the Code, off-site advertising displays, including digital billboards, shall be allowed along the Interstates and State Routes rights-of-way, on any size parcel, whether public or private property.

3.

Required Review.

a.

The operator of the off-site advertising display adjacent to an interstate highway or state route shall enter into a development agreement, lease agreement, contract, license or other accord ("City Agreement") with the City, whereby the operator provides performance, one time fee, or ongoing revenue provisions that allow the City to undertake projects, programs, or other activities for the benefit of the City that offset or mitigate the impacts of the proposed advertising displays.

b.

In addition, the approval of off-site advertising displays adjacent to interstate highways and state routes shall be regulated through a Site Development Permit pursuant to Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. The Planning Commission shall make recommendations to the City Council, which shall have final Site Development Permit approval authority, based upon the objective criteria set forth herein for off-site advertising displays. Site Development Permit review shall ensure that the erection of off-site advertising displays does not create visual clutter or other operational impacts on surrounding uses, with the intent of promoting the co-existence of off-site advertising displays and coordinating their locations, while regulating the type, location, size, number of such off-site advertising displays in accordance with the criteria set forth in this Chapter.

4.

Review Process. The Planning Commission shall make recommendations to the City Council, which shall have final Site Development Permit and City Agreement approval authority, subject to the requirements set forth below.

The proposed off-site advertising display will not create a hazard to vehicular or pedestrian traffic, and measures have been taken to reduce potential impacts upon the existing visual character of the site and its surroundings.

b.

All advertising on the off-site advertising display will conform with the Outdoor Advertising Act in the California Business and Professions Code and other applicable state and federal rules and regulations.

c.

The development of the off-site advertising display will result in a public benefit to the City outweighing any adverse impacts that might be caused by the advertising display.

d.

The development of the off-site advertising display will promote economic development within the City.

e.

The design, including lighting, scale, size and materials, of the off-site advertising display is consistent with the intent of the design criteria of the off-site advertising display provisions.

f.

The development and location of the proposed off-site advertising display is consistent with the goals of the Milpitas General Plan.

H. Advertisements Near Freeways

1.

Outdoor Advertising Structures Prohibited. With the exception of Off-site Advertising Displays, no billboard, advertising sign or display shall be placed, constructed or maintained on property adjacent to any landscaped freeway within the City of Milpitas if the advertising thereon is designed to be viewed primarily by persons traveling along such landscaped freeway or any section thereof, or if such billboard, advertising sign or display is located within 500 feet of the outer limits of such landscaped freeway, or if such billboard, advertising sign or display, because of its location, size, nature or type, constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles upon the landscaped freeway, or creates a condition which endangers the safety of persons or property thereon.

2.

Removal of Illegal Advertising Structures. Any billboard, advertising sign or display which is now, thereafter shall be, in violation of the provisions of this Ordinance shall be removed within one (1) year from the effective date hereof, or within one (1) year from the date when the project for the landscaping of a freeway or any section thereof shall have been completed or accepted, and the character of said sections shall have been changed from a freeway to a landscaped freeway, whichever is later.

3.

Exceptions. The provisions of this section shall not apply to any advertising structure or sign if the advertising, displayed thereon is used exclusively:

a.

To advertise the sale or lease of the property upon which such advertising display is placed.

b.

To designate the name of the owner or occupant of the premises upon which such advertising display is placed, or to identify such premises.

c.

To advertise goods manufactured or produced, or services rendered on the property upon which such advertising display is placed.

I.

Off-Site Directional Signs adjacent to roadways other than Interstate Highways and State Routes

1.

Purpose and Intent. The purpose of this section is to establish both a procedure for the review and approval of permit applications for off-site directional signs adjacent to roadways other than interstate

highways and state routes and specific development criteria for such outdoor signs to ensure that the erection of such signs in the City does not create visual clutter or create other operational impacts on surrounding uses, and to promote the public health, safety and general welfare. It is the intent of this section to promote the co-existence of such signs within the City, to coordinate the locations of such signs, and to regulate the number, type, size, and other physical characteristics of such signs in order to minimize the visual impact of such signs.

2.

Applicability. Notwithstanding any other provision of the Code, off-site directional signs, shall be allowed along certain roadway rights-of-way, on any size parcel, whether public or private property subject to subsection 3 below.

a.

Exceptions. The following signs are exempted from this section:

i.

Garage Sale Signs. Refer to Section 30-3.05(E)(4), of this Chapter.

ii.

Joint Use Signs. Refer to Section 30-3.05(C)(6), of this Chapter.

iii.

Official City or City-sponsored signs. Refer to Section 30-3.05(C)(3), of this Chapter.

iv.

Off-site Directional Signs identifying regional shopping centers. Refer to Section 30-4.04, of this Chapter.

v.

Off-site Public Information Signs. Refer to Section 30-3.05(C)(8), of this Chapter

vi.

Open House Directional Signs. Refer to Section 30-3.05(E)(6), of this Chapter.

vii.

Temporary Tract Advertising Signs, for subdivisions under construction in the City. Refer to Section 303.05(E)(8), of this Chapter.

3.

Review Required.

The operator of the off-site directional sign shall enter into a development agreement, lease agreement, contract, license or other accord ("City Agreement") with the City, whereby the operator provides performance, one time fee, or ongoing revenue provisions that allow the City to undertake projects, programs, or other activities for the benefit of the City that offset or mitigate the impacts of proposed directional signs.

2.

The approval of the off-site directional sign shall be regulated through a Site Development Permit pursuant to Section XI-10.57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. The Planning Commission shall make recommendations to the City Council, which shall have the final Site Development Permit approval authority, based upon the objective criteria set forth herein for off-site directional signs. Site Development Permit review shall ensure that the erection of off-site directional signs does not create visual clutter or other operational impacts on surrounding uses, with the intent of promoting co-existence of off-site directional signs and coordinating their locations, while regulating the type, location, size, number of such off-site directional signs in accordance with the criteria set forth in this Chapter.

4.

5.

Minimum Standards. All off-site directional signs permitted under this provision shall be subject to the following minimum standards and regulations:

a.

Maximum height. The height of any sign shall not exceed ten (10) feet.

b.

Location. Signs shall only be located in the City's right-of-way placed in accordance with the approved through the City Agreement.

c.

Maximum sign area. The maximum sign area shall not exceed twenty four (24) square feet.

d.

Design. All signs shall have a consistent design theme.

e.

The sign shall include the words "City of Milpitas" and/or City insignia.

6.

Required Findings. In order to grant a Site Development Permit for the proposed off-site directional signs, the Planning Commission and the City Council must determine that the following objective requirements have been met:

a.

That the proposed off site directional sign will not create a hazard to vehicular or pedestrian traffic, and measures have been taken to reduce potential impacts upon the existing visual character of the site and its surroundings.

b.

That the development of the off-site directional sign will result in a public benefit to the City outweighing any adverse impacts that might be caused by the outdoor advertising display.

c.

That the development of the off site sign will promote economic development within the City.

d.

The design, including lighting, scale, size and materials, of the off site directional sign is consistent with the intent of the design criteria of the off-site outdoor advertising display provisions.

e.

That the development and location of the proposed off site directional sign is consistent with the goals of the Milpitas General Plan.

(Ord. No. 38.788, § 7, 9/7/10)

XI-10-24.06 - Exempt Signs

A.

A Minor Site Development Permit shall not be required for the following types of signs:

1.

Bus shelter/transit signs. Signs installed in Santa Clara Valley Transit Authority or other transit authority bus shelters or facilities.

2.

Civic event signs. Civic and/or City sponsored events signs on City property.

3.

Traffic or other municipal signs, legal notices, railroad crossings signs, danger and emergency signs.

4.

Repainting or cleaning (or changing of the advertising copy thereon) of an advertising structure shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

5.

Memorial sign or tablets erected by recognized historical agencies, or names of buildings and date of erection when cut into masonry surface or when constructed of bronze or other incombustible letters and affixed flat against the wall of such building.

6.

Signs regulating on-premises traffic and parking when less than twelve (12) square feet in area.

7.

Window signs. Unless intended to be permanent.

8.

Signs used by public utilities for the safety, welfare or convenience of the public shall be exempt from the provisions of the Ordinance codified in this Chapter.

9.

Poles, structures or other housings intended for the purpose of flying or otherwise displaying of the United States flag, California State flag, City or County flag or flag of any similar public agency are exempt from the approval provisions of this section, except height of flag pole. The flags specified herein are exempt from all other permit requirements.

10.

House numbers, name plate or identification of house occupants [provided sign does not exceed two (2) square feet maximum area], mail box identification, street names, "no-trespass" signs, and other warning signs.

11.

Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers.

12.

Murals or other artistic paintings on walls, provided no logos, emblems or other similar devices, sign copy or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting.

13.

On-Site Temporary For Sale or Lease Signs, which shall:

a.

Not exceed a maximum area of thirty-two (32) square feet per sign face;

b.

Be limited to one (1) such sign. However, if the property has over one-hundred (100) feet of street frontage, a maximum of two (2) signs per parcel is allowed;

c.

Be constructed pursuant to an approved building permit if over six (6) feet in height;

d.

A sign over six (6) feet in height shall require approval of a Site Development Permit, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter;

e.

State that the property is for sale, lease or exchange by the owner or his or her agent and the name, address and phone number of the owner or agent and/or agency and directions;

f.

Be painted a light color;

g.

Be constructed of wood, plywood, metal or other rigid material;

h.

Not be placed on a private or public right-of-way;

i.

If advertising a tenant space, the sign shall be located on the tenant space;

j.

Not be allowed unless the property is on the market or there is a tenant space on the property that is vacant or will be vacated; and

k.

Be professionally constructed and well maintained.

14.

Information Sign. An Information Sign:

Shall provide courtesy information or direction to the public without advertising the business products or services such as hours, entrance, exit, self-serve, credit cards, restrooms, telephone drive-up;

b.

Or shall serve to direct motorist and pedestrians on private property;

c.

Shall not be larger than twelve (12) square feet in size; and

d.

Shall not be a traffic hazard.

15.

Signs regulating the use of enumerated public facilities as provided for in Chapter 18 of Title V of the Milpitas Municipal Code.

16.

Other signs similar to the above as deemed by the Planning Commission.

(Ord. No. 38.788, § 7, 9/7/10)

Section 39 - POS Park and Public Open Space District

XI-10-39.01 - Purpose

To provide for public open space and recreational uses in order to preserve environmentally sensitive areas and accommodate community service or recreational facilities.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.02 - Uses Permitted

The following are the principal permitted uses in a POS District:

39.02-1 Public parks and recreational facilities, with the exception of public community centers and public indoor sports centers.

39.02-2 Public trails. ¶

39.02-3 Public community gardens. ¶

The following are permitted as accessory uses in a POS District:

39.02-4 One mobile food vehicle, subject to approval of a minor site development permit pursuant to Subsection XI-10-57.03(B)(2) of this Chapter. See also Subsection XI-10-13.18.

39.02-5 Two or more mobile food vehicles operating together for a period of seven consecutive days or less, subject to approval of a special event permit pursuant to Section 15 of this Chapter. See also Subsection XI-10-13.18.

(Ord. No. 38.845, § 12, 6/21/22; Ord. 38.733, 1/6/98)

XI-10-39.03 - Conditional Uses

The following uses may also be permitted if their location is first approved by the Planning Commission, as provided for in Section 57, after considering a recommendation from the Parks, Recreation, and Cultural Resources Commission:

39.03-1 Public community centers and public indoor sports centers.

39.03-2 Day care centers.

39.03-3 Public utility facilities.

39.03-4 Radio or television transmitters.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.04 - Height Restrictions

No structures shall exceed either two and one-half (2 ½) stories or thirty (30) feet in height. This does not include light standards, public utility facilities, and radio or television transmitters.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.05 - Area, Lot Width and Yard Requirements

The following minimum requirements shall be observed:

39.05-1 Lot size: No requirement is established.

39.05-2 Lot width: No requirement is established.

39.05-3 Yards: The minimum front, side and rear yards in the POS district shall be equal to the respective front, side and rear yards required in the most restrictive abutting district; provided that no yard adjoining a street shall be less than twenty (20) feet, and that no side yard shall be less than ten (10) feet.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.06 - Off-Street Parking Requirements

There shall be provided off-street parking spaces for automobiles in accordance with the requirements of Section 53, except that neighborhood-serving parks, trails and open space areas are not required to provide parking unless required by the City Council.

(Ord. 38.733 (part), 1/6/98)

XI-10-39.07 - Amortization

Notwithstanding Section XI-10-56.08, every non-conforming use in a POS District shall be removed or otherwise brought into conformance within four (4) months of the effective date of this Chapter.

(Ord. 38.733 (part), 1/6/98)

Section 40 - Agricultural Zones and Standards[[16]]

Footnotes:

--- ( 16 ) ---

Editor's note— Ord. No. 38.789, § 23, adopted April 21, 2009, amended the Code by repealing former Section 40, XI-10-40.01—XI-10-40.09, and adding a new Section 40. Former Section 40 pertained to the A Agricultural District, and derived from Ord. 38, adopted March 15, 1955; Ord. 38.35, adopted July 18, 1963; Ord. 38.185, adopted August 5, 1969; Ord. 38.207, adopted November 17, 1970; Ord. 38.384, adopted October 26, 1976; Ord. 38.711, adopted August 20, 1996; Ord. 38.760, adopted September 17, 2002; and Ord. 38.761, adopted May 20, 2003.

XI-10-40.01 - Purpose and Intent

To preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provision of utilities, major streets, and other facilities so that compact, orderly development will occur. Change of zoning district from A to any other zoning district shall only be made in general accord with the General Plan.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.02 - Agricultural Use Regulations

A.

Permitted and Conditionally Permitted Uses.

1.

General Requirements. The uses identified in Table 40.02-1, Agricultural Zone Uses, shall be the primary uses allowed to occur on a property. The primary uses identified in Table 40.02-1 shall be permitted or conditionally permitted, as indicated:

P	Where the symbol "P" appears, the use shall be permitted.
P/C	Where the symbol "P/C" appears the use may be permitted unless located in an "A" District designated for future residential use in the General Plan, otherwise a
	Conditional Use Permit shall be required, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
---	---
C	Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
O	Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

2.

Accessory Uses. The following are the accessory uses permitted in all agricultural zoning districts:

a.

Living quarters of persons regularly employed on the premises; but not including labor camps and labor dwellings, accommodations, or areas for transient labor.

b.

Guest houses, not rented or otherwise conducted as a business.

c.

Home occupations and professional offices in the home.

d.

Offices incidental and necessary to the conduct of a permitted use.

e.

Private garages, parking areas and stables.

f.

Roadside stands not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises.

g.

Other accessory uses and buildings customarily appurtenant to a permitted use.

B.

Prohibited Uses. The following uses are prohibited:

Uses where the symbol "NP" appears within Table 40.02-1.

2.

Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter.

3.

Uses that have been excluded from Table 40.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

C. Table 40.02-1

Agricultural Zone Uses

Table 40.02-1 Agricultural Zone Uses	Table 40.02-1 Agricultural Zone Uses
Use		Agricultural Zone
Agricultural Uses
Agriculture and Farming		P/C
Commercial agricultural processing plant		C
Commercial animal feed sales		C
Guest ranches		P/C
Commercial Uses
Kennels		C
Public/Quasi Public and Institutional
Public and Quasi Public use		C
Child Care1
	Small and Large family child care home	C
	Child care center	C
Recreational Uses
Commercial recreation facilities (outdoor)2		C
Private recreation areas, uses and facilities (clubhouses)		C
Public parks and areas		P
Riding academies and Public stables		P/C

Residential Uses

Residential Uses	Residential Uses
Quarters, accommodations or areas for transient labor, such as labor camps	C
Ranch and farm dwellings3	P/C
Unclassifed Uses
Cemeteries	C
Commercial mines, quarries and gravel pits	C
Private airports and landing strips	C
Temporary tract signs4	C

Refer to Subsection 13.06, Large Family Child Care and Child Care Centers, of this Chapter for standards.
Refer to Subsection 40.02(D), Agricultural Special Uses
When ancillary to primary agricultural use.
No tract signs shall be permitted within 600 feet of a Santa Clara County expressway.

D.

Agricultural Special Uses

1.

Commercial recreational facilities including, but not limited to, outdoor theaters, golf driving ranges, commercial swimming pools (but not including such facilities in which the principal use is enclosed in a building, such as bowling alleys and skating rinks) may be allowed with the approval of a Conditional Use Permit.

Incidental to commercial recreation facilities, there may also be permitted hotels, restaurants, and similar commercial facilities when the same are located on a minimum twenty (20) acre site under single ownership, provided that the total floor area of all enclosed structures and roofed areas upon the total site shall not exceed forty thousand (40,000) square feet.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.03 - Agricultural Zone General Development Standards

The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective agricultural zone.

A.

General Requirements. Table 40.03-1, Agricultural Zone Development Standards, lists the site development standards required for agricultural development projects.

Exception: Conditionally permitted uses as indicated in Table 40.02-1, Agricultural Zone Uses, may deviate from the development standards through the Conditional Use Permit process.

Table 40.03-1

Agricultural Zone Development Standards

Standards	Agricultural
Lot Area, minimum (acres)	5
Lot Width, minimum (ft.)	300
Front yard setback, minimum (ft.)	50
Side yard setback (interior), minimum (ft.)	50
Street side yard setback, minimum (ft.)	50
Rear yard setback, minimum (ft.)	50
Other setbacks	Refer to Subsection 40.04, Agricultural Zone Special Development Standards.
Building height, maximum	2.5 stories or 30 feet
Parking	Refer to Section 53,Of-Street Parking Requirements, of this Chapter.
Lot Coverage	None

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.04, - Agricultural Zone Special Development Standards

The following additional conditions shall apply in an Agricultural District:

1.

Any building or enclosure in which animals or fowl, except domestic pets in household numbers, are contained shall be distant at least two hundred feet from any lot in any Residential, Mixed Use or Commercial District, or from any school or institution for human care.

2.

Site plan and architectural approval are required of all conditional uses.

The minimum lot area per dwelling unit shall be not less than two and one-half acres, except as herein specified for labor camps.

(Ord. No. 38.789, § 23, 4-21-09)

XI-10-40.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 33, 4/6/10; Ord. No. 38.789, § 23, 4/21/09)

Section 45 - "H" Hillside Combining District*

Prior ordinance history: Ord. 38, as amended by portions of Ords. 38.536, 38.633, 38.635 and 38.646.

XI-10-45.01 - Findings, Purpose and Intent

The City Council of the City of Milpitas finds and declares:

45.01-1 The hillsides which are a part of the City and within its urban planning area represent a unique scenic asset to the community and a part of the history and tradition of the community.

45.01-2 The inventory of open space and natural scenery in the City and County is rapidly diminishing.

45.01-3 The congestion of traffic, commerce, development and people may require a counterbalance of pleasant vistas bearing in mind preservation and conservation of the natural landscaping and open space while at the same time permitting orderly and regulated residential development.

45.01-4 Pleasant communities attract business, industry and people. They improve public morale and pride and encourage public support for safe, healthful and productive development.

45.01-5 Citizens have shown that they wish this community to be attractive as well as clean and safe and that they want to avoid hillside visual pollution. Therefore, it is necessary to create a special zoning district which insures an orderly and harmonious residential development that will minimize the amount of disturbance to the natural terrain.

45.01-6 If Milpitas is to avoid the hillside safety, ecological/environmental, and financial disasters which have occurred elsewhere in California, seismic risk, geologic hazards, fire protection, groundwater protection, flood prevention and erosion control require the regulation of hillside development as to density, construction practices, building sites and landscaping.

45.01-7 That all environmental concerns be included in hillside development (in order to take into account nationally recognized Pacific Flyway Habitat designations and not to disturb nesting areas or resting areas).

45.01-8 The purpose of the "H" Hillside Combining District is to promote and encourage the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular problems associated with development of hillside areas, including but not limited to geologic problems, slope, safe access and visibility.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.02 - Establishment and Designation

"H" Hillside Combining Districts shall be established only in conjunction with other districts. An "H" designation shall be required in areas designated in the adopted General Plan as "Hillside" and may be combined with "R1" Single-Family Residential District.

The provisions of this section shall apply in the "H" Hillside Combining District, in addition to those conditions specified for the basic zone classification. Where there is a conflict between these regulations and the regulations specified in the basic zone, the provisions in this section shall prevail.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.03 - Maximum Allowable Densities and Minimum Lot Sizes

The following requirements shall apply in the "H" Hillside Combining District:

45.03-1 The average land area per dwelling unit is determined by calculating the average slope of the parcel and then using this figure in the slope density equation to get minimum average land area per dwelling unit.

45.03-2 The slope density equation. If the parcel has an average slope of ten (10) percent or less, the average land area per dwelling unit shall be no less than ten (10) acres. If the parcel has an average slope of fifty (50) percent or more, the minimum average land area per dwelling unit shall be no less than eighty (80) acres. If the parcel has an average slope of ten (10) percent to fifty (50) percent, the average land area per dwelling unit shall be determined by the following equation:

a = 1 0.121875 - 0.0021875 S

Where: a is the average land area per dwelling; and S is the average slope of the lot in percent.

45.03-3 Average slope shall be based on existing contours as shown on aerial maps on file in the office of the City Engineer dated April 1964. Where slope cannot be directly determined by observation, the average slope will be determined by the formula:

S = 100 I L

Where: I is the contour interval in feet;

L is the combined length of the contour lines in scale feet; and A is the net area of the lot in square feet.

Exhibit "B" is an example of the use of this formula.

45.03-4 The maximum number of dwelling units permitted in a subdivision shall be determined by dividing the gross land area by the average land area per dwelling unit, computed to the third significant figure, and then rounded to the nearest whole number.

45.03-5 Reduction of Density. The City may require a reduction in the number of dwelling units below the maximum otherwise permitted under this Section if the City determines that such reduction is necessary or appropriate by reason of site restrictions or geologic hazards.

45.03-6 Further Subdivision Prohibited. Upon recordation of a final subdivision or parcel map covering any site zoned "R1-H," no lots or parcels shown on such map may be thereafter further subdivided so as to increase the total density permitted under this Section for the entire subdivision or parcel depicted on the final map.

45.03-7 Exempted Lots. Any lot shown as a unit on a recorded subdivision or land division, or any lot otherwise legally created, is exempt from the density requirements set forth in this Section provided such lot was created prior to the effective date of the ordinance codified in this chapter. Any lot so exempted will not lose its exempt status if either of the following events takes place subsequent to the effective date of the ordinance codified in this chapter:

(a)

A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the original square footage of the lot; or

(b)

The lot is enlarged by the addition of land from any adjoining parcel.

Under no circumstances shall the number of dwelling units be greater than the number permitted prior to any modification for lot line adjustment.

45.03-8 Density Exception. Notwithstanding the density provisions of the "H" District set forth in Section XI-10-45.03, a commercial development which was approved prior to the October 15, 1992 effective date of the ordinance codified in this section may, upon site and architectural approval, pursuant to Section XI10-45.03, be replaced with one less intensive single-family residential dwelling that complies with all other conditions of Section 45 and all other relevant provisions of the Municipal Code.

(Ord. 38.732, 10/7/97; Ord. 38.672 (part), 9/15/92)

XI-10-45.04 - Height Regulations

45.04-1 Under no circumstances shall any main building on the west side of the crestline exceed a height of seventeen (17) feet and one (1) story (excluding basements) from the lowest finished grade to the highest ridgeline of the building.

45.04-2 Under no circumstances shall any main building on the east side of the crestline exceed a height of twenty-seven (27) feet and two (2) stories from the lowest finished grade to the highest ridgeline of the

building.

45.04-3 Accessory structure(s) shall not exceed seventeen (17) feet and one (1) story from the lowest finished grade to the highest ridgeline of the building anywhere in the hillside.

(Ord. 38.672 (part), 9/15/92)

==> picture [456 x 587] intentionally omitted <==

==> picture [456 x 597] intentionally omitted <==

XI-10-45.05 - Yard Requirements

For lands in the R1 residential zoning district, the following requirements shall apply:

45.05-1 All dwellings shall have a minimum side yard of forty (40) feet.

45.05-2 Minimum front yard setbacks shall be twenty-five (25) feet when the average slope of the lot is less than sixteen (16) percent, or when the front yard slope does not exceed sixteen (16) percent; otherwise, the minimum front yard setback shall be forty (40) feet.

45.05-3 The minimum rear yard setback for the principal dwelling shall be forty (40) feet.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.06 - Crestline Zone of Protection

45.06-1 The purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor.

45.06-2 The crestline zone of protection is defined as the area westerly of the perceived crestline and between the perceived crestline and an elevation one hundred (100) feet below. In the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline site line.

45.06-3 The perceived crestline is the crestline identified when viewed from the three (3) closest viewpoints of those nine (9) shown on the zoning map and designated as "VP."

45.06-4 The land within the crestline zone of protection shall remain in a natural condition and structures, grading and non-native plant materials are prohibited. All fences constructed within the crestline zone of protection shall be subject to review and approval by the Planning Commission.

45.06-5 In demonstrating compliance with the crestline zone of protection, an applicant shall submit crosssections from each of the three (3) closest viewpoints from their site. Each cross-section shall include the viewpoint, any proposed structure(s) on the applicant's site, the perceived crestline, and the lower edge of the zone of protection. Each cross-section shall be drawn commencing from the closest viewpoint with lines projecting through the highest point of any and all structures. No structure may visually intrude into the "crestline zone of protection" area. Exception may be granted where development would not be visible from the three (3) closest viewpoints.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.07 - Special Provisions for PUD's in Hillside

45.07-1 When land in Hillside is to be subdivided and is also approved as a PUD, the following rules shall apply in addition to those specified elsewhere in this chapter for PUD's.

45.07-2 There shall be no minimum lot size requirements for PUD's. Clustering of development for PUD's is encouraged and shall be located on not more than ten (10) percent of the total lot area that exists prior to any subdivision.

45.07-3 Land included in a PUD but not included in lots shall be held in common and shall be encumbered with an open space easement in favor of the City unless such common ownership and easement would be inconsistent with approved uses such as public streets or public utilities.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.08 - Open Space Easements

45.08-1 In any subdivision which is not approved as a PUD, at least fifty (50) percent of the gross area within the subdivision shall be encumbered with an open space easement in favor of the City. Side yard and front yard setback areas will not be allowed to be a part of nor encroach on the open space easement. Said easement shall be identified at the time of submittal of the tentative map.

45.08-2 Reconfiguration of the open space easement may be granted, at a public hearing, by the City Council provided that the area (net acreage) is not decreased.

45.08-3 No open space easement dedicated to the City within the "H" Hillside Combining District shall be abandoned by resolution of the City Council without a majority of those voting on the matter in a City election approving of such abandonment. The election shall be held at one (1) of the regularly scheduled election dates for general law cities.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.09 - Site and Architectural Approval

45.09-1 Purpose. It is the policy of the City to review the proposed construction or expansion of singlefamily dwellings and certain accessory structures under circumstances where such structures might constitute an invasion of privacy, unreasonable interference with views, light and air, and create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this Section is to establish standards and procedures to be followed with respect to the design review of single-family dwellings and certain accessory structures to ensure that new development occurs in a manner which is consistent with the objectives of this Chapter and the policies of the General Plan.

45.09-2 Applicability-Requirement for Site and Architectural Review. In each of the following cases, no building permit shall be issued for the construction or expansion of a single-family structure or accessory structure in any "H" District, until such structure has received a site and architectural review approval by the Planning Commission and City Council pursuant to this Section:

(a)

Prior to any grading;

(b)

Prior to construction of any new structure; or

(c)

Prior to any modification that requires a building permit, any interior alteration, or any alteration or conversion where such alteration or conversion does not result in any exterior modifications to the existing structure beyond the installation of skylights in the roof, installation of new windows or doors, fireplaces or chimneys, or any other minor alteration which in the opinion of the Community Development Manager meets the intent of this Subsection.

45.09-3 Application Requirements-Public Hearing. Site plan and building elevations, which portray as accurately as possible the ultimate development of the lot, shall be submitted to the City. The plans shall include all structures, grading, landscaping, colors and materials.

45.09-4 The applicant shall in addition propose a "building envelope" within which all development other than specified minor improvements such as fences (permitted by Section XI-10-45.13, Fences) and driveways shall be located.

45.09-5 A public hearing on the site and architectural review application shall be required at the planning commission level only. The review before the city council shall not be a public hearing. Provided, however, that any modifications or addition onto an existing structure, on parcels twenty thousand (20,000) square feet or less, shall not require a review by either the Planning Commission or City Council but said modifications or addition must comply with the site and architectural guidelines contained in this Section.

45.09-6 Application Materials. Application for site and architectural review ("S" Zone Approval) shall be made, with the Community Development Department, on a form prescribed for this purpose.

The application shall include the following exhibits such as, but not limited to:

Site plan

Building envelope and open space plan

Existing topographic plan

Architectural plan(s)

Roof plan

Floor plan(s)

Line of sight-view restriction/obstruction analysis

Landscape plan

Crestline zone of protection plan, where appropriate

Grading plan

The application shall be accompanied by the payment of a processing fee(s), in such amount(s) as established by the City Council.

45.09-7 Site and Architectural Guidelines. The Planning Commission and City Council shall consider the following guidelines in its review process:

(a)

Avoid Unreasonable Interference with Views and Privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of residential structures on adjacent lots, will avoid unreasonable interference with views and privacy.

(b)

Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal.

(c)

Minimize Perception of Excessive Bulk. The design of the proposed main and/or accessory structure(s) in relation to the immediate neighborhood should minimize the perception of excessive bulk.

(d)

Impairment of Light and Air. The proposed main or accessory structure(s) shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy.

(e)

Grading. All grading shall be kept to an absolute minimum and shall comply with the grading ordinance criteria.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.10 - Slope Planting

The face of all cut-and-fill slopes may be required to be planted and maintained with a ground cover as recommended by the geotechnical report in order to protect the slopes against erosion as soon as practical and prior to the final approval of the grading. This plant material shall be shown on the landscape plan.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.11 - Residential Driveways and Parking

45.11-1 Privately owned and maintained access from the public road to each single-family dwelling shall be a minimum of fourteen (14) feet in width. Turning radius shall be designed to meet the Fire Department's requirements.

45.11-2 Turnout space shall be provided on driveways over one hundred fifty (150) feet in length with a maximum spacing of one hundred fifty (150) feet if driveway is less than eighteen (18) feet wide.

45.11-3 Turnaround. All dwelling units shall provide an on-site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet Fire Department's requirements.

45.11-4 Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.

45.11-5 There shall be provided at the time of erection of any dwelling at least two (2) permanently maintained parking spaces on the same lot with the dwelling, for each dwelling unit. Said parking spaces shall be not less than ten (10) feet wide and twenty (20) feet long with adequate provisions for ingress and egress.

45.11-6 Private parking may be required to be located to the rear of the front setback line. Criteria used to determine need for parking to be located behind the front setback line shall be based on providing safe access which is harmonious with adjacent natural land slope, and structures existing and proposed.

45.11-7 The design of the driveway and parking areas shall consist of an all-weather surface conforming to Section II-13-18, Paving Standards, and Section XI-10-54.03, Improvement of: Parking Areas, Auto Sales Areas and Loading Areas, of this Code.

45.11-8 The Planning Commission and City Council may grant exceptions to the above requirements pursuant to the guidelines set forth in Subsection 45.09-7, Site and Architectural Guidelines, of this Section.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.12 - Non-Residential Off-Street Parking

Off-street parking shall be provided on-site for all nonresidential uses. The number and design of parking spaces shall be in accordance with Section XI-10-53, Off-Street Parking Regulations, and Section XI-1054.03, Improvement of: Parking Areas, Auto Sales Areas and Loading Areas.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.13 - Fencing

Fencing on hillside lots shall be minimized and shall be of an open variety, except fencing around the immediate vicinity of each house. Fencing criteria will be found in Section XI-10-54.11, Fences.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.14 - Recreation Courts

45.14-1 Grading for tennis courts and other recreation courts shall not exceed six (6) feet of fill or twelve (12) feet of cut and fill. A site development application for a tennis or other recreation court which proposes grading in excess of the limits of this Chapter may be approved by the City upon finding that the excess cut or fill:

(a)

Will not result in slopes prone to landslides or soil creep;

(b)

Can be landscaped and/or contours rounded to render the cut or fill inconspicuous when viewed from off the site; and

(c)

Can be properly drained according to methods approved by the Building Division.

45.14-2 Screening. Recreation courts shall be landscaped and screened so as to be unobtrusive from offsite. The structure will not be permitted unless this screening can be accomplished without interfering with the function of the structure.

45.14-3 Color. All surface and retaining walls shall be colored in natural tones and screened as appropriate so that the court is not conspicuous when viewed from off-site.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.15 - Outdoor Lighting.

45.15-1 Tennis—Recreation Courts. No artificial lighting shall be permitted for tennis and other recreation courts.

45.15-2 Swimming Pools and Spas. Artificial lighting of swimming pools and spas shall be permitted only under the following conditions:

(a)

Light(s) are placed beneath the surface of water in the pool or spa to illuminate the water;

(b)

Other exterior lights used to illuminate the surrounding area;

(c)

Light(s) use the minimum wattage which will safely illuminate the area;

(d)

No direct light is cast beyond the immediate area of the pool or spa; and

(e)

No light sources are directly visible from off the site.

45.15-3 Outdoor Lighting-General. Outdoor lighting should use the minimum wattage lights which will safely illuminate the area. Outdoor light sources shall be shielded so as not to be directly visible from offsite. This section does not pertain to motion-induced/activated or motion-sensor security-type lights.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.16 - Underfloor Clearance

All new single-family main structures and accessory buildings, or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground-floor levels and finish grade to not more than five (5) feet. This underfloor clearance shall not be enclosed. The Planning Commission and City Council may grant exceptions to this requirement pursuant to the guidelines set forth in Subsection 45.09-7 of this Section.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.17 - Maximum Size of Residence, Accessory Structures, and Impervious Surface Coverage

45.17-1 Purpose and Intent. The purpose and intent of limiting the amount of impervious surface coverage allows for the site and area to remain in its natural setting, as much as possible, without incorporating unnatural man-made features. Impervious surfaces also increase stormwater runoff, which is to be considered in the design of drainage systems.

45.17-2 Definition. "Impervious surfaces" are meant to include surfaces that will not allow or will greatly reduce the penetration of water into the ground. Impervious surfaces include the following: concrete, asphalt, bricks, paving stones, swimming pools, "turf stones," plastic sheeting, compacted gravel and rock areas, and similar surfaces. Impervious surfaces shall also include any and/or accessory structures located on a specific site.

meant to include surfaces that will not allow or will greatly reduce the penetration of water into the ground. Impervious surfaces include the following: concrete, asphalt, bricks, paving stones, swimming pools, "turf stones," plastic sheeting, compacted gravel and rock areas, and similar surfaces. Impervious surfaces shall also include any and/or accessory structures located on a specific site.

45.17-3 On parcels less than three (3) acres, the amount of impervious surface on the site is limited to eight thousand (8,000) square feet or ten (10) percent of the total lot area, whichever is greater (including the building footprint). The maximum size of the main residence shall not exceed six thousand (6,000) square feet.

45.17-4 On parcels three (3) acres or greater, the amount of impervious surface on the site is limited to ten (10) percent of the total lot area (including the building footprint). Under no circumstances shall the impervious surface coverage exceed thirty thousand (30,000) square feet. The maximum size of the main residence shall not exceed ten thousand (10,000) square feet.

45.17-5 The maximum size of an accessory structure shall not exceed one thousand two hundred (1,200) square feet.

(Ord. 38.672 (part), 9/15/92)

XI-10-45.18 - Grading Requirements

45.18-1 Purpose and Intent. The intent of this Section is to regulate use, development and alteration of land in hill areas so that essential natural characteristics such as land form, vegetation and wildlife communities, scenic qualities, and open space can substantially be maintained; to preserve unique and significant geologic, biologic and hydrologic features of public value; to encourage alternative approaches to conventional hillside construction practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas such as slope land form, vegetation and scenic quality. It is further the intent of this Chapter to protect predominant views of and from hill areas in order to maintain the identity, image and environmental quality of the City; and to achieve land use densities that are in keeping with the General Plan.

45.18-2 Definition. "Grading" means an excavation or fill, or the stockpiling or any combination thereof, or the conditions resulting from any excavation or fill. All grading quantities shall be measured in their compacted state.

45.18-3 Design Standards and Requirements.

(a)

Grading will "blend" in with the natural land forms and native vegetation to the maximum extent feasible.

(b)

No grading cut or embankment with a slope greater than three (3) feet horizontal to one (1) foot vertical shall be located adjacent to a publicly maintained right-of-way. The applicant shall provide suitable guarantees, satisfactory to the Planning Commission, for landscaping and perpetual maintenance, at no cost to the City, of all slopes greater than fifteen (15) feet in total elevation.

(c)

Within six (6) months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager.

(d)

Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil and ecologic characteristics of the region. Plant materials that require excessive water after becoming established should be avoided. (Refer to illustrations.)

(e)

Trees which have a six (6) inch or greater diameter trunk size at a point three (3) feet above grade should not be removed. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an "S" Zone application approval, shall have the power to authorize removal, relocation or replacement if the applicant can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this Section shall be at a five to one (5:1) ratio.

(f)

The overall shape, height, grade or any cut-or-fill slopes shall be developed in concert with existing natural contours and scale of the natural terrain of a particular site. (Refer to illustrations.)

(g)

Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (Refer to illustrations.)

(h)

Where any cut-or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended with the natural contours so as to present a natural slope appearance. (Refer to illustrations.)

(i)

Provide sites which fit into the terrain and allow for minimal amount of grading. Grading of any area of a site with a natural slope greater than forty (40) percent shall be prohibited.

(j)

Stepped building foundations shall be required to minimize grading on building pads. (Refer to illustrations.)

(k)

Streets shall be designed to generally follow the natural contours and land form in order to minimize cut and fill. Exposed walls and fences facing roadways and retaining walls shall be no greater than six (6) feet in height. Crib walls fencing roadways shall be no greater than fifteen (15) feet in height. (Refer to illustrations.)

(l)

Structures shall be designed to fit with the contours of the hillside and relate to overall form of the terrain. Structures shall be designed to fit into the hillside rather than altering the hillside to fit the structure. (Refer to illustrations.)

45.18-4 Development Plan Review Procedures. To further the specific purposes of this chapter, the following procedures are established:

(a)

Development Plan With Grading Under Five Hundred (500) Cubic Yards. Where the aggregate volume of grading on any site or contiguous group of sites is under five hundred (500) cubic yards, the Community Development Manager shall review the proposed Grading Plan. If the plan is found to be in conformance with the provisions of this chapter, the Grading Plan shall be approved. In approving the plan, such conditions as are reasonably necessary to ensure compliance with the objectives of the chapter may be imposed.

(b)

Development Plan With Grading in Excess of Five Hundred (500) Cubic Yards. Where the aggregate volume of grading exceeds five hundred (500) cubic yards but is under one thousand five hundred (1,500) cubic yards, the Planning Commission shall review the proposed Grading Plan. If the plan is found to be in conformance with the provisions of the chapter, the Grading Plan shall be approved. In approving the plan, such conditions as are reasonably necessary to ensure compliance with the objectives of this chapter may be imposed. On receipt of the recommendations of the Planning staff, the Planning Commission shall approve or deny the application.

(c)

Development Plan With Grading in Excess of One Thousand Five Hundred (1,500) Cubic Yards. Where the aggregate volume of grading exceeds one thousand five hundred (1,500) cubic yards, the Planning Commission shall review the proposed Grading Plan and recommend approval or denial to the City Council. If approval is recommended, such conditions as are reasonably necessary to secure substantially the objective of this chapter may be included. On receipt of the recommendations of the Planning Commission, the City Council shall approve or deny the application.

45.18-5 Grading Plan Requirements. Wherever proposed grading in the hillsides exceeds five hundred (500) cubic yards, the applicant shall submit grading plans prepared by a licensed Civil Engineer. Said grading plans shall include, but not be limited to, the following:

(a)

Property lines and accurate contours of existing and proposed elevations;

(b)

Cross-sections taken through at least two (2) planes normal to each other. Horizontal and vertical depictions shall be made in the same scale;

(c)

Quantities of fill and excavating proposed in cubic yards;

(d)

Location of all existing and proposed structures; and

(e)

Location of existing trees which have a six (6) inch or greater trunk diameter at a point three (3) feet above grade, and details of the measures proposed to conserve such trees.

(Ord. 38.672 (part), 9/15/92)

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Section 53 - Off-Street Parking Regulations[[22]]

Footnotes:

--- ( 22 ) ---

Editor's note— Ord. No. 38.785, § 7, adopted April 7, 2009, amended the Code by repealing former Section 53, §§ XI-10-53.01—XI-10-53.23, and adding a new Section 53. Former Section 53 pertained to similar subject matter, and derived from Ord. 38, adopted March 15, 1955; Ord. 38.384, adopted October 26, 1976; Ord. 38.530, adopted July 21, 1981; Ord. 38.546, adopted May, 1982; Ord. 38.665, adopted October 29, 1991; Ord. 38.675, October 20, 1992; Ord. 38.702, adopted August 15, 1995; Ord. 38.708, adopted August 6, 1996; Ord. 38.716, adopted September 15, 1998; Ord. 38.759, adopted April 2, 2002; Ord. 38.760, adopted September 17, 2002; Ord. 38.761, adopted May 20, 2003; Ord. 38.763, adopted April 20, 2004; and Ord. 38.776, adopted March 18, 2008.

XI-10-53.01 - Purpose and Intent

The following off-street parking requirements are regulations which are established in order to achieve, among others, the following purposes:

1.

To establish minimum requirements for the off-street parking of motor vehicles in accordance with the use established on the property;

2.

To relieve congestion on streets, and to provide more fully for movement of traffic, maneuvering of emergency vehicles or street maintenance equipment;

3.

To protect neighborhoods from vehicular traffic congestion generated by the adjacent nonresidential uses of land; and

4.

To promote the general welfare and convenience and prosperity of residential, commercial and manufacturing developments which depend upon the availability of off-street parking facilities.

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.785, § 7, 4-7-09)

XI-10-53.03 - Applicability

Off-street parking spaces shall be provided in accordance with the schedule in Table 53.09-3, Number of Parking Spaces Required, of this Section and improved as per Section 54.03 as a condition precedent to the occupancy of an institutional, commercial or manufacturing use and in conformance with other provisions of this Chapter:

1.

Whenever a building is constructed; or

Whenever an existing building or use is altered, resulting in an increase in floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities; or

3.

Whenever the use of an existing building is changed to a use requiring fifty percent (50%) or more off-street parking spaces, as determined by the provisions of Table 53.09-3, Number of Parking Spaces Required, of this Section.

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.785, § 7, 4-7-09)

XI-10-53.05 - Maintenance of Off-Street Parking

A.

Continuation of Off-Street Parking. All off-street parking spaces shall continue unobstructed in operation, shall not be used for vehicle repair work of any kind unless within a building, and shall not be reduced below the required size as long as the primary use remains, unless an equivalent number of spaces is provided for said use in another approved location. This does not apply to those parking spaces which are established on a voluntary basis which are in excess of the requirements of this Chapter.

B.

Temporary Sales, Storage and Advertising. The sale or storage of merchandise in permissive parking areas may be allowed by the Zoning Administrator through the approval of a Minor Site Development Permit and subject to such reasonable conditions as may be deemed necessary by the Planning Commission to ensure adequate parking, access and circulation.

In no event shall any off-street parking space (permissive or otherwise) or lot be used for the stopping, standing or parking of any vehicle(s) for either the purpose of selling such vehicle (excluding an approved car sales lot), or advertising any other property, services or products on said vehicle.

C.

Maintenance. All parking areas shall be kept clean and free of dirt, oil, mud or trash; pavement and striping shall be maintained in a continuous state of good repair.

D.

Acknowledgment of Parking Spaces in Residential Projects. For new residential tract, multi-family or condominium projects, the amount and type of parking available to each dwelling unit shall be clearly stated within the CC&Rs in large font and bold lettering to the approval of the City Attorney or designee.

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.834, § 8, 8/20/19; Ord. No. 38.785, § 7, 4-7-09)

XI-10-53.07 - Types of Parking Allowed

A.

Standard Parking Spaces. The number of parking spaces required for various land uses shall be as required in Table 53.09-3, Number of Parking Spaces Required. Parking spaces shall be designed as required in Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Chapter.

B.

Compact Parking Spaces. For parking areas and garages containing ten (10) or more stalls serving the following uses in Subsection 53.07(B)(1), up to forty percent (40%) of the required and non-required stalls may be designed as compact stalls to accommodate compact cars.

1.

Applicable uses.

a.

Commercial uses (CO, C1, C2, HS, TC zones).

i.

Standards. Compact stalls shall be dispersed throughout the parking lot.

Industrial uses.

i.

Research and Development (R and D) facilities.

ii.

Manufacturing facilities.

iii.

Warehouse/distribution facilities.

iv.

Other industrial uses deemed appropriate by the Planning Commission.

Multi-Family Residential uses.

i.

Projects within R3, R4, and R5 zones.

Design Standards. See Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Section.

C.

Disabled Accessible Parking Spaces. Parking spaces for the disabled shall comply in all respects with the requirements of the California Code of Regulations (State Building Code) or Federal law, where such prevails over State law.

D.

Tandem Parking Spaces.

1.

Applicability. Tandem parking may be allowed with the approval of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.

2.

Standards.

Maximum allowed.

i.

A maximum of seventy-five percent (75%) of parking required for residential uses may be tandem parking in projects with open structured parking facilities (e.g. single level or multi-level parking structures).

ii.

A maximum of fifty percent (50%) of parking required for residential uses may be tandem parking in projects with private individual garages.

b.

Tandem parking spaces shall be a maximum of two (2) parking spaces deep.

c.

When tandem parking spaces are used in private garages or other parking facilities with more than two (2) parking spaces, they shall be assigned and marked for resident use.

E.

Bicycle or Motorcycle Parking Spaces. The number of parking spaces required for various land uses shall be as required in Table 53.09-3, Number of Parking Spaces Required. Parking spaces shall be designed as required in Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Chapter.

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.785, § 7, 4-7-09)

XI-10-53.09 - Off-Street Parking Required by Land Use

A.

Enforcement and Interpretation of Parking Requirements.

1.

Number of Off-Street Parking Spaces Required. The number of off-street parking spaces required for the land uses identified in the Permitted and Conditional Use Tables of this Chapter are listed in Table 53.09-3, Number of Parking Spaces Required, except where parking requirements are established in Section 13, Special Uses, of this Chapter, or exceptions to these requirements are granted in accordance with this Section.

2.

Uses not specified. In the case of a use not specifically mentioned in Table 53.09-3, Number of Parking Spaces Required, or elsewhere in this Chapter, the requirements for off-street parking facilities shall be determined by the Planning Commission through the Interpretation process, in accordance with Section 61, Interpretation, of this Chapter, based on uses which create similar demands for off-street parking spaces. The Planning Commission may draw upon the experience of other local cities to make their decision.

3.

New Buildings Without Tenants. If the type of tenants that will occupy a nonresidential building, or the nonresidential portion of a mixed-use building, is not known at the time the new building is being proposed, the number of parking spaces required for the nonresidential uses will be determined through the discretionary review process.

4.

Mixed occupancies and uses. When two or more uses are located in the same lot or parcel of land or within the same building, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses computed separately in accordance with the provisions of this Section and Section 13, Special Uses, when applicable.

Exception: For alternative parking computation in accordance with Subsection 53.11, Shared Parking, of this Chapter.

5.

Measurement Standards and Definitions. For the purpose of determining off-street parking requirements, the following definitions and standards shall apply:

a.

Gross Floor Area: The total of all the floors measured from the interior faces of the building, and outdoor areas used for retail purposes.

b.

Net Floor Area (NFA): Net Floor Area shall mean the Gross Floor Areas less twenty percent (20%).

c.

Seat: The number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews, or space for loose chairs. For places of meeting or assembly that do not include fixed seating, seven (7) square feet shall equal one (1) seat.

d.

Employees/students: The maximum number of employees/students on the principal shift or period.

e.

Fractional Measurements: When units or measurements determining the number of required off-street parking spaces result in a requirement of fractional space, any fraction up to and including (.49) shall be rounded down to the nearest whole number and fractions including and over (.50) shall be rounded up to the nearest whole number. For example, 7.41 would be rounded to 7 and 7.61 would be rounded to 8.

6.

More than One Parking Ratio. Where more than one (1) parking ratio is shown for a particular use, the required number of spaces shall be the total of all ratios shown. For example, the parking requirement for hotel is "1 per unit, 2 for the manager's unit." The total parking requirement for a hotel is the sum of the required parking for the units and two (2) spaces for the manager's unit.

B.

Permissive Parking Facilities. Nothing in this Section shall prevent the voluntary establishment of off-street parking facilities in excess of the requirements of this Section to serve any existing use of land or buildings, provided that all regulations herein governing the location, size and access design, improvement and operation of such facilities are adhered to.

C.

Number of Parking Spaces Required. The number of off-street parking spaces required for various land uses shall be as listed in Table 53.09-3, Number of Parking Spaces Required, except for those listed specifically elsewhere in this Chapter. Unless otherwise indicated, the parking requirements are for square feet of gross floor area occupied by the use and, in the case of nonresidential uses, include the parking required for customers and employees.

Exceptions:

1.

Where a portion of a structure is used for automobile parking, that portion shall not be counted in calculating the required parking for the structure. If parking is eliminated and the space is occupied by another use, parking shall be required for the use as indicated for the use in this Chapter.

Metro Specific Plan Area. Off-street parking requirements and bicycle parking requirements for all uses in the Metro Specific Plan area are as follows:

Table 53.09-1

Vehicle Parking Requirements in the Metro Zones

Use	Minimum	Maximum1
Residential and lodging uses	None	1.5 spaces per unit
Industrial uses	None	2 spaces per 1,000 square feet
All other non-residential uses	None	1 space per 1,000 square feet

1 Valet, tandem spaces, and mechanical lift stalls are counted as individual spaces.

Table 53.09-2

Bicycle Parking Requirements in the Metro Zones

Use	Minimum, Long-Term Spaces	Minimum, Short-Term Spaces
Multi-family residential uses	0.5 spaces per bedroom	0.1 spaces per bedroom
Retail uses	1 space per 10,000 square feet	1 space per 5,000 square feet
Ofces, Business and Professional	1.5 spaces per 10,000 square feet	1 space per 20,000 square feet
All other uses	None	None

Table 53.09-3

Number of Parking Spaces Required

Use	Minimum Parking Spaces Required
A. Commercial Uses
Business Support Services	1 per 350 sq. ft.
Furniture and appliance stores and other bulky item retail; Furniture Repair and Reupholstery	1 per 350 sq. ft.
Retail, Grocery and Convenience uses; Check Cashing	1 per 200 sq. ft.
Mortuary, funeral parlor	1 per 4 seats and 1 per employee
Personal Services	1 per 200 sq. ft.
Plant nursery	1 per 200 sq. ft.
---	---
Repair and Cleaning, Small Items	1 per 200 sq. ft.
B. Entertainment and Recreation
Arcade and amusement	1 per 200 sq. ft.
Billiards	1 per 200 sq. ft.
Bowling Alleys including incidental accessory uses (eating and drinking, billiards, etc.)	6 per alley or lane
Clubs and Lodges	1 per 200 sq. ft.
Commercial Athletic Facility (indoor)	1 per 150 sq. ft.
With outdoor or indoor sports courts
Small courts (tennis, badminton)	2 per court plus required parking for other uses on site.
Large courts (basketball, volleyball)	5 per court plus required parking for other uses on site.
Golf Course	6 per hole plus parking for ancillary uses
Miniature Golf	1.25 per tee, plus 1 per employee
Motion Picture Theater (indoor)	1 per 3.5 seats
Nightclub	1 per 30 sq. ft.
C. Health and Veterinarian Uses
Convalescent Homes	1 per 2 beds or 1 per 1,000 sq. ft, whichever is greater
Hospital	1 per bed or 1 per 220 sq. ft., whichever is greater
Kennel, indoor	1 per 1,000
Massage Establishments	Two per treatment room or if no treatment room, one per 2 chairs or 2 tables
Medical and dental Clinic and Ofce	1 per 225 sq. ft.
Veterinary Clinic and Animal Grooming	1 per 250 sq. ft.
D. Industrial Uses
Custom and artisan manufacturing, Contractor's shop	1 per 500 sq. ft
Data Centers Manufacturing Processing/Plant (Dry-cleaning plant, photo	1 per 1,500 sq. ft.
fnishing/printing, etc.) Warehousing and Distribution
---	---
Mini Storage	1 per 5,000 sq. ft., plus 1 per resident manager
Parcel hub	1 per 2,000 sq ft plus 1 truck parking space for each delivery vehicle on-site during the peak time. The requirement for delivery truck parking is not intended to accommodate semi trucks delivering products to the site.
Wholesale Sales	1 per 500 sq. ft.
Research and Development Medical Laboratories Soils and Materials Testing Laboratories High employee demand uses	1 per 300 sq. ft.
Ofce space within an industrial building (to be combined with categories above)	1 per 350 sq. ft.
E. Lodging
Extended Stay Hotels	0.7 per guest room or unit5
Hotels	0.7 per guest room5
Motels	0.7 per guest room5
F. Professional Ofces, Financial Institutions and Related Uses
Automated Teller Machine (free standing)	2 per machine
Financial institutions (banks, savings and loans, etc.)	1 per 180 sq. ft.
Ofces, business and professional	1 per 240 sq. ft.
G. Public, Quasi-Public and Assembly Uses
Adult Day Care	1 per 500 sq. ft.
Auditoriums and theaters and places of meeting and assembly	1 per 4 seats
Child Care Uses2, 3:
Day Care School	1 per classroom or 1 per 500 sq. ft., whichever is greater.
Small family child care home	Same as required for underlying residential use
Large Family Child Care Home and Child Care Centers	1 per 1.5 employees
Community Center	1 per 4 fxed seats, or 1 per 6 linear feet of seating, plus 1 per 200 square feet of area without seating but designed for meeting or assembly by guests, plus 1 per 500 sq. ft. of outdoor area developed for recreational purposes
---	---
Community Garden	Determined by Planning Director
Museums	1 per 400 sq. ft.
Public Utilities	1 per 400 sq. ft.
Religious Institutions	1 per 5 seats in the main area of assembly plus parking for classrooms and ofces in this table. Where there are no seats, then 1 seat equals 7 sq. ft.
Educational Institutions:
School-elementary (K-8 Private)	1 per classroom, plus 1 per 240 sq. ft. of ofce
School-secondary (9-12 Private)	1 per classroom, plus 1 per 240 sq. ft. of ofce, plus 1 per 5 students
Vocational School, including business, professional, technical and trade	1 per 200 sq. ft.
Instructional Studios (Dance, Yoga)	1 per 150 sq. ft.
Private instruction, personal enrichment (tutoring)	1 per instructional area or classroom, whichever is greater. No fewer than 3 spaces.
Stadiums and arenas	1 per 4 seats
H. Restaurants or Food Service
Banquet facilities	See restaurants below
Bars, Drinking Establishments	1 per 30 sq. ft.
Catering and Commissary	1 per 300 sq. ft. foor area
Drive thru	See "Vehicle Related Uses" section.
Restaurants:
Sit down:
Indoor and outdoor:	1 per 39 square feet of dining area.
Take out:	1 per 2.5 seats (indoor/outdoor) plus 1 per 60 sq. ft. GFA for the ordering or take out area.
Mobile food parks	1 per 2.5 seats provide for on-site dining, plus 1 per 60 sq. ft. of lot area dedicated to mobile food vending.

---	---
I. Residential Uses
Single Family and Duplexes:
3 bedrooms or fewer	2 per unit4
4 or more bedrooms	3 per unit, plus 1 per each additional bedroom4
Multi-Family (R3—R5 zones):
Studio	1 covered per unit
1 bedroom	1.5 covered per unit
2—3 bedrooms	2 covered per unit
4 or more bedrooms	3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures	15% of the total required, may be uncovered
Projects with Private garages	20% of the total required, may be uncovered
Bicycle parking	5% of the total required
Boarding houses, dormitories, sororities and fraternities, group living accommodations	1 per each room rented
Live-Work Units	Single family and duplexes parking requirements shall apply, plus 1.5 for the commercial component
Mixed Use buildings or sites
Residential use
Studio	1 covered per unit
1 bedroom	1.5 covered per unit

Use	Minimum Parking Spaces Required
2—3 bedrooms	2 covered per unit
4 or more bedrooms	3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures	15% of the total required, may be uncovered
Projects with Private garages	20% of the total required, may be uncovered
Bicycle parking	5% of total required
Commercial use
Ground Floor Retail	1 per 250 sq. ft.
Ofce	If building is 1,000 sq. ft. or smaller: 1 per 250 sq. ft. If building is larger than 1,000 sq. ft.: 3.3 per 1,000 sq. ft.
---	---
Short-Term Rentals	1 per unit
Other uses	Refer to specifc uses within this table
Bicycle parking	5% of total required
Mobile Homes	Refer to Section 13.07, Mobile Homes
Residential Care Facility	1 for every three beds
Senior Housing	1 per unit plus 2 per manager's unit
Single Room Occupancy (SRO)	1 per unit
J. Vehicle Related Uses
Auto rental agency	1 per 400 sq. ft. plus 1 per rental vehicle
Auto repair (tire, oil change, smog check, etc.)	3 per service bay
Car Wash	1 per 200 sq. ft. of building area and reservoir space outside of building equal to two (2) times the maximum capacity of facility
Gas & Service Stations:
With Retail	1 per 200 sq. ft.
With Auto Repair	3 per service bay
Auto dealerships:
Sale or lease of vehicle	1 per 200 sq. ft. of showroom
Ofce	1 per 200 sq. ft.
With Service Bays	3 per service bay
Window service or drive-thru in conjunction with any other use	The required parking for primary use (restaurant, or other use providing window service) plus queuing of 5 vehicles which do not interfere with any on-site parking spaces

1 Refer to Subsection 2.03, Definitions, of this Chapter for a full description of "Commercial Services."

2 For loading and unloading: One (1) parking space per six (6) children up to five (5) spaces and thereafter one (1) space per ten (10) children. Driveways, garage aprons and street frontage may be counted if appropriate permits are first received when calculating spaces for child care homes. Tandem spaces are prohibited.

3 Exceptions for Child Care Requirements: The parking and loading/unloading requirements for child care facilities may in the Planning Commission's discretion be reduced, based on an empirical study (provided by the applicant) which establishes no adverse effects will occur

as a result. The required number of loading/unloading spaces may be reduced without a study by one (1) space for each employee permanently assigned to load and unload children from vehicles.

4 Applicable to new and existing projects being remodeled resulting in additional bedrooms submitted for approval after April 7, 2009. Existing projects or projects either entitled or submitted active planning applications prior to April 7, 2009 shall use the parking regulations in effect at the time of entitlement or application submittal. For R4, R5, MXD/MXD2/MXD3 zones, 15% guest parking is legal and conforming for projects entitled or active planning applications submitted prior to April 7, 2009.

pproval after April 7, 2009. Existing projects or projects either entitled or submitted active planning applications prior to April 7, 2009 shall use the parking regulations in effect at the time of entitlement or application submittal. For R4, R5, MXD/MXD2/MXD3 zones, 15% guest parking is legal and conforming for projects entitled or active planning applications submitted prior to April 7, 2009.

5 Refer to Subsection XI-10-53.15, Parking Standards for Hotels and Motels, of this Chapter for allowed reductions to minimum parking requirements.

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.848, § 9, 11/15/22; Ord. No. 38.845, § 13, 6/21/22; Ord. No. 38.841, § 5, 5/4/21; Ord. No. 38.835, § 8, 3/3/20; Ord. No. 38.839, § 14, 12/3/19; Ord. No. 38.808, § 5, 5/21/13; Ord. No. 38.785, § 7, 4/7/09)

XI-10-53.11 - Shared Parking

A.

Purpose and Intent. Dedicated parking areas for individual uses, especially when provided in new developments, can result in less efficient land usage, lower floor area ratios, and more environmental/water quality impacts.

Shared parking is typically applied when land uses have different parking demand patterns and are able to use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.

B.

Applicability. Shared parking may be applied in the following situations:

1.

In mixed-use developments, which include one or more businesses that are complementary, ancillary, or support other activities. A typical mix of uses includes, but is not limited to: residential, office, restaurants, retail, colleges, churches, cinemas, and special event situations if they can demonstrate that demand patterns vary among uses.

2.

In shopping centers, when more than twenty percent (20%) of gross leasable area is occupied by dining and entertainment uses, (not including pad restaurants, unless they are located within 300 feet of the main shopping center building) shared parking may be applied.

C.

Required Review. Shared parking proposals may be allowed with the approval of a Conditional Use Permit, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter.

Calculation of Parking Spaces Required with Shared Parking. The minimum number of parking spaces for a mixed use development or where shared parking strategies are proposed shall be determined by a study prepared following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved procedures. A formal study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. The actual number of parking spaces required shall be based on well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys may be conducted to determine actual parking accumulation. If possible, these surveys should consider the seasonal peak period for the combination of land uses involved.

E.

Location of Shared Parking Spaces. Shared spaces shall be located within three hundred (300) feet of the use entrances they serve. Up to fifty percent (50%) of nonresidential spaces may be provided at greater distances if dedicated shuttle bus or van service is provided. Clear, safe pedestrian connections must be provided.

F.

Captive Market Parking Requirements. For uses that are considered ancillary to a larger business, no additional parking may be required. Examples of this case include a coffee or snack shop within an office or hotel development, a copy/package store within a business park or redevelopment of small retail uses in a large business district. Parking requirements for similar ancillary uses may be reduced to account for the likely cross patronage among the adjacent uses located within a maximum walking distance of three hundred (300) feet. Parking requirements may be reduced up to ninety percent (90%) as appropriate.

G.

Agreement Between Sharing Property Owners. If a parking facility is to serve two (2) or more separate properties, a legal agreement between property owners guaranteeing access to, use of, and management of designated spaces shall be executed to the satisfaction of the City.

H.

Shared Parking Plan. A shared parking plan shall be submitted to the Planning Division with the following information:

1.

Site plan and required parking calculations of parking spaces intended for shared parking and their proximity to land uses that they will serve.

2.

A signage plan that directs drivers to the most convenient parking areas for each particular use or group of uses (if such distinctions can be made).

A pedestrian circulation plan that shows connections and walkways between parking areas and land uses. These paths should be as direct and short as possible.

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.785, § 7, 4-7-09)

XI-10-53.13 - Design Standards

A.

Location of Parking.

1.

Location of Parking in Relationship to a Use.

a.

Residential Uses: Parking required for all residential uses shall conform with all of the following: (i) be located within the same project site as the use; (ii) be less than 300 feet away from the residential unit it serves; and (iii) shall not be located on any public street, public right-of-way or in any other public area.

b.

Commercial Services and Retail Stores in the Metro or Midtown Specific Plan Areas: Commercial service and retail uses may meet its parking requirements with on-street parking if the project satisfies all of the following conditions: (i) the project site is located within the Metro or Midtown Specific Plan Areas; (ii) the on-street parking space is located along the project site frontage directly serving and adjacent to the use; (iii) no more than 50 percent of the required parking spaces shall be allocated on-street unless the commercial or retail use requires ten or less parking spaces; (iv) the on-street parking space is located less than 300 feet away from the use it serves; and (v) the on-street parking space shall be designated as limited time parking in accordance with the California Vehicle Code.

c.

Other Uses: Required parking for all other uses shall conform with all of the following: (i) be located within the same project site as the use; (ii) be less than 300 feet away from the use for which the parking is required, as provided for in Table 53.09-3 Number of Parking Spaces Required or Section 13, Special Uses, of this Chapter; and, (iii) shall not be located on any public street, public right-of-way or in any other public area.

2.

Location of Residential Parking, Permitted. Vehicles on private property used for residential purposes shall be parked only in paved parking spaces or in driveways which comply with the following standards:

a.

The driveway provides access to required parking spaces; and

The vehicle is not blocking access to parking for other residential units.

3.

Each automobile parking stall shall be so located that no automobile is required to back onto any public street or sidewalk to leave the parking stall, parking bay or driveway except from a lot in an "R2" or more restrictive zone containing not more than two (2) dwelling units.

4.

Parking Location for R5, MXD2 and MXD3 projects.

a.

No parking spaces area allowed within the front or street side setback areas.

b.

Parking must be located behind buildings to minimize visibility from public streets.

c.

4.

Bicycle or Motorcycle Spaces. Any existing or proposed parking facility may utilize, on a substitution basis, on-site parking spaces for bicycle or motorcycle spaces.

Said bicycle spaces shall be raised a minimum of six (6) inches from grade of the adjacent parking facility.

b.

One parking space may be omitted for each eight (8) bicycle spaces provided.

c.

One parking space may be omitted for each two (2) motorcycle spaces provided.

d.

Bicycle spaces shall measure at least two (2) feet by seven (7) feet and shall be located in groups of four (4) and shall be of the following three types:

i.

A rack which secures the frame, or

ii.

An enclosed bike locker, or

iii.

A fenced, covered, locked or guarded bike storage area.

e.

Motorcycle spaces shall measure four (4) feet by eight (8) feet and shall be provided with adequate unobstructed maneuvering areas to permit easy access to the space.

f.

In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent (5%) of the total required parking spaces.

C.

Required Improvements. All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas.

Also refer to Section 54.03 of this Chapter for Improvement of Parking Areas.

D.

Screening and Landscaping. All open automobile parking areas which abut upon a public street right-ofway shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way and of any adopted plan line, with openings for walkway or drive purposes. Each landscaped planter in said parking

facility shall be contained with a six (6) inch raised concrete curb (extruded curbing not permitted). Installation of an irrigation system shall be provided for in each planter area.

E.

Lighting. All lights used to illuminate a parking area shall be designed, located and arranged so as to reflect the light away from any street and any adjacent premises.

F.

Signs. Directional signs are permitted in parking areas in accordance with the adopted Sign Ordinance.

G.

Fencing. A solid masonry wall a minimum height of six (6) feet shall be required on all common property lines when any parking area is established abutting residentially zoned property or property shown on the adopted General Plan as being Residential. The architectural design of said wall shall be to the approval of the Planning Commission through the Site Development Permit process in accordance with Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

H.

Angles and Dimensions

1.

Vehicle Overhang. Vehicles may overhang two (2) feet into any landscape area or private walkway if the walkway is a minimum six (6) feet in width, but in no event shall the overhang be permitted within any public right-of-way.

2.

Stall and drive aisle dimensions. The stall and drive aisle dimensions shall be as follows:

Table 53.13-1\Parking Stall and Drive Aisle Dimensions

Angle	A1Stall Width	B1Stall Depth	C1Aisle Width 1 Way	D1Aisle Width 2 Way	E1Curb Length per Car
Standard size:
0°	9′	9′	12′	16′	22′
45°	9′	19.5′	12′	22′	12′
60°	9′	21′	18′	22′	10.5′
90°	9′	18′	24′	24′	9′
Compact size: [See Subsection 53.07(B)]
0°	7.5′	7.5′	12′	15′	17′
45°	7.5′	16′	13′	20′	8.5′
---	---	---	---	---	---
60°	7.5′	17′	15′	20′	8.5′
90°	7.5′	15′	20′	20′	7.5′

1 Reference to Figure 53.13-1, Parking Stall and Drive Aisle Dimensions

Figure 53.13-1 Parking Stall and Drive Aisle Dimensions

==> picture [396 x 293] intentionally omitted <==

3.

Backing Space in Residential Projects. A minimum unobstructed vehicular maneuvering distance of 25 feet measured from the opening of the garage or carport shall be provided, except as otherwise permitted in this section.

4.

Parking Structures. The parking stall and drive aisle dimensions for Parking Structures, as defined in this Chapter, may be modified with the approval of a Conditional Use Permit in accordance with Section 57 of this Chapter.

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.815, § 2, 9-2-14; Ord. No. 38.785, § 7, 4-7-09)

XI-10-53.15 - Allowed Reductions to Required Parking for Lodging Uses

Allowed Reductions to Minimum Required Parking. The required parking for lodging uses, including hotels, motels, and extended stay hotels, may be reduced by up to 30 percent at the discretion of the decisionmaking authority based on a demonstrated program to reduce demand for on-site parking and maximize the efficient use of parking areas. A reduction in required parking shall be granted based on a point system as described in Subsection XI-10-53.15.C.

B.

An applicant requesting a reduction to the minimum required parking for a lodging use shall submit a written description of all proposed parking demand reduction and site design measures and a written justification of the anticipated reduction in parking demand that would result from implementation of such measures.

C.

Point System for Calculation of Parking Reduction. The decision-making authority may grant a reduction in the required number of parking spaces for lodging uses, as outlined in Table 53.15-1, according to the total number of points scored for implementation of parking demand reduction and site design measures.

Table 53.15-1

Point System for Parking Reduction for Lodging Uses

Total Points	Allowed Parking Reduction
60 points or more	30 percent
40 points or more	20 percent
20 points or more	10 percent

1.

Parking Reduction for Lodging Near Fixed Guideway Transit. A parking reduction may be granted for a lodging establishment within one-half (0.5) mile of a fixed guideway transit station. Fixed guideway transit means a public transit facility that uses and occupies a separate right-of-way or rail line for the exclusive use of public transit vehicles (15 points).

2.

On-Site Parking Demand Reduction and Site Design Measures for Lodging Uses. Any combination of the following measures may be incorporated into the site plan and operational plan for a hotel, motel, or extended stay hotel to support a reduction in the minimum required on-site parking:

a.

Shared parking agreement with owners of other property or properties in the vicinity of the lodging establishment pursuant to Subsection XI-10-53.11, Shared Parking, of this Chapter. The shared parking spaces must be located within 0.25 mile of the lodging use (10 points for a number of shared parking

spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 15 points for a number of shared parking spaces totaling more than 20 percent of the base parking space requirement for the lodging use).

b.

Providing free monthly transit passes for employees. To qualify for this measure a lodging use must be located within 0.5 mile of a transit route (bus or rail) with service frequency of every 15 minutes or less between the hours of 7:00 a.m. and 7:00 p.m. (10 points).

c.

Providing free 24-hour airport guest shuttle service (10 points).

d.

Providing free guest shuttle service to other key destinations (including but not limited to BART and VTA light rail stations, San Jose Diridon Caltrain Station, Levi's Stadium, and major commercial centers) (5 points for shuttle service serving one or two destinations, 10 points for shuttle service serving three or more destinations).

e.

Providing free shared cars for guest use with dedicated, permanent on-site parking spaces for the shared cars . To qualify for this measure the lodging use must provide at least one shared car for every 50 guest rooms (when applying this calculation, any fractional number of required shared cars shall be rounded up to the nearest whole number) (10 points).

f.

Providing on-site, free micromobility devices for guest use. To qualify for this measure the lodging use must provide at least one shared micromobility device for every 50 guest rooms (when applying this calculation, any fractional number of required shared micromobility devices shall be rounded up to the nearest whole number). The operator of the lodging establishment shall obtain approval from the Planning Director or designee for the proposed placement and use of micromobility devices prior to commencing operations. The operator of the lodging establishment shall maintain micromobility devices in good working order at all times (5 points).

g.

Providing valet parking (on-site or at an off-site shared parking location) (5 points for a number of valet parking spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 10 points for a number of valet parking spaces totaling more than 20 percent of the base parking space requirement for the lodging use).

h.

Mechanical lifts for vehicles (if provided, lifts must be operated by staff of the lodging establishment) (5 points for a number of mechanical lift spaces totaling between 10 and 20 percent of the base parking

space requirement for the lodging use; 10 points for a number of mechanical lift spaces totaling more than 20 percent of the base parking space requirement for the lodging use).

i.

Charging a daily fee of $25 or more for on-site parking of guest vehicles (10 points).

j.

Offering prepaid transit cards (Clipper) to guests (5 points).

k.

Featuring public transportation information and links on lodging establishment's website (schedules and route maps for Valley Transportation Authority [VTA] bus and light rail and/or Bay Area Rapid Transit [BART] regional rail) (3 points).

l.

Providing dedicated on-site passenger pickup/dropoff zones (3 points).

m.

Active marketing of guest shuttle services, on-site shared cars, and/or on-site shared micromobility devices, via the lodging establishment's website and other electronic and/or print advertising materials (3 points).

n.

Other measures as proposed by lodging establishment operator (points to be determined by the decisionmaking authority based on the potential for parking demand reduction of the proposed measure).

(Ord. No. 38.855, § 8, 6/18/24; Ord. No. 38.841, § 6, 5/4/21)

Section 54 - General Provisions*

Prior ordinance history: Ords. 38, 38.19, 38.68, 38.89, 38.92, 38.164, 38.175, 38.196, 38.342, 38.347, 38.355, 38.367, 38.377, 38.389, 38.505, 38.526, 38.541, 38.547, 38.553, 38.610, 38.616, 38.652, 38.667, 38.672, 38.675, 38.687, 38.702, 38.703, 38.704, 38.706, 38.711, 38.716, 38.760, 38.761, 38.762, 38.767 and 38.776.

XI-10-54.01 - Purpose and Intent

The intent of this chapter is to provide general development standards for the City, resulting in new development that is harmonious with existing development in the surrounding area. The standards provided in this chapter apply to all zones, unless otherwise indicated. The standards and may be modified to be more stringent through the review process, when it is required for a project.

A.

Conformance with All Sections of This Code. No building or structure shall be erected, reconstructed, structurally altered, enlarged, moved or maintained, nor shall any building, structure or land be used or

designed to be used for any use other than is permitted in the district in which such building, structure or land is located and then only after applying for and securing all permits and licenses required by all laws and ordinances.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.02 - Other Uses Permitted by Commission

Where the term "other uses similar to the above" is mentioned, it shall be deemed to mean other uses which, in the judgment of the Commission as evidenced by a written decision, are similar to the uses listed in the same section and are not objectionable to the general welfare. "Other Uses" so determined by the Commission shall be regarded as listed uses. In no instance, however, shall these regulations be so interpreted to permit a use in a district when such use is specifically listed and permitted in a less restricted district: e.g., a use specifically set forth in the "C2" District shall not be permitted in the "C1" District.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.03 - Improvement of Parking Areas, Auto Sales Areas and Loading Areas

Every parcel of land hereafter used as a private or public parking area, automobile and trailer sales area, or loading area shall be improved in accordance with Section II-13-18 of Title II (Building Regulations) of the Milpitas Municipal Code and Section XI-10-53 of Chapter 10 (Zoning, Planning and Annexation) and landscaped as per Section XI-10-53.09 of Chapter 10 (Zoning, Planning and Annexation) and landscaping requirements specific to the zoning district in which the parking area, automobile and trailer sales area or loading area is located, unless otherwise exempted by the City's land use or zoning regulations.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.04 - Zoning of Annexed Areas

Any area annexed to the City after the effective date of this amendment shall immediately upon such annexation be automatically classified as an Agricultural District with the "S" Overlay District ("A-S" Zone), unless said area is located east of the alignment of Piedmont Road, Evans Road, North Park Victoria Drive and Interstate 680 Freeway as shown on the adopted General Plan and more specifically defined as the westerly boundary of the "Hillside Area" as defined in the General Plan, in which case said area shall be classified as Single-Family District—Hillside with the "H" Combining District (specifically "R1-H").

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.05 - Height: Height Conformance

Except as hereinafter provided, no building or structure shall hereafter be erected or reconstructed which exceeds the height limit established for the district wherein such building or structure is located.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.06 - Area: Area Requirements

Except as hereinafter provided, no building or structure shall be hereafter erected or located on a lot unless such building, structure or enlargement conforms with the area regulations of the district in which it is located.

1.

No parcel of land held under separate ownership at the time the ordinance codified in this Section became effective shall be reduced in any manner below the minimum lot width and lot area required by this Chapter.

2.

No lot area shall be so reduced or diminished that the yards or other open spaces are smaller than prescribed by this Chapter, nor shall the occupancy be increased in any manner except in conformity with the regulations herein established.

3.

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Chapter, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

4.

Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one (1) main residential building and its accessory buildings on one (1) lot. Group dwellings, court apartments and semi-detached dwellings shall be considered as one (1) main residential building on one lot.

5.

No parking area, parking space or loading space which existed at the time the ordinance codified in this Section became effective, or which subsequent thereto is provided for the purpose of complying with the provisions of this Chapter, shall thereafter be relinquished or reduced in any manner below the requirements established in this Section, unless equivalent facilities are provided elsewhere.

6.

No building permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion of its required width and which lot is located on that side thereof from which no dedication was secured, unless the yards provided on such lot include both that portion of the lot lying within the future street and the required yards.

7.

No building permit shall be issued for a building or structure on a corner lot when such building or structure is to be oriented in such a manner as to reduce the front yard requirement on the street on which such corner lot had its frontage at the time the Ordinance codified in this section became effective.

8.

Every required front, side and rear yard shall be open unobstructed from the ground to the sky.

9.

At each end of a through lot there shall be a front yard of the depth required by this Chapter for the district in which each street frontage is located; provided, however, that one of such front yards may serve as a required rear yard.

10.

Any lot of record, whether developed or undeveloped, existing in accordance with law at the time of reclassification by the City of Milpitas, which after said reclassification is less than the minimum lot area required by the zoning district to which it is reclassified shall notwithstanding have all the rights and privileges of said zoning district.

a.

Said rights and privileges shall only remain valid where said lot of record is not modified as to size, shape or area subsequent to said reclassification.

b.

Where the yard regulations, as required by the zoning district to which said lot of record is reclassified, cannot reasonably be complied with because of insufficient minimum lot area by virtue of said reclassification, said regulations may be modified or determined by the Commission as provided for in Section XI-10-57.06, Variances, of this Chapter.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.07 - Planned Unit Development

A.

Purpose and Intent. The purpose of Planned Unit Development approval is to allow diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of said buildings and structures, while insuring substantial compliance to the District Regulations and other provisions of this Chapter, in order that the intent of this Chapter, in requiring adequate standards related to the public health, safety and general welfare, shall be observed without unduly inhibiting the advantages of modern site planning for residential, commercial, or industrial purposes. Where use is made of the planned unit development process as provided in this section, a building permit shall not be issued for such development, or part thereof, until the City has approved said development as herein provided.

B.

Review Requirements.

Application for Planned Unit Developments shall be made on a form prescribed for this purpose by the City of Milpitas.

No application shall be accepted for a use which will require change of zoning district, unless said application is accompanied for an application for a zoning amendment, as provided in Section XI-10-57.02, General Plan/Specific Plan/Zoning Amendments, of this Chapter.

2.

Application shall be accompanied by a general development plan showing the use or uses, dimensions and locations of proposed structures and of acres to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces, and architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses. Such other pertinent information shall be included as may be required by the Commission.

3.

Application shall be accompanied by a fee which shall be established by City Council Resolution.

4.

The Planning Commission shall hold at least one public hearing, prior to making its recommendations to the City Council. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold at least one public hearing, prior to any final action on an application.

5.

Notice of hearing shall be given in accordance with the provisions of Section XI-10-64, Development Review Process, of this Chapter.

6.

In order to grant a Planned Unit Development permit the Planning Commission and City Council shall determine that the following standard requirements have been met:

a.

The proposed development will result in an intensity of land utilization no higher than and standards of open spaces at least as high as permitted or specified otherwise for such development in the General Plan, Zoning Ordinance and Subdivision Ordinance.

b.

The development will not create traffic congestion pursuant to the California Environment Quality Act (CEQA). However, if traffic congestion is created by the proposed development, the traffic impacts will be mitigated by traffic improvements proposed by the developer or by funding capital projects and by on-site provisions for traffic circulation and parking or, if it cannot be mitigated, the Planning Commission and City Council shall issue any necessary findings pursuant to CEQA.

c.

For residential development in the Valley Floor Planning Area, as defined in the Milpitas General Plan Land Use Element, the maximum dwelling unit density per gross acre shall be the upper limit of the corresponding General Plan density range within each zoning designation. In the case of the Valley Floor Planning Area residential developments proposed on land zoned "R3" (Multiple Family Residential) an overall density of up to forty (40) units per gross acre can be approved if the following criteria are found by the City Council to be met.

i.

Sewer capacity and water availability will be sufficient to accommodate the proposed project density as well as other future planned unit development downstream from the project site. Any improvements to the sewer or water system that would be required to accommodate any higher density proposals may be made conditions of project approval;

d.

Required Findings. In addition to the finding that standard requirements in this section have been met, the Planning Commission and City Council must also make the following findings based on evidence in the record in order to approve the Planned Unit Development application:

i.

Development of the site under the provisions of the Planned Unit Development will result in public benefit not otherwise attainable by application of the regulations of general zoning districts.

ii.

The proposed Planned Unit Development is consistent with the Milpitas General Plan; and

iii.

The proposed development will be in harmony with the character of the surrounding neighborhood and will have no adverse effects upon the adjacent or surrounding development, such as shadows, view obstruction, or loss of privacy that are not mitigated to acceptable levels.

7.

The Planning Commission shall make its recommendation to the City Council within 45 days of the date of the filing of said application (pending any necessary zoning amendment). The Commission may recommend to the City Council that the permit be denied, that permit be approved as submitted, or that the permit be approved, subject to various conditions. Within 30 days of the receipt of the recommendation from the Planning Commission, the City Council shall hold a hearing, as required by Subsections XI-1054.07(B)(3) and XI-10-54.07(B)(4) of this section. The City Council shall consider the report of the Planning Commission but shall not be bound thereby. Upon the close of the hearing, the City Council may deny the permit, approve the permit as submitted, or approve the permit subject to such conditions as it deems necessary (in addition to or other than those recommended by the Planning Commission).

Any Planned Unit Development, as authorized, shall be subject to all conditions imposed by the City and shall be excepted from other provisions of this Chapter, only to the extent specified in said permit.

8.

Following the issuance of a planned unit development by the City Council, the Building Inspector shall issue a building permit and shall insure the development is undertaken and completed in conformance with the approved plans.

9.

A Planned Unit Development permit may be revoked after notice to the permittee and hearing in any case where the conditions of such permit have not been complied with. The revocation of the permit shall only be made after written notice of violation is mailed to the holder of the permit. The permit holder shall be given the opportunity to explain why the permit should not be revoked. The Planning Commission and City Council shall hold a public hearing regarding the permit. After receiving the Planning Commission's recommendations on permit, the City Council at its discretion may revoke the permit issued if they determine that the previous conditions of approval have not been complied with. The public hearing shall be held in accordance with Section XI-10-64, Development Review Process, of this Chapter.

If a Planned Unit Development is submitted in conjunction with the Tentative Map application, then the approval of the Planned Unit Development shall run concurrent with and expire with the approved Tentative Map.

Where no Tentative Map is submitted in conjunction with the Planned Unit Development application, and the Planned Unit Development permit has not been used within one (1) year after the date of granting thereof, the permit granted shall be null and void.

10.

No area designated for use as a "Common Green" or "Park" upon any map or plat or plan which has been approved as part of a Planned Unit Development may be used for any purpose other than a common green or park or playground, including but not limited to a school playground as approved by the City Planning Commission.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.08 - Accessory Buildings and Structures

A.

General Requirements.

1.

Exempted. Fences, walls, latticework screen and guard railings are exempt from the accessory building and structure provisions.

All accessory buildings and structures, as well as building additions as described in Subsection 55.03(7), Rear Yard—Building Additions in R1 and R2, of this Chapter, in the rear yard are limited cumulatively to a total area not exceeding thirty percent (30%) of the area of the required rear yard, except where noted below. Projection of eaves of accessory buildings and structures shall not be closer than three (3) feet to any side or rear lot line.

3.

Attached or Detached. An accessory building may be erected detached from the principal building, or erected as an integral part of the principal building, or it may be connected by a breezeway or similar structure.

a.

Attached Accessory Building. An accessory building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this Chapter applicable to the main building.

b.

Detached Accessory Building. A detached accessory building in an "R" District shall be located on the rear one-half (½) of the lot and at least six (6) feet from any dwelling building existing or under construction on the same lot and at least fourteen (14) feet from a residential structure existing or under construction on any adjacent lot.

Any detached accessory building shall not be located within three (3) feet of any rear lot line or side line of the rear half of an adjacent lot or within seven (7) feet of the side line of the front half (½) of any adjacent lot; and, in the case of a corner lot, shall not project beyond the front line required or existing on the adjacent lot.

B.

Standards by Type of Building or Structure.

1.

Recreation shelters and storage shelters shall be permitted as accessory buildings provided that these uses are not equipped for use as living quarters.

2.

Guest house accessory buildings shall not be closer than six (6) feet from the nearest point of the main building. There shall be not more than one (1) guest house on any one (1) building site.

3.

A porte-cochere may be permitted over a driveway in a side yard provided such structure is not more than fifteen (15) feet in height, twenty-four (24) feet in length, not closer than three (3) feet from the side lot line, and is entirely open on at least three (3) sides, except for the necessary supporting columns.

4.

Open, unenclosed stairways, or balconies, not covered by a roof or canopy, may extend or project into a required rear yard not more than four (4) feet, and such balconies may extend into a required front yard not more than thirty (30) inches. Openwork type railing not more than three and one-half (3-½) feet in height may be installed or constructed on any open, unenclosed stairways, or balconies, not covered by a roof or canopy.

5.

Open, unenclosed porches, and decks, not covered by a roof or canopy, which do not extend above the finished floor level of the first floor of the building, may extend or project into any rear or side yard, but in no event shall the structure come closer than three (3) feet to any adjoining property line. Openwork type railing not more than three and one-half (3-½) feet in height may be installed or constructed on any porch or deck.

6.

Platforms, landing places, concrete slabs, walkways and paved areas not covered by a roof or canopy and up to eighteen (18) inches above the ground may extend or project into any rear or side yard but in no event shall the projection come closer than three (3) feet to any adjoining property line with the exception of walkways four (4) feet in width or less which may extend to the property line. These projections are excluded from the 30% maximum required rear yard coverage.

7.

Patio covers, including but not limited to gazebos and pergolas shall not exceed twelve (12) feet in height. Built-in barbecue pits and fountains shall not exceed six (6) feet in height. None of these structures shall come closer than three (3) feet to any side or rear property line. Patio covers are as defined in Section XI10-2.03, Definitions, of this chapter.

8.

In-ground pools, in-ground spas, and associated decking no more than eighteen (18) inches above ground shall not come closer than three (3) feet to any side or rear property line. These accessory structures are excluded from the 30% maximum allowed rear yard coverage.

9.

Depressed ramps and handicap ramps, may be located in any front, side or rear yard but in no case shall come closer than three (3) feet to any adjoining property line. Openwork type railing and guard railing for safety protection around depressed ramps not more than three and one-half (3-½) feet in height above ground level adjacent thereto may be installed or constructed on any ramp.

10.

Open, unenclosed fire escapes may extend or project into any front, side or rear yard not more than four (4) feet.

11.

Utility or mechanical equipment structures, such as pool equipment units and air conditioning units shall not come closer than three (3) feet to any side or rear property line.

12.

Community Emergency Caches. Shall be exempt from discretionary review when they meet the definition in Section XI-10-2.03, Definitions, of this Chapter and do not displace required parking for the site and are located in the rear half of the property.

(Ord. 38.780 (25) (part), 8/19/08)

(Ord. No. 38.789, § 24, 4-21-09)

XI-10-54.09 - Geologic Hazard Zones

Any zoning application proposed for new real estate development or structure for human occupancy shall be subject to approval in accordance with the policies and criteria established by the State Mining and Geology Board and findings of the State Geologist in conformance with the requirements of the Public Resources Code, Section 2621, et seq.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.10 - Fences and Walls

A.

Purpose and Intent. The purpose and intent of this section is to establish standards for fences and walls and similar screening that limit their visual and traffic impacts, but allow for the privacy and architectural interest afforded by such structures. The purpose of a stricter fence or wall height limit in the front yard is to provide for an open street scene, to allow the primary structures on a street to be visible and to contribute to the visual character of the neighborhood, and to allow for unobstructed views of traffic to and from driveways.

This section establishes standards for all fences and walls, including those not requiring a Building Permit. (For information regarding whether a fence or wall requires a Building Permit, please contact the City's Building Division).

B.

Standards for Fences and Walls in All Zones. Unless otherwise provided for in the specific standards for individual zones, the following standards shall apply to fences and walls and to all structural elements supporting the fences, walls and hedges, including pilasters, trellises, etc. In addition to the regulations set forth in this section, all fences and walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons or property.

Measurement of Fence and Wall Height. The height of a fence or wall shall be measured from the finished grade to the top of fence or wall at any point (including barbed-wire tops). Where the finished grade is a different elevation on either side of the fence or wall, the height may be measured from the side having the highest elevation.

2.

Prohibited Fences. Barbed wire fences within four (4) feet of a public sidewalk, electrically charged fences and fences which interfere with public utilities or public easements are not permitted.

C.

Standards for Fences and Walls on the Valley Floor.

1.

Height Limitations. Fences and walls shall not exceed six (6) feet in height at the rear and side yards, and forty-two (42) inches in height at the front yard.

2.

Exceptions:

a.

For any nonresidential or new multi-family projects and single-family tract projects within a zoning district combined with the "S" Overlay District, fences at the rear and side yards may be eight (8) feet maximum height when approved by the Zoning Administrator through a Site Development Permit.

b.

In all zoning districts, fences at the rear or side yard adjacent to recreational areas, athletic fields or courts may be twelve (12) feet maximum height provided that the portion of the fence higher than six (6) feet is of approved openwork.

c.

In all zoning districts, fences at the front yard and within thirty-five (35) feet of a street corner shall be of approved openwork.

d.

In residential zoning districts fences at the rear and side yards may exceed six (6) feet but not exceed eight (8) feet in height provided written consent of adjoining residential property owners is received. See Building Code for permit requirements for fences exceeding six (6) feet in height.

e.

In any Commercial or Industrial zoning district, fences or walls used for the purpose of screening or providing security to mechanical equipment such as but not limited to air conditioning units, chemical tanks

or tank farms or the like, may exceed six (6) feet in height subject to the provisions of Section XI-10-54.16, Trash Enclosures, Equipment and their Screening of this Chapter.

D.

Standards for Fences and Walls within the Hillside District.

1.

Height Limitations. Fences or walls shall not exceed fifty-four (54) inches in height, and be an openwork design, and may be located anywhere on the parcel. No city review of this type fence is required.

2.

Construction Materials. All fence post and supporting framework material shall be wood in order to maintain the rural character of the hills. The Planning Commission, under the "H" Combining District review process (Section XI-10-45.09, Site and Architectural Review, of this Chapter), may approve any other type material for the posts with a Site Development Permit (Section XI-10-57.03, Site Development Permits, of this Chapter).

3.

Openwork Design. Openwork type fences shall be comprised of materials which results in a minimum of seventy-five percent (75%) visual transparency within every square foot area, posts excluded. Chain link fences and cyclone type fences are not considered an approved material in the area.

4.

Exceptions:

a.

In any zoning district combined with the "H" Combining District fences at the rear and side yards which exceed fifty-four (54) inches in height and those fences other than an openwork design may be constructed on a parcel or lot, if and when their location and design have first been approved by the Planning Commission under the "H" Combining District review process (Section XI-10-45.09, Site and Architectural Review, of this Chapter) with a Site Development Permit (Section XI-10-57.03, Site Development Permits, of this Chapter).

b.

In any zoning district combined with the "H" Combining District fences around tennis courts, and the like as determined by the Planning Commission, under the "H" Combining District review process (Section XI-1045.09, Site and Architectural Review, of this Chapter) with a Site Development Permit, (Section XI-10-57.03, Site Development Permits, of this Chapter), may be eight (8) feet maximum height provided that the portion of the fence higher than six (6) feet is an approved openwork design. Chain link fencing may be used, in this case, as an approved openwork design. The Planning Commission, under the "H" Combining District review process, may approve fences over eight (8) feet in height with a Site Development Permit.

All tennis courts and the like shall be screened from view from the valley floor with landscape materials, as outlined in the City Council Hillside Landscape Policy, with said landscaping to the approval of the Planning Commission under the "H" Combining District review process (Section XI-10-45.09, Site and Architectural Review, of this Chapter) with a Site Development Permit, (Section XI-10-57.03, Site Development Permits, of this Chapter).

c.

Barbed wire fences, using a post material other than wood, may be erected on any parcel two (2) acres or more without Planning Commission review or approval.

(Ord. No. 38.834, § 9, 8/20/19; Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.11 - Homebuyer Awareness of General Plan

At the time of initial sale of a newly constructed R1 home, the residential builder's sales staff shall be required to obtain the signatures of the buyers that they have been made aware of the adopted General Plan proposed land uses for the area within the general neighborhood of the proposed purchase site, and received a copy of said General Plan map.

If the buyer needs further detail of types of specific uses possible within a given General Plan designation, he shall be directed to make inquiry at the Milpitas Planning Department.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.12 - Areas for Collecting and Loading Recyclable Materials

A.

Recycling Areas at New Developments. Areas for collecting and loading recyclable materials are required for:

1.

Any project for which a building permit will be required for a commercial, industrial, or institutional building, or residential building having five (5) or more living units, where solid waste is collected and loaded; and any residential project where solid waste is collected and loaded in a location sewing five (5) or more units using containers of one (1) cubic yard or larger.

2.

Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste in containers of one (1) cubic yard or larger.

B.

Recycling Areas at Existing Developments. Recycling areas are required to be added to existing development projects if one or more of the following conditions occurs:

The area subject to modifications or amendment is that part of a development which is used for collecting and loading solid waste. This condition applies regardless of the size of the modification, or

2.

A single modification, or multiple modifications which are constructed within a twelve (12) month period, which collectively adds thirty (30%) percent or more to the existing gross floor area of the development project.

C.

Waiver of Parking Spaces, Encroachment into Landscaping or Open Space Areas for Voluntary Participation.

1.

When the property owner or tenant, with the property owner's approval, voluntarily participates in the recycling program in an existing development, the recyclable area may utilize up to two (2) parking spaces or encroach into any side or rear yard landscape setback or open space area for the location of the recycling container if no other area is available. The Planning Division may approve of the plan and shall provide a written decision supporting the decision.

2.

Provided further, if the Planning Division does not approve the property owner's or tenant's request, they have the right to appeal by filing a Site Development Permit application to the Planning Commission. There shall be no filing fee associated with this review.

3.

The loss of the two (2) parking spaces shall not be deducted from the total count of parking for the purpose of meeting the on-site parking criteria, from calculating the gross floor area of the building or seating requirement, or for any other use that is determined by the amount of parking space.

D.

Design Guidelines. The design and construction of recycling areas shall be reviewed in accordance with the guidelines adopted by Council Resolution for recycling areas.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.13 - Reserved

XI-10-54.14 - Condominium Conversions

A.

Purpose and Intent. The City of Milpitas is concerned with maintaining an adequate supply of housing for its citizens including rental housing. The adopted Housing Element of the Milpitas General Plan contains the following goal statements, pertinent to this matter:

1.

To encourage the provision of a variety of individual choice of tenure, housing type, and location.

2.

To provide within our ability, opportunities for Milpitas citizens to meet their housing needs in the housing market.

3.

To encourage the cooperation within the housing market so that suppliers and consumers can function more effectively, consistent with community growth goals.

4.

To use zoning in ways which will encourage variety and mix in housing types and provide adequate sites for housing persons of all races, ages, ethnic groups, and income levels in Milpitas. Housing is considered a basic necessity and any scarcity within the community area has both a direct and indirect adverse impact on public safety, health and welfare (including but not limited to, health and safety problems relating to the quality of housing). In times of low vacancy rate and high housing cost many people cannot afford to buy homes within the community or its nearby market area and are forced to rent housing in apartments or other multiple dwellings. The unregulated conversion of rental apartment units to condominiums ownership may aggravate such a serious situation and force citizens to move out of the community.

B.

Determination—Allowance of Converting Apartment Units.

1.

Declaration of Housing Shortage. When the number of vacant apartments being offered for rent or lease in the City is equal to or less than six (6) percent of the total number of such dwelling units offered for and under rental or lease agreement in the City, a housing shortage exists which is inconsistent with the purposes of this chapter and with the declared goals of the City relating to its Housing Element of its adopted General Plan.

2.

Determination of Vacancy Rate and Surplus. Whenever an application for a condominium conversion is filed, the Planning Division shall conduct a vacancy rate survey of the existing rental apartment dwelling units in the City. This survey shall be completed within forty-five (45) days from the date the application for condominium conversion is deemed complete.

3.

Surplus Required for Conversion Application. An application for condominium conversion of existing multiple family rental housing units to residential condominium ownership shall not be approved unless there is a vacancy surplus of existing apartments which equals six (6%) percent or greater of the total

number of such units, within the City, and if all of the adult tenants lawfully in possession of two-thirds of the units indicate their desire to convert such project to condominium ownership, in writing, to the City. In no event shall a number of lots, parcels, units, or rights of exclusive occupancy proposed exceed the vacancy surplus by forty (40%) percent. Nothing herein contained shall be construed to prevent the payment of any consideration by landlord to tenant, provided however, consent obtained by payment to a tenant shall not be considered by the Council to be a free and willing consent unless payment of the same consideration is made to all tenants regardless of consent.

C.

Development Standards. The following standards are required for any Residential Condominium Conversion development.

1.

Off-Street Parking. Conformance to the current off-street parking standards.

2.

Landscape and Open Space. Conformance to the current landscape and open space requirements.

3.

Housing and Fire. Conformance to the current Housing codes and Fire Regulations of the City of Milpitas.

4.

Meters and Control Valves. The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit or for each plumbing fixture.

5.

Overcurrent Protection. Each unit shall have its own panel board for all electrical circuits which serve the unit.

6.

Impact Sound Insulation. Wall and floor-ceiling assemblies shall conform to the sound installation performance criteria promulgated in Title 25, California Administrative Code, Section 1092, or its successor, and may be only replaced by another floor covering that provides the same or greater insulation.

7.

Prohibition of Discrimination Against Prospective Buyers with Children. In no case shall a project which can reasonably accommodate children, as determined by the Planning Commission, limit initial sales to households or individuals without children.

D.

Review Requirements. Condominium conversions are subject to a Conditional Use Permit in accordance to Section XI-10-57.04, Conditional Use Permits, of this Chapter and the filing of a Tentative Map in accordance with Chapter 1, Subdivisions, of Title XI.

1.

Protection of Tenant Rights. In addition to the general findings required for approval of a Conditional Use Permit, approval of a Conditional Use Permit for a condominium conversion is subject to the City Council finding that the requirements of Section 66427.1(a) and (b) of the California Subdivision Map Act have been completed in accordance with State Law. Said Sections deal with:

a.

Notice to tenant(s) of intention to convert; and

b.

Tenant(s) exclusive right to purchase their unit(s) upon the same terms and conditions that such unit(s) will be initially offered to the general public or terms more favorable to the tenant(s).

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.15 - Density Bonus for Affordable Housing Developments (entire section)

A.

Purpose and Intent. The Density Bonus regulations are intended to encourage the provision of affordable housing in the community by granting density bonuses and other incentives to developers of residential projects that construct or otherwise provide for housing units that will be available for purchase or rent by senior citizens and lower income persons and households. The ordinance codified in this section is adopted in conformance with Chapter 4.3 of Title 7 of the Government Code, Section 65915, et seq.

B.

Applicability. The Density Bonus provisions are applicable in all zoning districts that allow residential development. The density bonus referred to in this Section shall apply to housing developments consisting of five or more dwelling units.

C.

Review Requirements.

1.

Submittal Requirements. Requests for a density bonus shall require the submittal of a Density Bonus application. The applicant shall submit site and architectural plans for the project (per Section XI-1057.03(D), Submittal Requirements, of this Chapter) for review and approval in conjunction with the Planning Commission and City Council consideration of the Density Bonus application.

Public Hearings. The Planning Commission shall hold at least one public hearing, prior to making its recommendation to the City Council. Notice of hearing shall be given in accordance with the provisions of Section XI-10-64, Development Review Process, of this Chapter.

Upon receipt of the recommendation of the Planning Commission, the City Council and/or Redevelopment Agency shall hold at least one public hearing, prior to any final action on an application. Notice of hearing shall be given in accordance with the provisions of Section XI-10-64, Development Review Process, of this Chapter.

The City Council and/or Redevelopment Agency, after recommendation by the Planning Commission, may authorize an increase in allowable dwelling unit density for those residential projects that assist in meeting the lower income or senior housing needs of the community. When the Planning Commission and Council make a finding that a developer has complied with the requirements of Sections XI-10-54.15(D)(4), Standards, and XI-10-54.15(E), Density Bonus Conditions, of this Chapter, the City Council may award a density increase, with the approval of the project.

Standards.

1.

Determination of Maximum Allowable Densities. The maximum allowable base density specified in the General Plan, including any other permitted increases to density.

2.

Unit Type and Location. All affordable units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-affordable units in the project, and shall be comparable with the non-affordable units in terms of appearance, materials and finished quality. The Planning Commission may recommend to the City Council and/or Redevelopment Agency modifying the requirements as to unit size or type, if it is found that such a modification would better serve the affordable housing need of Milpitas.

3.

Agreement. Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder's Office the City's Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation.

4.

Retaining Affordability. A developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for thirty (30) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. If the City does not grant at least one (1) additional concession or incentive, in addition to a density bonus as specified in Section XI-10-54.15(E), Density Bonus Conditions, of this Chapter, the

developer shall agree to, and the City shall ensure continued affordability for a minimum of ten (10) years of all lower or very low-income housing units receiving a density bonus.

5.

Affordable Rents. Those units targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income. Those units targeted for very low-income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income.

6.

Relation to Statute. Density bonus requirements not specified in these regulations shall be governed by the State Density Bonus Law, Government Code section 65915, et seq.

E. Density Bonus Conditions.

1.

When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the city shall provide the applicant incentives or concessions for the production of housing units and childcare facilities as prescribed in this section.

2.

The city shall grant a density bonus and incentives or concessions described in Section XI-10-54.15(F), Concessions and Incentives, of this Chapter, when the applicant for the housing development seeks and agrees to construct at least any one of the following criteria:

a.

Ten percent (10%) of the total units in a housing development for lower income households as defined in Section 50079.5 of the State Health and Safety Code.

b.

Five percent (5%) of the total units in a housing development for very low-income households as defined in Section 5015 of the State Health and Safety Code.

c.

A senior citizen housing development as defined in Sections 51.3 and 51.12 of the State Civil Code.

d.

Ten percent (10%) of the total dwelling units in a condominium project as defined in subdivision (f) or in a planned development project as defined in subdivision (k) of Section 1351 of the State Civil Code for

persons and families of moderate income, as defined in Section 50093 of the State Health and Safety Code.

3.

If the housing development meets criteria (a), (b), or (c) above, the density bonus shall be an increase of 20% over the maximum allowable residential density under the general plan and zoning ordinance. If the housing development meets criterion (d) above, the density bonus shall be an increase of five (5%) percent over the maximum allowable residential density under the general plan and zoning ordinance.

4.

If at least one of the above criteria is met, an additional density bonus shall be granted as per the following sliding scale:

a.

An additional two and one-half (2.5%) percent density bonus for each increase of one (1%) percent Very Low-Income units above the initial 5% threshold;

b.

A density increase of one and one-half (1.5%) percent for each one (1%) percent increase in Lower-Income units above the initial 10% threshold; and

c.

A one (1%) percent density increase for each one (1%) percent increase in Moderate-Income condominium or planned development units above the initial 10% threshold.

5.

The total of the density bonuses pursuant to paragraphs (3) and (4) above shall not exceed 35% for the proposed housing development.

F.

Concessions and Incentives. Any project that meets the minimum criteria specified in Subsection XI-1054.15(E)(2), Density Bonus Conditions, of this Chapter, for a density bonus is entitled to concessions depending upon the amount of affordable housing provided as follows:

1.

For projects that provide either five (5%) percent of the units affordable to Very Low-Income households, 10% of the units affordable to Low-Income households, or 10% Moderate-Income condominiums, the developer is entitled to one concession;

2.

When the number of affordable units is increased to 10% Very Low-Income units, 20% Lower-Income units, or 20% Moderate-Income condominiums, the developer is entitled to two concessions; and

3.

When the number of affordable units is increased to 15% Very Low-Income, 30% Low-Income, or 30% Moderate-Income household condominiums, the number of concessions is increased to three concessions.

6.

Waivers and Modifications of Development Standards. The City may not impose a development standard that makes it infeasible to construct the housing development with the proposed density bonus. In addition to requesting incentives and concessions, applicants may request the waiver of development standards and shall show that the waiver is necessary to make the housing units economically feasible.

For the purpose of this section, development standards are defined as site or construction conditions that apply to a residential development pursuant to any local policy, resolution or regulation. The requested waiver shall be approved unless the City makes either of the findings set forth in Section XI-10-54.15(F)(3), Concessions and Incentives, of this Chapter.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.16 - Trash Enclosures, Equipment and their Screening

A.

Purpose and Intent. The location of trash enclosures and mechanical and other similar types of equipment on private property can significantly affect the visual quality of a project. Particularly important is the view of projects and their related equipment and services from adjacent streets. The requirements of this subsection are meant to address the negative visual impacts resulting from the location of trash enclosures and mechanical equipment on private property, while recognizing that they are necessary aspects of development.

Trash Enclosures. Trash enclosures which enclose dumpsters shall be of sufficient size to accommodate the trash and recyclable materials generated by the uses on the parcel(s) being served. The following standards shall apply:

1.

When located on the street side of corner lots, the enclosure must be set back at least as far as the main building.

2.

Colors and materials of the enclosure shall complement the building and shall consist of masonry wall such as split face block or masonry finished to match the building or other solid screening material utilizing colors and materials which complement the building.

3.

Gates shall be solid metal painted to match the enclosure.

4.

The enclosure shall screen the dumpsters, trash compactors or equipment.

5.

No net reduction in the number of on-site trees and no loss of protected trees, as defined in Section X-27.01 of the Milpitas Municipal Code, may be approved to accommodate an enclosure.

6.

When feasible, sides and rear of the enclosure shall be landscaped.

7.

On-site parking shall meet ordinance requirements, except as provided in Section XI-10-54.12(C), Areas for Collecting and Loading Recyclable Materials, of this Chapter.

8.

Trash enclosures shall be located as far away as possible from Residential or Mobile Home Park combining districts or uses.

9.

Follow the City's Engineering standards for trash enclosures.

C.

Ground- Mounted Equipment.

Ground-Mounted Equipment. Ground-mounted equipment, such as air conditioning units, landscape irrigation controls, transformers, fuse boxes, telephone equipment, gas meters, water meters, stand pipes, fire sprinkler connectors, and other exterior equipment shall comply with the following:

a.

Location. Outside the front yard setback and, when no front yard setback is required outside the area between the street and the building closest to the street and screened from public view as provided for in Subsection (b) below.

Where it is infeasible to locate ground-mounted equipment outside the front yard, ground-mounted equipment located in the front yard shall be screened from public view as provided for in Subsection (b) below.

b.

Screening. Equipment shall be completely screened from view by dense shrubbery, masonry wall such as split face block or masonry finished to match the building, or other solid screening material utilizing colors and materials which complement the building. Chain link fencing with or without slats may not be approved in the Mixed Use district, but may be approved in the Commercial and Industrial districts if it is an expansion of an existing approved chain link enclosure and it is not visible from public viewing points with a Minor Site Development Permit.

c.

On-site parking shall meet minimum standards.

d.

No net reduction in the number of on-site trees and no loss of protected trees, as defined in Section X-27.01 of the Milpitas Municipal Code, may be approved to accommodate a tank, transformer or equipment.

e.

Height of Equipment.

i.

In Commercial and Industrial districts, the installed height of the transformer, tank or equipment shall not exceed the height of the building. Equipment exceeding building height may be approved if it is proposed at the rear of the building, and the applicant can demonstrate with line-of-sight drawings that the equipment will not be seen from public viewing points.

ii.

In the Mixed Use district, the installed height shall not exceed six (6) feet.

iii.

If adjacent to a Residential or Mobile Home Park Overlay district or use, installed height of the equipment shall not exceed six (6) feet.

f.

Generators may not be approved if located adjacent to a Residential or Mobile Home Park Overlay district or use.

D.

Rooftop Equipment. All rooftop equipment including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property as follows:

1.

All rooftop equipment shall be located in an area which is screened by a screening wall, parapet wall or equipment well. The height of such equipment, mounted in the well, shall not exceed the height of the architectural element used to screen the equipment. Viewsheds and sightlines shall be taken into consideration and the equipment should be placed in a location, which effects maximum screening. The Planning Division may also require additional screening devices in conjunction with tenant improvements as deemed necessary where the screening wall, parapet wall or equipment well does not provide adequate screening from the above-referred views.

Exceptions: Rooftop equipment which exceeds the height of existing roof screens, if line-of-sight drawings demonstrate that the equipment will be visible from surrounding "worst case" view points from the above referred views shall only be allowed through the approval of a Site Development Permit.

2.

Roof screens shall be sheathed in a matching or complementary material and color to the exterior building and may include metal panels, parapet walls or screens constructed of exterior grade plywood or other durable materials.

(Ord. No. 38.795, § 34, 4/6/10; Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.17 - Lighting

Exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. Fixtures shall be appropriate in terms of height, style, design, scale and wattage to the use of the property. Fixtures shall be spaced appropriately to maximize pedestrian safety.

(Ord. 38.780 (25) (part), 8/19/08)

XI-10-54.18 - 2023-2031 Housing Element Sites

Reused Sites. Reused sites are opportunity and rezone sites listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Tables E-13 and E-14 that are identified for lower-income housing capacity and as a 5th Cycle Housing Element site. On these reused sites, owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.

B.

Rezone Sites. Rezone sites are listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Table E-14 that are identified for lower-income housing capacity. On these rezone sites, the following shall apply:

1.

2.

100 percent residential use is allowed.

3.

A minimum of 50 percent of the floor area in mixed-use projects must be occupied by residential use.

(Ord. No. 38.855, § 9, 6/18/24; )

XI-10-54.19 - Reserved.

Editor's note— Ord. No. 38.795, § 36, adopted April 6, 2010, amended the Code by repealing former § XI10-54.19 in its entirety. Former § XI-10-54.19 pertained to model home complexes and sales offices, and derived from Ord. 38.780 (25) (part), adopted August 19, 2008.

Section 55 - Exceptions[[23]]

Footnotes:

--- ( 23 ) ---

Editor's note— Ord. No. 38.789, § 25, adopted April 21, 2009, amended the Code by repealing former Section 55, XI-10-55.01—XI-10-55.04, and adding a new Section 55. Former Section 55 pertained to similar subject matter, and derived from Ord. 38, adopted March 15, 1955; Ord. 38.90, adopted September 1, 1966; Ord. 38.342, adopted July 2, 1974; Ord. 38.373, adopted May 4, 1976; Ord. 38.389, adopted April 5, 1977; Ord. 38.667, adopted January 21, 1992; Ord. 38.699, adopted May 16, 1995; Ord. 38.716, adopted September 15, 1998; Ord. 38.760, adopted September 17, 2002; Ord. 38.761, adopted May 20, 2003; and Ord. 38.763, adopted April 20, 2004.

XI-10-55.01 - Purpose and Intent

The regulations included in this section provide for the encroachment of architectural and functional features into setback areas. This section also provides for exceptions from certain development standards in this Chapter under unique situations.

(Ord. No. 38.789, § 25, 4-21-09)

XI-10-55.02 - Height

A.

Measurement of Height for Through Lots.

1.

Through Lots 150 Feet or Less in Depth. On a through lot one hundred fifty (150) feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.

2.

Through Lots More Than 150 Feet in Depth. On a through lot more than one hundred fifty (150) feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from that street.

B.

Structures Permitted Above Height Limit. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building. Parapet walls, skylights, towers, process towers and columns, including appurtenant working structures, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts (provided such masts comply with Section 13.09, Wireless Communications Facilities, of this Chapter.), water tanks, gas tanks, silos, or similar structures may be erected above the height limits herein prescribed, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space.

(Ord. No. 38.785, § 7, 4-7-09)

XI-10-55.03 - Setbacks

1.

Front Yard — Infill Development Between Projecting Buildings. Where a lot is situated between two lots, each of which has a main building [within twenty-five (25) feet of its side lot lines], which projects beyond the established front yard line and has been so maintained since the Ordinance codified in this Section became effective (March 15, 1955), the front yard requirement on such lot may be the average of the front yards of said existing buildings.

2.

Front Yard — Adjoining Projecting Building. Where a lot adjoins only one lot having a main building [within twenty-five (25) feet of its side lot lines], which projects beyond the established front yard line and has been

so maintained since the Ordinance codified in this Section became effective (March 15, 1955), the front yard of said existing building and the established front yard line.

3.

Front Yard — Sloping Lot. Where the elevation of the ground at a point fifty (50) feet from the front line of a lot, and midway between the side lines, differs ten (10) feet or more from the curb level, or where the slope (measured in the general direction of the side lot lines) is twenty (20) percent or more on at least onequarter (1/4) of the depth of the lot, the front yard need not exceed fifty (50) percent of that required in the district.

4.

Front Yard and Side Yard Waived — Dwelling Over Commercial. The front and side yards shall be waived for mixed use buildings that include dwellings and hotels erected above the ground floor of a building when said ground floor is designed exclusively for commercial purposes.

5.

Side Yard Waived — Semi-Detached Dwellings, Etc. For the purposes of side yard regulations, the following dwellings with common party walls shall be considered as one (1) building occupying one (1) lot semi-detached two (2) and four (4) family dwellings, row dwellings, group dwellings and court apartments.

6.

Rear Yard — Includes One-Half Alley. In computing the depth of a rear yard where such yard opens onto an alley, one-half (1/2) the width of such alley may be assumed to be a portion of the required rear yard.

7.

Rear Yard — Includes Loading Space. A required loading space may occupy a required rear yard, or any part thereof.

8.

Rear Yard—Building Additions for R1 and R2. Building additions into the required rear yard shall be allowed for all legal, conforming single-family and two-family dwellings in all Valley Floor Residential districts, when such dwelling has been constructed in accordance with law and a minimum period of one (1) year has elapsed since the final inspection as provided for in Title II of the Milpitas Municipal Code.

a.

Such building additions may be allowed into the required rear yard so that the remaining rear yard set back (measured perpendicular to the rear lot line at any point) is not less than the exterior height of the rear wall of said building addition and shall not encroach into a public utility easement.

b.

The exterior height of the rear wall at any point shall be measured vertically from the ground to top of the wall.

c.

All measurements in regards to yards for building additions shall be measured from the exterior face of wall.

d.

The cumulative total of all said building additions and any accessory buildings or structures noted in Section 54.08, Accessory Buildings and Structures, of this Chapter, shall not cover an area exceeding thirty percent (30%) of the required rear yard area specified by the regulations or PUD for the District in which this single-family or two-family dwelling is located.

e.

Applications for building permits pursuant to this section shall provide the Planning Division with sufficient information to determine the remaining rear yard setback and coverage of the required rear yard area as specified in (a) through (c) above. Building additions proposed for all legal, conforming single-family and two-family dwellings in the Valley Floor Residential districts require review and approval by the Planning Division or Zoning Administrator, pursuant to Section 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

f.

This section is intended to apply to bona fide building additions not contemplated at the time of original construction, where the owner finds for personal or economic reasons (in a community of growing families and under economic conditions where the purchases of larger homes imposes a heavy financial burden) the need to expand his existing dwelling and would not otherwise be allowed to do so within the required set backs of the District or Planned Unit Development. The waiting period of one (1) year from final inspection is intended to insure that the addition is erected in good faith and in accordance with the intent of this section.

(Ord. No. 38.834, § 10, 8/20/19; Ord. No. 38.789, § 25, 4-21-09)

XI-10-55.04 - Lot Area

1.

Large Lots—Additional Dwelling. Where a lot has an area equivalent to two (2) or more times that required by this Ordinance, but without sufficient required frontage for two (2) or more lots, a dwelling shall be permitted on both the front and rear portions of said lot, provided that:

a.

All height and area requirements, except lot width, are complied with;

b.

A strip of land thirty (30) feet wide, measured at right angles from the rear lot line, is reserved for future access in addition to the required rear yard; and

A strip of land at least fifteen (15) feet wide, measured at right angles to either side lot line and extending from the street line to the rear portion of the lot, is reserved as a means of access thereto.

2.

Lot Area — Includes One-Half Alley. In computing the lot area of a lot which rears upon an alley, one-half (1/2) the width of such alley may be assumed to be a portion of the lot.

3.

Through Lot — May Be Two Lots. Where a through lot has a depth of one hundred fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear lines of each approximately equidistant from the front lot lines, provided all area requirements are complied with. An accessory building shall not project beyond the front yard line of an existing main building along the frontage except that such accessory building need not be located more than twenty-five (25) feet from the street line.

(Ord. No. 38.789, § 25, 4-21-09)

XI-10-55.05 - Projections Allowed Into Required Yards/Setbacks

The following architectural and landscape features shall not be located and maintained so as to preclude complete access at all times around a main building. Gates or other suitable openings at least two and one-half (2-1/2) feet in width shall be deemed adequate for such access.

1.

Cornices, eaves, belt courses, sills, canopies, foundationless bay windows, garden, greenhouse, or planttype windows or other similar architectural features (not including bay windows) may extend or project into a required front, side or rear yard not more than thirty (30) inches.

a.

Chimneys may also extend or project into a required front, side or rear yard not more than thirty (30) inches.

b.

In no case shall any of the above projections be closer than three (3) feet to any side lot line.

(Ord. No. 38.789, § 25, 4-21-09)

Section 56 - Nonconforming Buildings, Uses, and Parcels[[24]]

Footnotes:

--- ( 24 ) ---

Prior ordinance history—Ords. 38, 38.681 and 38.760.

XI-10-56.01 - Purpose and Intent

The purpose of this chapter is to establish regulations for nonconforming buildings, structures and uses. It is the intent of these regulations to result in the conversion of nonconforming buildings, structures, and uses to conforming buildings, structures and uses. However, the City recognizes that until nonconforming buildings, structures, and uses are converted, improvements to them which promote their compatibility with their neighborhoods, enhance the quality of development, and do not increase nonconformity should be encouraged and allowed.

(Ord. No. 38.855, § 10, 6/18/24; Ord. 38.777 (14) (part), 6/17/08)

XI-10-56.02 - Repair, Maintenance and Improvements to Nonconforming Buildings and Structures

A nonconforming building or structure may be maintained, except as otherwise provided in this section.

A.

Repair, Maintenance, Aesthetic Improvements. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made except those required by law or ordinance.

B.

Energy Efficiency and Sustainability Upgrades. Improvements may be made to a nonconforming building or structure related to improving the energy efficiency, reducing the energy usage, and reducing the greenhouse gas emissions impact of the building or structure.

C.

Restoration of Damaged Buildings. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, to the extent of not more than seventy-five (75%) percent of its true value at that time, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided the total cost of such restoration does not exceed seventy-five (75%) percent of the true value of the building or structure at the time of such damage and that such restoration is started within a period of one (1) year and is diligently prosecuted to completion.

In the event such damage or destruction exceeds seventy-five (75%) percent of the true value of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located.

Provided, however, that any multistory single-family residence, which is subject to the provisions of the hillside section of this Title (Section XI-10-45), may be rebuilt to its approved height and setbacks and is not subject to the single-story height restrictions or other restrictions in the Zoning Title currently in effect, but shall conform to those regulations in effect at the time the structure was built.

D.

Additions to, Enlargements and Moving of Nonconforming Buildings and Structures.

1.

In the R1, R2 and R1-H Districts, a legal nonconforming building or structure shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all development standards and regulations of the district in which it resides, including, but not limited to height, yard setbacks, maximum lot coverage, impervious surface coverage, and maximum size of residence regulations of said district. In addition, a legal nonconforming building or structure shall not be added to or enlarged unless existing front yard paving is brought into conformance.

2.

In all districts other than the R1, R2, and R1-H, a legal nonconforming building or structure may be added to or enlarged in a manner consistent with the criteria established in Table XI-10-57.04-1 and if a Conditional Use Permit is obtained.

3.

A building or structure lacking adequate automobile parking space in connection therewith may be altered or enlarged provided the required additional automobile parking space is supplied as per Section XI-10-53 for the entire building or use, including the addition or enlargement.

4.

A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all regulations of the district in which it is located.

(Ord. No. 38.855, § 10, 6/18/24; Ord. No. 38.793, § 3, 5/17/11; Ord. 38.777 (14) (part), 6/17/08)

XI-10-56.03 - Nonconforming Use of Buildings and Structures

A.

The continuation or change of a nonconforming use of a building or structure shall meet the requirements provided below.

1.

Continuation of Existing Nonconforming Use. A legally established use that is no longer permitted in a particular zoning district because of a modification of this Chapter shall be allowed to continue indefinitely, absent discontinuation of the use for a year or more and failure to comply with the re-establishment provisions of Section XI-10-56.03(B) below.

2.

Discontinuation of Nonconforming Use. The nonconforming use of a building, structure or portion thereof, which is discontinued for a continuous period of one (1) year or more, may be replaced only with a conforming use, absent an approved nonconforming use reestablishment set forth in Section XI-1056.03(B) below. Nonconforming uses which have been discontinued for a period of less than one (1) year

may be replaced, if (1) with a nonconforming use of the same use classification as a matter of right or (2) a nonconforming use of a different use classification, subject to compliance with the findings and procedures set forth Section XI-10-56.03(B).

3.

Changes of Use Within the Same Use Classification. An existing, ongoing nonconforming use may be changed to a different use within the same use classification. For example, a nonconforming auto repair shop use may be changed to a tire shop use, since both uses fall within the same use classification (auto service uses).

4.

Change of Use to a Different Nonconforming Use Classification. An existing, ongoing nonconforming use may be changed to a nonconforming use of a different use classification only if it can be found that the proposed use is equivalent to or more appropriate than the existing nonconforming use at the project location. The proposed use may be allowed only by way of a conditional use permit and only if, in addition, all of the following findings can be made:

a.

The proposed nonconforming use would not cause a nuisance to the surrounding properties and district (e.g., excessive parking demand, traffic, noise, etc.).

b.

The proposed nonconforming use would be compatible with the general character of the surrounding neighborhood or district.

c.

The proposed nonconforming use is necessary to allow gainful economic use of structures or improvements until such structures or improvements can be permanently converted to conforming uses.

B.

Re-establishment of Discontinued Nonconforming Uses Within the Milpitas Metro Specific Plan Area (Sunsetting Provision).

1.

Once discontinued for a year or more, nonconforming uses only within the Milpitas Metro Specific Plan Area may be re-established if all of the following findings can be made:

a.

The proposed re-establishment of a nonconforming use would not cause a nuisance to the surrounding properties and district (e.g., excessive parking demand, traffic, noise, etc.).

The proposed re-establishment of a nonconforming use would be compatible with the existing general character of the surrounding neighborhood or district.

c.

The proposed re-establishment of a nonconforming use is necessary to allow gainful economic use of structures or improvements until such structures or improvements can be permanently converted to conforming uses.

In addition to the above findings, the re-establishment of a discontinued nonconforming use may only be approved by the Planning Commission by way of a conditional use permit, with the above additional findings, if (1) the proposed use lies within 1,000 feet of any residential use or (2) the proposed use would require conditional use permit review under current zoning requirements for the zoning district listed in the zoning map in existence at the time the use became nonconforming. The re-establishment of a discontinued nonconforming use may be approved administratively by Planning Division staff in all other circumstances, contingent on the existence of findings by Planning Division staff that the above listed grounds for re-establishment exist.

2.

This Section XI-10-56.03(B) shall become inoperative July 1, 2026, and shall be considered repealed on that date, unless a later enacted ordinance that becomes effective on or before July 1, 2026, deletes or extends that date. All other provisions of Section XI-10-56.03 shall be unaffected by this sunset clause.

C.

Expansion of Assembly Uses in the Heavy Industrial (M2) Zoning District.

1.

Assembly uses approved after February 7, 2017, that are rendered legally non-conforming may expand in floor area up to 25 percent of existing floor area until December 31, 2020. Such expansions shall require approval of a Site Development Permit and Conditional Use Permit by the Planning Commission in accordance with the provisions of Section 57 "Applications."

(Ord. No. 38.855, § 10, 6/18/24; Ord. No. 38.837, § 10, 11/5/19; Ord. No. 38.817, § 2, 9/16/14; Ord. No. 38.793, § 3, 5/17/11; Ord. 38.777 (14) (part), 6/17/08)

XI-10-56.04 - Nonconforming Use of Land

1.

Continuation of Use. The nonconforming use of land (where no main building is involved), existing at the time the Ordinance codified in this section became effective, may be continued for a period of not more than five (5) years therefrom, provided:

That no such nonconforming use of land shall, in any way, be expanded or extended either on the same or adjoining property.

b.

That, if such nonconforming use of land, or any portion thereof, is discontinued or changed, any future use of land shall be in conformity with the provisions of this Chapter.

c.

That any sign, billboard, commercial advertising structure or statuary, which is lawfully existing and maintained prior to January 26, 1954, may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto and provided, further, that all such nonconforming signs, billboards, commercial advertising structures and statuary, and their supporting members, shall be completely removed from the premises not later than five (5) years from the effective date of the Ordinance codified in this section.

2.

Nonconforming Due to Reclassification. The foregoing provisions of this section shall also apply to buildings, structures, land, or uses which hereafter become nonconforming due to any reclassification of districts under this Chapter or any subsequent change in the regulations of this Chapter; provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures, or uses, said period shall be computed from the date of such reclassification or change.

(Ord. No. 38.855, § 10, 6/18/24; Ord. 38.777 (14) (part), 6/17/08)

XI-10-56.05 - Nonconforming Parcels

A.

Legal Building Site. A nonconforming parcel that does not comply with the applicable lot requirements for the zone (e.g., lot area, lot width, etc.) in which it is located shall be considered a legal building site if it meets at least one of the following:

1.

The parcel was created by a recorded subdivision;

2.

The parcel is under one ownership and of record, and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the parcel nonconforming; or

3.

The parcel was approved through a variance procedure or resulted from a lot line adjustment.

Development of Legal Building Sites. A legal building site may be developed provided that any structure or development compiles with the standards for the zone unless standards are specifically waived or altered through a variance or as otherwise allowed by the zoning ordinance.

C.

Subdivision or Adjustment of a Nonconforming Parcel. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.

(Ord. No. 38.855, § 10, 6/18/24)

Section 57 - Applications*

Prior ordinance history: Ords. 38, 38.92, 38.180, 38.205, 38.395, 38.485, 38.491, 38.629, 38.633, 38.676, 38.706, 38.760 and 38.776.

XI-10-57.01 - Purpose and Intent

These provisions are intended to prescribe the procedures for filing and processing specific applications when required or permitted by this chapter.

(Ord. No. 38.803, § 9, 4/17/12; Ord. 38.780 (26) (part), 8/19/08)

XI-10-57.02 - General Plan/Specific Plan/Zoning Amendments

A.

Purpose and Intent. The purpose of this section is the establishment of procedures for amending the General Plan, Specific Plans and Zoning Ordinance.

1.

This section provides a method for amending the General Plan, as it may become necessary, or desirable from time to time, or as required by State law. It is intended that this section be consistent and in compliance with Section 65350 et seq. of the Government Code.

2.

This section provides a method for the adoption of specific plans. In addition, it is the purpose of this section to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to community concerns and market demands over time. It is intended that the provisions of this section shall be consistent with Section 65450 et seq. of the Government Code.

3.

Amendments to the Zoning Ordinance are necessary to maintain its effectiveness as a regulatory and informational document and to ensure its consistency with the General Plan, adopted specific plans and State law. Zoning amendments are also necessary to provide for the implementation of the City's General Plan.

Authority. The City Council is the final authority on General Plan, Specific Plan and, Zoning amendments, including amendments to the Zoning Map. The Planning Commission shall provide recommendations to the City Council regarding zoning amendments.

Amendments to zone boundaries or text of this title that are not consistent with the General Plan must be accompanied by a General Plan amendment application.

C.

Applicability. A General Plan, Specific Plan and/or Zoning Amendment may be initiated for the following:

1.

In accordance with the provisions of the Government Code of the State of California, any amendment to this Chapter which changes any property from one zone to another or imposes any regulation or removes of modifies any regulation relating to land, buildings, structures, signs, billboards, lots, yards, courts, and open spaces, off-street parking and loading, building setback lines or civic districts or which prezones unincorporated land.

2.

Any other amendment to this Chapter, General Plan or Specific Plan may be adopted by the City Council as other ordinances are adopted.

3.

Nothing contained in this Chapter, however, shall be construed to be a limitation on the power of the City Council to adopt an interim zoning ordinance as an urgency measure in accordance with the procedures and relating to the subject matter set forth in the Government Code of the State of California. (Ord. 38.780 (26) (part), 8/19/08)

D.

Initiation of Amendments to the General Plan, a Specific Plan, Zoning Ordinance or Zoning Map.

An amendment to this Chapter under Subsection 57.02(C) may be initiated in any of the following ways:

1.

By a majority vote of the Planning Commission or the City Council.

2.

By a property owner who seeks to have his parcel rezoned.

3.

By the owners of fifty percent or more of the area of all the property sought to be rezoned.

E.

Submittal Requirements. Refer to the most recent submittal requirements required by the Planning Division.

F.

Review Procedures.

1.

Initiation by City Council or Planning Commission

a.

Any amendment initiated by the Planning Commission or City Council shall be first referred to the Planning Commission.

b.

The Planning Commission shall hold a public hearing on any said proposed amendment (whether initiated by Council or Planning Commission) after notice given in accordance with the provisions of Section 64, Development Review Process, of this Chapter.

c.

At the conclusion of the hearing, the Planning Commission shall make a recommendation to the City Council, including the reasons for its recommendation. A recommendation shall be made within forty days after the reference from the City Council on any said proposed amendment, unless the City Council consents to an extension of time. Failure of the Planning Commission to report to the City Council within forty days after the reference (unless the City Council shall have consented to an extension of time) shall be deemed to be an approval of the proposed amendment.

d.

On receipt of the Planning Commission recommendation, the City Council shall hold a public hearing thereon after notice (given in accordance with the provisions of Section 64, Development Review Process, of this Chapter).

i.

Provided, however, if the matter under consideration is an amendment to change property from one zone to another, and the Planning Commission has recommended against said amendment, the City Council shall not be required to hold a public hearing or take any further action unless an interested party shall request a hearing in writing filed (with the City Clerk) within ten days after the Planning Commission files its

recommendation with the City Council. Such a written request for a hearing shall be in lieu of appeal rights provided for in Subsection 64.05, Appeals, of this Chapter.

e.

After the conclusion of the hearing, the City Council may approve, modify or disapprove the recommendation of the Planning Commission.

i.

Provided, however, that any modification of the proposed amendment by the City Council shall be referred back to the Planning Commission for a report and recommendation; the Planning Commission shall not hold a public hearing thereon unless requested to do so by the City Council. Failure of the Planning Commission to report to the Council within forty days after the reference shall be deemed to be an approval of the proposed modification.

2.

Initiation by property owner.

a.

b.

At the conclusion of the hearing, the Planning Commission shall make a recommendation to the City Council, including the reasons for its recommendation.

c.

G.

Required Findings.

1.

Prior to the approval of a General Plan amendment, all of the following findings shall be made:

a.

The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

b.

The proposed amendment will not adversely affect the public health, safety, and welfare.

2.

Prior to the approval of a new specific plan or a specific plan amendment, the following findings shall be made:

a.

The proposed specific plan or specific plan amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan.

b.

The uses proposed in the specific plan or specific plan amendment are compatible with adjacent uses and properties.

c.

The proposed specific plan or specific plan amendment will not adversely affect the public health, safety and welfare.

In the case of a specific plan amendment, the following additional finding shall be made prior to its adoption:

d.

The proposed specific plan amendment will not create internal inconsistencies within the specific plan.

3.

Prior to approval of a zoning amendment or amendment to the zoning maps, the following findings shall be made:

a.

The proposed amendment is consistent with the General Plan.

b.

The proposed amendment will not adversely affect the public health, safety and welfare.

In the case of a zoning amendment or amendment to the zoning maps for a Planned Development Zoning District, the following additional findings shall be made prior to its adoption:

c.

The proposed zoning amendment will provide a significant public benefit to the community.

Existing and proposed utility services are adequate to serve the proposed Planned Development Zoning District.

The proposed development will be in character to the surrounding neighborhood and/or adjacent lands and will have no adverse effects upon the adjacent or surrounding properties, such as shadows, view obstruction, or loss of privacy that cannot be mitigated to acceptable levels.

H.

Approval Runs with the Land. The approval of a General Plan, Specific Plan and/or Zoning amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

I.

Expiration of Application and Time Extension. If an ordinance proposing to change the zoning of certain land (by amendment to the Zoning Ordinance of the City of Milpitas) is not adopted (by a second reading) within 12 months of the date of its introduction (by first reading), then the application giving rise to said ordinance shall be deemed to have expired (without notice to the applicant) and the unadopted ordinance shall not then be capable of adoption by second reading. Provided, however:

1.

Upon recommendation of the Planning Commission, the City Council may grant an extension of time for second reading and adoption not to exceed 12 months subject to the following requirements:

a.

no more than one such extension may be granted, and

b.

the extension must be granted by the Council within 12 months of the date of introduction of the ordinance, and

c.

new conditions may be imposed upon the zone change.

2.

Nothing herein contained shall be construed to prevent a subsequent application for a change of zone of the same land or the subsequent introduction of a new ordinance changing the zone of said land.

(Ord. No. 38.814, § 3, 4/15/14; Ord. No. 38.803, § 9, 4/17/12; Ord. 38.780(26) (part), 8/19/08)

XI-10-57.03 - Site Development Permits and Minor Site Development Permits

A.

Purpose and Intent. Development in areas designated by the Site and Architectural Overlay District (-S) or other development that is otherwise specified in this Chapter as requiring review is subject to either Site Development Permits or Minor Site Development Permits. The (-S) Overlay District is described in

Subsection XI-10-12.05, Site and Architectural Overlay District, of this Chapter. Signs are discussed in Section XI-10-24, Signs, of this Chapter. Depending on the scale of development proposed, other review may be required, as well. The purpose of architectural review shall vary, according to the following criteria:

1.

Site Development Permits. The Site Development Permit process provides for the review of physical improvements to a site which due to their scale, proximity to environmentally sensitive resource areas, or unique design features, require consideration. The Site Development Permit process is intended to encourage site and structural development which 1) respects the physical and environmental characteristics of the site, 2) ensures safe and convenient access and circulation for pedestrians and vehicles, 3) exemplifies the best professional design practices, 4) encourages individual identity for specific uses and structures, 5) encourages a distinct community or neighborhood identity, and 6) minimizes visual impacts.

2.

Minor Site Development Permits. The Minor Site Development Permit process provides for the streamlined review of certain minor classes of development projects which are large enough to require consideration, but due to their scale, nature or location do not require consideration by the Planning Commission.

B.

Authority.

1.

Site Development Permits.

a.

Review by Zoning Administrator. The Zoning Administrator has the authority to review Site Development Permits, subject to the concurrent review and appeal provisions of Section XI-10-64.04-1, Consideration of Concurrent Applications, and Section XI-10-64.05, Appeals, of this Chapter.

b.

Review by City Council. In addition to the provisions of Section XI-10-64.04-1, Consideration of Concurrent Applications, and Section XI-10-64.05, Appeals, of this Chapter, the City Council has the authority to review the following projects:

i.

Projects within the Hillside (-H) Overlay District, in accordance with Section XI-10-45, "H" Hillside Combining Districts, of this Chapter.

ii.

Any off site advertising structures adjacent to interstate freeway and state highways, and off site advertising directional signs, in accordance with Section XI-10-24.05(G) and (H), of this Chapter.

2.

Minor Site Development Permits. Either Planning staff or Zoning Administrator has the authority to review Minor Site Development Permits, subject to the concurrent review and appeal provisions listed above [Section XI-10-57.07(B)(1)] and Section XI-10-57.07(C)(2), Applicability, or when another section of this Title requires such review. When the Zoning Administrator determines that it is in the public interest for the Minor Site Development Permit application to be considered by the Planning Commission, the Zoning Administrator shall forward the application to the Planning Commission for review in the same manner as Site Development Permits, as described in subsection XI-10-57.03(E)(1), Review Procedures, Site Development Permits, below. No public hearing is necessary for a Minor Site Development Permit when heard by the Zoning Administrator.

C.

Applicability.

1.

Site Development Permits. A Site Development Permit is required for:

a.

New main buildings.

b.

New accessory buildings over 2,500 square feet.

c.

New parking lots.

d.

Roof top equipment which exceeds the height of existing roof screens, if line-of-sight drawings demonstrate that the equipment will be visible from surrounding "worst case" view points from on-site parking areas, adjacent public streets and adjacent residentially zoned property.

e.

Additions or alterations to multi-family residential, nonresidential and mixed-use buildings that include:

i.

Additions of 10,000 square feet or greater for non-residential and mixed-use buildings.

ii.

Additions of 5,000 square feet or greater or ten percent (10%) of the existing building gross floor area, whichever is less, to non-residential and mixed use buildings adjacent to residential or (-MHP) Overlay Districts or uses.

iii.

Additions 200 square feet or greater for multi-family residential buildings.

f.

Any deletion or amendment of a previously imposed condition of approval for a Site Development Permit.

g.

Any building color changes to designated cultural resources. Refer to Chapter 4, Cultural Resources Preservation Program, of this Title.

h.

Certain signs, in accordance with Section XI-10-24.04, Signs Subject to Review, of this Chapter.

i.

Sign programs, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

j.

Any Off-site Advertising Displays Adjacent to Interstate Highways and State Routes, in accordance with Section XI-10-24.05(G).

k.

Any Off-Site Directional Signs adjacent to roadways other than Interstate Highways and State Routes, in accordance with Section XI-10-24.05(I).

2.

Minor Site Development Permits.

a.

Review by Zoning Administrator:

i.

Any deletion or amendment of a previously imposed condition of approval for a Minor Site Development Permit approved by the Zoning Administrator.

ii.

Review for certain alterations or additions to residential, nonresidential and mixed-use sites/buildings, as indicated in Table XI-10-57.03-1, Additions or Alterations Requiring Minor Site Development Permits. Projects that exceed the threshold for planning staff review, as indicated in Table XI-10-57.03-1, Additions or Alterations Requiring Minor Site Development Permits.

b.

Review by Planning staff:

i.

Certain signs, in accordance with Section XI-10-24.04, Signs Subject to Review, of this Chapter.

c.

Review for certain alterations or additions to residential, nonresidential and mixed-use sites/buildings, as indicated in Table XI-10-57.03-1, Additions or Alterations Requiring Minor Site Development Permits. Please refer to Section XI-10-54, General Provisions, of this Chapter, for development standards and review procedures for types of projects not listed in Table XI-10-57.03-1.

d.

Planning Division staff may require review by the Zoning Administrator at their discretion.

Table XI-10-57.03-1

Additions or Alterations Requiring Minor Site Development Permits

Project Type	Zoning Administrator	Staf review
Accessory Buildings	A. Non-Residential and Mixed-Use Districts: 1. Accessory buildings up to 2,500 square feet in area, provided that the proposed structure is not adjacent to a residential or Mobile Home Park Overlay (-MHP) district or use, and provided that building height, parking, setback, yard coverage, Floor Area Ratio, landscaping, open space and other ordinance requirements are met. The following shall also apply: a. Accessory buildings must be located on the rear half of the lot. On corner lots, the accessory building must be set back from the adjacent street at least as far as the main building. b. Accessory buildings must be of permanent construction (no modular buildings or metal buildings) with the exception of small pre-fabricated structures for chemical storage and the like, so long as such structures are adequately screened from public rights-	A. Residential Only 1. Accessory buildings in residential districts (excluding -H Combining District), provided building height, parking, setback, yard coverage and other ordinance requirements are met. The following shall also apply: a. Accessory buildings for conditional uses in Residential R1 and R2 districts and for permitted and conditional uses in R3 and R4 districts shall comprise building materials, colors and style which complement the existing main structure. 2. Accessory dwelling units that do not meet the objective standards set forth in Subsections XI-10-13.08. B. All zones 1. Community emergency caches as defned in Subsection XI-10-2.03, Defnitions, of this Chapter are exempt. Refer to Subsection XI-10-54.08(B)(12) for performance standards.
	of-way. c. Architecture shall match that of the existing building in terms of material, colors, style, etc.
---	---	---
Building Additions	A. Non-residential and Mixed Use Districts: 1. All non-residential and mixed use building additions for legal, conforming buildings not adjacent to residential or Mobile Home Park Overlay District or use. a. Size of building addition shall not exceed 10,000 square feet or ten percent (10%) of the existing building gross foor area, whichever is less. Calculation shall cumulatively count all additions or enlargements completed since June 20, 2003. b. In addition to other development standards, the following shall also apply: i. Architecture shall match that of existing building in terms of material, colors, style, etc. ii. The height of the addition shall not exceed the height of the adjacent portion of the existing building. B. Residential Districts 1. All single-family dwellings in Hillside (- H) PUDs which are specifcally conditioned not to require Planning Commission or City Council review for building additions (refer to Section XI- 10-56, Non-Conforming Buildings and Uses, of this Chapter regarding non- conforming buildings). In addition to other development standards, the following shall also apply: a. Existing front yard paving shall be brought into conformance.	1. Residential building additions in R1 and R2 districts. 2. Residential building additions in multi- family districts up to 200 square feet. 3. All single-family dwellings in Hillside (- H) Overlay PUDs which specifcally allow for staf approval. (refer to Section XI-10- 56, Non-conforming Buildings and Uses, of this Chapter regarding non- conforming buildings). In addition to other development standards, the following shall also apply: a. Existing front yard paving shall be brought into conformance. b. The addition shall comprise building materials, colors and style which complement the existing structure. 4. Accessory dwelling units that do not meet the objective standards set forth in Subsection XI-10-13.08.
Building Color		A. Outside Hillside Combining District: 1. Color changes for all buildings so long as the proposed colors are earth tone, muted and/or compatible with the surrounding area and development.
		2. Color changes for buildings within a PUD, if proposal complies with PUD. B. Within Hillside Combining District: 1. Color changes for residences including homes within a PUD which does not specify color choices, so long as the proposed colors are earth tone, muted and compatible with the surrounding development.
---	---	---
Equipment & Service Enclosures (Trash, recycling, equipment or storage)	1. Enclosures up to 200 square feet proposed in the front half of the lot for non-residential districts. 2. Enclosures exceeding 200 square feet in size in commercial, industrial and mixed use districts and enclosures for conditional uses in residential districts. 3. Any trash enclosure adjacent to residential or Mobile Home Park Overlay (MHP) district or use. In addition to the standards listed in Subsection, 54.16(B), Trash Enclosures, of this Chapter. 4. Enclosures for noise-generating equipment (i.e. generators) may not be approved near Residential or Mobile Home Park (-MHP) overlay districts or uses.	1. Enclosures up to 200 square feet in size in commercial, industrial and mixed use districts, proposed at the rear of the building or lot and where least visible from public rights-of-way. a. Refer to Subsection XI-10-54.16(B), Trash Enclosures, of this Chapter, for standards.
Exterior Lighting	Additional light standards on-site, adjacent to residential development.	Additional light standards that complement existing development. Bollards with lights. Refer to Subsection XI-10-54.17, Lighting, of this Chapter for standards.

Project Type	Zoning Administrator	Staf review
Fences/Walls	Chain link fencing 1. Chain link fencing in commercial and industrial districts. The following standards shall apply: a. Fencing shall be at the rear or interior side of the site. b. The fencing shall consist of vinyl clad chain link with or without vinyl slats. Type of chain link fencing (i.e. deletion of vinyl clad requirement, use of slats) shall be to the discretion of the Planning Commission Subcommittee (i.e., in	All fence and wall materials, except chain link in commercial and industrial districts. Refer to Subsection XI-10-54.10, Fences and Walls, of this Chapter for standards.
	circumstances where the proposed fencing is to continue a line of existing chain link fencing). c. Fencing material and color shall be compatible with surrounding development. d. Parking lot fencing/gates shall be approved by the City's Fire Department.
---	---	---
Landscaping	Deletion. Deletion of landscaping not otherwise required by the Milpitas Municipal Code or by condition of approval exceeding 200 square feet. Requests may include the loss of any protected trees, as defned in Title X- 2.00 of the Milpitas Municipal Code, and the net reduction of on-site trees.	1. Replacement. Replacement planting of similar landscape materials and addition of landscaping. Landscaping shall comply with Ordinance 238 (water efcient landscape regulations). Landscaping within the -H overlay district shall comply with City Council Resolution No. 6066. 2. Deletion. Deletion of landscaping not otherwise required by Milpitas Municipal Code or by condition of approval up to 200 square feet. However, in non-residential and mixed uses within residential districts (excluding -H overlay district), there shall be no net reduction in the number of on- site trees, and no loss of any protected trees, as defned in Title X-2.00 of the Milpitas Municipal Code, may be approved. Exemption. Deletions permitted for groundcover and shrubs to accommodate new walkways which are required for building exiting purposes or handicap accessibility.
Minor Exterior Building Changes, Including But Not Limited to, Doors, Entryways, Patios and Patio Covers, Walkways, ATM's, Awnings, Loading Areas	A. Non-Residential and Mixed Use Districts: 1. In non-residential and mixed use districts, minor exterior building changes as described below, provided that the project complements the colors, materials and design of the building, with no loss of required parking: a. Signifcant decorative amenities within public view such as fountains, artwork or murals.	A. Non-Residential and Mixed Use Districts: 1. Minor exterior building changes as described below, provided that the project complements the colors, materials and design of the building, with no loss of required parking, no net reduction in the number of on-site trees and no loss of protected trees as defned in Title X-2.00: a. New main entryways to the building
	b. Stand alone ATMs or ATM kiosks. c. If applicable, refer to "Landscaping" Section in this table. B. Hillside (-H) Combining District: 1. Minor exterior building changes as described below, provided that the project complements the colors, materials and design of the building. a. Minor changes to architectural elements which do not change the overall design of a building. b. Windows, window awnings and person doors which match existing or which complement the building facade.	which feature architectural projections (i.e., porticos, entryway roof covers, trellises, etc.). b. Windows and doors which match existing or which complement the building facade. c. New or expanded patios, patio covers, awnings and canopies. d. Landscape deletion (i.e., shrubs and groundcovers) to accommodate new walkways which are required for building exiting purposes or handicap accessibility. e. ATM's proposed integrated into an exterior wall. f. Minor changes to architectural elements which do not change the overall design of a building. g. Replacement of windows with roll-up doors (and vice versa) when located toward the interior side or rear of a site.
---	---	---
		h. Metal canopies over equipment storage yards at the rear of commercial or industrial sites, provided they are not visible from public streets or abutting a Residential or Mobile Home Park combining district or use. i. New loading areas and revisions to existing loading areas. B. Residential Districts 1. In all residential districts (excluding -H Combining), minor exterior building changes as described below, provided that the project complements the colors, materials, and design of the building. a. Awnings, patio covers, and gazebos which comply with height, setback, and yard coverage requirements. b. Minor changes to architectural elements which do not change the overall design of a building. c. Windows and person doors, which match existing or which complement the building facade.
		2. Minor exterior building changes for residences within Hillside Overlay District PUDs, which are specifcally conditioned to allow a staf approval process for alterations subsequent to initial construction of the home.
---	---	---
Re-Roof	Change to wood shake, non tri-laminate or metal roofng material.	Change to any other roofng material, except wood shake, non tri-laminate or standing seam metal.

Project Type	Zoning Administrator	Staf review
Tenant Improvements (interior only)		When windows face streets or driveways, Planning Division staf shall ensure that windows provide a storefront experience (reducing opaque window appearances) to the extent possible.

D.

Submittal Requirements. No building permit shall be issued for a use, and no use of any parcel shall take place, in a district which is combined with the (-S) Overlay District unless those items listed below in have been submitted to and approved by the review authority or upon appeal to the City Council. Every application for Site Development Permit shall be in proper form and shall be accompanied by plans drawn to scale indicating clearly and with full dimensions the following information if applicable:

1.

Site plan — parcel dimensions in distance.

2.

Buildings and structures — their location, size, height, colors and materials.

3.

Dimensions of yards and open spaces between buildings.

4.

Fences and walls — their architectural design, location, height, colors and materials.

5.

Parking spaces — their location, number and dimensions.

6.

Access — vehicular, pedestrian and service, with points of ingress and egress and the internal circulation pattern of the parking lot area.

7.

Street dedications and improvements — existing and proposed, if any.

8.

Signs — their location, size, type of sign, types of materials and colors, and lighting method.

9.

Loading or service areas — their location and dimensions.

10.

Lighting — its architectural design, location and light patterns.

11.

Landscaping — its location, size, quantity and type of plant material.

12.

Shadow studies — drawings showing shadows of the building or structures (taken on December 22nd, between the hours of 10:00 a.m. and 2:00 p.m.).

13.

Such other data as may be required under the circumstances of the case to permit the City Council, Planning Commission, Planning Commission Subcommittee, or Planning Division staff to make the required approvals.

E.

Review Procedures.

1.

Site Development Permit.

a.

The Zoning Administrator shall hold a public hearing on said application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

b.

After conclusion of the hearing, the Zoning Administrator may approve the application, approve it subject to such conditions as the Zoning Administrator may impose, or disapprove the application.

For applications requiring City Council approval, the Planning Commission shall forward its recommendation to the City Council.

i.

The Planning Commission may impose such conditions as it deems necessary to protect the best interests of the surrounding property, of the neighborhood, and as it deems in conformity with the requirements of the General Plan.

2.

Minor Site Development Permit.

a.

f.

For Sign Programs, in addition to the findings for signs, the following additional findings shall be made, based on evidence in the public record:

i.

The provisions of the Sign Program ensure consistency in design and style of all new signs,

ii.

The provisions of the Sign Program address compatibility of the design and style of any existing signs on the building or site, and

iii.

All new signs within the Sign Program are in compliance with the design guidelines of this Chapter.

G.

Planning Commission Subcommittee or Staff Approvals. In approving any project subject to this section, the Planning Division staff or Planning Commission Subcommittee shall find all of the following:

1.

The development recognizes and respects the nature of the neighborhood and site, development patterns, materials used, and the expectations of those who will see and use the building;

2.

The development assures that modifications satisfy functional requirements, and are screened with appropriate compatible materials; and

3.

The development assures that the modification will not interfere with the privacy, quiet enjoyment or view of the surrounding properties.

4.

For projects including signs, only the following findings shall be made:

a.

The design, including lighting, scale, length and materials, of the sign is consistent with the intent of the design elements of the General Plan, any applicable Design Guidelines, respective specific plan or Site and Architectural Overlay District in which the sign is to be located;

b.

The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;

c.

The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

d.

The design and materials of the sign provide a contrast between the background and letters;

e.

If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building-mounted signs;

For projects including signs within sign programs, only the following finding shall be made:

a.

The sign conforms to the approved sign program.

H.

Appeals. An appeal of the decision by staff or on Site Development Permits or Minor Site Development Permits shall be reviewed in accordance with Section XI-10-64.05, Appeals, of this Chapter.

I.

Compliance With Conditions. Whenever a plan for the development of a building site has been the subject of a Site Development and Permit process as hereinabove specified and has been given final approval, the building and site thereafter shall be constructed and perpetually maintained in compliance with the plan in conformance to all details specified thereon and subject to all the conditions set forth in the action of approval, unless modified or amended pursuant to Section XI-10-57.03(I), Applications for Modification of or Amendment, of this Chapter. Lack of compliance shall constitute a violation of Chapter 10 (Zoning, Planning and Annexation) and the Site Development Permit.

J.

Applications for Modification of or Amendment. Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the Planning Division. The Planning Division staff shall make one of the following determinations regarding the request:

1.

Insignificant Modifications. If the Planning Division determines that the modifications are minor, the modifications may be approved administratively.

2.

Significant Modifications Without Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review but will not have public impacts or cause public concern, then the modifications shall be referred to the Planning Commission Subcommittee for consideration. If the original application for a project required a public hearing, then the Planning Commission Subcommittee review of modifications shall not require a public hearing.

3.

Significant Modifications With Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project. If the original application for a project required a public hearing, then the final decisionmaking authority's review of modifications shall require a public hearing, in accordance with Section XI-1064, Development Review Process, of this Chapter.

K.

Modifications, Suspensions and/or Revocations Initiated by the City. Refer to Section XI-10-63.06, Revocation, Suspension, Modification, of this Chapter.

(Ord. No. 38.840, § 7, 6/16/20; Ord. No. 38.834, §§ 11—15, 8/20/19; Ord. No. 38.833, § 7, 5/7/19; Ord. No. 38.803, § 9, 4/17/12; Ord. No. 38.788, § 8, 9/7/10; Ord. No. Ord. No. 38.795, §§ 37—39, 4/6/10; Ord. 38.780 (26) (part), 8/19/08)

XI-10-57.04 - Conditional Use Permits and Minor Conditional Use Permits

A.

Purpose and Intent.

1.

The purpose and intent of the Conditional Use Permit process is to provide a review of land uses which would not otherwise be permitted as a matter of right in a zoning district because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location.

The Conditional Use Permit process is intended to encourage uses to be located in a manner that is:

a.

Consistent with the City's zones;

b.

Sensitive to community and neighborhood identity; and

c.

Minimizes impacts to adjacent uses, including traffic flow; circulation; safety for vehicular and pedestrian traffic; imposition of noises, odors and health and safety hazards upon nearby residential area; provision of adequate light, air and reasonable access; securing safety from fire and other dangers; prevent overcrowding of land; facilitating adequate provision for transportation and in general, to promote the public health, safety, peace, morals, comfort and welfare; prevention of neighborhood deterioration and blight; the objectives of zoning and planning in the community and the effect upon the City's general welfare of this proposed use in relation to surrounding uses and the community. Review of a use may require the consideration of site plan issues related to the use, as well.

2.

It is the purpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the full Planning Commission. Either the Zoning Administrator or Planning staff has the authority to review Minor Conditional Use Permits. The

Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process above.

B.

Authority.

1.

Conditional Use Permits. The Planning Commission has the authority to approve Conditional Use Permits, subject to concurrent review and appeal provisions of Section XI-10-64, Development Review Process, of this Chapter.

2.

Minor Conditional Use Permits. Minor Conditional Use Permits may be approved either by the Zoning Administrator or administratively by Planning staff.

a.

Review by the Zoning Administrator. The Zoning Administrator has the authority to approve Minor Conditional Use Permits for those uses listed in the use tables of the Zoning Ordinance. Such approvals shall be subject to the concurrent review and appeal provisions of Section XI-10-64, Development Review Process, of this Chapter.

b.

Review by Planning staff. Planning staff has the authority to administratively approve Minor Conditional Use Permits for those uses listed in the use tables of the Zoning Ordinance. Such approvals shall be subject to concurrent review and appeal provisions of Section XI-10-64, Development Review Process, of this Chapter. Planning staff-level issued Minor Conditional Use Permits shall not require a public hearing or notice.

C.

Applicability.

1.

Conditional Use Permits. Conditional Use Permits are required as indicated by the use tables in Residential, Mixed Use, Commercial, Industrial, Institutional, Park and Open Space, and other land use districts of this Chapter. Conditional Use Permits are also required for the following requests:

Table XI-10-57.04-1

Use/Modifcations	As provided for in:	Notes
Height
Height. For buildings that exceed three stories or 35 feet, up to a maximum of	Table XI-10-7.03-1, Industrial Zone Development Standards and Table XI-	See Table XI-10- 57.04-2 and
six stories or 75 feet, within the MP, C2, and TC districts.	10-5.03-1 Commercial Zone Development Standards	Section XI-10- 5.04(D)(1) See footnote 1
---	---	---
Height. For buildings that exceed six stories or 85 feet within the -OO overlay district up to a maximum of eight stories or 115 feet in height.	Section XI-10-12.02, Gateway Ofce (- OO) Overlay District
Height. Permit in R2 and R3 districts, schools, hospitals, sanitariums, institutions, churches and other similar uses allowed under the use regulations of this Chapter, to be erected to a height not exceeding six stories or 75 feet, provided, that the front and side yard requirements for such buildings in the "R3" District are complied with.
Non-conforming
Nonconforming buildings and structures	Section XI-10-56.02(C), Additions to, enlargements and moving of nonconforming buildings and structures	See footnote 2
Nonconforming uses, change of use	Section XI-10-56.03, Nonconforming use of buildings and structures
Parking
Parking location	Section XI-10-53.13(A), Location of Parking
Tandem parking	Section XI-10-53.07(D), Tandem Parking Spaces and Section XI-10-53.13(B), Parking Space Size
Parking Structures	Section XI-10-53(H)(4), Parking Structures
Temporary Uses and Structures
Temporary buildings and structures	Section XI-10-13.11(H), Temporary Uses and Structures.
Other
Certain industrial uses within commercial districts	Table XI-10-5.02-1, Commercial Zone Uses.
Exceptions to performance standards	See the zoning districts use standards in XI-10-05, Residential Zones, XI-10-06,
	Mixed Use Zones, and XI-10-07, Industrial Zones.
---	---	---
Lot width reduction
Wireless telecommunications facilities	Section XI-10-13.09, Wireless Telecommunications Facilities, of this Chapter, for specifc standards and exempted facilities.

1 Properties that are located within 500 feet of the boundary of a Single Family Residential (R1) or One and Two-Family Residential (R2) zone shall not be eligible for a request for a Conditional Use Permit to allow height exceeding the maximum standard for primary buildings as shown in Table XI-10-5.03-1 - Commercial Zone Development Standards.

2 In addition, the cumulative floor area included in all such additions or enlargements since the adoption of Ord. No. 38.760 (September 17, 2002) shall not exceed thirty (30%) percent of the floor area contained in said building or structure. Floor area, for the purposes of this Subsection, shall include all habitable space associated with a residential use and shall mean gross floor area associated with any nonresidential use. These criteria are established so as not to prolong the life of the original building or structure.

a.

Other Uses. The Planning Commission may, after a public hearing, permit the following uses in districts from which they are prohibited by this Chapter where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the General Plan.

However, any of the following uses which are marked with an asterisk shall not be allowed in the designated Hillside Combining District.

i.

Helicopter pads for medical evacuation purposes.

ii.

Development of natural resources (excluding the drilling for or producing of oil, gas or other hydrocarbon substances) together with the necessary buildings, apparatus, or appurtenances incident thereto.

iii.

Library or museum, public.

iv.

Park, playground, or recreational or community center.

v.

Public utility and public service use or structure.

vi.

Radio or television transmitter.

vii.

Reverse vending machines or mobile recycling units except where the lot is being used for residential purposes.

2.

Minor Conditional Use Permits. Minor Conditional Use Permits are required as indicated by the use tables in Residential, Mixed Use, Commercial, Industrial, Institutional, Park and Open Space, and other land use districts of this Chapter.

D.

Submittal Requirements. Refer to the most recent submittal requirements required by the Planning Division.

Review Procedures.

1.

Conditional Use Permits.

a.

The Planning Commission shall hold a public hearing on said application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

b.

After the conclusion of the hearing, the Planning Commission may approve the application, approve it subject to such conditions as the Planning Commission may impose, or disapprove the application.

i.

2.

Minor Conditional Use Permits.

Review by Planning Commission Subcommittee. The Planning Commission Subcommittee shall consider a Minor Conditional Use Permit application when authorized to do so under the use tables of the Zoning Ordinance and hold a public hearing on application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

i.

After the conclusion of the hearing, the Planning Commission Subcommittee may approve the application, approve it subject to such conditions as the Planning Commission Subcommittee may impose, or disapprove the application.

a)

The Planning Commission Subcommittee may impose such conditions as it deems necessary to protect the best interests of the surrounding property, of the neighborhood, and as it deems in conformity with the requirements of the General Plan.

b)

If the Planning Commission Subcommittee members disagree on a decision for a project, then the project will be placed on the agenda for Planning Commission review, with no additional fees required.

b.

Review by Planning staff. The Planning Division shall administratively consider a Minor Conditional Use Permit when authorized to do so under the use tables of the Zoning Ordinance. Planning staff shall investigate as necessary to determine whether or not the proposed project conforms or may be conditioned to conform fully to the intent of this Chapter. No public hearing or notice shall be required for an administrative level Minor Conditional Use Permit.

If the project does not comply, a notice of correction shall be prepared and returned to the applicant. If the applicant resubmits for review and the project still does not comply with the required regulations or is not in accordance with the approved conditions of approval, the Planning Division shall deny the application.

F.

Required Findings for Conditional Use Permits and Minor Conditional Use Permits.

1.

General Findings. Approval may be granted by the appropriate decision-making body, of a Conditional Use Permit or Minor Conditional Use Permit application in accordance with this Chapter if all of the following findings are made, based on the evidence in the public record:

a.

The proposed use, at the proposed location will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare;

The proposed use is consistent with the Milpitas General Plan; and

c.

The proposed use is consistent with the Milpitas Zoning Ordinance.

In the case of a project located within a Specific Plan, the following additional finding shall be made:

d.

The proposed use is consistent with the Specific Plan.

2.

Specific Findings. In addition to the general findings required in Subsection (F)(1), above, specific findings shall be made prior to the approval of an application for a Conditional Use Permit for the following requests:

Table XI-10-57.04-2

Use/Modifcation	Specifc Finding
Height
Height. For buildings that exceed three (3) stories or thirty-fve (35) feet within the MP, C2, and TC districts.	1. The design, location, size, and bulk of the proposed building is compatible with the existing and allowed future land uses in the vicinity.
	2. The building's design provides an appropriate transition in scale to structures in adjacent residential districts.
	3. The building's design minimizes shadows on public sidewalks, public open spaces, and solar facilities on adjacent parcels through step-backs at upper levels or other design elements.
	4. The building will not create a dominating visual prominence that is incongruent with the scale and character of the neighborhood.
	5. The building meets all other development standards for the site where it is located.
Height. For buildings that exceed six (6) stories or eighty-fve (85) feet within the -OO overlay district up to a maximum of eight (8) stories or one hundred ffteen (115) feet in height.	The project exhibits exceptional architecture and aesthetic merit to warrant the excess height.
Other
Certain Industrial Uses within Commercial Districts	The site is within close proximity to industrial uses or districts and is suitable for the type and intensity of use that is proposed.
---	---

G.

Consideration of Conditional Use Permit or Minor Conditional Use Permit Pending Zoning Amendment. Upon the close of a public hearing before the Planning Commission on the question of a Zoning Amendment to change property from one zone to another, and upon favorable report thereon by the Commission, the Commission may consider such matters and regulations as are set forth in Subsection XI10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

The Commission may conditionally impose such requirements and regulations upon the subject property and use as the Commission is authorized to impose by Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and may conditionally approve Conditional Use Permits; said requirements and regulations shall be imposed and said approval shall be granted upon the express condition that said property shall be rezoned in accordance with the specific recommendation of the Planning Commission relating to zoning and shall not take effect unless and until said property is rezoned in accordance with specific recommendation of the Planning Commission and until the Ordinance amending this Chapter in accordance with the specific recommendation of the Planning Commission shall take effect.

H.

Appeals. An appeal of the action on a Conditional Use Permit or Minor Conditional Use Permit shall be reviewed in accordance with Section XI-10-64, Development Review Process, of this Chapter.

I.

Modifications Requested by the Applicant. Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the Planning Division. The Planning Division staff shall make one of the following determinations regarding the request:

1.

Insignificant Modifications. If the Planning Division determines that the modifications are minor, the modifications may be approved administratively.

2.

Significant Modifications With or Without Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project in the case of non-staff level issued permits, or to the Planning Commission in the case of staff-level issued Minor Conditional Use Permits. If the original application for a project required a public

hearing, then the final decision-making authority's review of modifications shall require a public hearing, in accordance with Section XI-10-64, Development Review Process, of this Chapter.

J.

Modifications, Suspensions and/or Revocations Initiated by the City. Refer to Section XI-10-63.06, Revocation, Suspension, Modification, of this Chapter.

K.

Approval Runs with the Land. The approval of a Conditional Use Permit or Minor Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies, unless the decision-making authority places limits on the effective time of the approval.

(Ord. No. 38.846, § 6, 10/19/22; Ord. No. 38.834, § 16, 8/20/19; Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.815, § 3, 9/2/14; Ord. No. 38.803, § 9, 4/17/12; Ord. No. 38.795, § 40, 4/6/10; Ord. 38.780 (26) (part), 8/19/08; Ord. No. 38.792, §§ 5, 6, 8/4/09)

XI-10-57.05 - Density Bonus Permits

A.

Purpose and Intent. The purpose and intent of the density bonus process is to ensure compliance with State regulations and regulations set forth in Subsection 54.15, Density Bonus for Affordable Housing Developments, of this Chapter.

B.

Review Procedures. Refer to Subsection 54.15(C), Review Requirements, of this Chapter.

(Ord. No. 38.803, § 9, 4/17/12; Ord. 38.780 (26) (part), 8/19/08)

XI-10-57.06 - Variances

Purpose and Intent.

1.

Zoning variances. The purpose and intent of the variance process is to provide relief from the substantive provisions of this Chapter when the strict application of these provisions deprives the property for which the Variance is sought of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property (including, but not limited to size, shape, topography, location or surroundings).

relief from the substantive provisions of this Chapter when the strict application of these provisions deprives the property for which the Variance is sought of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property (including, but not limited to size, shape, topography, location or surroundings).

A Variance is a permit issued by the City that sanctions deviations from the adopted Zoning Ordinance regulations related to physical standards of development, such as lot size, building setback, and height limits. A Variance may not be granted to allow a use or density not otherwise allowed within the zoning district.

2.

Sign variances. The intent of this section is to establish a procedure for granting exceptions to the strict application of the size, number, height, length and location requirements for signs within Chapter 30 (Sign Ordinance) of this title. The granting of a variance requires findings to be met based on the site's or business' unique location or orientation in order to achieve adequate sign visibility.

B.

Authority.

1.

The Planning Commission shall have approval authority of Variances relating to development within all districts other than the Hillside (-H) Overlay district.

2.

The City Council shall have approval authority, upon recommendation by the Planning Commission, of Variances relating to developments within the Hillside (-H) Overlay district.

Applicability.

1.

Zoning variances. Unless indicated otherwise by this title, a variance is required to deviate from any of the standards contained within the Zoning Ordinance.

2.

Sign variances. Unless indicated otherwise by Section XI-24, Signs, of this Chapter, a sign variance is required for the following:

a.

Any sign that exceeds the maximum standards;

b.

Any sign that exceeds the individual sign area allowed;

c.

Any business or site that exceeds the maximum sign area allowed;

d.

Any sign that exceeds the permitted sign height.

D.

Submittal Requirements. Refer to the most recent submittal requirements required by the Planning Division.

E. Review Procedures.

1.

General Procedures. The Planning Commission, or where applicable, the City Council shall be empowered to impose such conditions upon the grant of a Variance as it deems desirable and shall impose such conditions as will assure that the Variance does not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and zone in which said property is located.

2.

The Planning Commission shall hold a public hearing on each application for a Variance upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

3.

For Variances not involving the Hillside (-H) Overlay district, the Planning Commission shall review the application and render its decision.

4.

For Variances involving the Hillside (-H) Overlay, the Planning Commission shall make a recommendation to the City Council. The City Council shall hold a public hearing, with notice as required in Section XI-10-64, Development Review Process, of this Chapter, review the application and the Commission's recommendation, and render its decision.

F.

Required Findings.

1.

Zoning variances. Prior to the approval of an application for a variance, all of the following findings shall be made:

a.

Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.

b.

The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property.

c.

The required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

d.

The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

e.

The granting of a variance is consistent with the General Plan and the intent of this title.

2.

Sign variances. Prior to the approval of an application for a sign variance, all of the following findings shall be made:

a.

Special conditions and extraordinary circumstances applicable to the property involved or its intended uses, which were not created by the owner or tenant, and which do not apply generally to other properties with the same land use exist that do not allow the site or business to achieve the goals and objectives of this Chapter for adequate business identification.

b.

Literal enforcement of the provisions of the City of Milpitas the Sign Ordinance will result in unnecessary hardship inconsistent with the spirit and intent of the Sign Ordinance.

c.

The granting of the variance is not contrary to the intent of the General Plan, Zoning or Sign Ordinance, or any applicable Specific Plan and will not be contrary to, nor materially detrimental to public interest and welfare, or injurious to conforming signs in the City.

d.

The variance to be granted is one that will require the least modification of the prescribed regulation, and the minimum variance that will accomplish that purpose.

e.

The granting of a variance is not considered a grant of special privileges inconsistent with the limitations of other similarly situated properties.

G.

Appeals. An appeal of the action on any variance shall be reviewed in accordance with Section XI-10-64, Development Review Process, of this Chapter.

H.

1.

Insignificant Modifications. If the Planning Division determines that the modifications are minor, the modifications may be approved administratively.

2.

Significant Modifications with or without Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project. If the original application for a project required a public hearing, then the final decisionmaking authority's review of modifications shall require a public hearing, in accordance with Section XI-1064, Development Review Process, of this Chapter.

I.

Modifications and/or Revocations Initiated by the City. Refer to Section XI-10-63.06, Revocation, Suspension, Modification, of this Chapter.

J.

Other Review Requirements. For other general requirements related to the review of applications, such as time limits on approvals and requests for extensions of approvals, please refer to Section XI-10-64, Development Review Process, of this Chapter.

K.

Approval Runs with the Land. The approval of a variance shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. No. 38.803, § 9, 4/17/12; Ord. No. 38.788, § 9, 9/7/10; Ord. 38.780 (26) (part), 8/19/08)

Section 59 - Certificate of Occupancy

No vacant land shall be occupied or used until a Certificate of Occupancy shall have been issued by the Building Official.

(Ord. 38 (part), 3/15/55)

XI-10-59.01 - Certificate of occupancy for a building

Certificate of Occupancy for a new building or the enlargement or alteration of an existing building shall be applied for coincident with the application for a building permit; said certificate shall be issued after the request for same shall have been made in writing to the Building Official after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a Temporary Certificate of Occupancy may be issued by the Building Official for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be constructed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or Occupancy of the premises or any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

(Ord. 38 (part), 3/15/55)

XI-10-59.02 - Certificate of Occupancy for Land

Certificate of Occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that of tilling the soil and growing therein of farm garden or orchard products, and a Certificate of Occupancy shall be issued after the Application has been made, provided such use is in conformity with the provisions of these regulations.

(Ord. 38 (part), 3/15/55)

XI-10-59.03 - Certificate of Occupancy—Contents Filing—Fee

Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all the provisions and regulations of this Ordinance. A record of all certificates shall be kept on file in the office of the Building Official and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or the land affected. A fee of one dollar ($1.00) shall be charged for each extra copy of a Certificate of Occupancy, issued after the original has been furnished the owner or his agent.

59.03-1 Provided, however, no fee shall be required of the Milpitas Elementary School District, the Milpitas Fire Protection District, the Milpitas County Water District, and County Sanitation District No. 8 of Santa Clara County.

(Ord. 38.3, 7/49/56; Ord. 38 (part), 3/15/55)

XI-10-59.04 - Site Plans

All applications for a Certificate of Occupancy shall be made on a printed form to be furnished by the Building Official and shall contain accurate information and dimensions as to the size and location of the lot: the size and location of the building or structure or the lot; the dimensions of all yards and open spaces; and such other information as may be necessary to provide for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Building Official

ntain accurate information and dimensions as to the size and location of the lot: the size and location of the building or structure or the lot; the dimensions of all yards and open spaces; and such other information as may be necessary to provide for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Building Official

may require the Applicant to furnish a survey of the lot prepared by a licensed surveyor. A careful record of the original copy of such applications and site plans shall be kept in the office of the Building Official and the duplicate copy shall be kept at any building under construction at all times during construction thereof.

(Ord. 38 (part), 3/15/55)

XI-10-59.05

The issuance or granting of a Certificate of Occupancy shall not be construed to be a permit for or an approval of, any violation of this or any ordinance of the City of Milpitas. No Certificate of Occupancy purporting to violate or cancel the provisions of this or any ordinance of the City of Milpitas shall be valid except insofar as the use which it authorizes is lawful.

(Ord. 38 (part), 3/15/55)

Section 60 - Boundaries of Districts

Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made a part of this Chapter, the following rules shall apply:

XI-10-60.01 - Streets and Alleys

The district boundaries are either streets or alleys, unless otherwise shown, and where the indicated boundaries on said district map are approximately street or alley lines, said streets or alleys shall be construed to be the boundaries of such districts.

XI-10-60.02 - Lot Lines

Where the district boundaries are not shown to be streets or alleys, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the indicated boundaries on the district map are approximately lot lines, said lot lines shall be construed to be the boundaries of each district, unless said boundaries are otherwise indicated on the map.

XI-10-60.03 - Scale of Map

Where the property is indicated on the district map as acreage and not subdivided into lots and blocks or where the district boundary lines on the district map shall be determined by the scale contained on such map, and where uncertainty exists, the district boundary line shall be determined by the Commission by written decision. In the event property which is shown as acreage on the district map has been or is subsequently subdivided into lots and blocks by a duly recorded subdivision map and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is resubdivided by a duly recorded subdivision map into district map, the Commission, after notice to the owners of property affected thereby and hearing, as required in Section 62 inclusive, may interpret

divided into lots and blocks by a duly recorded subdivision map and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is resubdivided by a duly recorded subdivision map into district map, the Commission, after notice to the owners of property affected thereby and hearing, as required in Section 62 inclusive, may interpret

the district map and make minor readjustments in the district boundaries in such a way as to carry out the intent and purposes of these regulations and conform to the street and lot layout on the ground. Such interpretations or adjustments shall be by written decisions.

XI-10-60.04 - Symbol for District

Where one symbol is used on the district map to indicate the district classification of an area divided by an alley or alleys, said symbol shall establish the classification of the whole of such area.

XI-10-60.05 - Street or Right-Of-Way—Allocation Or Division

A street, alley, railroad right-of-way, watercourse, channel or body of water, included on the district map shall, unless otherwise indicated, be included within the district of adjoining property on either side thereof; and where such street, alley, right-of-way, watercourse, channel or body of water serves as a boundary between two or more different districts, a line mid-way in such street, alley, right-of-way, watercourse, channel or body of water, and extending in the general direction of the long dimension thereof shall be considered the boundary between districts.

XI-10-60.06 - Vacated street or alley

In the event a dedicated street or alley shown on the district map is vacated by ordinance, the property formerly in said street or alley shall be included within the district of the adjoining property on either side of the said vacated street or alley. In the event said street or alley was a district boundary between two or more different districts, the new district boundary shall be the former centerline of said vacated street or alley.

Section 61 - Interpretation

XI-10-61.01 - Commission's Powers

Subject to the provisions of this Chapter (including, but not limited to, the right of any aggrieved party to appeal), the Planning Commission shall be empowered to interpret, construe, and administer the provisions of this Chapter.

(Ord. 38.92, 12/6/66)

61.02 - Conflict with Other Ordinances ¶

Where this Chapter imposes a greater restriction upon the use of land, buildings or structures, or upon the height of buildings or structures, or requires larger open spaces than are imposed or required by other ordinances, rules, or regulations of the City of Milpitas or by easements, covenants or agreements, the provisions of this Chapter shall control.

(Ordinance 38.92, 12/6/66)

61.03 - Basic Rule of Construction and Administration ¶

It is the intent of the City Council that this Chapter shall be construed and administered so as to provide the City with a maximum degree of control over zoning matters (see Government Code 65800).

(Ordinance 38.92, 12/6/66)

Whether the housing which is the subject of the request will be used by an individual with a disability thereunder;

B.

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability;

C.

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;

D.

Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

E.

Potential impacts on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Other Reasonable Accommodations that may provide an equivalent level of benefit.

(Ord. No. 38.810, § 3, 12/3/13)

XI-10-62.06 - Conditions of Approval

In approving a request for Reasonable Accommodation, the Planning Division may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the criteria required by Section 10-62.05 (Criteria for Decision).

(Ord. No. 38.810, § 3, 12/3/13)

XI-10-62.07 - Post-Decision Procedures

The procedures and requirements relating to notices of decision, effective dates, permit expiration, permit revocation, and changed plans shall apply to Reasonable Accommodations as provided in Section 64 (Development Review Process).

(Ord. No. 38.810, § 3, 12/3/13)

Section 63 - Enforcement and Penalty[[26]]

Footnotes:

--- ( 26 ) ---

Editor's note— Ord. No. 38.788, § 10, adopted September 7, 2010, amended the Code by repealing former § 63, and adding a new § 63. Former § 63 pertained to similar subject matter, and derived from Ord. 38, adopted March 15, 1955; Ord. 38.92, adopted December 6, 1966; Ord. 38.600, adopted March 4, 1986; Ord. 38.706, adopted July 16, 1996; Ord. 38.761, adopted May 20, 2003; Ord. 38.776, adopted March 18, 2008; Ord. No. 38.795, adopted April 6, 2010; and Ord. 124.27, adopted August 2, 2005.

XI-10-63.01 - Enforcement

All departments, officials and public employees of the City of Milpitas vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Chapter; and any permit or any business license issued in conflict with the provisions of this Chapter shall be null and void.

(Ord. No. 38.788, § 10, 9/7/10)

XI-10-63.02 - Penalty

It shall be unlawful for any person to violate any of the provisions of this Chapter. Any person convicted of violating any of the provisions of this Chapter shall, upon conviction, be punished by a fine not-to-exceed the sum of five hundred dollars ($500) or by imprisonment in the County Jail not to exceed six (6) months or by both such fine and imprisonment. Each day that a violation of this Chapter continues shall be considered a separate offense.

Any use of a premises or a building which deviates from or violates any of the provisions of this Chapter shall be termed an illegal occupancy and the person or persons responsible therefore, shall be subject to the penalties herein provided.

(Ord. No. 38.788, § 10, 9/7/10)

XI-10-63.03 - Declaration of Public Nuisance

General. The use of any land, building or other structure hereafter established or conducted or the present use of any land, building or other structure hereafter extended or enlarged or the erection, construction, moving, conversion, remodeling or alteration of any building or other structure contrary to the provisions of this Chapter shall be and the same is hereby declared to be a public nuisance, and the Attorney for the City of Milpitas shall, upon order of the City Council, immediately commence action or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law.

2.

Signs. Any sign or structure erected, constructed, maintained, marked, posted, pasted, painted, printed, altered or repaired in violation of the provisions of the Chapter or after a permit or variance therefore has been revoked or expired is hereby found and declared to be a public nuisance subject to abatement and lien for recovery of abatement costs.

a.

Without limitation to the generality of the foregoing, any sign or structure erected, constructed, maintained, marked, posted, pasted, painted, altered or repaired:

i.

So as to be unsafe and so as to constitute an immediate peril to persons or property; or

ii.

Upon public property without written permission of the Planning Department or City Manager of the City of Milpitas.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 38.788, § 10, 9/7/10)

XI-10-63.04 - Order to Stop Work

Whenever any work is being done contrary to the provisions of this Chapter, the Building Official may order the work stopped by notice in writing served on any person engaged in the doing of such work or in the causing of such work to be done, and any such person shall forthwith stop such work until authorized in writing by the Building Official to proceed with such work.

(Ord. No. 38.788, § 10, 9/7/10)

XI-10-63.05 - Remedies Cumulative

The remedies herein contained shall be cumulative and in addition to such other remedies as provided by law. Resort to one remedy shall not preclude resort to any other remedy as may be allowed by law.

The Permit or approval is being exercised in a manner that constitutes a public nuisance; or

iii.

The application contained incorrect, false or misleading information; or

iv.

The permit or approval is being exercised in a manner which is contrary to the public health, safety and welfare.

(Ord. No. 38.788, § 10, 9/7/10)

XI-10-63.07 - Abatement Procedure

A.

Notification of Nuisance. Whenever the City Manager determines that any property within the City is being maintained contrary to one or more of the provisions of this Chapter, he or she will give written notice ("Notice to Abate") to the owner/occupant(s) of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than or equal to 30 calendar days, for correcting the violation(s) of Chapter XI-10, Zoning, for correcting the violation(s) and may also set forth suggested methods of correcting the same unless the City Manager determines that the condition constitutes a threat to the health and safety of any person, in which event, the City Manager may designate a shorter time limit for correcting the violation. Such notice shall be served upon the owner/occupant in accordance with provisions of Section XI-10-63.07(D), Notice of Hearing, of this Chapter, covering service in person or by mail.

B.

Exception for Undue Hardship. The notice shall also inform the owner/occupant (excluding an owner acting in a capacity of landlord of rental property) that, upon written request of the owner/occupant submitted within seven calendar days of the "Notice to Abate," the City Manager, in his or her sole discretion, may

allow for a time limit in excess of 30 days for correcting the violation in cases where strict enforcement of the time limit would result in an undue hardship on the owner/occupant. In the written request, the owner/occupant shall state the reasons why strict enforcement of the time limit would result in an undue hardship.

C.

Administrative Hearing to Abate Nuisance. In the event said owner/occupant shall fail, neglect or refuse to comply with the "Notice to Abate," the City Manager shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance.

D.

Notice of Hearing. Notice of said administrative hearing shall be served upon the owner/occupant not less than seven calendar days before the time fixed for hearing. Notice of the hearing shall be served in person or by certified mail to the owner/occupant's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:

NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the City Manager (or his/her designees) to ascertain whether certain property situated in the City of Milpitas, State of California, known and designated as (public right-of-way address) _______, in said City, and more particularly described as (Assessor's Parcel Number) _____ constitutes a violation or public nuisance subject to abatement pursuant to Section XI-10-63.07, Abatement Procedure, of the Milpitas Municipal Code. If said property, in whole or part, is found to constitute a public nuisance as defined in the Milpitas Municipal Code and if the same is not properly abated by the owner/occupant, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or abatement will be assessed upon such property and such costs, together with interest thereon, may constitute a special assessment or lien upon such property until paid. In addition, you may be cited for violation of the provisions of the Municipal Code and subject to an administrative fine.

Said alleged conditions consist of the following:

The method(s) of abatement are:

All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard to determine whether certain conditions constitute a public nuisance and whether such conditions shall be abated as a public nuisance.

Dated this _______ day of ____, 20.

City Manager

Time and Date of Hearing: _____

Location of Hearing: _____

E.

Administrative Hearing by City Manager or His/Her Designees. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or abatement of such property. Said hearing may be continued from time to time.

If the City Manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, abate, remove or repair the same, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. A copy of the findings and order shall be served on all owner/occupants of the subject property in accordance with the provisions of Section XI-10-63.07(D), Notice of Hearing, of this Chapter. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property. The order shall set forth the time within which such work shall be completed by the owner/occupant, in no event less than 15 calendar days.

In the event the owner/occupant fails to abate the nuisance as ordered, the City Manager shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner/occupant, as specified in Sections XI-10-63.08(A) through XI-10-63.08(E), Cost Recovery, of this Chapter. In appropriate circumstances, the City Manager shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes.

F.

Hearing Procedure Before City Manager and His/Her Designees. All hearings shall be tape recorded.

Hearings need not be conducted according to the technical rules of evidence.

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

Irrelevant and unduly repetitious evidence shall be excluded.

G.

Appeal of Decision by City Manager and His/Her Designees to the City Council. The decision of the City Manager and His/Her Designees may be appealed to the City Council in conformance with the provisions of Milpitas Municipal Code Section I-20-5.

H.

Limitation on Filing Judicial Action. Any judicial action appealing the City Council's decision and order shall be commenced within 30 calendar days of the date of service of the decision.

I.

Summary Abatement of Immediate Hazard or Obstruction. In the event of:

1.

A nuisance defined by statute, ordinance or resolution as a public nuisance which constitutes an immediate danger to persons or property;

2.

A nuisance defined by statute, ordinance or resolution as a public nuisance which is located or maintained on public property including, but not limited to, any public right-of-way, highway, sidewalk, easement, park or building; or

3.

Any obstruction or encroachment to free passage upon any public property (which is hereby declared to be a public nuisance) including, but not limited to, any public right-of-way, highway, easement, sidewalk, park or building, the City Manager may, forthwith and without notice, abate said nuisance and recover the cost of abatement as provided for in Section XI-10-63.08, Cost Recovery, of this Chapter. Summary abatement may include the temporary removal to a safe location of persons placed in immediate danger from a public nuisance. In such event, the City shall be entitled to recover all costs related to the removal, including but not limited to, storage of possessions and rental of living accommodations, as well as any other recoverable cost provided for in Section XI-10-63.08, Cost Recovery, of this Chapter.

(Ord. No. 290, § 3, 5/17/16; Ord. No. 38.788, § 10, 9/7/10)

Editor's note— Ord. No. 290, § 3, adopted May 17, 2016, amended the Code by repealing former XI-1063.07, and renumbering former XI-10-63.09—XI-10-63.13 as new XI-10-63.07—XI-10-63.11. Former XI-1063.07 pertained to administrative citation procedures, and derived from Ord. No. 38.788, adopted September 7, 2010.

XI-10-63.08 - Cost Recovery

A.

Recovery of Costs. This Section establishes procedures for the recovery of administrative costs, as well as attorneys' fees and costs, incurred by the City in the enforcement process, for the abatement of conditions defined as a nuisance or violation by Section XI-21-1.01, Administrative Citation Procedure, of this Chapter.

B.

Definition of Costs. For the purposes of this Chapter, "costs" shall mean administrative costs, including staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, testing, reports, telephone contacts, correspondence and meetings with affected parties, as well as all attorneys' fees incurred pursuant to any action, administrative proceeding, or special proceeding to abate the nuisance including, but not limited to, filing fees and fees for witnesses. Pursuant to Government Code Section 38773.5(a), where the City seeks to recover attorneys' fees at the initiation of any action or proceeding, a prevailing opposing party may recover its reasonable attorneys' fees to the extent that the amount of said fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

C.

Cost Accounting and Recovery Required. The City shall maintain records of all costs incurred by

responsible City departments associated with the enforcement process pursuant to this Chapter and shall recover the costs from the property owner/occupant as provided by this Section.

D.

Notice of Cost Recovery Requirements. The City Manager shall include in the "Notice to Abate" a statement of the intent of the City to charge the property owner/occupant for all costs incurred by the City if the violation is not corrected as required. The notice shall state that the property owner/occupant will receive at the conclusion of the enforcement case a summary of enforcement costs associated with the processing of the case.

E.

Collection of Charges. Such costs shall be recoverable as provided for in Sections XI-10-63.09(A) through XI-10-63.09(B), Record of Cost Abatement and Assessment and Lien, of this Chapter.

(Ord. No. 290, § 3, 5/17/16; Ord. No. 38.788, § 10, 9/7/10)

Note— Former XI-10-63.10. See editor's note, XI-10-63.07.

XI-10-63.09 - Lien Procedure

A.

Record of Cost of Abatement. The City Manager shall keep an account of the costs, as defined in Section XI-10-63.08(B), Definition of Costs, of this Chapter, for abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing showing the cost of abatement, including the rehabilitation or repair of said property, including any salvage value relating thereto. A copy of the same shall be posted for at least five calendar days upon such property, together with a notice of the right to appeal to the City Manager. A copy of said report and notice shall be served

upon the owner/occupants of said property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. If the owner/occupant of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located. Proof of said posting and service shall be made by affidavit filed with the City Clerk. The owner/occupant shall have 30 calendar days from the date upon which the notice is served to reimburse the City for its costs or to otherwise make arrangements for repayment as to which the City, in its sole discretion, may agree.

B.

Assessment and Lien. The total cost for abating such nuisance, as so confirmed by the City Manager, shall, upon failure to pay the costs as specified in Section XI-10-63.09(A), Record of Cost Abatement, of this Chapter, constitute a lien or special assessment pursuant to Government Code Sections 38773.1 (nuisance abatement lien), 38773.2 (graffiti nuisance abatement lien) or 38773.5 (special assessment), or 38773.6 (graffiti special assessment) against the respective lot or parcel of land to which it relates. After confirmation and recordation of a Notice of Special Assessment, a certified copy of the City Manager's decision shall be filed with the Santa Clara County Assessor's Office on or before August 1 of each year, whereupon it shall be the duty of said Assessor to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided of ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessments. Upon recordation in the Office of the County Recorder, a Notice of Lien, as so made and confirmed, shall constitute a lien on said property and from the date of recording shall have the force, effect, and priority of a judgment lien.

In the alternative, after such recordation, such lien may be foreclosed by an action brought by the City for a money judgment or by any other means provided by law.

A Notice of Lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN

(Claim of City of Milpitas)

Pursuant to the authority vested by the provisions of Section XI-10-63.03, Declaration of Public Nuisance, of the Milpitas Municipal Code, the City Manager of the City of Milpitas did on or about the _______ day of _, 20_, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property, pursuant to an order to abate issued by on; and the City Manager of the City of Milpitas did on the _______ day of _, 20, assess the cost of such rehabilitation, repair, demolition, or abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Milpitas does hereby claim a lien on such rehabilitation, repair, or abatement in the amount of said assessment, to wit; the sum of $: and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Milpitas, County of Santa Clara, State of California, owned by and more particularly described as follows (legal description):

(description)

Dated this _______ day of ____, 20.

_______

City Manager

In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the name of the agency on whose behalf the lien was imposed, the date of the abatement order, the public right-of-way address, legal description, and the name and address of the recorded owner/occupant of the property shall be recorded by the governmental agency. A nuisance abatement and the release of the lien shall be indexed in the grantor-grantee index.

(Ord. No. 290, § 3, 5/17/16; Ord. No. 38.788, § 10, 9/7/10)

Note— Former XI-10-63.11. See editor's note, XI-10-63.07.

XI-10-63.10 - Interest on Liens

A.

Amount of Interest on City Liens and Assessments—Findings. The City Council finds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon real property which are of record with the County Recorder for Santa Clara County is a necessary and appropriate exercise of the City Council's police power.

B.

Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City of Milpitas that are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent annually until the lien or assessment, including interest thereon, is paid in full.

(Ord. No. 290, § 3, 5/17/16; Ord. No. 38.788, § 10, 9/7/10)

Note— Former XI-10-63.12. See editor's note, XI-10-63.07.

XI-10-63.11 - Miscellaneous

A.

Alternative Actions Available; Violation an Infraction. Nothing in this Chapter shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Chapter constitutes an infraction, as set forth in Section I-1-4.09 of the Municipal Code. The City Manager is designated as the enforcement authority.

B.

Additional Costs of Abatement. The City Council provides that a court may order the owner/occupant of property responsible for a condition that may be abated in accordance with this Chapter to pay three times the costs of abatement pursuant to Government Code 38773.7 upon the entry of a second civil court judgment for violation of this Chapter within a two-year period.

C.

Residential Rental Housing. The notice sent to the owner/occupant of residential rental housing pursuant to Section XI-10-63.07(A), Notification of Nuisance, of this Chapter, shall contain the statement required by Health and Safety Code Section 17980 regarding the application of Revenue and Taxation Code Sections 17274 and 24436.5, which allow the Franchise Tax Board to deny state income tax deductions to taxpayers who fail to bring substandard residential rental property into compliance with this Chapter.

(Ord. No. 290, § 3, 5/17/16; Ord. No. 38.788, § 10, 9/7/10)

Note— Former XI-10-63.13. See editor's note, XI-10-63.07.

Section 64 - Development Review Process*

Prior ordinance history: Ords. 38, 38.92, 38.205, 38.542, 38.579, 38.600, 38.706 and 38.763.

XI-10-64.01 - Purpose and Intent.

This Chapter is intended to describe the general procedures for filing applications when required or permitted by this title.

(Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. 38.776 (31) (part), 3/18/08)

XI-10-64.02 - Authority for Land Use and Zoning Decisions.

Table XI-10-64.02-1 (Decision-Making Body and Role) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Ordinance.

Table XI-10-64.02-1

Decision-Making Body and Role[1]

Type of Permit or Decision	Procedures are found in:	Planning Division	Zoning Administrator	Planning Commission	City Council
Land Use Permits and other Development Entitlements
Staf Review2		Issuance		Appeal	Appeal
Conditional Use Permits	XI-10-57.04			Decision	Appeal
Development Agreements				Recommend	Decision
Minor Conditional Use Permits (Zoning Administrator)	XI-10-57.04		Decision	Appeal	Appeal
---	---	---	---	---	---
Minor Conditional Use Permits (Staf Review)	XI-10-57.04	Decision		Appeal	Appeal
Minor Site Development Permits (Zoning Administrator)	XI-10-57.03		Decision	Appeal	Appeal
Minor Site Development Permits (Staf Review)	XI-10-57.03	Decision	Appeal	Appeal	Appeal
Mobile Home Park Conversion Permit	Title XI, Chapter 20			Recommend	Decision
Planned Unit Development	XI-10-54.07			Recommend	Decision
Site Development Permits	XI-10-57.03	Decision		Appeal Recommend 3	Appeal Decision3
Special Event Permits	XI-15.03	Decision	Appeal
Variances	XI-10-57.06			Decision	Appeal
Zoning Ordinance Administration and Amendments
General Plan Amendments	XI-10-57.02			Recommend	Decision
Specifc Plan Amendments	XI-10-57.02			Recommend	Decision
Zoning Amendments	XI-10-57.02			Recommend	Decision

1[ "Recommend" means that the decision-making body makes a recommendation to a higher decision-making body; "issuance" means that] the permit is a ministerial action that is issued by the decision-making body; "decision" means that the decision-making body makes the final decision on the matter; "appeal" means that the decision-making body may consider and decide upon appeals to the decision of an earlier decision-making body. Any decision by the Zoning Administrator may be appealed to the Planning Commission and any decision by the Planning Commission may be appealed to the City Council as specified in Section XI-10-64.05, Appeals and Title I, Chapter 20, of the City's Municipal Code.

; "appeal" means that the decision-making body may consider and decide upon appeals to the decision of an earlier decision-making body. Any decision by the Zoning Administrator may be appealed to the Planning Commission and any decision by the Planning Commission may be appealed to the City Council as specified in Section XI-10-64.05, Appeals and Title I, Chapter 20, of the City's Municipal Code.

2 Includes Home Occupation Permits (Section XI-10-13.05), Minor Site Development Permits (Section XI-10-57.03) reviews requiring building permits and other reviews by Planning Division staff not requiring a building permit or review by other decision-making bodies. Any appeal shall first be to the Planning Commission. The Planning Commission's decision, in turn, may be appealed to the City Council, whose decision shall be final.

3 Refer to Section XI-10-45.09 regarding the process for projects within the "H" Hillside Overlay District.

(Ord. No. 38.834, § 17, 8/20/19; Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.788, § 11, 9/7/10; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.780 (29), 8/19/08; Ord. 38.776 (31) (part), 3/18/08)

XI-10-64.03 - Consideration of Concurrent Applications

A project that includes more than one application may be combined and processed concurrently, as long as all applicable processing requirements are satisfied. The purpose of allowing concurrent review is to consolidate final action on the project with the highest review authority responsible for making a decision on the applications for a project. The following shall apply to concurrently processed applications:

A.

Public Hearing and Nonpublic Hearing Applications. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.

B.

City Council and/or Planning Commission as Highest Review Authority. When City Council and/or Planning Commission review is required for at least one (1) of the applications for a project, the final decision on all applications shall be made by the highest review authority.

When the City Council is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the City Council.

When the Planning Commission is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the Planning Commission.

C.

Omitting Zoning Administrator Review. In order to eliminate redundant review and an unnecessary lengthening of the discretionary review process, it is appropriate to eliminate Zoning Administrator review of some applications. When combined applications are being processed for a project, and both Planning Commission and Zoning Administrator review are required, Zoning Administrator review shall be omitted and Planning Commission review substituted.

iminate redundant review and an unnecessary lengthening of the discretionary review process, it is appropriate to eliminate Zoning Administrator review of some applications. When combined applications are being processed for a project, and both Planning Commission and Zoning Administrator review are required, Zoning Administrator review shall be omitted and Planning Commission review substituted.

(Ord. No. 38.834, § 18, 8/20/19; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.776 (31) (part), 3/18/08)

XI-10-64.04 - Public Hearing

A.

Time. Time of Giving Notice. Whenever notice of hearing is required by this Chapter, it shall be given at least ten (10) calendar days before the hearing.

B.

Manner. Manner of giving notice. Whenever notice of hearing is required by this Chapter for any of the following matters, unless otherwise provided by law:

Table XI-10-64.04-1

Public Hearing Requirements

Project1	Notifcation Required Radius	Community Meeting Required2
Conditional Use Permit	1,000 feet	No
Development Agreements	300 feet	No
Environmental Impact Report	1,000 feet	No3
General Plan Amendment	1,000 feet	Yes
Mobile Home Park Conversion Permit	Within the mobile home park	Yes
Minor Conditional Use Permit4	300 feet	No
Site Development Permit	300 feet	No
Specifc Plan Amendment	300 feet	No
Variance	500 feet	No
Zoning Amendment	1,000 feet	Yes

1 Amendments to Conditional Use Permits, Development Agreements, Site Development Permits and Variances shall have the same requirements, unless otherwise noted.

2 A community meeting shall be held prior to the public hearing.

3 Follow the requirements of the California Environmental Quality Act.

4 Only for Minor Conditional Use Permits issued by the Zoning Administrator.

1.

For projects requiring a public hearing and/or a community meeting identified within Table XI-10-64.04-1, or for revocation, suspension or modification of the same, or an appeal from the action taken thereon, notice shall be given as per State of California Government Code Section 65091 and by the following:

a.

Publishing the notice in a newspaper of general circulation within the City. In addition, for General Plan amendments, Zoning amendments, Conditional Use Permits and Variances, a second notice being a quarter (¼) page advertisement shall be published in a newspaper of general circulation.

b.

Posting one (1) sign notice per 1,000 lineal feet of property street frontage in a conspicuous place on the affected property visible from the street frontage. If the affected property has no street frontage, no less than one (1) sign notice shall be required to be posted.

c.

Mailing the notice. It shall be the responsibility of the applicant to furnish the labor and materials regarding copies, postage, envelopes and labels for mailing of the notice.

i.

Mailing the notice, in accordance with Section I-20-2.02 of the Milpitas Municipal Code to all property owners and residential renters as specified in Table 10-64.04-1. The Planning Division staff shall have the discretion to require a 1,000 feet notification requirement for public hearings, if the project is deemed to be potentially controversial.

ii.

Mailing the notice, in accordance with Section I-20-2.02 of the Milpitas Municipal Code, to the owner of the subject real estate property and the applicant, respondent or appellant.

iii.

Mailing the notice, in accordance with Section I-20-2.02 of the Milpitas Municipal Code to the Milpitas Unified School District and, in addition, to any other local agency expected to provide essential facilities and services to the project and whose ability to provide said facilities and services may be significantly affected.

(Ord. No. 38.834, § 19, 8/20/19; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.776 (31) (part), 3/18/08)

XI-10-64.05 - Effective Date of Approval

Unless there is an appeal the date of approval is the date on which the decision-making body votes on the motion of approval. When there is an appeal, the date of approval is the date of the administrative vote on the motion finally determining the appeal.

(Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.780 (30), 8/19/08; Ord. 38.776 (31) (part), 3/18/08)

XI-10-64.06 - Expiration of Permit or Approvals

A.

Expiration of an Approved Application. An application approved in accordance with this Chapter shall be deemed to have expired, when either of the following occurs:

1.

When the activity permitted by the approved application is not commenced, as defined in Subsection B of this Section, Commencement of a Permitted Activity, within two (2) years, or for projects submitted with tentative maps, within the time limits of the tentative map. The time period during which a project must be commenced starts on the effective date of a decision approving a project, as defined in Section XI-1064.05, Effective Date of Approval, of this Chapter.

When the activity permitted by the approved application has lapsed, as defined in Subsection C of this Section, Lapse of a Permitted Activity.

B.

Commencement of a Permitted Activity. An activity permitted by an approved application shall be deemed to have commenced when the project:

1.

Completes a foundation associated with the project, or

2.

Dedicates any land or easement as required from the zoning action, or

3.

Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

C.

Lapse of a Permitted Activity. An activity permitted by an approved application shall be deemed to have lapsed at the following times:

1.

In accordance with Section XI-10-56.03(A)(3), Continuation, expansion and change of use, of this Chapter, regarding nonconforming uses.

2.

When that activity ceases operation and/or the business closes at such location for a period of at least one (1) year.

D.

Renewal of an Expired Application. Any approved application which has been allowed to expire shall be subject to the filing of a new application pursuant to Section XI-10-57, Applications, of this Chapter.

(Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.780 (31), 8/19/08: Ord. 38.776 (31) (part), 3/18/08)

XI-10-64.07 - Extension of Time

A.

Authority. An extension of time may be issued for approved applications by the Planning Commission.

Submittal of Extension Requests.

1.

Time Limits on Submitting Extension Requests. Unless otherwise provided by State law, extension requests for approved applications described in Section XI-10-57, Applications, of this Chapter shall only be considered if the written request for the extension is filed with the Planning Division prior to the approved application's expiration date.

2.

Method of Request. Requests for extensions shall be made in writing and shall state the reasons why an extension is needed.

C.

Processing Extension Requests. Extension requests for approved applications described in Section XI-1057, Applications, of this Chapter shall be processed in the same manner as a new application, except that the extension request shall only be reviewed by the Planning Commission or Zoning Administrator for Minor Conditional Use Permits, as the decision-making authority. A request for an extension of time may be approved, conditionally approved or denied. If approved, conditions may be added to the approved application.

D.

Circumstances Under Which Extensions May Be Granted. An extension of the approval of a project may be granted if the current findings for the specific type of permit be made by the decision-making authority.

E.

Length of extension. The Planning Commission or Zoning Administrator shall only grant a single time extension within the time period specified in the approval or for eighteen (18) months if no time is specified.

(Ord. No. 38.834, § 20, 8/20/19; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10)

Section 65 - Procedural Rules for the Conduct of Hearings

All hearings before the Planning Commission and City Council relating to zoning matters shall follow the procedures set forth in Section 3 entitled "Hearings" of Chapter 20, Title I (Standards Procedures) of the Milpitas Municipal Code. Said zoning hearings may be held in accordance with the standards established in Section I-20-3.01 entitled "Application of Chapters: Limitations." Nothing herein contained is intended to establish for zoning hearings any standard whatever greater than that required by Section 65801 of the Government Code of the State of California or by said Section 3.01 of Chapter 20, Title I of the Milpitas Municipal Code.

(Ord. 38.229, 7/5/72; Ord. 38 (part), 3/15/55)

Chapter 11 - PLANNING COMMISSION

(Repealed by Ordinance 41.8, 9/16/97)

Chapter 13 - JUNK CARS* Section 1 - Intent

In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances the City Council of the City of Milpitas hereby makes the following findings and declarations:

XI-13-1.01

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter.

(Ord. 114.2 (part), 6/15/71)

This Chapter shall not apply to:

XI-13-3.01

A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

XI-13-3.02

A vehicle or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

XI-13-3.03

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division II of the Vehicle Code and this Chapter.

(Ord. 114.2 (part), 6/15/71)

Section 4 - Procedure

This Chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City of Milpitas. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City of Milpitas, the State or any other legal entity or agency having jurisdiction.

(Ord. 114.2 (part), 6/15/71)

Section 5 - Enforcement

XI-13-5.01

Except as otherwise provided herein, the provisions of this Chapter shall be administered and enforced by the Chief of Police. In the enforcement of this Chapter, such officer and his deputies may enter upon private

or public property to examine a vehicle, or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to this Chapter.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.02

When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this Chapter.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.03

The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this Chapter.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.04

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within City, the Chief of Police shall have the authority to cause the abatement and removal thereof in accordance with the procedure described herein.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.05

A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Chapter 13, Title XI of the Milpitas Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, License Number _______, which constitutes a public nuisance pursuant to the provisions of Chapter 13, Title XI of the Milpitas Municipal Code.

you are hereby notified that the undersigned, pursuant to Chapter 13, Title XI of the Milpitas Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _______, License Number _______, which constitutes a public nuisance pursuant to the provisions of Chapter 13, Title XI of the Milpitas Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed _____ (date)

/s _____ .

Chief of Police

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle - notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle, make, model, license, etc.), you are hereby notified that the undersigned, pursuant to Chapter 13, Title XI of the Milpitas Municipal Code, has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 13, Title XI of the Milpitas Municipal Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed _____ (date)

/s/ _____ . Chief of Police (Ord. 114.2 (part), 6/15/71)

XI-13-5.06

Upon request by the owner of the vehicle or owner of the land received by the Chief of Police within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Council on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by certified mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said 10 days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.07

All hearings under this Chapter shall be held before the City Council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the said private property or public property. The City Council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.08

The City Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Chapter. It may delay the time for removal of the vehicle, or parts thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.09

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the City Council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.10

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Council, but does not appear, he shall be notified in writing of the decision.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.11

Five days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 5.10, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.12

Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle, or parts thereof, removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.13

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 5.05 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.

(Ord. 114.2 (part), 6/15/71)

XI-13-5.14

If a request for hearing is not received within 10 days after mailing of a notice of intention to abate and remove referred to in Sections 5.05 and 5.06, the Chief of Police will have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without the necessity of a public hearing. Within 10 days after the date of removal of the vehicle, or parts thereof, he shall cause a demand for said costs of removal together with any administrative costs established by the City Council in accordance with Section 5.03 to be mailed by certified mail to the owner of the land referred to in Section 5.05. Said demand shall state that if the administrative costs and the costs of removal are not paid within 30 days of the date of the demand, such costs will be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the Tax Collector for collection. Said demand shall further state that the owner of said land may appeal the assessment of costs to the City Council by filing written

notice of appeal with the City Manager within 10 days of the date of the demand in accordance with the procedure set forth in Section 5, Chapter 20, Title I of the Milpitas Municipal Code. In the event said assessment is appealed to the City Council, the Council shall proceed in accordance with the procedure set forth in Sections 5.07, 5.09, 5.10 and 5.13 of this Chapter. If no appeal is filed or if said costs are not paid within 30 days of the date of demand of the Chief of Police, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. 114.3, 12/5/72)

Section 6 - Unlawful Acts

XI-13-6.01

It shall be unlawful for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the City for a period in excess of 120 hours unless such vehicle, or parts thereof, is excluded from the operation of this Chapter by the provisions of Section 3.00 of this Chapter.

(Ord. 114.2 (part), 6/15/71)

XI-13-6.02

It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter or State law where such State law is applicable.

(Ord. 114.2 (part), 6/15/71)