Milpitas Zoning Code § 31.04 XI-1-7.02 - Utilities

(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Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov.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.

(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: _____

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)

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

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)

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)

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)

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:

A.

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)

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)

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

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)

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)

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)

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)

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)

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

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.

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

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)

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.

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.

R.

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

S.

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

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.

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.

B

"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.

"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.

amp, 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.

"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.

"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.

"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.

"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.

arage, 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.

"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.

"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.

"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.

"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).

"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.

"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.

"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.

"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.

P

"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.

"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.

S

"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.

"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.

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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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."

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

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)

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:

(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)

In addition to the foregoing district certain combining regulations are established as set forth in this Chapter, said combining regulations being as follows:

(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)

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

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.

D.

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:

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.

b.

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

R1

R2

R3

R4

R5

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.

Residential Zone Development Standards

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. No. 38.785, § 3, 4-7-09)

XI-10-4.05 - Residential Zone Special Development Standards

A.

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.

A portion of the required front yard may be paved. The width of the area that may be paved shall not exceed the width of the garage, or fifty percent (50%) of the lot width measured at the front property line, whichever is greater. Patios within the required front are included in this calculation. Walkways, which are not used for vehicular parking, do not count towards coverage limits. Exceptions may be granted by the Planning Commission after public hearing notification, per Section XI-10-64 of this Chapter, for a Site Development Permit application, as described in Section XI-10-57.03 of this Chapter. For Hillside properties, refer to Section XI-10-45 of this Chapter for additional requirements. For regulations pertaining to parking in the front yard, refer to Milpitas Municipal Code Chapter V-500.

b.

For purposes of this section, "patio" shall mean a surfaced area (concrete, brick, stone, asphalt, pavers and the like) for recreational outdoor living use, not for vehicular parking purposes, within the required front yard.

c.

For purposes of this section, "walkway" shall mean a created surface, such as brick, stone, concrete, asphalt, pavers and the like, not exceeding six (6) feet in width, intended to facilitate pedestrian or bicycle passage, and not used for vehicular parking purposes.

C.

R3 Zones.

1.

Landscape and Open Space Requirements.

a.

A minimum of twenty-five (25) percent of the total lot area (not including paved parking area) shall be landscaped or recreational open space, exclusive of parking and vehicular traffic area and this shall be shown on site plan in detail for Planning Commission approval.

b.

An average of two hundred square feet of usable open space shall be provided for each dwelling unit. "Usable open space" shall mean any open space, the smallest dimension of which is at least 4 ½ feet and which is not used as storage or for movement of motor vehicles: except that 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. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. At least thirty (30) percent of required open space shall be contiguous to and provide for private usable open space of the individual dwelling unit.

2.

On-Site Utilities Requirements.

a.

Where the allowable dwelling units exceed six (6) for a single parcel or the total area to be subdivided exceeds three (3) acres, all on-site utilities are to be placed underground.

b.

Television antennas are to be centralized for structures of four (4) or more units.

3.

Trash and Storage Areas and Areas for Collecting and Loading Recyclable Materials.

a.

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.

All outdoor storage and trash areas shall be within a completely enclosed building or behind a solid wall or tight board fence a minimum of six (6) feet in height.

D.

1.

Park and Open Space Requirements for Residential Uses.

a.

All residential projects within the Midtown Specific Plan area shall provide park land at a ratio of three and one-half (3 ½) acres per one thousand (1,000) population. Up to one and one-half (1 ½) of each three and one-half (3 ½) 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 XI-1-9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).

b.

All residential projects outside the Midtown Specific Plan area shall comply with the park land dedication provisions provided in Section XI-1-9.06 (Amount of Park Land to be Dedicated) of the Milpitas Subdivision Ordinance.

c.

A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas.

d.

Balconies and porches located above ground level with a minimum dimension of 4 ½ feet constructed for use by dwelling units shall be exempt from the usable open space dimension standards above and within in Section XI-10-2 of this chapter, and may be considered to satisfy usable open space requirements. Each dwelling unit shall be provided with private open space as follows:

i.

Balconies and porches (above ground level): minimum sixty (60) square feet; or

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.

E.

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)

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.

Single-family residential zone. The two-unit project shall be located in a single-family residential zone. For the purposes of this section, the R1 zone is the only single-family residential zoning district where a twounit project may be located.

Lot location. The two-unit project shall be located on a lot that conforms with the applicable requirements of Sections XI-1-31.04-4 through XI-1-31.04-8 of this Title.

4.

Not historic. The two-unit project shall be located on a lot that conforms with the applicable requirements of Section XI-1-31.05 of this Title.

5.

No impact on protected housing. The two-unit project shall be located on a lot that conforms with the applicable requirements of Section XI-1-31.06 of this Title.

F.

Residential unit standards.

1.

Quantity.

a.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means a dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section XI-10-04.08 of this Chapter, an ADU, or a JADU.

b.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under State law and the City's ADU Ordinance.

2.

Unit size.

a.

The total floor area of each primary dwelling that is developed on a resulting lot must be:

i.

Less than or equal to 800 square feet; and

ii.

More than or equal to 500 square feet.

b.

A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

c.

A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

3.

Demo cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

G.

Maximum height.

1.

On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

2.

On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the step-back area.

3.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

H.

Setbacks.

1.

General setbacks. All setbacks must conform to those objective setbacks that are imposed through the underlying R1 zone.

2.

Exceptions. Notwithstanding Subsection XI-10-4.08.H.1 above:

a.

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

b.

Minimum unit size. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

3.

Front setback area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be a minimum of 15 feet from the front property lines. The front setback area must:

a.

Be kept free from all structures greater than three feet high;

b.

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

c.

Allow vehicular and fire-safety access to the front structure in accordance with the City's adopted Building and Fire Safety Codes.

I.

Parking.

1.

Off-street parking requirement. Each new primary dwelling unit that is built on an existing lot or a lot created through an urban lot split must have at least one off-street parking space per unit.

2.

Exceptions. Notwithstanding Subsection XI-10-4.08.I.1 above:

a.

Proximity to transit. No additional parking is required for any new primary dwelling unit located within onehalf mile walking distance of:

i.

A corridor with fixed-route bus service or the intersection of two or more major bus routes with frequency of service intervals of 15 minutes or less during the morning and afternoon peak commute hours; or

ii.

A site that contains an existing rail or bus rapid transit station; or

b.

Proximity to car-share service. No additional parking is required for a new primary dwelling unit located within one block of a car-share vehicle location.

J.

Architecture.

1.

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2.

If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

3.

Reserved.

4.

All exterior lighting must be limited to down-lights.

5.

No window or door of a dwelling that is constructed on the lot after the urban lot split may 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.

6.

If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

K.

Landscaping.

1.

Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

a.

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.

b.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

c.

All landscaping must be drought-tolerant to conserve water used for irrigation.

L.

Non-conforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

Utilities.

1.

Each primary dwelling unit on an existing lot or the lots resulting from an urban lot split must have a separate direct water connection to the water service provider.

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.

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.

Notice of construction.

1.

At least 30 business days prior to starting any construction activities related to a structure on a lot created by an urban lot split, the property owner must provide written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

a.

Notice that construction has been authorized:

b.

The estimated start and end dates for construction:

c.

The hours of construction;

d.

Contact information for the project manager (for construction-related issues); and

e.

Contact information for the City Office of Building Safety.

2.

This notice requirement does not confer a right on the noticed persons or any others to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a project under this Chapter. This notice requirement is intended to foster neighborhood awareness and expectations.

Deed restriction. The owner must record a deed restriction, acceptable to the City of Milpitas, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b.

Expressly prohibits any non-residential use of the lots created by the urban lot split.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

Specific adverse impacts.

1.

Notwithstanding any other provisions in this section, the City may deny an application for a two-unit project 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.

2.

"Specific adverse impact" has the same meaning as in Gov. Code § 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).

3.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2.

The city may:

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.

e.

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:

Permits and Minor 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 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.

Commercial Zone Uses

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

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.

Commercial Zone Development Standards

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.

(Ord. No. 38.846, § 5, 10/19/22; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 4, 10/5/10; Ord. No. 38.792, § 4, 8/4/09; Ord. No. 38.789, § 8, 4/21/09)

XI-10-5.04 - Commercial Zone Special Development Standards

A.

All Zones.

1.

Areas for Collecting and Loading Recyclable Materials. There shall be provided areas for collecting materials in accordance with Subsection 54.12, Areas for collecting and loading recyclable materials, of this Chapter.

2.

All outdoor storage areas of such things as trash and materials shall be within a completely enclosed building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and shall not be located within any front or street side yard setback area.

3.

Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

B.

TC Zone.

1.

Setbacks for Residential Projects. Except for the Calaveras Boulevard setback, all other setbacks shall be determined through a Site Development Permit.

C.

Neighborhood Commercial (C1) Zone. Thrift stores shall comply with each of the following standards:

1.

Signage prohibiting dumping of merchandise during non-business hours shall be installed in conspicuous locations to the satisfaction of the Planning Director indicating penalties and fines for such activity. Signage shall include daytime collection hours for donated goods.

2.

A designated area inside the building shall be established for the receipt, sorting and processing of goods. Donated goods shall be accepted only inside the building and during regular business hours; no donated goods shall be left outside. Loading and unloading must take place in a designated area that shall be cleared, cleaned and maintained before closing of business each day.

3.

The storefront windows shall be permanently maintained as displays of merchandise in a professional and attractive manner (i.e., unsightly clothing racks and displays shall not be placed adjacent to the windows).

4.

Any goods or materials left outside of the store overnight shall be removed immediately upon the thrift store opening the next business day.

5.

Outdoor storage or display of donated goods or merchandise shall not be permitted.

6.

The subject property shall be maintained free of trash, debris, any all other goods at all times.

7.

Thrift stores shall not be located closer than one thousand (1000) feet from another thrift store.

D.

General Commercial (C2) and Town Center (TC) Zones.

1.

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

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

A.

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:

O

Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

2.

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.

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.