Milpitas Zoning Code § 6.02 XI-1-7.02 - Utilities

A.

Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1.

Auto service uses, including but not limited to: gasoline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glass, brakes, upholstery, and other similar types.

Local transportation service facilities (e.g. taxi, parcel service, ambulance, armored car, and van storage) without outdoor storage of vehicles.

3.

Pawnshops.

B.

Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1.

Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:

a.

Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

2.

Auto Service Uses. Auto Service uses shall comply with the following standards:

a.

All operations shall be conducted completely within an enclosed building.

b.

Entrances to the service bays shall not be open to the street but shall be designed to face the rear or interior side property line.

3.

Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops. These uses shall comply with the following standards:

a.

All operations shall be conducted completely within an enclosed building.

b.

There shall be no dust, fume, or odor either emitted from the premise.

c.

The operations shall not create excessive vibrations.

d.

The operations shall be consistent with the City's noise standards.

e.

Plumbing, metalworking, sign shops, woodworking or glass working shops shall not be closer than 1,000 feet of another same use measured from the property line.

4.

Personal Services, Business Support Services, and Repair and Cleaning-Small Items uses shall comply with the following:

a.

When located within the MXD zone:

i.

Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;

ii.

Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area.

b.

When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;

c.

They are not open past 10:00 p.m.;

d.

They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this chapter, requiring Conditional Use Permit approval or listed as a prohibited use;

e.

They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

Exceptions to the requirement for a Conditional Use Permit for such uses may be granted at the discretion of the Planning Director on a case-by-case basis, based upon a review of site-specific conditions.

5.

Group Instruction uses shall comply with the following standards:

a.

No loitering shall be permitted before or after any classes or sessions.

6.

Restaurants may be permitted provided:

a.

They have only ancillary on-premise consumption of beer and wine associated with food sales;

b.

They have no separate bar area;

c.

When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and

d.

They conform to the performance standards listed in this subsection (e) below.

If items (a) through (c) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter.

e.

Restaurant Performance Standards. Restaurants shall comply with the following performance standards:

i.

Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.

ii.

The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).

iii.

The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.

iv.

All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.

v.

Where applicable, the restaurant shall maintain an active account with a tallow hauling company.

vi.

The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:

1)

Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.

2)

Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.

3)

Double bag waste to prevent leaking.

4)

Place, do not drop or throw, waste-filled bags, to prevent leaking.

5)

Keep the ground under and around the garbage dumpsters swept.

6)

Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.

7)

Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.

Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal.

9)

All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.

7.

Retail and Offices shall comply with the following:

a.

When located within the MXD zone:

i.

Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;

ii.

Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area.

b.

When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;

c.

Reserved.

d.

They are not open past 10:00 p.m.;

e.

They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and

f.

They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.

If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

C.

Mixed Use and Residential-Only Development Projects in the NCMU and TC zones.

1.

Mixed use developments in the NCMU and TC zones shall provide commercial or active spaces designed to accommodate neighborhood-serving commercial uses at the ground level, and may include residential units. A proposed project in NCMU1, NCMU2, TC1, and TC2 shall include a minimum non-residential component in full compliance with the requirements of its zoning district as defined in section 11-10-6.04 Mixed Use Zone General Development Standards.

2.

100% affordable developments in NCMU1, NCMU2, TC1, and TC2 are exempt from the minimum nonresidential requirement.

a.

100 percent of the residential units must be affordable to low-income (earning up to 80 percent of area median income) and/or very low income (earning up to 50 percent of area median income) households, as defined by the U.S. Department of Housing and Urban Development.

b.

Affordability requirements shall be administered through a deed restriction, such as a restrictive covenant or other legally enforceable recorded instrument, for a minimum term of 55 years.

A.

Churches and religious institutions are permitted in any location within the MXD, NCMU, and TC Zones.

B.

The following quasi-public uses may be permitted within the MXD zones provided their location is first approved by the Planning Commission, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1.

Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls.

Hospitals or sanitariums.

3.

Private elementary, middle or high schools.

4.

Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.848, § 7, 11/15/22; Ord. No. 38.847, § 7, 8/16/22; Ord. No. 38.845, § 7, 6/21/22; Ord. No. 38.840, § 5, 6/16/20; Ord. No. 38.835, § 6, 3/3/20; Ord. No. 38.839, § 8, 12/3/19; Ord. No. 38.829, § 3, 6/6/17; Ord. No. 38.822, § 3, 5/5/15; Ord. No. 38.810, § 6, 12/3/13; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.795, § 22, 4/6/10; Ord. 38.784 (1)—(3), 12/16/08; Ord. 38.780 (10)—(17), 8/19/08; Ord. 38.777 (8), 6/17/08)

XI-10-6.03 - Affordable Housing

Affordable housing units should be provided in all new housing projects. Except as provided in Subsection XI-10-6.02-1(C)(2), while twenty percent (20%) is the minimum goal, affordable unit requirements will be determined on a project by project basis, taking into consideration the size and location of the project, the type of housing unit, proximity to transit and the mix of affordable units in the vicinity.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

XI-10-6.04 - Mixed Use Zone General Development Standards

A.

Standards within Specific Plan Areas. For properties located within a Specific Plan, refer to the Specific Plan for development standards. When a standard is not listed within the Specific Plan, the standards listed within the zoning ordinance shall govern.

B.

General Standards. The following minimum requirements shall be observed. The minimum requirement shall be one of the following for the district classification as designated on the zoning map.

Mixed Use Zone Development Standards

1 For MXD3 properties, density may be averaged over contiguous parcels.

2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.

3 See Note 2 above.

4 Within the MXD zone, special architectural features, such as towers or corner elements may be up to 55 ft.

NCMU Zone Development Standards

1 For NCMU3 properties, density may be averaged over contiguous parcels.

2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.

3 See Note 2 above.

4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

TC Zone Development Standards

1 For TC3 properties, density may be averaged over contiguous parcels.

2 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Planning Commission during the Site Development Permit process, taking into consideration the nature of adjacent uses.

3 See Note 2 above.

4 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have the discretion to give credit to any retained commercial areas on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

NCMU2 and TC2 Minimum Commercial Floor Area Diagram

(Image not reproduced in this text.)

C.

Multi-Family Residential Density within Mixed Use zones.

1.

MXD Standards.

a.

The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.

b.

In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

2.

MXD2 Standards.

a.

The minimum number of multi-family residential units may be reduced for parcels less than 20,000 square feet.

b.

Units with four bedrooms shall be counted as 1.5 units when calculating density.

c.

In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

3.

MXD3 Standards.

a.

Units with four bedrooms shall be counted as 1.5 units when calculating density.

b.

In buildings which have ground floor retail, restaurant, child care, or commercial service uses as allowed in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the density limits.

4.

NCMU1, NCMU2, and NCMU3 Standards.

a.

Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

TC1, TC2, and TC3 standards

a.

Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

D.

Front and Street-Side Yard Setbacks. The following standards shall apply to front and street-side yard setbacks:

1.

All MXD, NCMU, and TC zones.

a.

Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of said easement as possible.

b.

Trellises, canopies and fabric awnings may project up to five (5) into minimum front and street side setback areas and public right of ways, provided they are not less than eight (8) feet above the sidewalk.

c.

All buildings shall be oriented towards the street. Primary building entrances shall be oriented toward the street. For buildings located on a corner lots, either street primary building entrances may be oriented to either street.

2.

MXD zones:

a.

All areas.

i.

Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the minimum setback areas provided at least sixty percent (60%) of the required setback area is landscaping.

ii.

A building's first floor may be recessed from either the maximum front and street side building setback line or the specified build-to-line for the purposes of an arcade, or a small gathering/dining or special entry area.

The arcade shall have a minimum height of (8) feet, a minimum width of eight (8) feet. Other recessed areas may have maximum depth of ten (10) feet, and may not exceed forty percent (40%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the back of the sidewalk.

b.

Within the Midtown Specific Plan.

i.

The Ground Level Commercial Area (as shown on the Specific Plan Land Use Map, Figure 3.1), shall have a build-to-line that is fifteen (15) feet behind the curb. The fifteen (15) feet between the curb and the building build-to-line shall be developed with sidewalk and street trees.

c.

Outside the Midtown Specific Plan.

i.

Minimum of eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk. The sidewalk shall be based on either the existing sidewalk or assumed ten (10) foot wide sidewalk, whichever is wider.

3.

MXD2 zones:

a.

All areas.

i.

Balconies, bay windows, porches, stoops, trellises, canopies and awnings may project into the setback areas up to the property line.

ii.

A building's first floor may be recessed from the front and street side building setback line for the purposes of an arcade, outdoor dining area, or special entry area.

The arcade shall have a minimum height of (8) feet, and a minimum width of eight (8) feet. Other recessed areas may have a maximum depth of ten (10) feet, and may not exceed twenty percent (20%) of the building's street facing elevation. An entry door area up to nine (9) feet wide may be recessed up to four (4) feet from the front and street-side building setback.

b.

Within the Transit Area Specific Plan.

i.

Setbacks are defined and illustrated in the street sections of Chapter 5 of the Transit Area Specific Plan.

c.

Outside the Transit Area Specific Plan.

i.

Minimum eight (8) feet and a maximum of fifteen (15) feet from back of sidewalk.

E.

Floor Area Ratio, Non-Residential. In addition to the standards listed in Table 6.04-1 Mixed Use Zone Development Standards for MXD2 and MXD3 zoned properties, the following shall apply:

1.

A Floor Area Ratio of two and a half (2.5) for non-residential buildings may be considered for individual sites with a Conditional Use Permit, in accordance with Section 57, Conditional Uses Permitted by Commission,

of this Chapter.

2.

There are no FAR or density limits for hotels.

3.

In buildings which have ground floor retail, restaurant, child care, or commercial service uses as provided for in Table 6.02-1, Mixed Use Zone Uses, the square footage of said uses does not contribute to the FAR calculation.

4.

Buildings which include both non-residential uses and residential uses on the upper floors shall be considered "non-residential," and Floor Area Ratio standards shall apply.

F.

Landscaping. All required front and street setback areas shall be landscaped or paved to allow for outdoor seating, display or goods, or street furniture.

G.

Park and Open Space Requirements for Residential Uses.

1.

Areas within Midtown Specific Plan.

a.

All residential projects within the Midtown Specific Plan area shall provide park land at a ratio of three and one-half (3½) acres per one thousand (1,000) population. Up to one and one-half (1½) of each three and one-half (3½) total park acres required (43%) may be satisfied by the provision of private recreational areas. The remaining park land requirement must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).

b.

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.

c.

Balconies, porches, or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas. Balconies and porches located above ground level with a minimum dimension of 4½ feet constructed for use by dwelling units shall be exempt from the useable open space

dimension standards above and within Section 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.

Areas within Transit Area Specific Plan.

a.

All residential projects 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 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. Each dwelling unit shall be provided with private open space as follows:

i.

Balconies (above ground level): minimum forty (40) square feet; or

ii.

Patios and porches (at ground level): minimum fifty (50) square feet.

c.

All development projects shall dedicate land for parks if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan.

d.

All commercial development projects 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.

e.

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.

f.

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.

Areas designated NCMU and TC

a.

Park Land. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.

i.

Park Land must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).

b.

Publicly Accessible Parks and Open Spaces. All mixed use or residential only projects on sites between 3 acres and 5 acres shall dedicate 5% of total site area to publicly accessible parks and open space. All mixed use or residential only projects greater than 5 acres shall dedicate 10% of total site area to publicly accessible parks and open space. Publicly accessible parks, plazas, and open spaces provided to meet the requirement below may be counted towards the park land requirement above.

c.

Usable Open Space. A minimum of twenty-five percent (25%) of the total site shall be usable open space or recreational facilities. Usable open space may be provided as Common Open Space or Private Open Space.

5.

Areas outside Specific Plans.

a.

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

H.

Parking Summary: Requirements are located in Section 53

1.

Areas designated NCMU and TC

a.

The minimum number of parking spaces required for residential uses shall be as follows:

Studio and 1-bedroom (up to 1,100 sf): 1 per unit

2-bedroom (up to 1,1100 sf): 1.5 per unit

3 or more bedrooms and/or 1,101 sf or larger: 2 per unit

b.

The minimum number of parking spaces required for commercial uses shall be 1 space per 300 sq. ft. of commercial use.

For other parking-related standards, refer to Section 53, Off Street Parking Regulations, of this Chapter.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.828, §§ 2, 3, 2/21/17; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.785, § 5, 4/7/09; Ord. 38.777 (6) (part), 6/17/08)

Editor's note— Ord. No. 38.785, § 6, adopted April 7, 2009, amended the Code by repealing former § XI10-6.05 in its entirety. Former § XI-10-6.05 pertained to off-street vehicle and bicycle parking, and derived from Ord. 38.777, adopted June 17, 2008.

XI-10-6.06 - Special Development Standards

A.

Utilities.

1.

Utilities shall be placed in underground or subsurface conduits.

2.

All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.

3.

Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.

4.

Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

6.

Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.

7.

Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building, and be well landscaped.

8.

All telecommunications antennas shall be building facade or roof mounted and screened appropriately.

9.

On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e. "stealth" antennas) may be used.

B.

Outdoor music

1.

Outdoor music as an accessory use in conjunction with a restaurant or bar in the MXD, MXD2, MXD3, NCMU, and TC zones shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.

2.

Recorded background music may be permitted outdoors on public sidewalks and other public areas - subject to the standards of this Chapter and Title V - Public Health, Safety and Welfare, Chapter 213 Noise Abatement.

3.

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, that are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.847, § 7, 8/16/22; Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

XI-10-6.07 - Exceptions to Standards

1.

Exceptions to all but the use, floor area ratio, density, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2.

In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following two additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.803, § 7, 4/17/12; Ord. 38.777 (8) (part), 6/17/08)

XI-10-6.08 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.857, § 3, 5/6/25; Ord. No. 38.803, § 7, 4/17/12; Ord. No. 38.795, § 23, 4/6/10)

Section 7 - Industrial Zones and Standards

XI-10-7.01 - Purpose and Intent

A.

Light Industrial (M1) Zone. The M1 Light Industrial District is reserved for the construction, use and occupancy of buildings and facilities for office, research, limited and light manufacturing, and other uses compatible with the district.

B.

Heavy Industrial (M2) Zone. The M2 Heavy Industrial District is reserved for the construction, use, and occupancy of buildings and facilities for office, research, general manufacturing, warehousing and distribution and other uses compatible with the district.

C.

Industrial Park (MP) Zone. The MP District is intended to accommodate, in a park-like setting, a limited group of research, professional, packaging and distribution facilities and uses which may have unusual requirements for space, light, and air, and the operation of which are clean and quiet and which meet the standards set herein.

D.

Business Park Research and Development (BPRD) Zone. The purpose of the BPRD District is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry. The BPRD zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, warehouse, and light manufacturing uses on consolidated sites with supportive ancillary uses such as restaurants, health/fitness centers, limited retail, and child care facilities.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09)

XI-10-7.02 - Industrial Use Regulations

A.

Permitted and Conditionally Permitted Uses.

1.

Primary uses. The uses identified in Table XI-10-7.02-1, Industrial Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table XI-10-7.02-1 shall be permitted or conditionally permitted, as indicated:

O

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

2.

In the BPRD zone, all uses and activities must take place within an enclosed building.

3.

Accessory Uses. The following accessory uses are allowed when incidental to the primary use:

a.

In M1 and MP zones, incidental services, such as restaurants and recreation facilities for employee use only and when conducted in and entered from within the building or campus.

b.

Cafeterias may be permitted when ancillary to a primary use and associated with business or industrial uses.

c.

Banquet halls may be permitted with a Conditional Use Permit, in accordance with Section XI-10-57.04, when ancillary to convention centers, hotels or motels.

d.

In the BPRD, business support services, convenience retail, commercial athletic facilities, child care centers, and restaurants with or without on-site service of alcohol.

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table XI-10-7.02-1.

2.

Uses that have been excluded from Table XI-10-7.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

C.

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.

Industrial Zone Uses

1 Limited to accessory uses that support primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and convenience retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public.

2 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI-10-13.04, Adult Businesses, of this Chapter.

3 Maximum 8,000 gross square feet in size.

4 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products.

5 Consistent with the intent and purpose of the BPRD Zone to support emerging industries within the high-tech sector, manufacturing and assembling of electric vehicles and other zero-emission vehicles, and/or component parts for such vehicles, may be permitted in this zone through approval of a Minor Conditional Use Permit in accordance with Subsection 57.04 of this Chapter. Manufacturing and assembling of conventional and hybrid vehicles with internal combustion engines, as a higher-intensity industrial use, is not permitted in the BPRD Zone.

6 When conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g., chain link with slats) not less than eight feet in height.

7 Warehousing and distribution facilities up to 200,000 square feet are permitted in the BPRD Zone. Warehousing and distribution facilities that exceed 200,000 square feet may be allowed through the approval of a Conditional Use Permit, in accordance with Subsection 57.04 of this Chapter. In addition to the general required findings for a Conditional Use Permit, the following special finding must be made for approval to be granted for a warehousing and distribution facility greater than 200,000 square feet: That the proposed use will support the continued operations and/or growth of business in the high-tech sector, contributing to economic activity and employment opportunities in the Business Park Research and Development Zone.

8 Shall be ancillary to the primary use or associated with business or industrial uses.

9 State has authority over permitting process regarding public facilities.

10 Refer to Subsection XI-10-13.10, Farmers Markets, of this Chapter.

11 Includes service facilities, electric transmission and distribution substations and public utility service centers.

• 12 See Subsection XI-10-13.11(I), Temporary Public Safety Uses.

• 13 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards.

• 14 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

15 Entrances to the services bays shall not be open to the street, but shall be so designed to face the rear or interior side property line.

• 16 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships.

17 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles may be permitted subject to approval of a Conditional Use Permit. Refer also to the California Fire Code as amended by the City of Milpitas Municipal Code, Title V, Chapter 300.

18 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.848, § 8, 11/15/22; Ord. No. 38.845, § 8, 6/21/22; Ord. No. 38.837, §§ 7, 8, 11/5/19; Ord. No. 38.836, § 5, 9/3/19; Ord. No. 38.827, § 2, 2/21/17; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, §§ 24, 25, 4/6/10; Ord. No. 38.789, § 9, 4/21/09)

XI-10.7.03 - Industrial Zone General Development Standards

A.

The following minimum or maximum requirements shall be observed.

Industrial Zone Development Standards

B.

Areas of Lot Required to be Landscaped. Landscaped areas shall mean any area planted with plant material (trees, shrubs, ground cover, etc.). Landscape areas shall be exclusive of parking and vehicular traffic area (direct driveways excepted) and this shall be shown on the site plan in detail for Planning Commission approval.

The following areas shall be landscaped:

1.

Required front yard area.

2.

Required street side yard area.

This may be adjusted, by the Planning Commission, if it is found that adequate landscaping adjacent to the building(s) is provided to compensate for a reduction.

C.

Fences, Hedges and Walls. All planting, fencing and walls for new development, including but not restricted to fences and walls along rear and interior side property lines shall be approved by the Planning Commission. Modifications regarding landscaping, fencing and walls at existing developed sites shall be subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter.

D.

Utilities. All wires, pipes, cables and utility connections shall be placed in underground or subsurface conduits. All above ground transformers and vaults for new development shall be adequately screened to the approval of the Planning Commission. Modifications regarding subsurface conduits or above ground transformers and vaults at existing developed sites shall be subject to the provisions of Subsection 54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

E.

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

F.

Legal Nonconforming projects. Existing developments lawful at the time of installation or improvements which have been approved and a building permit issued prior to June 17, 1982, and installed in conformance with said approval and permit are considered legal nonconforming projects.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09)

XI-10-7.04 - Industrial Zone Special Development and Performance Standards

A.

Performance Standards. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards shall be met.

1.

Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:

a.

Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

B.

Special Development Standards in All Industrial Zones.

1.

Abutting any R District. Where any Industrial District abuts any R District, there shall be provided 100 feet between any building on an industrially zoned parcel and the nearest property line of any R District. Applicants are advised that mitigating improvements may be needed to eliminate any adverse impacts from the residences and that additional requirements may be imposed on the developer to remedy the situation.

2.

Outdoor Storage. Outdoor storage for such things as trash and materials shall be permitted only when said storage areas are suitably screened with a solid wall or tight board fence and are located at least 100 feet from any R District and not within any required front or street side yard. Said location and screening of outdoor storage areas shall be to the approval of the Planning Commission. Modifications regarding outdoor storage at existing developed sites shall be subject to the provisions of Subsection 54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

3.

Places of Assembly. Places of Assembly are prohibited in the Heavy Industrial (M2) Zone and Business Park Research and Development (BPRD) Zone. When any place of assembly use is established in an M1 or MP zone after the effective date of this Ordinance, such use shall be subject to the following requirements:

a.

Applicant shall submit a review of potential hazardous site conditions and potential exposure of site users to these conditions. At a minimum, a Phase I Environmental Site Assessment (ESA) shall be performed for each proposed assembly use within the City's Light Industrial (M1), and Industrial Park (MP) zoning

districts. Each individual project shall comply with the recommendations of the Phase I Environmental Site Assessment (which may include conducting Phase II sampling and implementing the recommendations of the Phase II ESA that may include cleanup of hazardous materials) and demonstrate that exposure of site users to hazardous materials conditions would be below established thresholds prior to approval of the Conditional Use Permit. In addition, an Accidental Release Assessment (ARA) shall be performed for each proposed assembly use within the City's Light Industrial (M1) and Industrial Park (MP) zoning districts to determine if unacceptable safety risks may result from the proposed change in use. The ARA shall review and evaluate any and all Risk Management Plans prepared for facilities in the vicinity under the California Accidental Release Prevention (CalARP) program. The environmental professional preparing the ARA shall determine, based on Alternative Release Scenarios, whether the proposed new assembly use would result in unacceptable safety risks due to proximity of uses handling or emitting acutely hazardous materials. If unacceptable risks are identified, the proposed use shall not be allowed.

b.

Applicant shall submit a further noise study. The noise study shall demonstrate that ambient noise conditions within the vicinity of the proposed assembly use do not exceed the City's "normally acceptable" Noise Compatibility Standard of 70 dBA Ldn. In the event that existing conditions exceed the "normally acceptable" standard the proposed assembly use may be required to install noise insulating materials to achieve the interior noise standard. Also as a condition of approval, proposed assembly uses shall be required to sign a disclosure of acknowledgment that they agree to operate within an existing industrial area and may be subject to noise levels that exceed the City of Milpitas's Noise Compatibility Standards for noise-sensitive uses.

c.

No assembly use shall install or otherwise use exterior public address systems or other noise generating equipment that exceeds the 70 dBA noise standard.

d.

No new structure shall be construed within the M1 or MP zoning district for use as a place of assembly and no more than 50% of the square footage of any existing structure within the M1 or MP zoning district shall be converted to use as a place of assembly.

e.

No exterior modifications to any existing structure within the M1 or MP zoning district shall be permitted if such modifications would materially alter the structure's appearance or future use as an industrial building.

C.

Special Development Standards in the MP and BPRD zones.

1.

Uses in the MP and BPRD zones shall:

a.

Emit no obnoxious, toxic or corrosive fumes or gases.

b.

Emit no odors perceptible at the property line.

c.

Emit no smoke. This does not preclude the use of backup or emergency generators.

d.

Discharge into the air no dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing.

e.

Produce no heat or glare perceptible beyond the lot boundaries.

f.

Utilize all lighting in a manner which produces no glare on public streets or on any other parcel.

g.

Produce no physical vibrations perceptible at or beyond the lot boundaries.

h.

Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standards or methods or operation established by the Nuclear Regulatory Commission. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.

i.

Do not engage in the production or storage of any material designed for use as an explosive, or in the use of such material in production.

j.

Indicate that all industrial uses shall use only gas, electricity, or preheated oil as a fuel; provided, however, that oil-burning equipment may be installed for stand-by emergency use only.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.837, § 9, 11/5/19; Ord. No. 38.827, § 3, 2/21/17; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09)

XI-10-7.05 - Special Design Standards for the BPRD Zone

A.

Building Entrances.

1.

At least one building entrance must be provided along the primary street frontage.

2.

The primary building entrance must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area and with a minimum depth of five feet.

B.

Façade Design and Articulation.

1.

Façades within 20 feet of a front or street side property line shall include windows, doors, other openings, or glazed areas for at least 40 percent of the building wall area located between 2.5 feet above the level of the sidewalk and the underside of the roof structure for portions of the façade within 75 feet of the streetfacing main entry.

2.

No street-facing façade may run in a continuous plane for more than 90 feet without an opening.

Figure 7.05-1: Façade Design and Transparency

(Image not reproduced in this text.)

3.

All building façades must incorporate window trim and/or window recesses, architectural features, changes in material, changes in texture, or similar design elements that add visual interest to the façade. This includes a varied palette of materials, textures, and colors that emphasize details and changes in plane.

C.

Pedestrian and Bicycle Circulation.

A system of pedestrian walkways shall connect all primary building entrances on a site to each other, to onsite vehicle and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops. Walkways may be located within public utility easement areas provided they are publicly accessible.

2.

Walkways between the primary building entrance and sidewalk shall be the shortest practical distance, generally no more than 125 percent of the straight-line distance.

3.

Walkways shall be hard-surfaced and paved with materials that are visually distinct from vehicular access areas in terms of composition, texture, and/or color.

4.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving appearance, material, or similar method.

5.

Where a required walkway is parallel and adjacent to a vehicle travel area, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Figure 7.05-2: On-Site Circulation

(Image not reproduced in this text.)

D.

Site Design for Large Projects. Projects over 80,000 gross square feet must provide the following:

Landscaped areas and usable outdoor common open space [see Subsection XI-10-7.05(D)(2)] equal to a cumulative 10 percent of the site area that:

a.

Provides gathering space or opportunities for active or passive recreation and benches or other seating.

b.

Provides amenities that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art.

c.

Is separated from on-site parking areas by a minimum of 6 feet.

d.

May include on-site stormwater treatment areas and landscaped areas.

2.

A minimum of 400 square feet of outdoor eating facilities for the use of employees. Outdoor eating areas shall have a minimum dimension of 12 feet and shall include tables, seating and covering to provide protection from sun and weather conditions. Employee eating areas must be contiguous with required on-

site public open space or provided in a separate area. This area may be included as part of the open space requirement.

3.

Stormwater detention facilities incorporated into the site landscaping. Refer also to Subsection VIII-5-3, Provisions for New and Rehabilitated Landscapes.

4.

A lighting, landscaping, and signage design concept for common areas. Refer also to Subsection XI-1054.17 for general lighting standards and to Subsection XI-10-24 for general signs standards.

E.

Landscaping.

1.

The following areas shall be landscaped and may count toward the total area of site landscaping required by the zoning district standards.

a.

Street-Facing Setbacks, as required in Section 10-7.03.B of this Chapter.

b.

Interior Property Lines Abutting Residential Districts. A six-foot-wide landscape buffer yard planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least 15-gallon size shall be planted per 20 linear feet or as appropriate based on canopy size at maturity to create a tree canopy over the buffer yard. In addition, at least three shrubs shall be planted per 20 lineal feet. At least 10 percent of the required trees shall be 24-inch box size.

c.

Building Perimeters. The portions of a building that face a public street or parking areas shall have one or more landscape planters, each a minimum of four feet in depth, installed along a minimum 20 percent of street-facing façades. This 20 percent may include landscape buffers located below windows and other transparent portions of the façade.

Figure 7.05-3: Landscape Planters

(Image not reproduced in this text.)

d.

Parking Areas. A minimum of 10 percent of any parking lot area shall be landscaped in the form of planted islands between rows of parking or between parking stalls. For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas.

e.

Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state.

2.

Landscaping Materials. In addition to the standards of Section VIII-5-3, Provisions for New and Rehabilitated Landscapes, the following landscape standards apply.

a.

General. Landscaping must consist of a combination of groundcovers, shrubs, vines, and trees. Landscaping may also include incidental features including stepping stones, benches, fountains,

sculptures, decorative stones, or other ornamental features, placed within a landscaped setting. Landscaped areas may include paved or graveled surfaces, provided they do not cover more than 10 percent of the area required to be landscaped.

b.

Plant selection. Plants must be selected to control erosion and provide protection from wind and summer sun.

c.

Ground Cover Materials. Ground cover shall be of live plant material. Groundcover may include grasses. Non-plant materials including gravel, colored rock, cinder, bark, and similar materials shall not be used to meet the minimum planting area requirements required by this section, except with approval by the Zoning Administrator. Mulch must be confined to areas underneath shrubs and trees and is not a substitute for ground cover plants.

d.

Turf Allowance. The maximum amount of lawn in required landscape areas shall be 20 percent except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The installation of turf on slopes greater than 25 percent is prohibited.

e.

Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of adequate size and spacing at the time of installation to provide ample vegetation coverage. Minimum requirements include:

i.

Ground Covers. Ground cover plants other than grasses must be at least the four-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 24 inches on center or less.

ii.

Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.

iii.

Trees. Tree canopies shall cover a minimum of 30 percent of the total required landscape area. Of the total number of trees provided on site, at least 20 percent shall be of the same species.

(a)

A minimum of 15 percent of the trees planted shall be 24 inch-box or greater in size. All other trees shall be a minimum of 15 gallons in size with a one-inch diameter at breast height (dbh).

(b)

Newly planted trees shall be supported with double stakes or guy wires and tree guards per International Society for Arboriculture and American National Standards Institute standards.

(c)

Any trees planted along a sidewalk shall be 15 gallon trees no more than 30 feet apart on center.

(d)

Any tree to be planted along a lot line or adjacent to a structure shall be no closer to said lot line or structure than one-half the diameter of the particular species' drip line at maturity, measured from the center of the tree. Any tree that cannot be planted in the ground shall be planted in a planter box at least twice the width and depth of the root ball plus one additional foot in container diameter for every four feet of mature tree height.

F.

Parking and Loading.

1.

Parking Location.

a.

Required parking spaces shall be located on the same lot as the use they serve.

b.

Parking areas shall be set back from adjacent buildings and streets as follows:

i.

From Streets. Where parking is located between a building and street, a landscaped setback at least 10 feet wide must be provided between the parking area and adjacent right-of-way.

ii.

From On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways at least five feet in width.

c.

On-site parking shall not be located within a required setback.

2.

Parking Design.

a.

Access. Driveways shall not exceed 35 feet in width, except that driveways providing large truck access to truck bays shall not exceed 40 feet in width. All driveways must be located a minimum of 50 feet from the boundary of an abutting residential or open space zone.

b.

Screening. Parking and loading areas shall be screened from view from public streets and properties in abutting residential, mixed-use, or commercial zones, according to the following standards.

i.

Height. Screening of parking lots from adjacent public streets shall be a minimum of three feet in height. Screening of parking lots along interior lot lines that abut residential or open space districts shall be a minimum of six feet in height.

ii.

Design. Screening should generally be opaque, but may have some degree of transparency depending on method used (e.g., plant material), and must consist of one or any combination of the methods listed below:

(a)

Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material and including a decorative cap or top finish as well as edge detail at wall ends.

(b)

Fences. An open fence of wood, wrought iron or similar high-quality, durable material combined with plant materials. This option does not include the use of chain-link or vinyl fencing.

(c)

Planting. Plant materials consisting of compact evergreen plants. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.

(d)

Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

3.

Loading Areas. Truck docks, loading areas, and service areas within 100 feet of a public street shall not be visible from the public street. The outermost point of the truck docks, loading, and service areas are not permitted within 50 feet of the boundary of a residential district.

G.

Lighting.

1.

Fixtures. All exterior lighting fixtures shall be oriented downward, fully shielded, and certified by the International Dark Sky Association to prevent light intrusion into adjacent building buildings and sensitive habitat such as riparian habitat, streams, and wetlands.

2.

Controls. All exterior lighting must be capable of accepting controls that enable dimmers, timers motion sensors, or networking to avoid unnecessary lighting and energy use, especially in areas adjacent to sensitive habitat, such as riparian habitat, streams, and wetlands.

3.

On-Site Lighting.

a.

Ground-floor building façades and other areas, including parking lots, driveways, pedestrian and bicycle circulation areas, and recesses, shall be illuminated with lighting fixtures that meet the following minimum standards:

i.

Open parking lots: One foot-candle at ground level.

ii.

Pedestrian paths/bike paths: One foot-candle at ground level.

iii.

Covered parking: Five foot-candles at ground level.

b.

Electrical elements for exterior building lighting such as wires, conduits, and panel boxes shall be concealed from public view or painted to match the background surface color.

c.

Parking lot lighting shall be designed and installed so that light and glare is not directed onto residential use areas, adjacent public rights-of-way, or sensitive habitat, such as riparian habitat, streams, and wetlands.

4.

Prohibited Lighting. The following types of exterior lighting are prohibited:

a.

Mercury vapor luminaires;

b.

Searchlights;

c.

Sky beams;

d.

Upward-directed fixtures; and

e.

Aerial lasers.

(Ord. No. 38.855, § 6, 6/18/24)

Editor's note— Ord. No. 38.855, § 6, adopted June 18, 2024, amended the Code by renumbering former § XI-10-7.05 as a new § XI-10-7.06, and adding a new § XI-10-7.05.

XI-10-7.06 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.855, § 6, 6/18/24; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, § 26, 4/6/10; Ord. No. 38.789, § 9, 4/21/09)

Editor's note— Former § XI-10-7.05. See editor's note, § XI-10-7.05.

Section 8 - Planned Development Zones and Standards

XI-10-8.01 - Purpose and Intent

The purpose of the Planned Development Zoning District is to allow diversification and flexibility in the relationships of various buildings, structures, land uses, open spaces and other features associated with large mixed-use development and to encourage flexibility of site planning and land use to create desirable environments that otherwise may not be achieved under conventional zoning requirements for large developments. The standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of modern site planning for mixed residential, commercial, or industrial purposes.

(Ord. No. 38.814, § 3, 4/15/14)

XI-10-8.02 - Planned Development Requirements

A.

Minimum Standards and Requirements.

1.

Planned Development Zoning Districts may only be established on mixed-use, commercial or industrial designated parcels on the Milpitas General Plan and Zoning Maps with a minimum size of twenty (20) acres in strict conformance with the requirements of this Section. In order to meet the minimum size of twenty (20) acres, all parcels in the proposed district shall be adjacent, contiguous, or within eight hundred (800) feet from each other.

2.

Application for a Planned Development Zoning District shall only be considered by the Planning Commission or City Council if the City receives written consent, acceptable to City, from each property owner or others, as applicable, controlling the use of all property within such proposed district.

3.

Planned Development Zoning District shall not be permitted within the Midtown or Transit Area Specific Plan areas.

4.

Application for a Planned Development Zoning District shall be processed as General Plan and Zoning amendments in accordance with this Section and Section XI-10-57.02 of this Chapter.

5.

Application for a Planned Development Zoning District shall be on an application form prescribed by the Planning Division and include each of the following:

i.

A specific development plan showing the proposed use or uses, locations of all proposed structures, vehicular and pedestrian circulation, parking, public facilities, utilities, landscaping, stormwater treatment, waste collection, open spaces, and any additional information required by the Planning Division; and

ii.

Architectural drawings, plans and renderings demonstrating the design, elevation, and character of the proposed uses and structures, and the physical relationship of the uses and structures; and

iii.

General plan and zoning consistency analysis, significant public benefit proposal, phasing proposal for development, if any, and required information and documents for environmental review; and

iv.

Current title report demonstrating current ownership interests in all of the property located in the proposed district; and

v.

Other data, information or document as required by the Planning Division to more fully understand the proposed development and its potential impact to the community.

6.

Development standards for lot coverage, floor area ratio, density, building setback, height, parking, and other requirements shall be governed by the standards of the commercial, industrial or mixed-use zoning district(s) or use most similar in nature and function to the proposed Planned Development Zoning District. Any deviation to these standards may be reviewed by the Planning Commission and approved by the City Council if these bodies find that such exception encourages a desirable environment, the proposed development will provide a significant public benefit to the community, and the deviations will not impact public health, safety and welfare.

XI-10-8.03 - Preliminary Application

A.

The Planning Director, in her/his discretion, may require an applicant to submit a preliminary application with a preliminary development plan and letter of intent for review by the Planning Commission and City Council prior to submitting an application for General Plan and Zoning amendments for a Planned Development Zoning District. The preliminary application provides an opportunity for the Planning Commission and City Council to review the conceptual development proposal and provide feedback prior to the applicant and Planning Division incurring significant time and cost. The preliminary development plan and letter of intent as part of the preliminary application shall include each of the following:

1.

Proposed land uses, building locations and square footage, density, and floor area ratio; and

2.

Proposed parks, open spaces, landscape areas, public art, and significant public benefits; and

3.

Proposed pedestrian and vehicular circulation pattern; and

4.

General project description and summary; and

5.

General Plan and zoning consistency analysis; and

Any additional data, information, or document as determined by the Planning Director to be helpful for the Planning Commission and City Council to more fully understand the conceptual development proposal.

(Ord. No. 38.814, § 3, 4/15/14)

XI-10-8.04 - Planned Development Zoning District Effectuated

A.

After a Planned Development Zoning District has been approved by the City Council, the base zoning district in effect as of the date of the application submitted to the City for a Planned Development Zoning District shall continue to apply until the Planned Development Zoning District has been effectuated by any of the following:

1.

Approval of a final map in full compliance with the Planned Development Zoning District; or

2.

Approval of a building permit in full compliance with a duly issued Site Development Permit for the Planned Development Zoning District; or

3.

Commencement of a use consistent with the Planned Development Zoning District.

B.

Except where a Planned Development Zoning District has been effectuated, the regulations for uses, lot coverage, floor area ratio, density, building setback, height, parking, and other requirements applicable to its base zoning district shall continue to apply to all property located in Planned Development Zoning District.

C.

When a Planned Development Zoning District has been effectuated, the provisions of such Planned Development Zoning District approved by the City Council shall prevail over the regulations applicable to the base zoning district.

(Ord. No. 38.814, § 3, 4/15/14)

Section 9 - Metro Area Zones and Standards

XI-10-9.01 - Purpose and Intent

A.

Metro Multi-Family High Density Residential ("R3-Metro") Zoning District. The purpose of the R3-Metro zoning district is to create and enhance high-density residential areas (densities in the range of 30 to 40

dwelling units per acre) characterized by a mix of multi-family unit types and small-scale neighborhood businesses where appropriate. The R3-Metro zone implements the Multi-Family High Density Residential (MFH) land use designation as described in the Metro Specific Plan.

B.

Metro Multi-Family Very High Density Residential ("R4-Metro") Zoning District. The purpose of the R4-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 40 to 85 dwelling units per acre) characterized by low- and mid-rise multi-family residential buildings and compatible commercial uses where appropriate. The "R4" District is intended to provide for higher-density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks. The R4-Metro zone implements the Multi-Family Very High Density Residential (VHD) land use designation as described in the Metro Specific Plan.

C.

Metro Urban Residential ("R5-Metro") Zoning District. The purpose of the R5-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 70-120 dwelling units per acre) characterized by high-rise residential buildings and compatible commercial uses structured around transit stations. The R5-Metro zone implements the Urban Residential (URR) land use designation as described in the Metro Specific Plan.

D.

Metro High Density Mixed Use ("MXD2-Metro") Zoning District. The purpose of the MXD2-Metro zoning district is to create and enhance areas with a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor and residential or office uses on upper stories, while maintaining a pedestrian-oriented streetscape (mixed-use FARs in the range of 1.0 to 2.5 and residential densities in the range of 40 to 85 dwelling units per acre). It is intended that the required active ground floor uses will ensure neighborhood-oriented retail and services are provided within walking distance of high-density residential development. The MXD2-Metro zone implements the Residential Retail Mixed Use (RRMU) land use designation as described in the Metro Specific Plan.

E.

Metro Very High Density Mixed Use ("MXD3-Metro") Zoning District. The purpose of the MXD3-Metro zoning district is to create and enhance urban areas characterized by a mix of very-high density housing, retail and employment uses (mixed-use FARs in the range of 2.5 to 5.0 and residential densities in the range of 85 to 250 dwelling units per acre). The MXD3-Metro zone implements the Boulevard Very High Density Mixed Use (BVMU) land use designation as described in the Metro Specific Plan.

F.

Metro Business Park Research and Development, Limited Residential; (BPRD-R-Metro) Zone. The purpose of the BPRD-R-Metro zoning district is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry, with limited, integrated residential development (mixed-use FARs in the range of 1.0 to 5.0). The BPRD-R-Metro zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, other light industrial uses, and

limited residential uses. It also enables the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-R-Metro zone implements the Business Park Research and Development, Limited Residential (BPRD-H) land use designations as described in the Metro Specific Plan.

G.

Metro Business Park Research and Development (BPRD-Metro) Zone. The purpose of the BPRD-Metro zoning district is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry (FARs in the range of 1.0 to 2.5, with additional FAR up to 4.0 for properties within 1,000 feet of the Milpitas Transit Center). The BPRD-Metro zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-Metro zone implements the Business Park Research and Development (BPRD) land use designation as described in the Metro Specific Plan.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.02 - Metro Area General Use Regulations

A.

Permitted and Conditionally Permitted Uses.

1.

Primary uses. The uses identified in Table XI-10-9.02-1, Metro Area Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table XI-10-9.02-1 shall be permitted or conditionally permitted, as indicated:

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 XI-10-9.02-1.

2.

The following uses are not permitted in any Metro zone:

a.

Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter.

b.

Disinfecting and extermination business.

c.

Outdoor storage of vehicles.

d.

Private self-storage facilities.

e.

Drive through uses (restaurants, pharmacies, etc.).

C.

Mixed Use Development. Where a single parcel is proposed for development with two or more of the land uses listed in Table 9.02-1, Metro Area Zone Uses at the same time, the overall project will be subject to the permit with the highest level of review required by the Table for any individual use.

D.

Residential uses on Activity Streets and Neighborhood Streets. Residential units are not allowed on the ground floor facing any right-of-way designated as an Activity Street or Neighborhood Street by the Metro Specific Plan Figure 4-6, unless allowed by Subsection 9-05.B. Other residential spaces such as lobbies and common areas are permitted on the ground floor facing an Activity Street in accordance with Table XI10-9.02-1.

E.

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.

10-13.17, Short-Term Rentals

1 Limited to accessory use that supports primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and limited retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public.

2 When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.

3 No exterior display or advertising and such activities are conducted in spaces which are integral parts of a main building.

4 Allowed with an MCS when an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed with an MCS when an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.

5 A Conditional Use Permit is required for storage space that exceeds 25,000 square feet, and in no case may storage space exceed 300,000 square feet.

6 The raising of animals or fowl for commercial purposes and the sale of any products at retail on the premises is not allowed.

• 7 For uses owned and operated by a government agency. The approval process will require that the site be re-zoned to POS.

• 8 Allowed non-residential uses to be specified through the Conditional Use Permit process.

9 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use. See also Subsection XI-10-9.03(E)(6) for additional regulations.

10 Permitted when located on the ground floor facing a public street designated as an Activity Street. Requires a Conditional Use Permit when located elsewhere.

11 "Other live entertainment" Includes but is not limited to dancing, stand-up comedy, theatrical shows, magic shows, and karaoke.

12 Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, must be fully enclosed within a building.

13 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.03 - Metro Area Special Use Regulations

A.

Personal services, convenience stores, grocery stores, retail, repair and cleaning services, private and group instruction, and financial institutions within R3-Metro, R4-Metro and R5-Metro zones may be permitted provided they are:

1.

Less than or equal to 10,000 square feet in gross floor area;

2.

Not open past 10:00 p.m.;

3.

Conducted wholly within a building, except for approved outdoor seating areas;

4.

Not specifically noted in Table XI-10-9.02-1, Metro Zone Uses, of this Chapter, requiring Conditional Use Permit approval; and

5.

Not listed as a prohibited use in Section XI-10-9.02(B), Prohibited Uses, of this Chapter.

If items (1) through (3), above, are not met, then approval of a Conditional Use Permit is required in accordance with Section 10-57.04 of this Chapter.

B.

Quasi-Public Uses. The following uses may be permitted within the MXD2-Metro and MXD3-Metro zones provided their location is first approved by the Planning staff, the Zoning Administrator, or the Planning Commission (as applicable), in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1.

Places of meeting or assembly, such as auditoriums, banquet halls, and fraternal or union halls. Churches and religious institutions are exempt from this spatial requirement.

2.

Private elementary, middle or high schools.

3.

Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.

C.

Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section 10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1.

The following uses may not be located within 1,000 feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.

a.

Vehicle Related Uses.

b.

Transportation facilities without outdoor storage of vehicles.

c.

Pawnshops.

2.

Auto Brokers. Auto Brokers are subject to the following standards:

a.

Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

3.

Art and Artisans Studios shall comply with the following standards:

a.

All operations shall be conducted completely within an enclosed building.

b.

There shall be no dust, fume, or odor either emitted from the premise.

c.

The operations shall not create excessive vibrations.

d.

The operations shall be consistent with the City's noise standards.

4.

Outdoor Music in the MXD2-Metro and MXD3-Metro zones:

a.

Outdoor music as an accessory use in conjunction with a restaurant or bar shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 a.m. to 11:00 p.m.

b.

Recorded background music may be permitted outdoors on public sidewalks and other public areas - subject to the standards of this Chapter and Title V - Public Health, Safety and Welfare, Chapter 213 Noise Abatement.

c.

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.

d.

Larger outdoor music events, both live and recorded music, which are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event

Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

e.

Minor outdoor music events, both live and recorded music, which are hosted onsite by a business with nine or fewer employees shall be exempt from applicable permit and fee requirements.

5.

Restaurant Performance Standards. Restaurants shall comply with the following performance standards:

a.

Outdoor seating is allowed if it has been approved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.

b.

Outdoor dining shall comply with the standards of Section 10-13.19 - Outdoor Dining.

c.

The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).

d.

The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.

e.

All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.

f.

Where applicable, the restaurant shall maintain an active account with a tallow hauling company.

g.

The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:

i.

Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.

ii.

Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.

iii.

Double bag waste to prevent leaking.

iv.

Place, do not drop or throw, waste-filled bags, to prevent leaking.

v.

Keep the ground under and around the garbage dumpsters swept.

vi.

Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.

vii.

Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.

Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal.

ix.

All garbage bins shall be stored in the garbage enclosure except for the 12 hours immediately before and after garbage collection.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.04 - Metro Area General Development Standards

A.

Standards within the Metro Specific Plan area. For all Metro Area properties, refer to the Metro Specific Plan for development standards. When a standard is not listed within the Metro Specific Plan, the standards listed within the zoning ordinance shall govern.

B.

General Standards. The following requirements shall be observed.

Metro Zones Development Standards

floor area excluding retail, restaurant, or service areas

1 When determining the density of non-traditional housing configurations such as group living accommodations and single-room occupancy residences, three bedrooms may be counted as the equivalent of one unit.

2 Maximum allowed FAR is based on the following sliding scale:

• 2.5 for properties farther than 3,000 ft from the Milpitas Transit Center;

• 3.0 for properties within 3,000 ft from the Milpitas Transit Center;

• 3.5 for properties within 2,000 ft from the Milpitas Transit Center;

• 4.0 for properties within 1,000 ft from the Milpitas Transit Center.

3 Within 60 feet of adjacent existing residentially zoned parcels, building height shall be stepped down to a maximum of 10 feet higher than the maximum allowed height of the adjacent parcel.

4 A maximum 50% of base footprint may reach 85 feet in height and a maximum 25% of base footprint may reach 275 feet in height.

5 Required publicly accessible open space may include one or more of the following types of public open spaces: park, plaza, garden, public sitting area.

(Ord. No. 38.855, § 7, 6/18/24)

A.

R3-Metro Zone.

1.

On-Site Utilities Requirements.

a.

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

b.

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

2.

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 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 feet in height.

B.

2023-2031 Housing Element Rezone Sites. Rezone sites are listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Table E-14. Rezone sites within the Metro Specific Plan are sites R-11 to R- 29, which all provide lower-income housing capacity (see City of Milpitas 2023-2031 Housing Element Table E-14 and Figures E-4 and E-5). On these rezone sites (sites R-11 to R-29), the following shall apply:

1.

Owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.

2.

100 percent residential use is allowed.

3.

A minimum of 50 percent of the floor area in mixed-use projects must be occupied by residential use(s).

C.

BPRD-Metro and BPRD-R-Metro zones.

1.

Fences, Hedges and Walls.

a.

All planting, fencing and walls for new development, including but not restricted to fences and walls along rear and interior side property lines shall be approved by the review authority. Modifications regarding landscaping, fencing and walls at existing developed sites shall be subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter.

b.

Temporary buffers must be installed when residential uses are developed adjacent to existing industrial uses. The buffers, which may be fences, walls, or vegetation, are subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter and must be reviewed and approved by the City Planning

Department. The temporary buffers may be removed if and when an adjacent site is redeveloped as a nonindustrial use.

2.

Utilities. All wires, pipes, cables and utility connections shall be placed in underground or subsurface conduits. All above ground transformers and vaults for new development shall be adequately screened to the approval of the review authority. Modifications regarding subsurface conduits or above ground transformers and vaults at existing developed sites shall be subject to the provisions of Subsection 54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

3.

Loading dock/doors. A maximum of two loading docks are allowed for any single project and must be located out of view from the primary abutting right-of-way.

4.

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

5.

Legal Nonconforming projects. Existing developments lawful at the time of installation or improvements which have been approved and a building permit issued prior to June 17, 1982, and installed in conformance with said approval and permit are considered legal nonconforming projects.

6.

Uses in the BPRD-Metro and BPRD-R-Metro zones shall:

a.

Emit no obnoxious, toxic or corrosive fumes or gases.

b.

Emit no odors perceptible at the property line.

c.

Emit no smoke.

d.

Discharge into the air no dust or other particulate matter created by any industrial operations or emanating from any products stored prior or subsequent to processing.

e.

Produce no heat or glare perceptible beyond the lot boundaries.

f.

Utilize all lighting in a manner which produces no glare on public streets or on any other parcel.

g.

Produce no physical vibrations perceptible at or beyond the lot boundaries.

h.

Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standards or methods or operation established by the Nuclear Regulatory Commission. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.

i.

Do not engage in the production or storage of any material designed for use as an explosive, or in the use of such material in production.

j.

Indicate that all industrial uses shall use only gas, electricity, or preheated oil as a fuel; provided, however, that oil-burning equipment may be installed for stand-by emergency use only.

D.

Equipment and Screening in all Metro Zones.

1.

Trash enclosures and utility equipment (mechanical, electrical, and plumbing) may not be located within the front setback. Public utilities are excluded from this requirement.

2.

All exterior equipment and enclosures shall be screened or incorporated into the design of buildings so as not to be visible from public rights of way or public spaces.

3.

See also Subsection 54.16 - Trash Enclosures, Equipment and their Screening for standards related to equipment and screening.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.06 - Metro Area Special Design Standards

A.

All residential and residential mixed-use development must comply with the Milpitas Residential and MixedUse Objective Design Standards in addition to the standards of this Subsection 10-9.06. Where standards of this Subsection conflict with those of the Objective Design Standards, the Objective Design Standards supersede.

B.

All non-residential development in the BPRD-R-Metro, BPRD- Metro zones must comply with the standards of Section 10-7.05, Special Design Standards for the BPRD Zone in addition to the standards of this Subsection 10-9.06. Where standards of this Subsection conflict with those of Section 10-7.05, the more restrictive standard applies.

C.

Block Length.

1.

Blocks may not exceed 700 feet in length.

2.

Blocks more than 500 feet in length must incorporate a mid-block pedestrian and bicycle through connection.

D.

Building Articulation.

1.

In the R3-Metro, R4-Metro and R5-Metro zones, the third floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.

2.

In the MXD2-Metro and MXD3-Metro zones, the fourth floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.

3.

In the BPRD-R Zone, the fifth floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.

Figure 9.06-1: Building Step-Back

(Image not reproduced in this text.)

4.

Non-residential building façades over 80 feet in length shall break up long street walls through at least two of the following features: recesses a minimum six feet in depth; awnings; colonnades; projections a minimum four feet in depth; step-backs a minimum six feet in depth; window reveals; cornice treatment; and changes in color and material.

5.

Non-residential building height must vary such that the building has at least one change in height of at least one story. This may be achieved through changes in pitch, plane, orientation, a change in the number of stories, differentiated forms, projections and recesses and/or special architectural features such as towers.

E.

Ground Floor Commercial Design Standards. On retail mixed use streets, and in any other areas with ground floor retail, restaurant, and commercial service uses, the following standards apply:

1.

Ground floor spaces shall be a minimum of 60 feet in depth for a minimum of 50 percent of the space, and a minimum of 40 feet in depth for any remaining space.

2.

Floor to Ceiling Height.

a.

Retail: Minimum 18 feet floor-to-floor and a minimum 14 feet clear.

b.

Office: Minimum 14 feet.

Building Entrances. There shall be at least one entrance per 100 feet of building frontage and the main entrance may not face a parking lot.

4.

Wall Plane Articulation. Windows, doors, columns, and other features shall be recessed or project forward, such that there is a six-inch difference between wall and window surfaces and a total of at least eighteen inches from the window to the outermost plane of a wall or column.

5.

Floor Elevation. Ground floor elevation shall be no more than two feet above or below the sidewalk level.

F.

Building Materials.

1.

Ground Floor Materials. All ground floor exterior materials shall be durable, quality materials, such as glass, concrete, precast concrete, aluminum and high quality metal panels, composite panels, stone, and stucco.

2.

Non-residential Building Materials. Primary building materials in all non-residential construction shall store carbon (e.g., wood, calcium carbonate-based cementitious substances, synthetic limestone).

3.

Glass Materials. Glass types shall be clear glass, frit glass, sandblasted glass, spandrel glass, or channel glass. Glazing should provide a high degree of light transmittance and be non-reflective.

4.

Roofing Materials. Roof design and materials shall include vegetated roofs, high-albedo built-up roofs, high albedo single-ply roofing, metal, terracotta tile, concrete tile, composite concrete tile, skylights, solar collectors, and photovoltaics.

5.

Window Materials. Vinyl-frame windows and doors are prohibited. Wood-framed windows must have metal or fiberglass cladding on the exterior. Metal-frame windows must be thermally broken.

G.

Unit Design.

1.

A minimum of 10 percent of units in any single residential project shall be designed to be accessible to all users using the principles of Universal Design.

2.

Public plazas shall be constructed with ADA-compliant ramps and tactile warning strips at the crosswalks. Equipment and facilities such as tables, trash cans, restrooms, and drinking fountains should allow for universal access, including people of all ages and ability levels.

H.

Landscaping and Site Design.

1.

All development projects shall include on-site vegetated stormwater treatment and landscaping and shade trees at a rate of one tree per 5,000 square feet of the residential building footprint and one tree for every 10,000 square feet of developed lot area for non-residential or mixed-use development.

2.

Where a creek runs under a site, the applicant must coordinate with the City Planning Department to daylight the waterway as part of the site design.

3.

All applicants shall also reference the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook.

I.

Parks and Publicly Accessible Open Spaces.

1.

All development projects shall dedicate land for parks if a park is shown on the subject property on Figure 2-16: Existing and Proposed Parks, of the Metro Specific Plan.

2.

Privately-owned public open space must remain accessible and open to the public during business hours. Private single-access gates are prohibited.

3.

The Recreational Value System as described in the Metro Specific Plan Section 2.8, Parks and Public Spaces Framework, shall be used to ensure park improvements provide a diversity of active, contemplative, and social gathering experiences.

4.

Parks must be bordered by a public right-of-way such as a street, trail or railroad, on at least three sides, and must be clearly visible and accessible from all abutting rights-of-way.

5.

Small neighborhood-serving parks less than one-quarter acre must be located a minimum 500 feet from Montague Expressway, the Great Mall Parkway, or any rail line.

6.

Seating shall be provided in all publicly-accessible open spaces. Seating may include both moveable and fixed seating as well as seat walls, steps, boulders, and other multi-use objects and must be placed along pathways and within or near gathering spaces.

J.

Common and Private Open Spaces.

1.

Private open spaces may take the form of balconies, patios, gardens, porches, decks, or roof decks.

2.

Usable open space surfaces may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing, and may not exceed 10 percent slope.

3.

Universal access shall be provided to all rooftop amenities. An accessible path to a publicly accessible restroom on an adjacent floor or at the rooftop level shall be provided for any common outdoor open space on the rooftop.

4.

A minimum of 10 percent of common rooftop open spaces shall be landscaped using green roofs or planters.

K.

Parking Design. Where parking is required or proposed, it must comply with the following:

1.

Parking location. Off-street parking must be located in:

a.

Ground-floor "tuck-under" individually secured garages;

b.

Shared garages (podium or underground); or

c.

Above-ground structures "wrapped" with habitable uses.

2.

Tandem Parking. Tandem parking may be provided in accordance with the following:

a.

No more than two vehicles may be placed one behind the other.

b.

Both spaces shall be assigned to a single dwelling unit or to employees of the same non-residential establishment.

c.

Each tandem parking bay must be a minimum 40 feet in length by 10 feet in width.

3.

Ground-level visibility.

a.

Individually secured garages. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right-of-way, garages shall occupy no more than 50 percent of the frontage of each unit.

Figure 9.06-2: Individual Garages

(Image not reproduced in this text.)

b.

Structured parking. Structured parking may not be located along the ground-level building frontage unless the parking is:

i.

Recessed a minimum of four feet from the rest of the building façade and screened with a living wall or textured or decorative screening; or

ii.

Designed such that the parking area is located in a basement, where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches.

Figure 9.06-3: Structured Parking Ground Level

(Image not reproduced in this text.)

4.

Upper-level visibility. All upper-level street-facing structured parking must be screened from view from the right-of-way by at least one of the following features:

a.

Regular openings designed to resemble windows of habitable spaces that do not reflect the sloping floor lines of interior parking ramps on the façade;

b.

A trellis or living wall; or

c.

Textured or decorative screening.

5.

Vehicle access. Parking must comply with the following standards:

a.

A maximum of one driveway to shared parking is permitted on street frontages up to 120 feet in length; a maximum of two shared driveways are permitted on street frontages exceeding 120 feet in length.

b.

Controlled entrances to shared parking facilities (i.e., gates, doors, etc.) shall be located a minimum of 10 feet from the back of sidewalk.

c.

Vehicular entrances to parking areas shall be a minimum of 80 horizontal feet from vehicular entrances to parking areas on adjacent properties.

d.

Mechanical parking lifts are allowed in all structured parking configurations.

Figure 9.06-4: Parking Access

(Image not reproduced in this text.)

6.

Parking separation. Parking for residential units shall be physically separated from parking for nonresidential uses through a controlled fence, gate, or other barrier.

L.

Pedestrian and Bicycle Circulation.

1.

A system of pedestrian walkways shall connect all primary buildings entrances on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops.

2.

Walkways shall be the shortest practical distance between the primary building entrance and sidewalk, generally no more than 125 percent of the straight-line distance.

3.

Walkways must link the entrances with on-site open spaces, on-site services, and other internal facilities.

4.

Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.

5.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving material, or similar method.

6.

Where a required walkway is parallel and adjacent to a vehicle travel area, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

M.

Utilities.

1.

Utilities shall be placed in underground or subsurface conduits.

2.

All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.

3.

Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.

4.

Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

5.

Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

6.

Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.

Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building and be well landscaped.

8.

All telecommunications antennas shall be building façade or roof mounted and screened appropriately.

9.

On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e., "stealth" antennas) may be used.

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.07 - Affordable Housing

Affordable housing units should be provided in all new housing projects consistent with Title XII, Chapter 1 (Affordable Housing Ordinance).

(Ord. No. 38.855, § 7, 6/18/24)

XI-10-9.08 - Exceptions to Standards

1.

Exceptions to all but the use, floor area ratio, density, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2.

In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

c.

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. No. 38.855, § 7, 6/18/24)

Section 10 - Institutional Zone and Standards

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 38.789, § 11, adopted April 21, 2009, amended the Code by repealing former Section 10, XI-10-10.01—XI-10-10.07, and adding a new Section 10. Former Section 10 pertained to the "I" Institutional District, and derived from Ord. 38.770, adopted January 2, 2007.

The purpose and intent of the Institutional District is to encourage the orderly development of public service and educational uses in the community and to ensure their presence as a vital part of the neighborhood balance.

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.02 - Institutional Use Regulations

A.

Permitted and Conditionally Permitted Uses. The uses identified in Table 10.02-1, Institutional Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 10.02-1 shall be permitted or conditionally permitted as indicated:

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table 10-10.02-1, Institutional Zone Uses.

Uses that have been excluded from Table 10.02-1, Institutional Zone Uses, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

C.

Other Uses. Any other uses, may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Institutional Zone Uses

Table 10.02-1

Institutional Zone Uses

1 State has authority over permitting process regarding public facilities.

2 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

3 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

(Ord. No. 38.845, § 9, 6/21/22; Ord. No. 38.836, § 6, 9/3/19; Ord. No. 38.795, § 27, 4/6/10; Ord. No. 38.789, § 11, 4/21/09)

XI-10-10.03 - General Development Standards

A.

Table 10.03-1, Institutional Zone Development Standards, lists development standards required for projects in public zones.

Institutional Zone Development Standards

(Ord. No. 38.789, § 11, 4-21-09)

A.

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

(Ord. No. 38.789, § 11, 4-21-09)

XI-10-10.05 - Conformance with Specific Plans

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.795, § 28, 4/6/10)

Section 11 - Specific Plan Areas

XI-10-11.01 - Purpose and Intent

The purpose of this chapter is to explain the relationship between the Zoning Ordinance and any adopted Specific Plans. A specific plan is a document designed to implement the goals and policies of the General Plan. A specific plan is intended to establish the nature, character, and location of activities and development; to guide the orderly growth; to more specifically define the nature of development and the physical framework; and to provide a basis for future implantation actions within a specific geographic area.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.02 - Applicability

The provisions in this section shall apply to all areas for which a specific plan has been prepared and adopted by the City Council.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.03 - Adoption and Amendment of Specific Plans

Adoption and/or amendment of a specific plan shall occur in accordance with the provision for specific plans and specific plan amendments described in Section XI-10-62.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.04 - Relationship Between Specific Plans and Zoning Ordinance

The adopted specific plan shall operate as the zoning regulations for the subject property. Where standards are not listed within the specific plan, the Zoning Ordinance shall regulate.

(Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.05 - Adopted Specific Plans

As of the date of the adoption of this Zoning Ordinance, the following specific plans have been adopted by the City. Complete specific plans are provided as a separate appendix to this chapter or are included herein.

Table XI-10-11.05-1 Adopted Specific Plans

(Ord. No. 38.799, § 2, 4.19.11; Ord. 38.780 (18), 8/19/08; Ord. 38.777 (11) (part), 6/17/08)

XI-10-11.06 - Conformance with Specific Plans

A.

Midtown Specific Plan.

1.

The Midtown Specific Plan policies, as well as the Design Guidelines and Standards set forth in Chapter 8 of the Plan, shall apply to all properties within the Midtown area if any one (1) or more of the following occurs:

a.

Whenever a new building is constructed, regardless of size;

b.

Whenever the use of an existing building is expanded or changed to a use requiring fifty (50) percent or more off-street parking spaces, as determined by the City's adopted parking standards; or

c.

Whenever an existing building is increased in gross floor area by ten (10) percent of the existing gross floor area or is enlarged by five hundred (500) or more square feet, whichever is less (all additions or enlargements completed since May 2, 2002 shall be totaled).

If exterior building or site improvements (including signage) are proposed that do not fall under Subsections (a) through (c) above, such improvements shall be designed to conform to the Transit Area policies, guidelines and standards applicable to the improvements, without requiring additional Transit Area-related improvements to be imposed.

2.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

B.

Transit Area Specific Plan.

1.

The Transit Area Specific Plan policies, including policies for specific subdistricts in Chapter 4 and the Development Standards and Design Guidelines set forth in Chapter 5 of the Plan, shall apply to all properties within the Transit Area if any one (1) or more of the following occurs:

a.

Whenever a new building is constructed, regardless of size;

b.

Whenever the use of an existing building is expanded or changed to a use requiring fifty (50) percent or more off-street parking spaces, as determined by the City's adopted parking standards; or

c.

Whenever an existing building is increased in gross floor area by ten (10) percent of the existing gross floor area or is enlarged by five hundred (500) or more square feet, whichever is less (all additions or enlargements completed since the adoption of the Specific Plan June 3, 2008 shall be totaled).

If exterior building or site improvements (including signage) are proposed that do not fall under Subsections (a) through (c) above, such improvements shall be designed to conform to the Transit Area policies, guidelines and standards applicable to the improvements, without requiring additional Transit Area-related improvements to be imposed.

2.

The policies and standards of the Transit Area Specific Plan will supersede the Midtown Specific Plan and the General Plan in the transit area. Should a conflict between the existing plans and codes arise within the Transit Area, the policies and standards of the Transit Area Specific Plan shall govern.

3.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

(Ord. No. 38.795, § 29, 4/6/10)

XI-10-11.07 - Milpitas Commercial Specific Plan Area

A.

Introduction.

1.

Specific Plan Area. The Milpitas Commercial Specific Plan area is an approximately 14.56 acre-site located in the City of Milpitas, in Santa Clara County, California on the northernmost southeast corner of North McCarthy Boulevard and Ranch Drive (Figures 1 and 2). Regional access to the Specific Plan area is provided from Interstate 880 (I-880) and State Route 237 (SR-237). The Specific Plan area is bounded by Ranch Drive and the McCarthy Center office complex to the north; stores and parking areas in the McCarthy Ranch Marketplace to the south; Ranch Drive and I-880 to the east; and North McCarthy Boulevard and undeveloped land to the west. The undeveloped land to the west of the Specific Plan area is designated for Industrial Park uses by the City of Milpitas General Plan and is entitled for an office park campus (The Campus at McCarthy Ranch). Coyote Creek is located west of the undeveloped land with Coyote Creek Trail, a Class I bicycle/pedestrian trail, paralleling the east side of the creek. Single-family residences are located east of I-880 and are protected by a sound wall along the I-880 frontage.

2.

Purpose of the Specific Plan. A specific plan is a combination policy statement and implementation tool that can be used to address the unique needs of a particular area of a city or county. As a result, emphasis is on concrete standards and development criteria for use in the submission and review of subsequent development plans and permits. The California Government Code permits the use of specific plans to regulate site development, including permitted uses such as density, building size, and placement. Specific plans also govern the landscaping and roadways, as well as the provision of infrastructure and utilities. Since the development guidelines established in a specific plan focus on the unique needs of a specific area, specific plans allow for greater flexibility than is possible with conventional zoning.

The purpose of the Milpitas Commercial Specific Plan is to assist in the development of the site in a manner that will benefit local shoppers, the general public, and the City of Milpitas. The Specific Plan accomplishes these purposes by providing for the efficient use of land, ensuring compatibility between existing and proposed land uses, and establishing environmental and development standards and procedures to be met in development of the Specific Plan area. The customized development regulations contained in the Specific Plan address the unique characteristics of the site and surrounding properties, as well as the needs of the commercial land uses proposed for the site. These efforts are intended to foster greater economic development and design opportunities than could be achieved through the use of conventional zoning and development standards.

As used herein, the term "developer" shall mean the fee title holder of the Milpitas Commercial Specific Plan area.

3.

Project Objectives. The objectives of the Milpitas Commercial Specific Plan are as follows:

a.

Promote economic growth and development that is consistent with the policies of the City of Milpitas General Plan.

b.

Provide development that maximizes the Specific Plan area's use potential in a manner consistent with the City of Milpitas General Plan.

c.

Ensure development within the Specific Plan area complies with appropriate conditions and environmental mitigations for the benefit of the City, its residents and taxpayers.

d.

Generate sales tax and property tax revenues to accrue to the various agencies within the Specific Plan area.

e.

Enhance the commercial retail opportunities in the City of Milpitas and surrounding communities.

f.

Create additional employment opportunities for local area residents.

g.

Expand and upgrade an existing retail facility to provide the City of Milpitas and surrounding communities with a modern and energy efficient facility that provides daytime and nighttime shopping opportunities in a safe and secure environment.

h.

Minimize travel lengths and utilize existing infrastructure to the maximum extent possible by expanding and revitalizing an existing retail store.

4.

Authority. The Milpitas Commercial Specific Plan has been prepared in accordance with Government Code Sections 65450 et seq. and 66450 et seq. and will constitute the zoning for the Specific Plan area. Land use standards and regulations contained within this document shall govern future development within the boundaries of this Specific Plan.

The Milpitas Commercial Specific Plan provides a framework for development of the Specific Plan area. The Specific Plan provides guidance for the review of specific development proposals and is the City's reference document for determining permitted uses, intensity of use, and development standards and requirements. The Specific Plan defines objectives, as well as regulations and requirements for development of the Milpitas Commercial Specific Plan area.

5.

General Requirements.

a.

General Plan Consistency. Implementation of the Milpitas Commercial Specific Plan is intended to carry out the goals and policies contained in the City of Milpitas General Plan, as amended, in an orderly and attractive fashion. Development within the Milpitas Commercial Specific Plan area shall, therefore, be consistent with the provisions of the City of Milpitas General Plan.

The Milpitas Commercial Specific Plan implements the General Plan by:

i.

Encouraging development within the incorporated limits to fill in the urban fabric rather than providing costly expansion of urban services into outlying areas.

ii.

Encouraging economic pursuits to strengthen and promote development; provide economic opportunities for all Milpitas residents within existing environmental, social, fiscal, and land use constraints; and maintain a balanced economic base that can resist downturns in any one economic sector.

iii.

Providing opportunities to expand employment, participate in partnerships with local business to facilitate communication, and promote business retention.

iv.

Fostering community pride and growth through beautification of existing and future development.

v.

Utilizing the City's adopted Level of Service standards in evaluating development proposals and capital improvements.

vi.

Paying its share of street and other traffic improvements based on its impacts.

vii.

Promoting measures that increase transit use, walking, and bicycling and that lead to improved utilization of the existing transportation system.

Providing adequate circulation and off-street parking and loading facilities for trucks and restricting trucks to designated truck routes.

ix.

Protecting and enhancing the quality of water resources and promoting conservation and efficiency in the use of water.

x.

Implementing the National Pollutant Discharge Elimination System (NPDES) requirements of the Regional Water Quality Control Board.

xi.

Enhancing the visual impact of the gateways to Milpitas.

xii.

Undertaking efforts to reduce the generation of waste, increase recycling and slow the filling of local and regional landfills.

xiii.

Minimizing threats to life and property from seismic hazards, geologic hazards, flooding, and dam inundation.

xiv.

Minimizing unnecessary, annoying, or injurious noise.

Furthering the Land Use Guiding Principles by promoting a compact urban form and encouraging focused growth through infill opportunities in the incorporated City limits rather than in outlying areas.

xvi.

Improving the viability of transit, pedestrian and bicycle systems by promoting measures that increases use of those systems.

xvii.

Maintaining the architectural and landscape elements that contribute to the identity and history of the City by requiring new developments to be harmonious with older structures.

Ensuring the conservation, development and use of natural resources by providing "smart growth" through infill development and promoting conservation and efficiency in energy and water use and reducing waste generation through increased recycling and less waste production.

b.

Relationship Between Specific Plan Development Standards/Criteria and the City of Milpitas Municipal Code. The provisions of the Milpitas Commercial Specific Plan shall govern all development on the lands

within the Specific Plan area. Any regulations or requirements not specifically covered herein shall be subject to the regulations and requirements of the City of Milpitas Municipal Code, design guidelines and engineering standards and other applicable regulations, in addition to all applicable local, state and federal ordinances, laws or regulations. Any operations on the Specific Plan area shall also be required to operate in accordance with all local, state and federal regulations. If any provision of this document conflicts with the regulations or requirements of the City of Milpitas Municipal Code, the provisions of this document shall govern.

The process for approving development under the Milpitas Commercial Specific Plan shall be set forth in Section XI-10-11.07(E), Administration.

c.

Conformance with Uniform Building and Fire Codes. All construction within the Milpitas Commercial Specific Plan shall be in compliance with Title II "Building Regulations" and Title V-300 "Fire Code" of the Milpitas Municipal Code.

d.

Provision of Infrastructure. Unless otherwise specifically approved as part of this Specific Plan, all off-site improvements under the control of the City shall be subject to the City of Milpitas regulations and requirements in effect at the time improvement plans are submitted. Other improvements not under the control of the City (e.g., electricity, natural gas, telephone) shall be subject to the regulations and requirements of the responsible agency.

Specific requirements for infrastructure improvements are set forth in Table XI-10-11.07-6, Milpitas Commercial Specific Plan Environmental Performance Standards, of this Specific Plan. To ensure the costeffective availability of current and adequate infrastructure and services during the development of the Specific Plan area, infrastructure plans may be modified upon approval of the City of Milpitas Building Official, which pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan, shall be ministerial, final and not subject to appeal and without the need to amend this Specific Plan.

e.

Severability. If any term, provision, condition, requirement, or portion thereof of this Specific Plan is for any reason held invalid, unenforceable, or unconstitutional, the remainder of this Specific Plan or the application of such term, provision, condition, requirement, or portion thereof to circumstances other than those in which it is held to be invalid, unenforceable, or unconstitutional, shall not be affected thereby; and each other term, provision, condition, requirement, or portion thereof shall be held valid and enforceable to the fullest extent permitted by law.

f.

Costs. The developer shall pay the costs of any code enforcement activities, including attorney's fees, resulting in the violation of any provisions of the Milpitas Municipal Code, including the Milpitas Commercial Specific Plan. The developer shall be responsible for the entire cost to implement the environmental performance standards in accordance with Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan.

g.

Consent to Hold Harmless. The developer shall as a requirement of any development within the Milpitas Commercial Specific Plan area, agree to indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void or annul, any action by the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body related to, in furtherance of this Specific Plan.

Furthermore, developer shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer is subject to that other governmental entity's approval and a condition of such approval is that city indemnify and defend such governmental entity. City shall promptly notify the developer of any claim, action or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the city, any agency, or instrumentality thereof, or any of its officers, officials, employees, or agents.

B.

Existing Setting.

1.

Site Conditions And Existing Land Uses.

a.

Historical and Existing Land Uses.

i.

Existing Land Use. The Specific Plan area is currently developed with a 131,725-square-foot retail store and associated parking.

ii.

Existing On-Site General Plan Land Use and Zoning. The Specific Plan area is currently designated General Commercial by the City of Milpitas General Plan. The General Commercial land use designation is intended for a wide range of retail sales and personal and business services accessed primarily by the automobile. It includes commercial uses where shopping is conducted by people walking to several stores and uses of a single-purpose character served from an adjacent parked vehicle.

The Specific Plan area is currently designated General Commercial (C2) by the City of Milpitas Zoning Code. The C2 zoning district is intended to provide for a wide range of retail sales and personal and business services primarily oriented to the automobile customer and is intended to promote stable, attractive commercial development which will afford a pleasant shopping environment. This zone permits

retail sales as of right. Grocery stores that are within one thousand (1,000) feet of a residential zone and Liquor Stores (Alcohol Beverage Sales) are conditionally permitted.

The Specific Plan area is also within the Site and Architectural Overlay District (S). The S zone is intended to promote orderly, attractive and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing the establishment of uses or erection of structures having qualities that would not meet the intent of the Zoning Code. The General Plan and Zoning designations are illustrated in Figures XI-10-11.07-3 and -4.

b.

Surrounding Land Uses. Land uses surrounding the Milpitas Commercial Specific Plan area are characterized by office and Research and Development uses to the north, commercial uses to the south, Interstate 880 and residential uses to the east, and undeveloped but entitled land to the west. North of the Specific Plan area is the McCarthy Center office complex, a 68-acre complex with approximately one million square feet of office and Research and Development uses spread among nineteen (19) two-story buildings in a campus setting. To the south is the remainder of a commercial/retail development, McCarthy Ranch Marketplace, which includes Best Buy, Borders and PetSmart, small shops and restaurants, and small, freestanding restaurants such as Black Angus, Macaroni Grill and Applebees. To the east, east of I- 880, are single-family residential uses that are protected by a sound wall located along the I-880 frontage. The undeveloped land to the west is approved for an office park campus (The Campus at McCarthy Ranch) and further west of the undeveloped land is Coyote Creek and Coyote Creek Trail, a Class I bicycle/pedestrian trail, that parallels the east side of the creek. The surrounding land uses are illustrated in Figure 5.

2.

Existing Circulation.

a.

Regional Circulation. Excellent regional access to the Specific Plan area is provided by I-880 and SR-237.

I-880 is a north-south highway known as the Nimitz Freeway that provides regional access throughout the East Bay. It stretches north to Interstate 980 in Oakland and south to San Jose where it becomes State Route 17. It generally is an eight-lane, divided freeway. In the vicinity of the Specific Plan area, I-880 provides six (6) lanes in each direction, including a High Occupancy Vehicle (HOV) lane in each direction. It accommodates approximately one hundred eighty-one thousand (181,000) vehicles per day. Access to and from the Specific Plan area is provided at the SR-237/North McCarthy Boulevard interchange.

SR-237 is an east-west regional highway located approximately three-tenths (0.3) miles south of the Specific Plan area that provides access throughout northern Santa Clara County. It connects Mountain View to the west and Milpitas to the east. It is a major arterial providing connectivity to I-880 and Interstate 680. East of I-880, SR-237 is known as Calaveras Boulevard. SR-237 is a six-lane highway with HOV lanes in both directions. In the vicinity of the Specific Plan, SR-237 accommodates approximately one hundred fifty-eight thousand (158,000) vehicles per day. Access to and from the Specific Plan area is provided at the SR-237/North McCarthy Boulevard interchange.

b.

Local Circulation. Major roadways in and around the Specific Plan area are Dixon Landing Road, North McCarthy Boulevard, Ranch Drive and Tasman Drive. These roadways are defined as arterials or collectors. Arterials collect and distribute traffic from freeways and expressways to collector streets and vice versa. Collector streets, which constitute most of the roadways in and around the Specific Plan area, serve as connectors between arterial and local streets, providing direct access to the parcel. Major collectors are typically wide streets with four (4) to six (6) lanes of moving traffic. Minor collectors are smaller street with either less than four (4) lanes of moving traffic or less traffic.

Dixon Landing Road is an east-west major collector roadway connecting North McCarthy Boulevard to the west and North Milpitas Boulevard to the east. It is a major collector East of North Milpitas Boulevard where it becomes Dixon Road. It is a four-lane divided roadway, except for between Milmont Drive and Village Parkway, where it is a four-lane undivided roadway with a center two-way left-turn lane. The posted speed limit along Dixon Landing Road is forty (40) miles per hour (mph).

North McCarthy Boulevard is a major north-south collector roadway connecting Dixon Landing Road to the north and Montague Expressway to the south. South of the Montague Expressway it becomes O'Toole Avenue. It is a four-lane divided roadway primarily serving adjacent commercial uses north of SR-237 and office parks south of SR-237. The posted speed limit along North McCarthy Boulevard is thirty-five (35) mph north of Technology Drive and forty (40) mph south of Technology Drive.

Ranch Drive is an east-west minor collector roadway that intersects North McCarthy Boulevard at two (2) locations. Ranch Drive is the main access roadway to retail uses within the McCarthy Ranch Marketplace. It changes from a four-lane divided roadway, a four-lane undivided roadway, and a two-lane road with a center two-way left-turn lane between its southern and northern intersection with North McCarthy Boulevard. The posted speed limit along Ranch Drive is thirty (30) mph.

Tasman Drive is an east-west arterial roadway stretching from Sunnyvale to the west to I-880 to the east. East of I-880 it becomes Great Mall Parkway. It is a six-lane divided roadway near the Specific Plan area. Santa Clara Valley Transportation Authority operates light rail service along Tasman Drive, with tracks located in the center median of the roadway. The posted speed limit along Tasman Drive is forty (40) mph.

c.

Public Transit. Santa Clara Valley Transportation Authority (VTA) provides bus and light rail services in Milpitas and throughout Santa Clara County. The Specific Plan area is served by Route 33 and Route 825.

Route 33 passes northbound on North McCarthy Boulevard directly adjacent to the Specific Plan area and loops clockwise around Ranch Drive, where it returns south and provides connections to many locations in Milpitas and San Jose. Route 825 is a shuttle service provided by VTA for connections to the Santa Clara Great America station. The Santa Clara Great America station serves the Altamont Commuter Express (ACE), a weekday commuter rail service between Stockton and San Jose, and the Amtrak Capitol Corridor, a daily intercity rail service between San Jose and the Sacramento Area.

Route 33 operates every thirty (30) minutes and Route 825 operates every seventy-five (75) minutes during the weekday commute peaks. Route 33 provides weekend service from 9 a.m. to 6 p.m. every thirty (30)

minutes. Route 825 does not provide weekend service, as it is a limited service commuter route.

The nearest light rail station to the Specific Plan area is the I-880 station, located at the intersection of Tasman Drive and Alder Drive, approximately one and one-half (1.5) miles to the south.

d.

Bicycle Facilities. The Specific Plan area is serviced by a bicycle lane running along North McCarthy Boulevard. The existing retail building provides bicycle racks and any future development shall upgrade and provide bike storage pursuant to Section 11.07(D)(2), Project Access, of this Specific Plan.

3.

Existing Physical Conditions.

a.

Topography. The Specific Plan area is located in the City of Milpitas, which is within the relatively flat floor of the Santa Clara Valley. The Santa Clara Valley is a broad, northwesterly trending, alluvial-filled basin between the Santa Cruz Mountains to the south and the Diablo Range to the northeast. The Specific Plan area is bounded by bay-lands to the west and foothills to the east, with urban development located in the plain between the two (2) features. The Mission Hills are the primary backdrop to the Milpitas area. Monument Peak at two thousand five hundred ninety-four (2,594) feet is the highest point in the Mission Hills above Milpitas.

b.

Hydrology. The Specific Plan area is located within Coyote Creek watershed. The Coyote Creek watershed encompasses three hundred fifty (350) square miles and drains the Specific Plan area, City of Milpitas, the eastern portion of San Jose and the Coyote Valley.

Coyote Creek is approximately one-quarter (0.25) miles west of the Specific Plan area and spans the length of the Santa Clara Valley, originating at Anderson Reservoir near Morgan Hill and emptying into San Francisco Bay. Downstream of the Specific Plan area, Coyote Creek splits into "New" and "Old" branches. New Coyote Creek is a man-made channel that skirts the south side of the Newby Island Sanitary Landfill, while Old Coyote Creek meanders around the east and north sides of the landfill.

The Specific Plan area has an existing stormwater collection system. Stormwater is collected via inlets located around the Specific Plan area and is then piped and discharged into the City of Milpitas's municipal storm drain system, which outlets into Coyote Creek. Storm drain lines are located within Ranch Drive and North McCarthy Boulevard.

The Specific Plan area is located within the Santa Clara Valley subbasin, which extends from Coyote Narrows at Metcalf Road in south San Jose to Santa Clara County's northern boundary. The subbasin is approximately twenty-two (22) miles long and fifteen (15) miles wide, with a surface area of two hundred twenty-five (225) square miles.

c.

Soils. The Specific Plan area is a developed, urban area. The Specific Plan area was graded and engineered in the early 1990s with the development of the existing retail building. The soils were conditioned to support urban development and are considered stable soils and geologic units. The deepsurface soils beneath the Specific Plan area consist of approximately three hundred (300) feet of alluvium, which is regarded as a very stable geologic unit. The Quaternary age old alluvium consists of inter-layered, poorly sorted gravel, sand, silt and clay.

d.

Seismicity. The Specific Plan area is located in an area with eight (8) active faults including the Hayward, Calaveras, San Andreas, San Gregorio-Seal Cove-Hosgri, Concord, Greenville, Las Positas, and Verona faults. The closest fault to the Specific Plan area is the Hayward fault, which is located approximately two and one-half (2.5) miles northeast. The Specific Plan area is also located in a moderate liquefaction susceptibility zone pursuant to the Liquefaction Susceptibility Map for the San Francisco Bay Area prepared by the United States Geologic Study (USGS) in cooperation with the California Geological Survey and William Lettis & Associates, Inc. The Specific Plan area is not located within an Alquist-Priolo zone and no faults or fault traces are located within the Specific Plan area.

The Specific Plan area may be exposed to moderate to severe ground shaking during an earthquake, particularly one that occurs on either the Hayward or Calaveras fault. To reduce the risk associated with ground shaking, development within the Specific Plan area will be required to demonstrate that structural design measures identified in a seismic hazards technical study prepared prior to construction and in accordance with the requirements of the Seismic Hazards Mapping Act have been incorporated into any design and/or building plans.

The Specific Plan area is located within a liquefaction hazard zone. To reduce the risk associated with liquefaction, development within the Specific Plan area will be required to demonstrate that abatement measures identified in a design-level geotechnical investigation prepared prior to construction have been incorporated into any design and/or building plans. Development will also be required to comply with all state and local seismic safety requirements including the California Building Standards Code and Milpitas Municipal Code, Title II.

The Specific Plan area is flat and is not located in an area identified as being susceptible to landslides.

e.

Hazardous Materials. The Specific Plan area is a developed, active commercial area. It appears on four (4) environmental databases listing parcels with known or potentially hazardous conditions.

The first database is the Hazardous Waste Information System database which lists sites recorded on hazardous wastes manifests. This listing only indicates that hazardous materials were transported to or from the Specific Plan area; it does not indicate that contamination occurred. The second database is the Statewide Environmental Evaluation and Planning System database which lists sites with registered underground storage tanks (USTs). This database is no longer updated. The Specific Plan area did contain a 1,000 gallon waste oil underground storage tank. A Phase I Environmental Site Assessment ("Phase I") prepared by Tait Environmental Services, dated April 25, 2009, concluded that no UST exists in the Specific Plan area today based on the site reconnaissance. The Phase I found no evidence or record of when or

how the UST was removed. The third database is the California Hazardous Material Incident Report System which records reported hazardous material incidents or accidental releases or spills. An alleged incident of raw sewage bubbling up on the parking lot in the Specific Plan area was reported in 1997 by a caller to the Santa Clara County Health Department. No confirmation of this release exists. The final database is the Emergency Response Notification System which reports the release of oil and hazardous substances. No details about the listing exist, so it is unclear why the Specific Plan area is listed on this database.

Fluorescent lighting fixtures within the existing building within the Specific Plan area may contain polychlorinated biphenyls and mercury. The existing refrigeration units and rooftop HVAC units may also contain chlorofluorocarbons. The existing automobile service area utilizes several above-ground storage tanks (AST) that store petroleum hydrocarbons and a hazardous waste storage area. The existing building also has a hazardous waste storage area inside for spent absorbent material used to soak up spills of hazardous retail products and store maintenance products.

The Specific Plan area is located one and one-tenth (1.1) miles east of the San Jose/Santa Clara Water Pollution Control Plant which uses nineteen (19) percent aqueous ammonia, a hazardous material. Worstcase offsite release for aqueous ammonia is one-one hundredth (0.01) mile from the release point or only forty-five (45) feet from the plant's fence line. The Calpine Los Esteros Critical Energy Facility, a 180megawatt natural gas power plant served by two (2) PG&E natural gas pipelines, is located six-tenths (0.6) miles southwest of the Specific Plan area. The plant began operation in 2003. Because of the localized nature of any releases of aqueous ammonia, and the recent age and clean-burning attributes of natural gas, the Specific Plan area is not susceptible to exposure of hazardous materials from surrounding land uses.

f.

Biological Resources. Most of the Specific Plan area is covered with impervious surfaces. Mature ornamental trees and landscaping are located throughout the parking lot and along frontages with Ranch Drive and North McCarthy Boulevard. Horticultural low growing shrubs, tree rows and single planter trees are located in the parking areas and along the periphery of the existing building. The ornamental trees include species up to approximately twenty (20) feet in height and non-native shrubs of five (5) feet or less in height. There are no special-status plants or wildlife species with potential to occur within the Specific Plan area.

Based on the developed and disturbed condition of the Specific Plan area, only commonly observed wildlife species would be expected to occur in the area such as house sparrows, starlings, crows, opossums and small squirrels. Based on the lack of trees, shrubs, and aquatic resources, there is no indication of a wildlife community in the area. The area also does not contain features suitable for use as a wildlife movement corridor (e.g., open drainages). The Specific Plan area does support ornamental trees and shrubs trees that could potentially provide nesting habitat for small migratory songbirds. No open channels, natural drainage features, wetlands or waters of state or the United States exist within the Specific Plan area.

g.

Climate. Temperatures in the Specific Plan area range from an average monthly high of 81.9 degrees Fahrenheit (ºF) in July to an average monthly low of 40.8ºF in January. Average annual rainfall is 14.70 inches.

a.

Water. The Specific Plan area will receive water service from the City of Milpitas, which provides potable water supply and distribution to an approximately fifteen (15) square mile service area. Milpitas's water distribution systems includes two hundred three (203) miles of water main, one thousand seven hundred fifty-five (1,755) fire hydrants, five (5) water tanks totaling 15.64 million gallons of capacity, five (5) pump stations, sixteen (16) pressure regulator valves, and one (1) well. Milpitas purchases treated water from the San Francisco Public Utilities Commission and the Santa Clara Valley Water District, and receives recycled water from the San Jose/Santa Clara Water Pollution Control Plant. The City also maintains an emergency well system. The City's emergency well meets all drinking water standards and is permitted for unlimited use. A second emergency well is under design.

The San Francisco Public Utilities Commission receives approximately eighty-five percent (85%) of its water from the Hetch Hetchy Reservoir with the remaining fifteen (15%) percent coming from Alameda and Peninsula watershed. The Santa Clara Valley Water District receives its water from local groundwater aquifers, the Sierra Nevada Mountains via pumping stations in the Sacramento-San Joaquin River Delta, and a small amount from local surface water and recycled water. The annual yield from the Santa Clara Valley Water District is four hundred forty thousand eight hundred (440,800) acre-feet during a year during average weather conditions.

In 2010, the estimated water demand for Milpitas based on the City's Urban Water Management Plan was 14.06 million gallons per day. By 2030, the projected demand would be 17.10 million gallons per day with the estimated supply also at 17.10 million gallons per day. Based on these projections, demand would exceed supply under both single dry year and multiple dry year scenarios. The Urban Water Management Plan identifies various water shortage contingency strategies including voluntary and mandatory rationing and supplemental groundwater pumping. Development in the Specific Plan area will be required to install indoor water conservation measures such as low-flow or ultra-low-flow toilets and urinals, and sensoractivated faucets in restrooms prior to final certificate of occupancy issuance.

b.

Wastewater. The San Jose/Santa Clara Water Pollution Control Plant provides wastewater treatment and disposal services to a three hundred (300) square-mile service area encompassing the cities of San Jose, Santa Clara, Milpitas, Campbell, Cupertino, Los Gatos, Saratoga, and Monte Sereno. The plant, which is located in San Jose, west of Milpitas, has capacity to treat 167 million gallons of wastewater per day. The plant receives 116.6 million gallons per day, on average.

The City of Milpitas collects wastewater from approximately six thousand (6,000) acres within the City planning area, including the Specific Plan area. Effluent is transmitted though 172.5 miles of sewer main to the San Jose/Santa Clara Water Pollution Control Plant. Wastewater treatment services are governed by an agreement between the cities of San Jose and Santa Clara (as joint owners of the plant) and the City of Milpitas. The City of Milpitas pays a capital share in proportion to the City's capacity rights and the total plant capacity. In 2009, the City of Milpitas increased its capacity allocation from 13.5 million gallons per

day to 14.25 million gallons per day. Any development in the Specific Plan area will be required to pay a Treatment Plant Fee.

Existing development in the Specific Plan area is served by a lateral tie into a wastewater trunk line located in North McCarthy Boulevard from SR-237 to the Milpitas Pump Station located at Dixon Landing Road. The trunk line ranges in diameter from thirty-six (36) to forty-eight (48) inches.

c.

Water Quality. The existing drainage within the Specific Plan area is discussed above in Section XI-1011.07(B)(3)(b), Hydrology.

Coyote Creek and South San Francisco Bay are listed on the United State Environmental Protection Agency (EPA) 303(d) list of impaired water bodies. During construction, all work would be required to meet the National Pollution Discharge Elimination System (NPDES) requirements for stormwater quality. The contractor would also be required to implement Best Management Practices (BMPs) for erosion control. These requirements will be implemented through the preparation and approval of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would ensure that construction would not violate any water quality standards.

During operations, all activities must comply with a City-approved stormwater management plan.

Compliance with the stormwater management plan would ensure that operational activities within the Specific Plan area would not violate any water quality standards.

d.

Stormwater. The City of Milpitas collects and disposes its stormwater via a storm drainage network consisting of catch basins, conveyance piping, pump stations, and outfalls to creeks. Storm drainage infrastructure within the City includes one hundred twenty-three (123) miles of piping, three thousand four hundred ninety (3,490) catch basins, approximately four and one-half (4.5) miles of drainage ditches and creeks, and thirteen (13) stormwater pump stations. The Santa Clara Valley Water District has jurisdiction over creeks, including Coyote Creek.

The Specific Plan area is served by existing storm drainage infrastructure (inlets and piping) that discharges runoff into the City's municipal storm drain system. The City's storm drain system includes lines located within Ranch Drive and North McCarthy Boulevard. The storm drain main within North McCarthy Boulevard ranges from twenty-four (24) to forty-eight (48) inches in diameter and discharges stormwater into Coyote Creek northwest of the Specific Plan area.

e.

Solid Waste Disposal. Solid waste collection and recycling services are provided by Republic Services under contract with the City of Milpitas Public Works department. Solid waste from the City of Milpitas is landfilled at the Newby Island Landfill on Dixon Landing Road in San Jose, which has approximately 10.7 million cubic yards of remaining capacity. The Newby Island Landfill operator has applied to the City of San Jose to increase disposal capacity by 15 million cubic yards. Newby Island Landfill is permitted to accept up to four thousand (4,000) tons of Municipal Solid Waste (MSW) per day. The anticipated closure date of

the Newby Island Landfill is 2025. The annual waste diversion rate in the City of Milpitas is steadily increasing and was sixty (60) percent in 2006.

Development on site shall be required to retain a qualified contractor to perform construction and demolition debris recycling and developer must document to the satisfaction of the City of Milpitas, that construction and demolition debris was recycled. Development on the Specific Plan area will be required to provide on-site recycling facilities prior to obtaining certificate of occupancy permits.

f.

Natural Gas. Natural gas service to the Specific Plan area will provided by Pacific Gas and Electric Company (PG&E).

g.

Electricity. Electricity service to the Specific Plan area will be provided by PG&E.

h.

Telephone. Telephone service to the Specific Plan area will be provided by American Telephone & Telegraph (AT&T).

C.

Land Use Plan. Any and all approvals, decisions, reviews or actions required under this section and required for development within the Milpitas Commercial Specific Plan area shall be ministerial, final, and not subject to appeal, and shall be processed pursuant to Section 11.07(E), Administration, of this Specific Plan, provided the proposed development is consistent with the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Figures XI-10-11.07-6 through -9, of this Specific Plan and the conditions and requirements set forth in Figure XI-10-11.07-10, of this Specific Plan.

Development that is not consistent with the development standards set forth in the Milpitas Commercial Specific Plan and Figures XI-10-11.07-6 through -9, of this Specific Plan, and the conditions and requirements set forth in Figure XI-10-11.07-10, of this Specific Plan shall either require a Substantial Conformance Determination, as discussed below, or shall be processed under the procedures set forth for development in the General Commercial (C2) zone as set forth in the City of Milpitas Zoning Code. Development that has not commenced, which is defined as building permit issuance or completion of a foundation, within eighteen (18) months of approval of the Milpitas Specific Plan, shall be processed under the procedures set forth for development in the C2 zone as set forth in the City of Milpitas Zoning Code. The development standards shall be the same as those specified herein, but the process shall be consistent with the zoning code.

1.

Land Use Concept. The overall land use concept for the Milpitas Commercial Specific Plan is to revitalize, update and expand an existing retail facility to take advantage of the site's excellent regional access and visibility. It will improve the aesthetic and commercial landscape and provide for development of a fullservice retail use to complement existing uses in the surrounding area. The land use concept will

incorporate design elements that complement and are compatible with the architectural theme of the existing commercial landscape by creating an attractive and productive blend of retail uses. Access and parking within the Specific Plan area is intended to be designed with convenient vehicular, non-motorized vehicle and pedestrian access that blends and interconnects with the surrounding commercial area.

Figure XI-10-11.07-6 illustrates the Conceptual Site Plan for the Milpitas Commercial Specific Plan.

a.

Uses Allowed By Right. Table XI-10-11.07-1, Permitted Uses, below establishes the permitted uses for the Milpitas Commercial Specific Plan area. Ancillary and accessory uses, if proposed, will be reviewed concurrently with any application for development submitted. Ancillary and accessory uses that are not specifically listed as permitted may be approved subject to determination of substantial conformance as set forth in Section 11.07(E), Administration, of this Specific Plan. All uses shall be fully enclosed unless otherwise indicated.

Table XI-10-11.07-1. Permitted Uses

1. Commercial Uses Alcoholic beverage sales for offsite consumption (type 20 or 21 license) Art/photography studio or gallery Bookstore Commercial services (i.e., establishments which provide non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided, including, but not limited to, establishments such as: accountants, architects, dry-cleaners, floral shops, barber and beauty shops, interior decorators; Laundromats (self-service laundries), locksmiths, mailbox rentals, photocopy shops, shoe repair shops, tailors, and tuxedo rental shops) Furniture sales Grocery store (supermarkets) regardless of distance from residential zone(s) Home improvement (hardware, blinds, interior decorating, etc.) Household appliance store Janitorial services Newsstand (indoor and outdoor) Nursery (flower or plant) provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building or garden center. Office supply sales (stationary, equipment) Paint and wallpaper stores Pet stores Printing (newspaper, publishing)

Rentals (medical supplies, costumes, party equipment, office equipment)

Retail stores, general merchandise (i.e., retail trade establishments selling lines of merchandise, including, but not limited to: art supplies, antiques, bakeries (retail only), bicycles, candy stores, clothing and accessories, collectables, fabrics and sewing supplies, gifts (novelties and souvenirs), hobby materials, jewelry, luggage and leather goods, music stores, sporting goods and equipment, toys and games, variety stores; video rentals and sales)

Superstore-type uses including general merchandise, grocery, pharmacy and other uses permitted independently in the Specific Plan area[1]

Tanning salon

Thrift store

Bowling alleys

Commercial athletic facilities - Indoor

3. Health and Veterinarian Uses

Animal grooming (no boarding)

Medical and dental office[2]

Medical support laboratories Optician and optometrist shop Pharmacy or drug store

Veterinary clinic

4. Professional Offices, Financial Institutions and Related Uses

Automatic Teller Machines (freestanding) Financial institutions (banks, savings and loans, check cashing, etc.)

General offices (administrative and business services, real estate, travel agencies, etc.)

Trade and vocational school

Instruction - Private

Parking Facility - Storage Garage

6. Restaurants or Food Service

Catering establishment

Restaurants[3]

7. Vehicle Related Uses

Auto repair (tire, oil change, smog check, etc.) Temporary Recreational Vehicles (RV) sales Vehicle-oriented window service facility

8. Unclassified Uses 24-hour operations Accessory structures (not including warehouses on the same site as a permitted use) Temporary seasonal sales[4]

1 24-hour operations permitted as-of-right.

2 Medical and dental office is defined as a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure.

3 Does not include live entertainment, dancing, drive-thru or drive-in restaurants.

4 Any temporary seasonal sales shall comply with the requirements of Section XI-10-11.07(C)(2)(e).

2.

Site Development Standards.

a.

Land and Structure Regulations. Table XI-10-11.07-2, Land and Structure Regulations, below establishes the land and structure regulations for the Milpitas Commercial Specific Plan area:

Land and Structure Regulations

b.

General Design Concepts. Within the Milpitas Commercial Specific Plan, general design concepts address the nature and function of the use, building, or feature being considered. Architectural design and details are to be integrated throughout the Specific Plan area and oriented to areas within public view. Design within the Milpitas Commercial Specific Plan shall meld function and form, not one to the exclusion of the other, and promote the harmonious appearance of structures in other commercial areas adjacent to the Specific Plan area, including the McCarthy Ranch Marketplace which is a commercial/retail development south of the Specific Plan area.

To facilitate design integrity between the uses within the Milpitas Commercial Specific Plan and other commercial uses surrounding the Specific Plan area, the following standards shall be adhered to:

i.

Design shall reflect the "California ranch" design theme of the McCarthy Ranch Marketplace, including "salt box" style metal roofs and canopies, faux wood siding, corrugated metal cladding, and the use of colors such as Colonnade Gray, Cool Old Zinc Gray and Countryland Red. Figures XI-10-11.07-7 and -8 included in this Specific Plan comply with these requirements.

ii.

The Planning Director shall review and approve all final building plans and elevations to ensure substantial conformance with Figures XI-10-11.07-6, -7 and -8, of this Specific Plan. Substantial conformance shall be determined as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

iii.

Development within the Specific Plan area shall comply with the environmental performance standards set forth in Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan. Developer shall bear all costs of implementing such environmental performance standards.

iv.

Shipping containers shall be removed from the Specific Plan area or screened in accordance with Municipal Code Title XI, Chapter 10, Section 5.04(A)(2) to be completely enclosed within a building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and not located within any front or street side yard setbacks.

v.

No trees shall be removed until the City has approved a detailed landscape plan as set forth in Section XI10-11.07(C)(2)(c) below.

vi.

All development within the Specific Plan area shall comply with all applicable building codes and the requirements of the City, County, State and other responsible agencies.

Figures XI-10-11.07-7 and -8 illustrate the conceptual exterior elevations and conceptual colors and materials for the Specific Plan area. Development proposed that is consistent with Figures XI-10-11.07-7 and -8 shall be processed as a ministerial building permit and construction plan review as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

c.

Site Development Standards. Within the Milpitas Commercial Specific Plan area the following standards shall apply to certain types of development or uses.

i.

Alcoholic Beverage Sales. Any business conducting alcohol sales in the Specific Plan area shall comply will all Department of Alcoholic Beverage Control licensing requirements pertaining to the sale of beer, wine and distilled spirits. Business operators shall be responsible for ensuring that all employees receive "Responsible Alcoholic Beverage Service" training as offered through programs established by the Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request.

ii.

Food Preparation and Sales. The owner of any establishment involved in the preparation or sale of food shall hold training sessions to instruct their employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor; and any other procedures that would assist the business in complying with all state and local health and sanitation standards.

Prior to issuance of a certificate of occupancy, the owner of any establishment involved in the preparation or sale of food shall post signs (in English, Vietnamese, Chinese, Filipino and Spanish) inside the premises for all employees, which identify procedures for the food delivery and disposing of garbage.

The preparation and storage of food is not permitted outside of the establishment.

The owner of any establishment involved in the preparation or sale of food shall comply with best management practices for the handling and disposal of solid and food wastes, as permitted by and in compliance with local and state solid waste disposal regulations.

d.

Landscaping. The quality environment envisioned for the Milpitas Commercial Specific Plan site will be established, in large part, by its landscape treatment. Landscaping is to be designed to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment.

Landscaping currently exists along the existing building frontage with North McCarthy Boulevard and Ranch Drive and within the parking area. The existing retail building and Specific Plan area is almost

entirely screened from view by this landscaping. New planter areas shall be installed along the south side of the existing retail building, but all other landscaping shall remain unchanged.

Prior to issuance of a building permit, a detailed landscape plan shall be submitted to the Planning Director for review, approval and implementation.

Prior to the issuance of grading or building permits, whichever comes first, the developer shall obtain a tree removal permit from the City of Milpitas for any trees to be removed with a trunk circumference of 37 inches or more measured at 4.5 feet above ground level. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, landscape plan review and approval, and tree removal permit issuance, shall be non-discretionary, final actions that cannot be appealed.

The detailed landscape plan shall include and/or provide for the following:

i.

The location and screening of all transformers and utility devices including backflow preventers.

ii.

The location and type of trees, shrubs and ground cover, including sizes and quantities. The legend shall also show tree canopy diameter at planting, five (5) years and ten (10) years.

iii.

Plan details for all fence and wall structures. These shall be compatible in style and material with the proposed buildings.

iv.

All planter areas shall be serviced by a sprinkler head or drip system.

v.

All trees removed with a trunk circumference of more than thirty-seven (37) inches or more measured at four and one-half (4.5) feet above ground level shall be replaced in accordance with the requirements of the City of Milpitas Tree Maintenance Protection Ordinance and as set forth in the required tree removal permit. All trees removed with a trunk circumference of less than thirty-seven (37) inches or more measured at four and one-half (4.5) feet above ground level, shall be replaced on-site with a similar tree species at no less than a 1:1 ratio. All replacement trees shall be planted within thirty (30) days of issuance of the final certificate of occupancy.

vi.

All approved landscaping shall be permanently maintained and replaced in kind as necessary to provide a permanent, attractive and effective appearance.

The approved detailed landscape plan shall be incorporated into the development proposed. All required landscaping shall be planted and in place prior to issuance of a certificate of occupancy.

Figure XI-10-11.07-9 illustrates the preliminary planting plan for the Specific Plan area. Figure XI-10-11.0711 is a colored conceptual site plan that shows all the existing and preliminary planting pursuant to the preliminary planting plan for the Specific Plan area.

Any detailed land use plan or tree removal permit submitted as part of a development proposed that is consistent with Figure XI-10-11.07-9 shall be processed as a ministerial building permit and/or construction plan review as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

e.

On-Site Circulation, Parking, and Loading.

i.

On-Site Circulation. The on-site circulation standards within the Milpitas Commercial Specific Plan will ensure the efficient and safe passage of vehicles and pedestrians to and from the various commercial uses within the Specific Plan area.

On-site circulation within the Specific Plan area shall adhere to the following requirements:

(1)

All ingress and egress routes shall be maintained clear of storage, delivery trucks or other obstructions at all times.

(2)

The circulation system shall include adequate directional signs for entrances, exits, parking areas, loading areas, and other uses.

(3)

On-site driveways shall be permitted to provide common access between the Specific Plan area and adjacent properties.

(4)

Site lines required for safe automobile movement shall be kept clear.

(5)

On-site pedestrian walkways should provide direct, safe, and adequate movement paths between parking areas and building entrances.

(6)

Truck deliveries shall enter via the northern driveway along Ranch Drive and immediately turn right and travel westbound towards the loading dock. Trucks exiting the site would retrace their path to the northern Ranch Drive driveway.

ii.

Parking. Prior to issuance of a building permit, the developer shall prepare and submit a site plan to the City of Milpitas that demonstrates that off-street parking provided on-site complies with the parking provisions of the Milpitas Commercial Specific Plan. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, review and approval of the site plan shall be a non-discretionary, final action that cannot be appealed. The intent of this action is to ensure compliance with the provision of the Milpitas Commercial Specific Plan.

The number of required parking spaces in the Specific Plan area is set forth in Table XI-10-11.07-3, Number of Parking Spaces Required, below. Gross floor area, as used in this Specific Plan, means the total of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for retail purposes.

Number of Parking Spaces Required

1 Commercial services shall have the same definition as that set forth in Table XI-10-11.07-1.

Off-street parking configurations within the Specific Plan area shall adhere to the following requirements:

(1)

Shared Parking within the Specific Plan area shall be as set forth in the City of Milpitas Zoning Code section XI-10-53.11.

(2)

Up to forty (40) percent of the required parking stalls may be designed as compact stalls to accommodate compact cars. Compact parking stalls shall be dispersed throughout the parking lot and not concentrated to discourage oversized vehicles from using the stalls. Each stall shall be legibly marked "compact stall" or "small car" on the stall surface.

(3)

Parking spaces for the disabled shall comply in all respects with the requirements of the California Code of Regulations (State Building Code) or Federal law, where such prevails over State law.

(4)

Parking spaces shall be unobstructed in operation, shall not be used for vehicle repair work of any kind unless within a building, and shall not be reduced below the required size as long as the primary use remains, unless an equivalent number of spaces is provided for said use in another approved location.

(5)

The sale or storage of merchandise in parking areas may be allowed pursuant to the provisions and requirements set forth in Figure 10 and as set forth in Section XI-10-11.07(C)(2)(e), of this Specific Plan.

(6)

All parking areas shall be kept clean and free of dirt, oil, mud or trash; pavement and striping shall be maintained in a continuous state of good repair.

(7)

All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas.

(8)

Parking stalls and drive aisle dimensions shall comply with Table XI-10-53.13-1 of the City of Milpitas Zoning Code.

(9)

All open automobile parking areas which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way and of any adopted plan line, with openings for walkway or drive purposes. Each landscaped planter in said parking facility shall be contained with a six (6) inch raised concrete curb (extruding curbing not permitted). Installation of an irrigation system shall be provided for in each planter area.

(10)

Lighting shall be provided in the parking area pursuant to Section 11.07(C)(2)(h), of this Specific Plan and shall be designed, located and arranged so as to reflect the light away from any street and any adjacent premises.

Directional signs are permitted in parking areas pursuant to Section 11.07(C)(2)(f), of this Specific Plan.

(12)

Vehicles may overhang two (2) feet into any landscape area or private walkway if the walkway is a minimum six (6) feet in width, but in no event shall the overhang be permitted within any public right-of-way.

iii.

Loading.

(1)

Each loading berth shall have vehicular access to the street, without passing over other parking stalls.

(2)

Loading areas shall be designed to provide for backing and maneuvering on site and not from or within a public street. Direct loading from a public street shall not be permitted.

(3)

Loading bays shall be sealed with rubber gaskets to reduce noise impacts to adjacent areas.

f.

Outdoor Storage/Sales. Outdoor storage and sales shall be permitted in the Milpitas Commercial Specific Plan area, pursuant to the requirements set forth below.

i.

Outdoor storage of material shall be completely enclosed within a building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and not located within any front or street side yard setbacks.

ii.

Temporary seasonal sales such as Christmas tree or pumpkin sales lots may be permitted provided they do not reduce available parking to below the required parking ratio for the primary use on the site. Temporary seasonal sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales are associated. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use. Temporary seasonal sales shall be approved by Planning Department staff pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan, provided the above requirements are met, and shall be limited to fortyfive (45) days of operation per calendar year.

iii.

Outdoor sales, including temporary tent sales and periodic temporary RV sales, shall be allowed as pursuant to the provisions and requirements set forth in Figure 10 and this Section.

iv.

Ingress and egress for emergency vehicles shall be maintained at all times within the sales and storage area.

g.

Signage. Signage and graphics will be an important element within the Milpitas Commercial Specific Plan area. The intent of the sign program is to provide for maximum sign exposure for uses within the Specific Plan area in a manner that will complement the overall image of the area while preserving and enhancing the aesthetic, vehicle and pedestrian traffic safety and convenience, and environmental values of the surrounding area.

Developer shall be required to prepare and submit a sign program to the City of Milpitas for review and approval before building permit issuance. Developer shall implement the approved sign program into any proposed development in the Specific Plan area. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, any review and approval of a sign program shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the signage requirements of the Milpitas Commercial Specific Plan. Changes in existing sign copy and relocation of existing signs that do

not change the existing sign area shall be deemed to be consistent with the signage requirements of the Specific Plan and shall not require any additional approvals.

The following sets forth the requirements for signs in the Milpitas Commercial Specific Plan area:

i.

Definitions. The definitions stated in Milpitas Municipal Code Title XI, Chapter 10, Section 2.03 are incorporated herein.

ii.

Maximum Sign Area. The maximum permissible sign area in the Specific Plan area shall conform to the following area:

(1)

The total aggregate area of all signs permitted on any building site or property shall not exceed one (1) square foot of sign for each two (2) lineal feet of building perimeter on the subject parcel or not exceed two (2) square feet of sign for each one (1) lineal foot of public street frontage, at the developer's discretion.

(a)

For buildings or uses containing more than one (1) business, the allowable sign area as defined in Section (1) above shall be distributed to each business proportionately to the floor area of the subject business to the total floor area for all leasable structures on the parcel or site; or, distributed to each business proportionately to the building façade of the subject business by one (1) square feet of sign area per one (1) lineal feet of adjacent building façade oriented towards a property line of a site or common parking area.

(b)

Public street frontage with non-access rights or no immediate direct access, such as flood control channels, but excluding landscaped planter areas, shall not be included in computing public street frontage for purposes of sign area calculations.

(c)

Any square footage of a sign shall be deducted from the total maximum permissible sign area allowed for the site, unless otherwise specified or exempted in this Specific Plan.

The following signs shall not count towards the maximum sign area allocations: Ancillary Service Signs; Blade Signs; City Identification Signs; Flag Signs; Menu Board Sign for Drive Through; one "open/closed" Window Sign; and Temporary Signs. Based on public street frontage the maximum allowable sign area is 2,806 square feet in the Specific Plan area.

iii.

General Sign Requirements.

(1)

The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained.

(2)

Signs should be an integral part of the design of the storefronts of mixed-use buildings.

(3)

To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design.

(4)

Signage shall not obstruct pedestrian circulation.

(5)

While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language.

(6)

The business name and address shall be displayed on the tenant space if located in a multi-tenant building or on the building or property for a single occupant building.

(7)

All signs shall be erected only upon the site occupied by the persons or business sought to be identified or advertised by such signs.

(8)

Lighting - All lighting sources shall be adequately diffused or shielded; bare lighting sources, such as neon, bare fluorescent tubes, incandescent bulbs, light emitting diodes (LED) and similar devices are not permitted.

(9)

Construction - The sign's supporting structure shall be as small in density and as simple as is structurally safe; sign letters and materials should be professionally designed and fabricated; multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically; exposed transformers are prohibited; exposed conduit and tubing must be mitigated so that they are inconspicuous.

(10)

Materials - Sign faces should be constructed of non-brittle, non-yellowing Polycarbonate material or superior; signs should be constructed using high-quality materials such as metal, plastic, stone and wood; impact resistive plastic shall be used on all internally illuminated signs utilizing plastic sign faces. Whenever

a plastic internally illuminated sign face, advertising copy or message becomes damaged and is to be replaced, said sign face shall be replaced with a sign face constructed of impact resistive plastic.

iv.

Standards for Specific Types of Permanent Signs.

(1)

Ancillary Service Signs must be affixed to building, wall or window, and shall be smaller in scale to the tenant signs.

(2)

Architectural Signs shall constitute an integral part of a roof or marquee and must have a minimum clearance of ten (10) feet from the ground.

(3)

Area Identification Signs shall not require extensive maintenance or upkeep.

(4)

Blade Signs shall provide a minimum of eight (8) feet of clearance above the walkway surface below, be pedestrian oriented only, project a maximum of four (4) feet from the wall of a building, and not be internally illuminated.

(5)

City Identification Signs erected on private property do not count toward the maximum number of freestanding signs allowed on site.

(6)

Freestanding Signs greater than six (6) shall be part of an approved sign program as set forth in Section XI10-11.07(C)(2)(f), of this Specific Plan. Freestanding signs shall be erected in on-site landscaped planter areas and maintained in a neat and healthy manner in perpetuity with vegetation that is appropriate to the site. The planter area shall extend a minimum of three (3) feet from the base of the sign. The height of free standing signs shall be measured from grade level of the closest public sidewalk, curb or public street. A freestanding sign may consist of more than one (1) sign panel provided that all such sign panels are consolidated into one (1) common integrated sign structure.

(7)

Graphic Panel Signs shall be located within five (5) feet of the main building wall. They do not count as freestanding signs, but the display area on graphic panels counts towards overall sign area.

(8)

Joint Use Signs shall be approved as part of a Sign Program and only for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are strongly encouraged.

(9)

Menu Board Signs for drive-thru and speakers shall be oriented away from the public right-of-way.

(10)

Off-Site Public Information Signs for a quasi-public use may request up to two (2) signs to be located by the City within the public right-of-way. These signs shall only include the name of the use in letters not exceeding four (4) inches in height and an arrow specifying the appropriate direction. Requests for such signs shall be made in writing by an authorized representative of the use and shall include the general location desired for said signs. The City Manager, or his or her designee, shall determine the precise location and sign design based on good traffic engineering practice and shall provide for erection of the signs.

Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. Unless modified by an approved sign program, projecting signs shall only be located on the middle one-third of the front wall of a building and shall not extend from the front wall to which they are attached more than five (5) feet. Projecting signs shall not project into a public right-of-way.

(12)

Wall Signs shall have a maximum area as set forth in Table XI-10-11.07-4, Matrix of Permanent Sign Types, below. The exposed face of a wall sign shall be installed in a plane parallel to the plane of the wall.

The maximum number, size and height of permanent signs, as defined and discussed above, is set forth in Table XI-10-11.07-4, Matrix of Permanent Sign Types.

Matrix of Permanent Sign Types

v.

Standards for Specific Types of Temporary Signs.

(1)

Balloon Signs shall be allowed for grand openings (when first opened or after significant remodeling) for a business, promotional events for individual businesses or group of businesses on a parcel. Only one (1) sign may be attached to the balloon to identify the name of the shopping center, business, activity or event. No other smaller balloons shall be attached to the balloon or its supporting or secure lines. The balloon shall be securely mounted to the ground or a room and shall not move by any other means than normal wind current.

(2)

Banner Signs shall be securely attached flush to a building and located on the premise of the business or use it advertises. The banner sign may be wrapped around a permitted permanent freestanding sign or wall sign when used to announce a change of business name. This banner would be allowed in addition to any other banner for the business.

(3)

Construction Signs may indicate the opening date, architect, engineer, contractor, future business or lending agency and shall only be placed on the site of work under construction with a valid building permit.

(4)

Grand Opening Signs are permitted when used for bona-fide grand opening functions after a business' initial occupancy, new ownership, name change or the reopening of a business that completely closed for remodeling for at least two week and shall only be displayed at the business for which the grand opening will occur.

The maximum number, size and height of temporary signs, as defined and discussed above, is set forth in Table XI-10-11.07-5, Matrix of Temporary Sign Types.

Matrix of Temporary Sign Types

vi.

Prohibited Signs and Elements of Signs. The following types of signs are prohibited in the Specific Plan Area: Off-Site Advertising Displays; Privately-Owned Signs Resembling Traffic Signs; Reflective Signs; Rotating or Moving Signs; Roof Sign or Signs Extending Above Roof Ridge; Signs That Are A Traffic Hazard; Sound or Odor Emitting Signs; Other Advertising Structure; and Statuary Signs.

The following types of signs are prohibited subject to the exceptions noted below:

(1)

Abandoned Signs shall be removed within ninety (90) days after the business the sign advertised has ceased and shall include elimination of all sign copy and if the sign was mounted on a building, the building façade shall be restored to its original state to the best extent possible.

(2)

A-Frame Signs and Portable Signs with the exception of public services signs and open house directional signs.

(3)

Blinking, Flashing Lights or any sign having fluttering lights or other illuminating device which has changing light intensity, brightness or color unless approved pursuant to an approved sign program.

(4)

Temporary Signs except construction signs, grand-opening signs, and temporary promotional signs.

(5)

Vehicle-Mounted Signs where the vehicle is not legally registered, not operable, not parking within the confines of a striped parking space approved by the City of Milpitas or parked within the confines of a striped parking space approved by the City of Milpitas or a city street for more than seventy-two (72) hours.

(6)

Portable Signs

h.

Noise.

i.

Construction Noise. Hours of exterior construction shall be limited to between the hours of 7 a.m. and 7 p.m. daily except holidays. All construction equipment shall be acoustically muffled to reduce noise in accordance with Caltrans Standard Specifications.

ii.

Operational Noise. Development in the Specific Plan area shall comply with the noise standards contained in the Noise Element of the Milpitas General Plan.

i.

Lighting. The following section addresses illumination of on-site areas for purposes of safety, security, and nighttime ambience, including lighting for parking areas, pedestrian walkways, graphics and signage, architectural and landscape features, shipping and loading areas, and any additional exterior areas.

Prior to issuance of building permits, the developer shall ensure that all exterior lighting fixtures (buildingmounted and freestanding) are shielded, recessed, or directed downward to prevent unwanted illumination of neighboring properties. Fixtures shall be appropriate in terms of height, style, design, scale and wattage to the use of the property. Fixtures shall be spaced appropriately to maximize pedestrian safety. This may be accomplished by submitting a Lighting Plan for review and approval by the Planning Director as set forth in Section XI-10-11.07(E), Administration, of the Milpitas Commercial Specific Plan. Any review of a Lighting Plan shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the provisions of the Milpitas Commercial Specific Plan. The approved Lighting Plan shall be incorporated into the development proposed.

j.

Police Protection. Developer shall conduct a crime survey of the area to evaluate the security needs for development in the Specific Plan area and shall implement a security plan based on this analysis. Any security plan shall be submitted to the City of Milpitas Police Department for review and approval. As set forth in Section XI-10-11.07(E), Administration, of this Specific Plan, any review and approval of a security plan shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the police protection requirements of the Milpitas Commercial Specific Plan.

The following security measures shall be incorporated into any development in the Specific Plan area and may be part of the developer's security plan:

i.

A closed-circuit camera surveillance system for inside and outside of any retail building. These cameras should monitor the store entrance, cash registers and safe;

ii.

A parking lot patrol that assists customers, ensures safety, and takes action to identify and prevent any suspicious activity (such as loitering and vandalism) both during the day and nighttime hours, and a plainclothes patrol inside the retail building to ensure safety and security;

iii.

Practices and procedures to prohibit consumption of alcohol in the parking lot by having employees regularly patrol the parking lot areas while collecting shopping carts and report any inappropriate activity to the appropriate management staff;

iv.

A burglar, robbery and/or panic alarm;

v.

Clearly marked and lighted parking areas to allow for safe circulation; and,

vi.

On-site security twenty-four (24) hours a day during construction to prevent theft or vandalism of construction materials.

3.

Business Licenses. Prior to the issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the developer will comply with City of Milpitas provisions for obtaining business licenses for the construction contractor and subcontractors.

Prior to the issuance of a Final Certificate of Occupancy, the developer shall comply with City of Milpitas provisions for obtaining business licenses (including amendments to existing licenses) for the building occupant.

D.

Infrastructure, Grading and Construction. Any and all approvals, decisions, reviews or actions required under this section and required for development within the Milpitas Commercial Specific Plan area shall be ministerial, final and not subject to appeal, and shall be processed pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan.

1.

Infrastructure.

a.

General Provisions. Any development in the Specific Plan area shall comply with the following:

i.

All existing on-site public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure shall be permitted within City easements and no trees or deeprooted shrubs are permitted within City utility easements, where the easement is located within landscape areas.

ii.

Submittal of the Sewer Needs Questionnaire and/or Industrial Waste Questionnaire is required with any building permit application. Payment of the storm water connection fee and treatment plant fee shall be paid prior to building permit issuance.

iii.

Developer must pay all applicable development fees, including but not limited to, plan check and inspection deposit, and two and one-half percent (2.5%) building permit automation fee. These fees are collected as part of the secured public improvement agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor & materials. All fees shall be paid prior to building permit issuance.

iv.

Before building permit issuance, developer shall obtain design approval from the City Engineer pursuant to Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan, for all necessary public improvements along Ranch Drive, including, but not limited to, the installation of new pedestrian crosswalk and ped-flashing warning signals, new mid-block ramp, signage and striping, and installation of new median. Developer shall bond for such improvements and execute a secured public improvement agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor and materials. All public improvements shall be constructed to the City Engineer's satisfaction and accepted by the City prior to building occupancy permit issuance.

v.

At the time of building permit application, developer shall pay any project job account balance due to the City for recovery of review fees. Review of any permit submittals will not be initiated until balance is paid in full.

b.

Water Facilities. The Specific Plan area will receive water service from the City of Milpitas. The City of Milpitas's Urban Water Management Plan indicates that under normal water years, water supplies are sufficient to serve demands within the City through 2030. Under multiple dry year scenarios, demand is expected to surpass supply as soon as 2010. Because the Specific Plan area has an existing building, that building's water demand is accounted for in the City's water demand projections. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased potable water demand that would adversely impact the water system. Development may be suspended, however, prior to building permit issuance if necessary to stay within available water supplies and will remain suspended until water is available. The City shall provide Developer with written evidence that available water supplies do not exist prior to suspending any development within the Specific Plan area. The Specific Plan area is estimated to generate ten thousand nine hundred (10,900) gallons per day of water demand. Implementation of the Specific Plan will not require new or expanded water facilities.

Development in the Specific Plan area must install the following indoor water conservation measures prior to issuance of the final certificate of occupancy to reduce overall demand for potable water: low-flow or ultra-low-flow toilets and urinals; and sensor-activated faucets in restrooms.

c.

Wastewater Facilities. The Specific Plan area would convey wastewater via municipal sewage infrastructure maintained by the City of Milpitas to the San Jose/Santa Clara Water Pollution Control Plant. A wastewater trunk line is located in North McCarthy Boulevard from SR-237 to the Milpitas Pump Station located at Dixon Landing Road. The trunk line ranges in diameter from thirty-six (36) to forty-eight (48) inches. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased effluent generation that would adversely impact the sewer system or treatment plan capacity. Development may be suspended, however, prior to building permit issuance if necessary to stay within the safe allocated capacity at the San Jose/Santa Clara Water Pollution Control Plant and will remain suspended until sewage capacity is available. The City shall provide Developer with written evidence that available sewage capacity does not exist prior to suspending any development within the Specific Plan area. The Specific Plan area is estimated to generate six thousand three hundred ninety (6,390) gallons per day of effluent. Implementation of the Specific Plan will not require new or expanded wastewater treatment facilities.

Development in the Specific Plan area will be required to pay a Treatment Plant Fee, a standard requirement for new development projects.

d.

Storm Drains. Implementation of the Specific Plan will not require new or expanded offsite storm drainage facilities. However, at the time of building permit plan check, the developer shall submit a grading plan and

a Drainage Study prepared by a registered Civil Engineer that recommends adequate drainage facilities to properly accept and convey drainage flows from the Specific Plan area. The study shall be reviewed and approved by the City Engineer, pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan. Developer shall incorporate the conclusions and recommendations of the approved Drainage Study prior to building permit issuance.

e.

Solid Waste Disposal. Republic Services provides solid waste and recycling services to the City of Milpitas, including the Specific Plan area. During construction, it is estimated that the Specific Plan area would generate approximately five thousand seven hundred thirty-seven (5,737) tons of solid waste. During operation, it is estimated that the Specific Plan area would generate approximately 361.7 tons of solid waste annually. Before starting construction in the Specific Plan area, developer shall retain a qualified contractor to perform construction and demolition debris recycling. Developer must document, to the satisfaction of the City of Milpitas, that construction and demolition debris was recycled. Before building permit issuance, developer shall show on-site facilities necessary to collect and store recyclable materials. The facilities shall include receptacles in public spaces that are of high-quality design and identify accepted materials. Business owners in the Specific Plan area must comply with best management practices for the handling of solid and food wastes, as permitted by and in compliance with local and state solid waste disposal regulations.

f.

Natural Gas. PG&E will provide natural gas service to the Specific Plan area and has available natural gas supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual natural gas consumption is 8.79 million cubic feet.

g.

Police Protection. The Milpitas Police Department will provide police protection to the Specific Plan area. No new or expanded police protection facilities are necessary to serve the Specific Plan area.

h.

Fire. The Milpitas Fire Department will provide fire protection and emergency medical services to the Specific Plan area. No new or expanded fire protection facilities are necessary to serve the Specific Plan area.

i.

Electricity and Telephone. The Specific Plan area is located within PG&E's service territory. PG&E would provide electrical services to the Specific Plan area. PG&E has available electricity supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual electricity consumption is 2.37 million kilowatt hours.

Telephone service to the Specific Plan area will be provided by AT&T.

j.

Schools. Prior to the issuance of building permits, the developer shall pay school impact fees. Impact fees are currently forty-seven cents ($0.47) per square foot.

2.

Project Access. Access to the Specific Plan area allows for safe and efficient travel to and from the area. Administrative provisions and signage of the Specific Plan will facilitate direction and access throughout the area. Public transportation exists in the Specific Plan area and a direct pedestrian connection links the existing retail building with the Ranch Drive sidewalk, allowing for safe and convenient access between the existing retail building and the bus stop. A designated pedestrian connection between the existing retail building and the balance of the McCarthy Ranch Marketplace to the south and Ranch Drive to the north exists and will be maintained with any development of the Specific Plan area.

Vehicular access to the Specific Plan area will be provided by two (2) driveways onto Ranch Drive and a McCarthy Ranch Marketplace driveway entrance located to the southeast of the existing retail building. The driveways on Ranch Drive are stop-controlled and provide single-lane ingress and egress. Truck deliveries would enter via the northern driveway along Ranch Drive and immediately turn right and travel westbound towards the loading dock. Trucks exiting the site would retrace their path to the northern Ranch Drive driveway.

Prior to the issuance of a Certificate of Occupancy, Developer shall obtain the necessary approvals for the installation of VTA bus stop improvements consisting of retention of the bus stop in its existing location, and installation of a seven-foot by twenty-foot Portland cement concrete shelter pad behind the sidewalk/passenger waiting pad with retaining wall. Bicycle storage facilities shall also be installed prior to the issuance of the final certificate of occupancy. These facilities shall consist of at least one (1) rack located in a visible and convenient location (i.e., near the entrance to the building) and that provides storage equivalent to two (2) percent of the minimum parking requirement in the Specific Plan area.

Developer also shall work with and negotiate in good faith with the adjacent property owner to obtain permission for the design and construction of striped pedestrian crossing and associated median and/or ramp modifications at the shared driveway for McCarthy Ranch Marketplace and Specific Plan area entrances.

3.

Grading. Given the relatively level topography within the Specific Plan area, development will result in modest changes to topography and ground surface features. During grading and construction, however, developer shall adhere to all applicable recommendations for abating expansive soil conditions contained in the Geotechnical Engineering Investigation or comparable geotechnical study. Prior to the issuance of grading permits, developer shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Milpitas that identifies specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities.

4.

Construction. During all construction activities within the Milpitas Commercial Specific Plan area, the following measures shall be implemented:

a.

Water all active construction areas and exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) at least two (2) times per day;

b.

Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two (2) feet of freeboard;

c.

Pave, apply water three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites;

d.

Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites;

e.

Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets;

f.

All vehicle speeds on unpaved roads shall be limited to fifteen (15) miles per hour;

g.

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;

h.

Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points;

i.

All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and,

j.

A publicly visible sign shall be posted with the telephone number and person to contact at the City of Milpitas regarding dust complaints. This person shall respond and take corrective action within forty-eight

(48) hours. The phone number of the Bay Area Air Quality Management District shall also be visible to ensure compliance with applicable regulations.

5.

Fiscal Implementation. Implementation of the Specific Plan including, without limitation, construction of all infrastructure and private facilities contemplated in the Specific Plan, will be financed as follows:

a.

All infrastructure necessary to implement the Specific Plan will be privately funded (by way of debt and/or equity financing), except to the extent that the cost of components of the infrastructure is a) funded by development impact fees, fair share contributions and other payments to public agencies and/or b) reimbursed from any public source.

b.

All private improvements necessary to implement the Specific Plan will be privately financed (by way of debt and/or equity financing).

E.

Administration.

1.

Permit Processing. Development within the Specific Plan area that is consistent with the provisions of the Milpitas Commercial Specific Plan and the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Figures XI-10-11-07-6 through -9, and the conditions and requirements set forth in Figure 10, shall be processed under building permit and/or construction plan review and no additional approvals or permits shall be required. Any review or action by City agencies, entities or individuals (i.e., the Milpitas Police Department; the City Engineer; the City Building Department; Planning Director) on such development submittals shall be considered part of building permit and/or construction plan review. The action shall be limited to a determination of compliance with the provisions of the Milpitas Commercial Specific Plan and all applicable building codes and other requirements of the City, County, State and/or other responsible agencies. Building permit and/or construction plan review shall be non-discretionary, final actions that cannot be appealed.

Development that is not consistent with the development standards set forth in the Milpitas Commercial Specific Plan, shall either require a Substantial Conformance Determination, as discussed below, or require approval under the provisions and requirements of the Milpitas Zoning Code for development in the C2 Zone.

Any building permit issuance in the Specific Plan area will be conditioned on the availability of water and sewage capacity as set forth in Sections XI-10-11.07(D)(1)(b) and XI-10-11.07(D)(1)(c). Conformance with the provisions of this Specific Plan do not provide a vested right to the issuance of a Building Permit as water and sewage capacity availability is a material (demand/supply) condition to development on the Specific Plan area.

2.

Existing Uses. Operation and maintenance of existing uses or structures in the Specific Plan area are not subject to the provisions of the Milpitas Commercial Specific Plan provided a building permit has been obtained and is still valid at the time of the effective date of the provisions codified in this title. Any expansion or development of existing uses or structures, however, would require compliance with the provisions of the Milpitas Commercial Specific Plan.

3.

Substantial Conformance Determination.

a.

Purpose. A Substantial Conformance Determination is a mechanism to allow the approval of minor modifications for development under the Specific Plan. A Substantial Conformance Determination may include, but is not limited to, minor modifications to the conceptual plans (Figures XI-10-11.07-6 through9); inclusion of land uses not listed in Section XI-10-11.07(C)(1) of the Specific Plan; modifications that

might be necessary to comply with applicable infrastructure, public services and facilities requirements, and landscape palette; and other issues. A Substantial Conformance Determination does not apply to significant modifications in the basic design of the Specific Plan area; changes to the height or bulk of the approved uses; or increases in the density or intensity of the approved uses unless specifically permitted by the provisions of this Specific Plan.

The purpose of a Substantial Conformance Determination is to ensure orderly development, quality aesthetic design, and safe and harmonious placement of uses within the Specific Plan area. A Substantial Conformance Determination (unless specifically noted otherwise) shall be made by the Planning Director or designee administratively, without the need for a public hearing. In making a Substantial Conformance Determination, the Planning Director or designee shall first make all of the required findings set forth in this section.

b.

Guidelines For A Substantial Conformance Determination. The following guidelines explain the requirements for making a Substantial Conformance Determination, and the limits placed on the degree of variance from the provisions of the Specific Plan that can occur as part of a Substantial Conformance Determination.

i.

Permitted Land Uses. Land uses not listed as permitted in Section XI-10-11.07(C)(1) of this Specific Plan may be permitted, with a Substantial Conformance Determination, provided that:

(1)

The proposed use is compatible with the uses permitted described in Section XI-10-11.07(C)(1) of this Specific Plan; and

(2)

The proposed use is similar to and will not cause environmental impacts substantially greater than the other permitted uses set forth within Section XI-10-11.07(C)(1) of this Specific Plan.

ii.

Infrastructure. Any modifications to the alignment of access roads; parking lot configurations, or adjustments to individual infrastructure facilities plans such as drainage, sewer, water, and utilities shall be subject to a Substantial Conformance Determination by the Planning Director or designee. Prior to making a Substantial Conformance Determination, the Planning Director or designee shall make the finding that the proposed modification will not result in any environmental impacts substantially greater than those which would occur without any modification.

iii.

Environmental Performance Standards. The Planning Director or designee may approve minor variations from the environmental performance standards set forth in Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan, with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall first find that the proposed variation provides substantially equivalent environmental protection as the originally approved standard.

iv.

Conceptual Plan and Other Specific Plan Provisions. Provisions of the Specific Plan including, but not limited to, architectural details; landscape palette; building size, height, bulk, and orientation; parking lot layout; and other plan details may be modified with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisions of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

A maximum ten (10) percent modification to permitted lot coverage, setbacks, floor area (other than the maximum allowable with the Specific Plan area), parking and fence and wall heights may be permitted subject to a Substantial Conformance Determination by the Planning Director or designee. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisions of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

The required parking spaces may be reduced by the Planning Director or designee subject to a Substantial Conformance Determination after preparation of a parking study demonstrating the proposed reduction in parking spaces is justified based on the mix of uses within the Specific Plan area and the use of shared parking between those uses.

A comprehensive sign program shall be submitted to the Planning Director for finding that it complies with the signage requirements of the Milpitas Commercial Specific Plan. Such finding shall be made as a part of building permit and/or construction plan review. Any subsequent sign permit applications that substantially comply with the comprehensive sign program shall be shall be processed as a ministerial building permit

and/or construction plan review. Any comprehensive sign program that does not comply with the signage requirements of the Milpitas Commercial Specific Plan shall require a Substantial Conformance Determination.

4.

Substantial Conformance Determination Procedure.

a.

Application. Applications for a Substantial Conformance Determination shall be made on forms provided by the Planning Director or designee and shall be accompanied by a filing fee, equivalent to the fee for a Site Development Permit application. Applications shall be made by the owner of the property for which the approval is sought, or an authorized agent.

b.

Hearing. No public hearing shall be required for a Substantial Conformance Determination.

c.

Action by Reviewing Authority. The reviewing authority for a Substantial Conformance Determination shall be the Planning Director or designee. The reviewing authority shall take action by providing written notice to the applicant or developer approving, conditionally approving, or denying a Substantial Conformance Determination. The action of the Planning Director or designee shall be final with no appeal.

d.

Findings. The Planning Director or designee must make a Substantial Conformance Determination if all of the following findings, in addition to those identified above, can be made:

i.

The physical characteristics of the site have been adequately assessed, and proposed building sites are of adequate size and shape to accommodate proposed uses and all other features of development.

ii.

There is supporting infrastructure, existing or available, consistent with the requirements of the Milpitas Commercial Specific Plan, to accommodate the development without significantly lowering service levels.

iii.

The development resulting from the determination of substantial conformance will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land uses, as well as the character of the surrounding area.

iv.

The proposed improvements related to the development resulting from a Substantial Conformance Determination adequately address all natural and man-made hazards associated with the proposed development and the project site.

5.

Periodic Review. After receiving a certificate of occupancy, development in the Milpitas Commercial Specific Plan Area is subject to a six-, twelve- and eighteen-month review by the Planning Commission. The review shall be a public hearing to review conformance of the development with the requirements of the Milpitas Commercial Specific Plan.

6.

Specific Plan Amendments.

a.

Purpose. Specific Plan amendments are governed by Government Code Section 65453 and the Milpitas Municipal Code Section XI-10-57.02.

b.

Process.

i.

The Specific Plan may be amended or repealed only by a majority of the voters voting in an election thereon.

ii.

Notwithstanding subsection (a), upon application of the fee title holder of the Milpitas Commercial Specific Plan area, the City Council may amend the Specific Plan to further the purposes of this Specific Plan, but in no case can such amendment reduce or eliminate the parties' obligation to fund, construct, or cause to be funded or constructed, the public benefits or Environmental Performance Standards required.

F.

Environmental Performance Standards. The Specific Plan includes environmental performance standards to ensure that development proceeds with appropriate environmental sensitivity. Environmental studies related to aesthetics, light and glare, health risks, air quality, biological resources, geology, soils and seismicity, hazards and hazardous materials, hydrology and water quality, noise, public services and utilities,

transportation and urban decay were conducted for an expansion of the existing retail facility in the Specific Plan area. Environmental performance standards were developed from these environmental studies along with information from the City of Milpitas General Plan.

All environmental performance standards shall be implemented in accordance with the Specific Plan's environmental performance standards and implementation process as outlined in Table XI-10-11.07-6,

Milpitas Commercial Specific Plan Environmental Performance Standards. The developer of the Specific Plan area shall bear all costs of implementing the environmental performance standards.

Table XI-10-11.07-6 - Milpitas Commercial Specific Plan Environmental Performance Standards

at the McCarthy Boulevard/Ranch Drive (North) intersection.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 20, 8/20/19; Ord. No. 38.799, § 2, 4/19/11)

Section 12 - Overlay Districts and Standards

The General Plan establishes a number of overlay designations for the City. These designations are to be used along with underlying land use designations, such as residential, commercial, mixed-use, and open space designations, also established in the General Plan. Overlay districts signify that an area or site has been identified to have distinct characteristics, requiring special development standards or guidelines beyond those for the underlying zoning designation. The General Plan details the goals, objectives and policies for areas with the overlay designations, which are meant to be used along with the goals, objectives and policies for the underlying zoning designation for an area. It is the purpose of this section to implement the General Plan's vision for the overlay districts through development regulations and guidelines specific to each overlay. The goals for each of the overlay districts are provided with a description of the district, in the following sections.

(Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.02 - Gateway Office (-OO) Overlay District

A.

Purpose and Intent. The purpose of the Gateway Office Overlay District ("-OO") is to provide for higher intensity, Class A office development at gateways to the City of Milpitas. Uses other than Class A offices, shall be permitted or shall require use permit approval as applicable for the underlying zoning district.

B.

Applicability. The "-OO" overlay may be combined with the "C2" or the "CO" districts. However, if any of the regulations specified in the "-OO" overlay district differ from any corresponding regulations of any district with which the "-OO" District is combined, then the provisions of the "-OO" overlay district shall govern.

C.

Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the -OO overlay are the same uses as those allowed within the underlying base zones.

D.

Development Standards. The following standards apply on to Class A offices: all other permitted or conditional uses shall conform to the development standards of the underlying zoning district.

1.

Building Height.

a.

Buildings shall not exceed six (6) stories and eighty-five (85) feet in height.

b.

A Conditional Use Permit may be approved by the Planning Commission for buildings that exceed this standard up to a total height of eight (8) stories and one hundred fifteen (115) feet in height for exceptional architecture and aesthetic merit. Refer to Section XI-10-57.04(C)(2)(b), Conditional Use Permits, of this chapter.

2.

Floor Area Ratio. The maximum Floor Area Ratio (FAR) is one hundred fifty percent (150% or 1.5).

3.

Front and Street Side Setbacks.

a.

The maximum front and street side setback shall be ten (10) feet from back of sidewalk. There is no minimum building setback.

b.

Where a public easement prevents a building from being located in at its required maximum setback, the building shall be located as close to the back of said easement as is possible.

c.

The building shall be parallel to the street and its main entrance shall face the street.

4.

Off-Street Parking Requirements. For Class A office buildings there shall be at least three and three tenths (3.3) parking stalls per one thousand (1,000) square feet of gross floor area (1 parking space per 303 square feet).

5.

Landscape and Open Space.

a.

Each Class A office building within the "-OO" overlay district shall provide an outdoor open space or plaza that is designed in accordance with the Guidelines set forth in the Midtown Specific Plan.

b.

An area no less than ten percent (10%) of the Class A office site area shall be developed as usable open space. This can include plazas, courtyards, pedestrian promenades, balconies, roof decks, and landscaped open space.

E.

Additional Development Requirements. Development within the "-OO" overlay district must incorporate the following measures to ensure an attractive, landmark quality entry image to Milpitas, and encourage the use of alternative modes of transportation.

1.

Adherence to the design guidelines of the Midtown Specific Plan (if located within said plan), which provide for an attractive street presence of the building, stepped buildings to orient the building mass to the main street frontage.

2.

Participation in the Valley Transportation Agency's EcoPass or similar programs that support mass transit.

3.

Initiation or participation in a transportation management program.

4.

Provision of secure and weather protected bicycle parking and showers for employees.

F.

Exception to Standards.

1.

Exceptions to all but the floor area ratio standards may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section XI-10-57.04, Conditional Use Permits, of this chapter.

2.

In addition to the required findings under Section XI-10-57.04(F), Required Findings, of this chapter, the Planning Commission must be able to make the following two additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

(Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.03 - High Rise (-HR) Overlay District

A.

Purpose and Intent. The High-rise Overlay District (-HR) is intended to be a special district to allow greater building height and density at strategic locations to frame major City gateways and provide unique housing, shopping and employment opportunities.

The purposes of the High-rise Overlay District (-HR) are to:

1.

Provide development standards for taller, high rise buildings at appropriate locations that act to promote and support compact, pedestrian-oriented high density mixed-use land uses including diverse employment, dynamic retail and urban residential that serve as a gateway to the City of Milpitas;

2.

Encourage the synergy and integration between vertical mixes of uses;

3.

Create a place that represents a unique, attractive destination for residents and visitors; and

4.

Enhance the community's character through the promotion of high-quality urban design.

B.

Applicability. The HR Overlay can be combined with any zoning district and applied to infill projects that are located along freeways and expressways.

C.

Permitted, Accessory and Conditionally Permitted Uses. Permitted and conditional uses within the HR Overlay are the same uses as those allowed within the underlying base zones except as noted below.

D.

Development Standards. The development standards for the underlying base zoning district shall apply, except any deviations noted below:

1.

Dwelling Units Per Acre (min-max): 60-150 per gross acre.

XI-10-12.04 - Mobile Home Park (-MHP) Overlay District

A.

Purpose and Intent. The purpose of the Mobile Home Park Overlay District is to promote the expansion and diversification of the available housing opportunities within the City of Milpitas by the establishment of standards for the creation of planned mobile home parks.

These provisions will further encourage the creations of stable, attractive residential environments within the individual mobile home parks themselves and provide for a desirable transition to the surrounding conventional residential area.

B.

Applicability. The following regulations shall apply in the "R1-6," "R2," "R3-20," and "HS," which may be combined with the MHP overlay district in addition to the regulations of the underlying zoning district, provided, however, that if any of the regulations specified in this Section differ from any corresponding regulations specified in this Chapter for the underlying District which is combined with an "MHP" overlay district, then the provisions of this Section shall govern.

C.

Principal Permitted Uses. The following are the principal permitted uses in the "MHP" overlay district:

1.

Mobile Home Parks for single-family dwelling uses.

2.

Common recreational facilities and structures.

3.

Administrative offices for Mobile Home Park use.

4.

Residential quarters for use by manager or other Park employees.

5.

Accessory uses normally incidental to a mobile home park, such as but not limited to coin-operated laundry and car washing facilities which are accessible only through the internal park circulation system.

D.

Conditionally Permitted Uses. The following uses and facilities may also be permitted if a Conditional Use Permit is granted by the Planning Commission provided they are found to be subordinate to the primary

mobile home residential function and which are provided for the exclusive use and convenience of residents, residents' family, and guests of the park:

1.

Mobile home and mobile home accessory equipment sales provided such area has direct access from a public street and not through the internal street system of the park.

2.

Personal service establishments such as but not limited to beauty parlors and barbershops.

3.

Other uses which are in accord with the intent of this Section.

E.

Development Standards.

1.

Site Location Criteria. Mobile Home Parks must be located abutting a major street so as to provide for direct access to and from said major street. "Major Street" shall mean a public street having a minimum of four (4) moving lanes in addition to area on both sides to accommodate on-street parking or six (6) moving lanes regardless of allowance for on-street parking.

2.

Yard Area and Dwelling Unit Density Requirements. The following minimum requirements shall be observed except where increased for Conditional Uses:

a.

Park Area. Mobile Home Park sites shall not be less than twenty-five (25) contiguous gross acres.

b.

Mobile Home Park Dwelling Unit Density Per Gross Acre. Areas zoned single-family residential 6000 square feet per dwelling unit ("R1-6") or two-family residential ("R2") shall not exceed six (6) mobile home dwelling units per gross acre. Areas zoned multiple-family residential 2000 square feet per dwelling unit ("R3-20") shall not exceed seven (7) mobile home dwelling units per gross acre. Areas zoned Highway Service ("HS") shall not exceed seven (7) mobile home dwelling units per gross acre.

Provided, however, that all of the above-listed mobile home dwelling units densities may be increased up to a maximum of one (1) additional dwelling unit per gross acre upon the finding by the Planning Commission that the proposed development will consist of a superior functional and aesthetic design which exceeds all or a portion of those standards contained within the adopted Development Standards No. 2—Mobile Home Parks.

c.

Building Setbacks from Parcel Boundaries.

i.

Abutting a public street thirty-five (35) feet.

ii.

Where the rear or side of an "MHP" zone abuts a residential district, there shall be a rear or side yard or both of twenty-five (25) feet.

iii.

Abutting all other zoning districts—fifteen (15) feet.

iv.

Mobile Home Individual Yard Regulations. Minimum yard requirements around individual mobile homes, accessory buildings, carports and awnings shall be determined by California Administrative Code, Title 25, Chapter 5. The Commission or Council may vary this requirement to accommodate innovative design arrangements (see General Development Policy: Mobile Home Parks).

d.

Height Regulation. No recreational and administrative building approved as a part of the mobile home park shall exceed those height regulations pertaining to the base District with which the "MHP" is combined.

3.

Landscaping and Open Space Requirements.

a.

A minimum of twenty-five (25) percent of the total park area (not including vehicular accessways and other nonrecreational areas plus permanent buildings) shall be landscaped for recreational open space and this shall be shown on the Site Plan in detail for Planning Commission approval.

b.

A community recreation center which possesses a floor area of twenty-five (25) square feet per mobile home unit but in no case less than a minimum of three thousand seven hundred fifty (3,750) square feet shall be provided and be centrally located within the Park. Space devoted to administrative offices, laundry or other nonrecreational uses which may be developed in conjunction with the community center shall be in addition to the above minimum recreational floor space.

c.

Whenever an entire park or portion of a park is proposed to be used as "family" occupancy the park must provide, subject to Planning Commission approval, additional play areas for children that are of a

convenient size and separated from adult recreation areas.

d.

Each unit shall be provided with a contiguous and permanently surfaced patio area exclusive of the mobile home pad of not less than two hundred (200) square feet.

e.

Each mobile home shall be maintained weed free.

4.

Automobile Parking and Circulation.

a.

The main access to a Mobile Home Park shall be from an abutting major or collector street. (See Site Location Criteria for definition).

b.

The main entrance of a Mobile Home Park shall consist of two (2) ten-foot travel lanes for ingress and an additional two lanes for egress, separated by a landscaped median, a minimum of ten (10) feet in width and one hundred (100) feet in length.

c.

An illuminated directory map shall be provided at all entrances out of the main travel way to the Park in such a manner as to be read by the driver of an entering vehicle without leaving his vehicle. Size and location shall be approved by the Planning Commission.

d.

Additional access points may be allowed after review of specific location by the Planning Commission subject to minimum driveway width of thirty (30) feet at the property line.

e.

All private roadways within the Park shall provide for twenty-five (25) feet in travel lane width and an additional ten (10) feet for each parking lane located along said roadway.

f.

All private roadways shall be structurally designed for a minimum traffic index of five (5) and shall include concrete curbs and gutters.

g.

Residential off-street parking shall be provided at a minimum ratio of two and one-half (2.50) spaces per dwelling unit. One space shall be contiguous to the individual mobile home site and the additional space

may be grouped into a centralized parking area if located within one hundred fifty (150) feet of the dwelling unit to be served.

The remaining portion of the parking requirement is for boats, campers, travel trailers, Park maintenance equipment and similar large items providing for centralized areas to accommodate their storage.

The location of said areas shall be to the approval of the Planning Commission through a Site Development Permit, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits.

h.

A parking space shall be a minimum of nine (9) feet in width.

i.

Parking contiguous to the mobile home site shall be so designed as to assure that a parked automobile will not encroach into an access street and in no case be closer than fifteen (15) feet from a pedestrian walkway.

j.

Parking contiguous to the community center will be provided at a ratio of one space for each fifteen (15) mobile home dwelling units within the Park in addition to the above.

F.

Other Required Conditions. The following additional conditions shall apply in an "MHP" overlay district:

1.

All permitted and conditional uses proposed shall be required to submit Site and Exterior Architectural Plans to be reviewed for approval in conjunction with Planning Commission consideration of zone change application for "MHP" Overlay District.

2.

Site and architectural approval shall be subject to consideration of those policies contained in General Policy—Mobile Home Parks.

3.

Mobile home park development within the City shall comply with applicable provisions of the California Health and Safety Code, relating to the maintenance, use and occupancy of mobile homes and the construction and operation of mobile home parks, as well as the regulations set forth in Title 25, Chapter 5 of the California Administrative Code except when provisions of this Title call for more restrictive regulations.

4.

The park operator shall be responsible for the maintenance of all park and lot landscaping.

5.

Plants, shrubs and trees which die or otherwise become deteriorated shall be replaced with units of equivalent size to the then existing vegetation.

6.

Approval of each Mobile Home Park overlay district zone change is subject to the owner entering into a Maintenance Agreement to the approval of the City Attorney prior to issuance of any City permit.

7.

Each mobile home park operator shall notify the Building department at least 48 hours prior to hauling to or storage on or placement of a mobile home on a lot in a mobile home park for the purpose of enabling the Building Department to assure compliance with Section 18404 of the California Health and Safety Code.

(Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.05 - Site and Architectural (-S) Overlay District

A.

Purpose and Intent. Site and Architectural (-S) Overlay District is intended to be a distinct district that promotes orderly, attractive and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing or disallowing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of this Chapter or which are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Planning Commission may establish more stringent regulations than those otherwise specified for the District.

B.

Applicability. The provisions in this section apply to development within the -S Overlay District. These provisions do not apply to any property within the R1-6, R1-8, and R1-10 districts.

1.

Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the (-S) Overlay are the same uses as those allowed within the underlying zoning districts.

C.

Development Review for the Site and Architectural (-S) Overlay District. Development in areas designated by -S are subject to Site Development Permits or Minor Site Development Permits, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this chapter. Depending on the scale of development proposed, other Discretionary Permits may be required, as well.

Please refer to Section XI-10-57, Applications, of this Chapter, for the requirements for other Discretionary Permits.

XI-10-12.06 - Transit Oriented Development (-TOD) Overlay District

A.

Purpose and Intent. The purpose of the Transit Oriented Development Overlay District ("TOD") is to provide for land uses, land use densities and intensities and development standards that act to enhance and support transit and to locate such uses near rail transit stations. These provisions allow for a mix of goods and services within a convenient walk of the transit stations, encourage the creation of stable, attractive residential, commercial and industrial environments within the District and provide for a desirable transition to the surrounding conventional areas.

B.

Applicability. The "-TOD" overlay can be combined with any zoning district on lands that are generally within a 2,000 foot walk from a rail transit station. If any of the regulations specified in the "-TOD" overlay district differ from any corresponding regulations of any district with the "-TOD" Overlay district is combined, then the provisions of the "-TOD" Overlay district shall govern.

C.

Permitted, Accessory and Conditionally Permitted Uses. Permitted and conditional uses within the -TOD Overlay are the same uses as those allowed within the underlying base zones except as noted below. Refer to the use tables for Residential and Mixed Use Zones, within this chapter.

1.

Accessory Uses in R3-TOD/R4-TOD/R5-TOD Zones.

a.

Retail stores, offices, and commercial service establishments as defined in Section XI-10-2.03, Definitions, provided they are:

i.

On the ground floor level;

ii.

Located on or within three hundred (300) feet of arterials or collectors including Great Mall Parkway, Montague Expressway, Milpitas Boulevard, Trade Zone Boulevard, and Piper Drive;

iii.

Less than or equal to ten thousand (10,000) square feet in gross floor areas;

iv.

Not open past 10:00 p.m.;

v.

Conducted wholly within a building, except for approved outdoor seating areas;

vi.

Not Adult Businesses as defined in Section XI-10-13.04, Adult Businesses, of this chapter;

vii.

Not specifically noted in Section XI-10-6.04, Mixed Use Zone General Development Standards, of this chapter, as requiring Conditional Use Permit approval; and

viii.

Not specifically noted in Section XI-10-6.04, Mixed Use Zone General Development Standards, of this chapter, as a use not permitted in a mixed-use district.

If items a through d are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, of this chapter.

b.

Restaurants, or restaurants which include internet usage for customers, provided they:

i.

Are located on or within three hundred (300) feet of arterials or collectors including Great Mall Parkway, Montague Expressway, Milpitas Boulevard, Trade Zone Boulevard, and Piper Drive;

ii.

Are located on the ground floor;

iii.

Provide no dancing or live entertainment;

iv.

Have only ancillary on-premise consumption of beer and wine associated with food sales;

v.

Conform to the performance standards as listed in Subsection XI-10-6.02-5, Restaurant Uses within Mixed Use Zones, of this chapter.

If items a through d are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, Conditional Use Permits, of this chapter.

c.

Other accessory uses and accessory buildings customarily appurtenant to a permitted use, as provided for in Section XI-10-54.08, Accessory Buildings and Structures, of this chapter.

2.

Conditionally Permitted Uses. The following require the approval of a Conditional Use Permit in accordance with Section XI-10-57.04, Conditional Use Permits, of this chapter.

a.

Retail stores, offices and commercial service establishments, as defined in Section XI-10-2.03, Definitions, of this chapter, which do not meet the criteria in Section XI-10-12.06(C)(1)(a), Accessory Uses in R3TOD/R4-TOD/R5-TOD Zones, of this section.

b.

Restaurants, or restaurants which include internet usage for customers, which do not meet the criteria in Section XI-10-12.06(C)(1)(b) Accessory Uses in R3-TOD/R4-TOD/R5-TOD Zones, of this chapter.

c.

The following uses may be allowed on the ground floor of a mixed use or residential building if a Conditional Use Permit is granted by the Planning Commission:

i.

Transit stations and parking.

ii.

Small-scale commercial uses to serve residents and local pedestrian traffic and to transit users, such as dry cleaners, video rentals, day care centers and cafes.

D.

Prohibited Uses.

1.

Vehicle oriented window service facilities, including drive-up or drive-in services.

2.

Adult Businesses, as defined in Section XI-10-13.04, Adult Businesses, of this chapter.

E.

Development Standards. The development standards for the underlying base zoning district shall apply, except any deviations noted below:

1.

a.

Residential developments shall be a minimum of thirty-one (31) dwelling units per gross acre and shall not exceed forty (40) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Residential building height shall not exceed four (4) stories and sixty (60) feet, including special architectural elements such as towers and spires.

c.

The maximum FAR for nonresidential buildings in the "MXD" District is one hundred percent (100% or 1.0).

2.

MXD2-TOD Areas.

a.

Residential developments shall be a minimum of thirty-one (31) dwelling units per gross acre and shall not exceed fifty (50) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Childcare Centers.

i.

Childcare centers are exempt from the FAR limits.

ii.

Square footage dedicated to childcare centers may be counted towards the commercial space requirement.

3.

MXD3-TOD Areas.

a.

Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed seventy-five (75) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Building Height. Greater height up to twenty-four (24) stories may be allowed with Planning Commission review.

c.

Childcare Centers.

i.

Childcare centers are exempt from the FAR limits.

ii.

Square footage dedicated to childcare centers may be counted towards the commercial space requirement.

4.

R3-TOD Areas.

a.

Building Height. Residential building height shall not exceed four (4) stories and sixty (60) feet.

b.

Residential Density. Residential density shall be a minimum of twenty-one (21) dwelling units per gross acre and shall not exceed forty (40) dwelling units per gross acre.

c.

Nonresidential Intensity. Ground floor retail, restaurant, and commercial service uses are permitted up to a maximum Floor Area Ratio of thirty percent (0.30 or 30%).

d.

Front and Street Side Setbacks.

i.

There shall be a minimum setback of eight (8) feet and a maximum building setback of fifteen (15) feet from the property line.

iii.

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.

5.

R4-TOD Areas.

a.

Building Height. Residential building height shall not exceed six (6) stories and seventy-five (75) feet.

b.

Residential Density. Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed sixty (60) dwellings units per gross acre.

c.

Nonresidential Intensity. Ground floor retail, restaurant, and commercial service uses are permitted up to a maximum Floor Area Ratio of fifty percent (0.50 or 50%).

d.

Front and Street Side Setbacks.

i.

There shall be a minimum setback of twelve (12) feet and a maximum building setback of twenty (20) feet from the property line.

iii.

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.

6.

R5-TOD Areas.

a.

Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed seventy-five (75) dwelling units per gross acre.

b.

Ground floor retail, restaurant, and commercial service uses are permitted, up to a maximum Floor Area Ratio of fifty percent (50% or 0.50).

c.

Ground Floor Commercial Design Standards. On retail mixed use streets, and in any other areas with ground floor retail, restaurant, and commercial service uses, the following standards apply:

i.

Ground Floor Commercial Depth. Ground floor commercial tenant spaces shall be at least sixty (60) feet deep. Exceptions may be allowed for small tenant spaces less than two thousand five hundred (2,500) square feet.

ii.

Floor to Ceiling Height.

Retail: minimum eighteen (18) feet.

Office: minimum fifteen (15) feet.

iii.

Windows. At least sixty (60) percent of the ground floor wall area between three (3) and eight (8) feet above the sidewalk shall be glass or other transparent material.

iv.

Blank Walls. No more than thirty (30) percent of the linear frontage per street may be blank. No more than twenty-five (25) contiguous feet in length may be blank.

v.

Building Entrances. There shall be at least one entrance per one hundred (100) feet of building frontage.

vi.

Exterior Materials. All ground floor exterior materials shall be durable, quality materials, such as tile, stone, brick or glass.

vii.

Wall Plane Articulation. Windows, doors, columns, and other features shall be recessed or project forward, such that there is a six-inch difference between wall and window surfaces and a total of at least eighteen inches from the window to the outermost plane of a wall or column.

Floor Elevation. Ground floor elevation shall be no more than two feet above or below the sidewalk level.

C2-TOD Areas.

a.

Floor Area Ratio. The maximum FAR in the "C2-TOD" District is one hundred percent (100%, or 1.0).

8.

"MP-TOD" Areas.

a.

Side Yard Setbacks.

i.

Minimum ten (10) feet.

ii.

Minimum thirty-five (35) feet when abutting residential uses.

b.

Rear Yard Setbacks.

i.

Minimum twenty (20) feet.

ii.

Minimum one hundred (100) feet when abutting residential uses.

10.

I-TOD Areas.

a.

Floor Area Ratio. There will be no maximum FAR in the "I-TOD" district.

F.

Off-Street Parking and Bicycle Parking.

1.

Off-Street Parking. Total off-street parking required in the Parking Schedule (refer to Section XI-10-53.23) and elsewhere in this Chapter may be reduced up to twenty percent (20%) for all "-TOD" overlay districts.

Development projects in the Transit Area Specific Plan area shall have maximum off-street parking requirements which are equal to the minimum off-street parking requirements of the base zoning district. Refer to the Parking Schedule in Section XI-10-53.23.

3.

For locations within the Transit Area Specific Plan, preferential parking for carpools shall be one percent of the total amount of parking spaces required and appropriately signed.

Number of Parking Spaces Required for MXD-TOD Zones

G.

Bicycle Parking.

1.

Long-term bicycle parking shall be one space per every four housing units.

2.

Short-term bicycle parking shall be one space per every 20 parking spaces required.

H.

Landscape and Open Space Requirements for Residential Uses.

When combined with "-TOD" there shall be no minimum on-site open space requirements other than those specified in the base zoning district; however, adequate open space shall be provided to the approval of the Planning Commission through the Site Development Permit process.

2.

All residential projects within the Transit Area Specific Plan area shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.

a.

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.

b.

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.

I.

Additional Development Requirements.

1.

All developments within the "-TOD" Combining District shall, through the Site Development Permit review process, incorporate measures that would encourage the use of transit, foot and bicycles, including, but not limited to:

a.

Retail shops and services that residents and employees use on a frequent basis, such as restaurants, cafes, exercise facilities, dry cleaners, day care, video rental and automated teller machines.

b.

Participation in the Valley Transportation Agency's EcoPass or similar programs that support mass transit.

c.

Provision of bicycle facilities and showers in new office and employment uses larger than 50,000 square feet only.

2.

For locations within a Specific Plan, all improvements shall conform to the Midtown Specific Plan, including the Design Guidelines and Standards set forth in Chapter 8, or the Transit Area Specific Plan, including

Design Guidelines and Standards set forth in Chapter 5.

J.

Exceptions to Standards.

1.

Exceptions to all but the density and floor area ratio standards may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section XI-10-57.04, Conditional Use Permits, of this Chapter.

2.

In addition to the required findings under Section XI-10-57.04(F), Required Findings, of this chapter, the Planning Commission must be able to make the following three additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

c.

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.)

K.

Conformance with Specific Plans.

1.

Midtown Specific Plan.

a.

The Midtown Specific Plan policies, as well as the Design Guidelines and Standards set forth in Chapter 8 of the Plan, shall apply to all properties within the Midtown area if any one or more of the following occurs:

i.

Whenever a new building is constructed, regardless of size;

ii.

Whenever the use of an existing building is expanded or changed to a use requiring 50% or more off-street parking spaces, as determined by the City's adopted parking standards; or

iii.

Whenever an existing building is increased in gross floor area by 10% of the existing gross floor area or is enlarged by 500 or more square feet, whichever is less (all additions or enlargements completed since May 2, 2002 shall be totaled).

If exterior building or site improvements (including signage) are proposed that do not fall under subsections (i) through (iii) above, such improvements shall be designed to conform to the Midtown policies, guidelines and standards applicable to the improvements, without requiring additional Midtown-related improvements to be imposed.

b.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

2.

Transit Area Specific Plan.

a.

The Transit Area Specific Plan policies, including policies for specific subdistricts in Chapter 4 and the Development Standards and Design Guidelines set forth in Chapter 5 of the Plan, shall apply to all properties within the Transit Area if any one or more of the following occurs:

i.

Whenever a new building is constructed, regardless of size;

ii.

Whenever the use of an existing building is expanded or changed to a use requiring 50% or more off-street parking spaces, as determined by the City's adopted parking standards; or

iii.

Whenever an existing building is increased in gross floor area by 10% of the existing gross floor area or is enlarged by 500 or more square feet, whichever is less (all additions or enlargements completed since the adoption of the Specific Plan June 3, 2008 shall be totaled.

If exterior building or site improvements (including signage) are proposed that do not fall under subsections (i) through (iii) above, such improvements shall be designed to conform to the Transit Area policies, guidelines and standards applicable to the improvements, without requiring additional Transit Area-related improvements to be imposed.

b.

The policies and standards of the Transit Area Specific Plan will supersede the Midtown Specific Plan and the General Plan in the transit area. Should a conflict between the existing plans and codes arise within the Transit Area, the policies and standards of the Transit Area Specific Plan shall govern.

c.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

(Ord. 38.781 (1), 12/16/08; Ord. 38.780 (19) (part), 8/19/08)

XI-10-12.07 - Recreation and Entertainment (-RE) Overlay District

A.

Purpose and Intent. The Recreation & Entertainment Overlay District (-RE) is intended to be a special district to allow a unique mixture of indoor and outdoor recreation and entertainment uses that attract patrons from the surrounding region.

The purposes of the Recreation & Entertainment Overlay District (-RE) are to:

1.

Create a district that will be an attractive destination that draws visitors to Milpitas.

2.

Encourage the interaction of a commercial and entertainment uses to enhance retail spending opportunities

3.

Diversify the City's economic base to protect the local economy from downturns in any one economic sector.

B.

Applicability. The RE Overlay is indented to be combined with commercial and industrial districts located west of Interstate 880.

C.

Use Regulations

a.

Permitted and Conditionally Permitted Uses.

i.

Primary uses. The uses identified in Table 12.07-1 shall be the primary uses allowed to occur on a property. The primary uses identified are either permitted (P), conditionally permitted (C), or not permitted (NP) in the underlying zoning districts.

b.

Accessory uses. The following accessory uses are allowed when incidental to the primary use:

i.

Cafeterias in industrial areas may be permitted when ancillary to a primary use and associated with business or industrial uses.

c.

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.

D.

Development Standards. The development standards for the underlying base zoning district shall apply.

Recreation & Entertainment Overlay District Uses

1 Not including stand alone off-sale alcoholic beverage outlets (such as liquor stores).

2 Refer to the definition for "Commercial services" in Section XI-10-2, Definitions, of this Chapter.

3 Refer to Subsection XI-10-47.04(C)(9), Certain Industrial Uses within Commercial Districts, of this Chapter.

4 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as televisions, radios, and pharmaceutical products.

5 Refer to Subsection XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

6 Entrances to the service bays shall not be open to the street, but shall be so designed to face the rear or interior side property line.

7 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships.

8 Entrances to the service bays shall not be open to the street, but shall be so designed to face the rear or interior side property line. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

9 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three (3) acres or greater in area.

10 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

11 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.

(Ord. No. 38.839, § 9, 12/3/19; Ord. No. 38.813, § 2, 4/1/14; Ord. No. 38.795, § 30, 4/6/10)

XI-10-12.08 - Freeway Corridor (-FC) Overlay District

A.

Purpose and Intent. The purpose of the Freeway Corridor Overlay (-FC) is to establish a process to consider an increase in the maximum permitted Floor Area Ratio to accommodate new and infill developments along the freeway corridor.

B.

Applicability. The (-FC) overlay may be combined with any non-residential zoned property within 300 feet of Interstate 680, Interstate 880, and State Route 237. Increase in the maximum permitted Floor Area Ratio pursuant to this Section shall require an application for the applicable discretionary permit(s) in accordance to this Chapter and completion of all required environmental analysis and documents for City review and consideration.

C.

Permitted, Accessory, and Conditionally Permitted Uses. Permitted and conditionally permitted uses within the (-FC) overlay are the same as those allowed within the underlying base zone.

D.

Development Standards. The development standards for the underlying base zoning district shall apply, except any exceptions noted below:

1.

Increase of up to twenty percent (20%) above the maximum permitted Floor Area Ratio authorized in the General Plan and this Chapter may be allowed with approval of the applicable discretionary permit provided the new or infill development meets all of the requirements of this Chapter. For example, if the General Plan and Zoning Ordinance authorize a maximum permitted Floor Area Ratio of 0.50, eligible properties within the Freeway Corridor Overlay District may submit a development application requesting an increase in floor area ratio of up to 0.60, which is a twenty percent (20%) increase from the maximum permitted Floor Area Ratio in the General Plan and Zoning Ordinance.

2.

This overlay may not be combined with any other overlay districts or any other process permitted under this Chapter allowing additional Floor Area Ratio.

(Ord. No. 38.812, § 4, 2/18/14)

Section 13 - Special Uses