Milpitas Zoning Code § 6.03 XI-20-2.05 - Comparable Housing

(a)

At the time and place fixed for receiving and considering such expense statement, the City Council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the costs of preparing the same, and the City Manager's Designee shall attend such meeting with his report and expense statement; and upon such hearing, the Council may make such modifications

in the proposed report and costs of preparing said report and assessment thereof as it may deem necessary, after which said report and statement shall be confirmed by resolution.

(b)

The amount of the cost of preparing said report shall constitute special assessment(s) against the respective lot(s) or parcel(s) of land which are the subject of the report and, after thus made and confirmed, shall constitute a lien on such property for the amount of such assessment until paid.

6.03-2 Assessment - Collection. The Director of Finance shall cause the amount of the assessment to be entered on the City assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes are collected and shall be subjected to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for City taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-6.04 - Applicability

The provisions of this Section shall not be applicable if an application for a Mobile Home Park Conversion Permit has been filed pursuant to this Chapter prior to the filing of a notice pursuant to Section 6.01-1, or of a written statement pursuant to Section 6.01-2, where such application is pending.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 7 - Notice - Public Hearing

XI-20-7.01 - Notice and Distribution to Mobile Home Owners and Residents

7.01-1 Not less than thirty (30) days prior to the scheduled public hearing before the Planning Commission on the Mobile Home Park Conversion Permit, the applicant shall transmit to the owner or the occupant of each mobile home occupying a mobile home site within the park, and to all other persons described in Section 5.02, a copy of the conversion impact report, a notice of the public hearing on the Mobile Home Park Conversion Permit, and notice of the information meeting(s) required to be held pursuant to Subsection 7.01-4.

7.01-2 The copies of the conversion impact report and this Chapter, and notices of the public hearing and the information meetings, shall be transmitted either by certified mail, return receipt requested, or by personal service. When personal service is made, a written certificate of proof of service shall be filed with the City. Where more than one (1) person occupies a mobile home, notice need only be sent to the person or persons whose name or names appear(s) on the rental agreement pertaining to that mobile home site.

7.01-3 Not less than fifteen (15) days prior to the date of the public hearing, the applicant shall cause to be filed with the City a verification that he or she has complied with the requirements of this Section pertaining to transmittal of copies of the conversion impact report and of this Chapter and of the notices of the public hearing on the Mobile Home Park Conversion Permit and on the informational meeting or meetings. Where

such transmittal has been by certified mail, copies of return receipts shall be filed with the City. When such transmittal has been by personal service, a list shall be filed with the name of each person served and the date of service.

7.01-4 Not later than fourteen (14) days prior to the scheduled public hearing before the Planning Commission on the Mobile Home Park Conversion Permit, the applicant shall conduct not less than one (1) informational meeting for the residents of the mobile home park regarding the status of the application for Mobile Home Park Conversion Permit, the timing of proposed relocation of residents, relocation benefits available, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobile home park. The applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to accommodate all of the residents. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting or meetings.

7.01-5 Not less than five (5) days prior to the public hearing on the Mobile Home Park Conversion Permit, the applicant shall file with the City a statement made under penalty of perjury that he has complied with the requirements of Subsection 7.01-4. Such statement shall state the date, time and place where such meeting(s) was or were conducted.

7.01-6 The City shall publish notice of the public hearing in accordance with the provisions of Section 2.05 of Chapter 20 of Title I of the Milpitas Municipal Code.

7.01-7 When an application for a Mobile Home Park Conversion Permit has been filed with the City, or when the City Manager's Designee has transmitted notice pursuant to Section XI-20-6 that a mobile home park is undergoing a change of use, the owner of such park shall advise each person who commences occupancy of a mobile home of such notice in writing, prior to commencement of such occupancy, that such determination has been made, and that the occupant may not be entitled to any relocation assistance pursuant to Section 9 of this Chapter. The owner of such park shall obtain a signed acknowledgment of each such occupant indicating receipt of such information.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-7.02 - Public Hearing

7.02-1 Within sixty (60) days following the receipt of a completed application for a Mobile Home Park Conversion Permit, including the notices and verifications of notice required by Section 7.01 of this Chapter, the application shall be set for pubic hearing before the Planning Commission. The public hearing shall be opened, conducted, and closed with the sixty (60) day period. However, an extension or extensions cumulatively totaling no more than sixty (60) additional days may be granted if mutually agreed to by the approving body and the applicant.

7.02-2 At the public hearing, or any continuation of it, all interested parties will be allowed to present evidence to the Planning Commission on any aspect of the application. The evidence may include, but not be limited to, justification for the payment of relocation costs, evidence of why a mobile home cannot be relocated to a comparable park, and similar information.

7.02-3 In addition to the information/testimony received at the public hearing, the Planning Commission shall consider the information set forth in the application.

7.02-4 The Planning Commission shall recommend that the City Council make findings as set forth in Section 8 of this Chapter on the Mobile Home Park Conversion Permit application, including any application for exemption from relocation assistance obligations.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 8 - Findings and Determination by City Council

XI-20-8.01 - City Council Action

The City Council may approve, conditionally approve, or deny a Mobile Home Park Conversion Permit involving a proposed change of use (other than simple closure of the park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied, and express local land use authority under both state and local law. The City Council shall not deny, but may approve or conditionally approve, a conversion permit involving the simple closure of the park, or cessation of the use of the land as a mobile home park, with no intended new use of the land as a mobile home park, with no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this Chapter and there is no evidence that the applicant or owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

8.02-1 The City Council, in considering an application for a Mobile Home Conversion Permit, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following factors and any other factors as it deems appropriate:

(a)

Whether the information submitted with the permit application indicates that the proposed conversion, closure, or cessation of use will have an adverse impact upon the residents of the mobile home park;

(b)

Whether there will exist, at the time of the conversion, closure, or cessation of use, sufficient, available mobile home lots within the city and/or within the area surveyed in the impact study to accommodate the mobile homes to be displaced;

(c)

Whether the age, type, condition, and style of mobile homes within the park proposed for conversion, closure, or cessation of use are such that the mobile homes are able to be moved and accepted into other parks within the city or within the area surveyed in the impact study;

(d)

Whether the homeowner cannot relocate to a comparable mobile home park within the impact study area and justification for that conclusion;

(e)

Determination of reasonable costs of relocation based on Section 9 of this Chapter;

(f)

If the proposed conversion is to another residential use, whether the residents of the mobile home park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonably long-term displacements;

(g)

Whether the proposed conversion is consistent with the City's General Plan, any applicable specific plan and/or zoning ordinances;

(h)

Whether the proposed conversion will be detrimental to the public health, safety, and general welfare; and

(i)

Whether all reports and notices required by law have been properly prepared and properly served.

8.02-2 Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Section 10.02-1, the City Council shall make one of the following findings:

(a)

That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that both of the following are true: that the continued use of the property as a mobile home park would eliminate substantially all reasonable use of such property, and that the cost of relocation assistance benefits which would otherwise be required by this Chapter for alternative uses would eliminate substantially all reasonable use or economic value of the property for such uses;

(b)

That the applicant or owner shall be exempt from relocation assistance obligations, in whole or in part, because he or she has shown sufficient evidence that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of such property, and that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In making such determination the City Council may take into account the financial history of the mobile home park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated cost of relocation assistance benefits, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobile home park, and other pertinent evidence presented. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit which would otherwise be applicable and shall expressly indicate in its decision any such waiver or elimination and the degree thereof.

8.02-3 Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 10.02-2, the City Council shall make one of the following findings:

(a)

That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part. In rendering its decision, the City Council shall have the power to eliminate or waive all or portions of any type of benefit to the extent necessary to comply with the judgment, order or decree of the court;

(b)

That the applicant shall not be exempt from any relocation assistance obligations based upon any actions of a court of bankruptcy, because sufficient evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobile home park, or that such court has prohibited or precluded the payment of any such benefits, or both.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 9 - Conditions

The applicant shall include within the impact report relocation assistance which complies with the requirements of this Section, and shall be responsible for providing such relocation assistance where the City Council determines that the conversion impact report complies with the requirements of this Chapter and such assistance is a necessary permit condition to mitigate the adverse impact of the conversion of the mobile home park, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 10. As stated in Section 3, the applicant will be responsible for all relocation costs as well as administrative costs associated with the preparation of the conversion impact report by the housing specialists.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

In approving a Mobile Home Park Conversion Permit, the City may attach reasonable conditions in order to mitigate the impacts associated with the conversion, closure, or cessation of use. Such conditions may include, without limitation, the following:

(a)

An effective date of termination of tenancy of not less than six (6) months from the date of the approval of the Mobile Home Park Conversion Permit (as required by Civil Code § 798.56(f)) so as to provide sufficient time for the relocation of the mobile homes to other parks;

(b)

Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the Mobile Home Park Conversion Permit application;

(c)

Time for payment of relocation assistance, including payment to residents who relocate within thirty (30) days of approval of the Mobile Home Park Conversion Permit;

(d)

Full payment to each park resident of the resident's reasonable costs of relocation, which may include:

(i)

For homeowners who are unable to relocate, a determination of a fair price for their mobile homes based on information contained in the impact study and received at the public hearing;

(ii)

For homeowners who relocate within fifty (50) miles of the subject mobile home park, the actual costs of dismantling, moving, reassembling, and rebuilding, as necessary, the mobile home, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property; packing, moving, and unpacking all personal property; and costs for meals, lodging, and gas while the mobile home is dismantled, moved and reassembled;

(iii)

For homeowners who relocate their mobile home to a mobile home park further than fifty (50) miles of the subject mobile home park, or to a location other than a mobile home park, assistance may consist of the estimated cost they would have incurred had they relocated to the closest mobile home park which would accept their mobile home, as determined by the impact study;

For tenants, the costs may include all reasonable expenses incurred in moving to a new location, up to a maximum distance of fifty (50) miles.

(v)

For those residents who qualify as low or very low income persons or families, as defined by HUD or who are receiving supplemental Social Security benefits, a lump sum based on consideration of the difference between higher rent at the new park for two years and the park that is closing.

(vi)

For those residents who are handicapped or disabled, a lump sum based on consideration of the cost of obtaining any assistance necessary to move, such as help with packing or other physical tasks that the

resident cannot perform without assistance, and to offset the cost of replacing any special equipment that cannot be moved and is used because of the resident's disability.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

The City's approval of a Mobile Home Park Conversion Permit shall not be valid and effective until the applicant has filed a certificate of acceptance of the conditions of approval with the City.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.04 - Agreement Between the Owner/Tenant and Applicant

In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, the residents and applicant(s) may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this Section, shall include a copy of this Section as an attachment, shall include a provision in at least tenpoint type which clearly informs the resident that he has the right to seek the advice of an attorney of his choice prior to signing the agreement with regard to his rights under such agreement, shall be drafted in the form and content otherwise required by applicable state law and shall be approved by the City Council.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.05 - Services of Housing Experts

All eligible mobile home owners, except for those not occupying mobile homes within the mobile home park, and all mobile homes within the mobile home park, and all mobile home tenants of eligible mobile home owners, shall be provided with the services of one or more housing experts to assist them in relocating to available and appropriate housing upon their request. Any such experts shall be familiar with the housing market, individual needs for housing types, and income and loan requirements of various types of housing. Such assistance shall include financial advice, the explanation of the various housing alternatives available, and transportation of residents who are unable to operate motor vehicles to the various housing alternatives. Any housing experts selected by the applicant shall be subject to the approval of the City Manager's Designee.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-9.06 - Right of First Refusal—Housing on Site

All eligible mobile home owners and all mobile home tenants of eligible mobile home owners shall be provided with a right of first refusal to purchase housing to be constructed for sale on the site of the mobile home park, or to lease or rent rental housing to be constructed for lease or rental on such site.

No waiver by an eligible mobile home owner of any of his or her rights pursuant to this Section shall be valid or effective for any purpose.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Provisions shall be made for those mobile home owners who have a demonstrated urgent need to relocate, as determined by the Council, prior to the date set forth in the impact report. Such provisions shall be limited to payments of a reasonable approximation of the in-place value as approved by the Council.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 10 - Application for Exemption from Relocation Assistance Obligations

XI-20-10.01 - Filing—Notice

10.01-1 Any person who files an application for a Mobile Home Park Conversion Permit may, simultaneous with such application, file an application for total or partial exemption from the obligation to provide relocation assistance pursuant to Section 9. The owner of a mobile home park as to whom the City Manager's Designee has made a determination pursuant to Section 6.01-2 may also file such an application for exemption not later than thirty (30) days from the date of transmittal of the notice of determination by the City Manager's Designee pursuant to Section 6.01-3.

10.01-2 If such application is filed, notice of such application, with the information contained therein, and distribution thereof to the owners and occupants of the mobile home park shall be accomplished pursuant to Sections 7.01-1 and 7.01-2.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-10.02 - Basis for Exemption Application

Any such exemption application shall state that it is made on either or both of the following bases:

10.02-1 That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property.

10.02-2 That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobile home park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-10.03 - Application—Contents

Any such application made pursuant to Subsection 10.02-1 shall contain, at a minimum, the following information:

10.03-1 Statements of profit and loss from the operations of the mobile home park for the most recent five (5) year period of the date of the application or request, certified by a certified public accountant.

10.03-2 If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements or both, and that the cost thereof makes continuation of the park economically infeasible, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the State of California, certifying that such contractor has thoroughly inspected the entire mobile home park; that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe and sanitary condition; the minimum period of time in which such improvements or repairs must be made; an itemized statement of such improvements and repairs; and the estimated cost thereof. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home sites within the park within the next five (5) years necessary to pay for such repairs or improvements.

10.03-3 The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this Chapter, which shall be based upon documented surveys included with the application of the available mobile home sites within two hundred (200) miles of the mobile home park, residents of the park who would elect to relocate and those who would elect to sell their mobile homes, and the value of the mobile homes in the park based upon recent sales of representative mobile homes in the park.

10.03-4 An estimate of the value of the mobile home park by a qualified real estate appraiser if the park were permitted to be developed for the use proposed in the application for redevelopment of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued.

10.03-5 Such other information which the applicant believes to be pertinent, or which may be required by the City Manager's Designee.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

XI-20-10.04 - Required Documentation

Any such application filed pursuant to Subsection 10.02-2 shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders and decrees of such court.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 11 - Obligations of Applicant or Mobile Home Park Owner After Approval of Conversion Impact Report

XI-20-11.01 - Applicant Obligations—Time Limits

After the date of the City Council's decision on the Mobile Home Park Conversion Permit, the applicant shall undertake or be responsible for performance of the following obligations, except to the extent that the City Council may have exempted the application therefrom pursuant to Section XI-20-18:

11.01-1 Not later than thirty (30) days from the date of the City Council's decision, the housing specialist or specialists shall make personal contact with each resident of the mobile home park and commence consultations to determine the proper relocation assistance to be provided. The housing specialist or specialists shall give each resident and former resident eligible to receive relocation assistance written

notice of his or her relocation assistance and benefit options, the time limits within which he or she must select the desired option, one (1) or more copies of a standard form to be used for the resident to make his or her selection, and a designation of the person and place to whom and to which completed forms must be submitted.

11.01-2 Not later than four (4) months from the date of the City Council's decision, residents who are entitled to make elections between alternate benefits shall make such selection in writing. Such selection shall be submitted to the park owner or applicant, as the case may be, on a form provided by the housing specialist.

11.01-3 Not less than thirty-five (35) days prior to the date any resident is required to vacate the mobile home park, any cash or monetary relocation assistance shall be paid to such resident, to any former resident eligible for such assistance, or to any person, firm or corporation performing relocation-related services for the resident, as the resident may direct.

11.01-4 Not more than six (6) months from the date of the City Council's decision, any required appraisals of mobile homes shall be completed. If any such appraisal is incomplete due to any act or omission of the mobile home park owner or applicant, the otherwise required time for vacation of the mobile home park by the residents affected by such delay shall be extended by ninety (90) days. If any such appraisal is incomplete due to any act or omission of a mobile home owner, the owner of the mobile home park or the applicant, as the case may be, shall give the owner of the mobile home a written notice of such deficiency, which shall state that if the appraisal is not completed within thirty (30) days of the notice, the appraisal of the mobile home park owner or applicant, as the case may be, shall govern. If the owner of such mobile home does not complete such appraisal within such period, the required valuation of the mobile home shall be based upon the appraisal of the mobile home park owner or applicant, as the case may be. In addition, not more than six (6) months from the date of the City Council's decision, the applicant or owner of the mobile home park, as the case may be, shall enter into contracts with moving contractors necessary for the relocation of mobile homes or personal property, or both.

11.01-5 The date upon which any resident of the mobile home park is required to vacate such park, or upon which the owner of any mobile home is required to be removed from the mobile home park, shall be not less than six (6) months from the date of notice of termination of tenancy and not less than thirty-five (35) days from the date of payment of any required relocation benefits.

11.01-6 If the owner of the mobile home park or the applicant, on such application, specifically requests that any of the time limitations required by this Section be modified, the City Council shall consider any such modification and evidence relating to the need therefore at the public hearing on the Mobile Home Park Conversion Permit. The City Council shall have the power to make modifications in such time limits, both in response to a request and on its own motion, in conjunction with any approval of a Mobile Home Park Conversion Permit, as the City Council may deem just and reasonable. (Ord. 230 (part), 6/21/88)

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 12 - Payment of Relocation Assistance Benefits-Prerequisite to Issuance of Building Permit to Redevelop Park

XI-20-12.01 - Verified and Itemized Payment Statement Required

No building permit shall be issued for the development of any real property which has been, or is being, converted from a mobile home park pursuant to this Chapter unless and until the applicant or the owner of the property, as the case may be, who is responsible for payment of any required monetary relocation assistance, shall have filed with the City Manager's Designee a verified statement made under penalty of perjury that relocation assistance payments required as conditions of the Mobile Home Park Conversion Permit pursuant to this Chapter have been paid. Such statement shall specify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 13 - Enforcement

XI-20-13.01 - Enforcement

Enforcement of this Chapter shall be pursuant to Milpitas Municipal Code Section XI-10-63.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 14 - Severability

XI-20-14.01 - Severability

In the event any section or portion of this Chapter hereby shall be determined invalid, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 15 - Effective Date

XI-20-15.01 - Effective Date

The ordinance codified in this Chapter shall become effective thirty (30) days from and after the date of its adoption.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 16 - Exemption from CEQA

XI-20-16.01 - Exemption Findings

The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061, that this Chapter is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project as provided for under Title 14, California Administrative Code, Section 15061(b)(1), in that it does not have a potential for resulting in a physical change in the environment, directly or ultimately, as provided in Title 14, California Administrative Code, Section 15378(a), and that it is further exempt under the definition of Project in Section 15378(b), in that it concerns general policy and procedure making; and the

Council directs that Notice of Exemption be filed with the County Clerk and with the Secretary for Resources.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Section 17 - Posting and Publication

XI-20-17.01 - Posting and Publication-Time Limit

The City Clerk is directed to cause copies of the ordinance codified in this Chapter to be posted and to cause publication once in the Milpitas Post, the official newspaper of Milpitas, of a notice setting forth the date of the adoption and the title of the ordinance codified in this Chapter, within fifteen (15) days after adoption of the ordinance codified in this Chapter.

(Ord. No. 230, 6-21-88; Ord. No. 230.1, § 2, 6-2-09)

Chapter 200 - PLAN LINES* Section 1 - General Provisions

XI-200-1.01 - Purpose

In order to promote, coordinate and secure orderly, efficient, economical and consistent development plans and improvements, plan lines for the reservation of future rights-of-way are hereby adopted for the purpose more particularly set forth as follows:

1.01-1 To assist in providing a definite plan of development for the City of Milpitas and to guide, control and regulate the future growth of said City in accordance with the Master Plan.

1.01-2 To provide an authentic source of information as to the development of the City for present and prospective residents and investors therein.

1.01-3 To provide an authentic source of information as to the development of the City for present and prospective residents and investors therein.

1.01-4 To reserve areas for future widening, extension or creation of streets or space for future utilities, pedestrian ways, vision clearance, fire and police emergency access, access to property and for other essential public services.

1.01-5 To prevent deterioration of property values and impairment of conditions for desirable residential, commercial, industrial, institutional or public development which would result from the lack of plans designed to promote orderly, harmonious and beneficial development of the City and all areas thereof.

(Ord. 97 (part), 11/7/61)

XI-200-1.02 - Enabling Act

This Chapter is enacted pursuant to the authority and procedures set forth in Section 65800 et. seq of the Government Code of the State of California.

Section 2 - Definitions

For the purposes of this Ordinance, certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended.

(Ord. 97 (part), 11/7/61)

XI-200-2.01 - General Definitions

The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words in the singular number include the plural and vice versa; and the word "shall" is mandatory and not directory; the word "lot" includes the word "plot"; the word "City Council" as used herein, shall mean the City Council of the City of Milpitas; the word "Commission" or "Planning Commission" shall mean the Planning Commission of the City of Milpitas, California; the word "City" shall mean the City of Milpitas,

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

(Ord. 97 (part), 11/7/61)

XI-200-2.02 - Building

A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

(Ord. 97 (part), 11/7/61)

XI-200-2.03 - Building Official

The officer charged with the administration and enforcement of the Building Code of the City of Milpitas, or his regularly authorized deputy.

(Ord. 97 (part), 11/7/61)

XI-200-2.04 - Plan Line

A line defined by legal description, may or by distance in feet from the established centerline, or existing line or regularly established property line, or surface and subsurface buildings and structures and adopted pursuant to this Chapter. Plan lines are in the nature of building or structure set back lines.

(Ord. 97 (part), 11/7/61)

XI-200-2.05 - Person

A natural person, a firm, partnership or corporation, the state or political subdivision thereof.

XI-200-2.06 - Structure

Anything constructed, erected, maintained or located over, upon, across, in or under ground including, but not limited to retaining walls, stairways, required off-street parking facilities, any well, whether for water, oil or other hydrocarbon products and any underground storage facilities, provided the term "structure" shall not include any public utilities installed under authority or franchise.

(Ord. 97 (part), 11/7/61)

XI-200-2.07 - Use

The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 97 (part), 11/7/61)

Section 3 - Application

Nothing contained in this Chapter is intended to repeal any other ordinance of the City of Milpitas or portion of the Milpitas Municipal Code.

The provisions and requirements contained in this Chapter shall be in addition to such other provisions as are heretofore made or hereafter made relating to building set back lines or plan lines in any other ordinance of the City of Milpitas or in the Milpitas Municipal Code.

(Ord. 97 (part), 11/7/61)

XI-200-4.01 - Plan Line Control

When any plan line has been established along any street, highway, freeway or alley in the City of Milpitas, no person shall erect, enlarge, remodel or alter any building or structure or thing between said plan line and street, highway, freeway or alley along which it is located.

(Ord. 97 (part), 11/7/61)

XI-200-4.02 - Exceptions

The City Council shall be empowered to authorize the execution of a written agreement between the City of Milpitas and any person, authorizing said person, by way of a limited and conditional license, to erect, construct, maintain, locate, move, convert, extend, enlarge, remodel or alter any building or structure or thing between a plan line and the street, highway, freeway, or alley along which it is located for such periods of time and upon such conditions as the Council shall determine including, but not limited to, appropriate provision for the protection of the City, and others, guarantees by bond, or otherwise, of the faithful performance of said agreement by said person and the termination, suspension or revocation of the authority granted by said agreement.

Upon the termination, suspension or revocation of said agreement, all authority therein granted to said person shall immediately cease and terminate.

(Ord. 97 (part), 11/7/61)

Section 5 - Plan Lines Established

There are hereby established and reestablished within the City of Milpitas, plan lines along certain streets, highways, freeways and alleys or portions thereof, as hereafter set forth.

(Plan lines not codified)

(Ord. 97 (part), 11/7/61)

Section 6 - Enforcement

XI-200-6.01 - Duty to Enforce

It shall be the duty of the City Manager to enforce this Chapter. All departments, officials and public employees of the City of Milpitas vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Chapter; and any such permit or any business license issued in conflict with the provisions of this Chapter shall be null and void.

(Ord. 97 (part), 11/7/61)

XI-200-6.02 - Penal Clause

See I-1-4.09-1

(Ord. 97 (part), 11/7/61)

XI-200-6.03 - Public Nuisance

The use of any land, building or structure or the erection, maintenance, location, construction, moving, conversion, extension, enlargement, remodeling or alteration of any building or structure contrary to the provisions of this Chapter shall be and the same is hereby declared to be a public nuisance, and the Attorney for the City of Milpitas shall, upon order of the City Council, immediately commence action or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law.

(Ord. 97 (part), 11/7/61)

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

(Ord. 97 (part), 11/7/61)

XI-200-6.05 - Remedies Cumulative

See I-1-4.11

(Ord. 97 (part), 11/7/61)

Section 22 - Plan Line Drawings

XI-200-22.01

In order to more precisely define any plan line heretofore or hereafter adopted under this Chapter for engineering purposes, the City Engineer shall prepare in large scale suitable for engineering work any plan line heretofore or hereafter adopted under this Chapter. The City Engineer shall prepare, maintain and make available for inspection or purchase through the office of the City Manager, large scale blueprints of any plan line heretofore or hereafter adopted under this Chapter. Said engineering drawings shall be available for purchase at a cost of $1.00 per sheet from the office of the City Manager. Reference is hereby made to the engineering drawings available for inspection or purchase through the office of said City Manager for large scale drawing and definition of said plan line.

(Ord. 97.6, 5/5/68)

Chapter 500 - EASEMENTS

XI-500-1.00 - General Provisions

The method of creation of easements authorized by this part shall be in addition to any other method allowed by law.

(Ord. 249 (part), 6/3/97)

XI-500-2.00 - Creation of Easement

An easement may be created pursuant to this part by a recorded covenant of easement made by an owner of real property to the City, in accordance with the procedures set forth in this part.

(Ord. 249 (part), 6/3/97)

XI-500-3.00 - Purposes of Easement

An easement created pursuant to this part may be for one or more of the following purposes:

A.

Parking.

B.

Ingress and egress.

C.

Emergency access.

D.

Light and air access.

E.

Landscaping.

F.

Open space.

(Ord. 249 (part), 6/3/97)

XI-500-4.00 - Common Ownership

At the time of recording of the covenant of easement, all the real property benefited or burdened thereunder shall be in common ownership.

(Ord. 249 (part), 6/3/97)

XI-500-5.00 - Contents of Covenant

A covenant of easement recorded pursuant to this part shall be executed by the owner of the burdened property and shall include:

A.

A legal description of the real property to be subject to the easement; and

B.

A legal description of the real property to be benefited by the easement; and

C.

Identification of the city approval, permit or designation which was granted in reliance upon recordation of the covenant, or for which recordation of the covenant is or was a requirement; and

D.

A description of the purpose(s) of the easement.

A copy of the covenant of easement is on file in the office of the City Clerk.

(Ord. 249 (part), 6/3/97)

XI-500-6.00 - Acceptance by Director

The Planning Director may accept an easement as described in this part on behalf of the City when such an easement is required as a condition of a land use approval, permit or designation pursuant to this Title.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

The covenant of easement shall be recorded in the county recorder's office. A copy of the recorded document shall be provided to the Planning Director.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-8.00 - When Effective

The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2, Part 2, Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property.

From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this State.

(Ord. 249 (part), 6/3/97)

XI-500-9.00 - Enforceability

Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all successors in interest to the affected real property. Nothing in this part shall create in any person other than the city and the owner of real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom.

(Ord. 249 (part), 6/3/97)

Pursuant to and in accordance with the provisions hereinafter set forth in this part, the Planning Commission and the City Council on appeal from a decision of the Planning Commission may approve and authorize recordation of a release of a covenant of easement.

(Ord. 249 (part), 6/3/97)

XI-500-11.00 - Petition for Release

A petition for release of a covenant of easement may be made by any person whether or not that person has title to the real property, and shall be filed in writing with the Planning Director on a form furnished by the Director. The form of the petition and the information required to be set forth in them shall be prescribed by the Director. The Director shall not accept any such petition for filing unless:

A.

All information and data is set forth and shown as required by the form;

B.

The petition is verified by the party making the petition; and

C.

The filing fee required by Section XI-500-12.00 has been paid.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-12.00 - Fees

The fee for filing a petition for release of a covenant of easement pursuant to this part shall be as set forth in the schedule of fees established by resolution of the Council.

(Ord. 249 (part), 6/3/97)

XI-500-13.00 - Hearing by Planning Commission

A.

Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the Planning Director, said director shall, subject to the rules of the Planning Commission as to the hour and place of public hearings which shall be conducted by it, set a date for the public hearing which shall be held thereon by the Planning Commission. Said date of hearing shall be not less than twenty nor more than sixty days after the date such application was accepted as complete by the Director.

B.

The Director shall provide a report and recommendation to the commission. In addition thereto, the director shall file with the commission at its hearing all papers, documents, and exhibits which are part of the file. Within a reasonable time after the commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The Commission may decide to grant the petition, conditionally grant the petition or deny the petition.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

Any action taken by the Planning Commission under this part may be appealed to the City Council by filing with the City Clerk a written notice of appeal within twelve (12) calendar days after a copy of the decision of the Planning Commission. The applicant, or any person, may file such a notice of appeal. The notice of appeal shall be filed on a form furnished by the Planning Director, and the information and data required to be set forth in such notice shall be as prescribed by the Director.

A.

The Council shall hold at least one public hearing on the matter. The hearing of the council shall be de novo. The City Clerk shall set the date of the first public hearing by the Council, which date shall not be less than ten nor more than sixty days after the date on which the day of the application and the notice of

appeal were filed with the City Clerk. Within a reasonable time after the Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.

B.

The decision of the Council shall be final.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)

XI-500-15.00 - Notice

Whenever the Planning Commission or City Council holds a public hearing under this Chapter, Notice shall be given in accordance with Section 64, Chapter 10, Title XI.

A.

Notwithstanding the above, the failure of the Director or City Clerk to mail any notice or the failure of any person to receive the same shall not affect, in any way whatsoever, the validity of any proceedings taken under this part, nor of any action or decision of the Director, Planning Commission or City Council made or taken in any such proceedings, nor prevent the Planning Commission or City Council from proceeding with any hearing at the time and place set therefor.

(Ord. 249 (part), 6/3/97)

XI-500-16.00 - Findings

The Planning Commission or the City Council, on appeal, may grant the petition for release of the covenant of easement only upon a finding that the restriction of the property is no longer necessary to achieve the land use goals of the City.

(Ord. 249 (part), 6/3/97)

Within fifteen days after the action of the Planning Commission or the City Council in granting a petition for release has become final, the Planning Director shall cause the release to be recorded in the office of the recorder for the County of Santa Clara.

(Ord. No. 315, § 2, 1/7/25; Ord. 249 (part), 6/3/97)