Milpitas Municipal Code Ch. 1 General Provisions and Required Improvements

In enacting this Chapter, the City Council hereby finds that prior to establishment of this City, the area incorporated was comprised largely of agricultural and orchard lands, and the streets and highways existing at the time of incorporation were adequate for the needs of an agricultural area and of the City at that time. However, since incorporation, this City has experienced explosive increases in population and land development for high-activity purposes other than agricultural, the direct result of which is to rapidly render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, and the indirect result of which is to increasingly tend to deny to the public, streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel between many points within and without the City. The City Council further finds that unless measures are taken to provide for the orderly and systematic increase in width, capacity and improvement of the city streets and highways when and as the development of land as aforesaid takes place, the citizens of this City will early suffer a condition of blight with pernicious effect upon the economic welfare, public convenience and general prosperity of the community. Therefore, the provisions of this Chapter are intended to define the requirements, policies and procedures for the acquisition of public right-of-way easements and for the construction of public improvements in connection with the development of areas and parcels of property in order to:

1.01-1 Extend the basic requirements under the Subdivision Map Act and to Chapter I of Title XI of the Municipal Code, to apply to land development in which no subdivision is involved:

1.01-2 Insure that lands hereafter developed are put to uses compatible with their surrounding areas and which uses will not unduly adversely affect other persons or land or the general public;

1.01-3 Spread the costs of required public improvements upon the abutting properties as contemplated by law;

1.01-4 Cause the installation of those improvements necessary properly to serve the property developed at the time of its development, so that the benefiting property may enjoy the use of such improvements throughout the normal life thereof, and so that such improvements are not indefinitely deferred to the detriment of the public interest, safety and welfare;

1.01-5 Protect the vested interest of the public in the pre-existing capacity of this city's streets and highways, and to provide formulas for public participating in the widening and improvement of streets and highways when the same becomes necessary by reason of development of abutting property;

1.01-6 Prevent the dissipation or improper use of the City's general operating and maintenance funds in providing these improvements or in maintaining faulty or substandard installations;

1.01-7 Protect the public safety, living standards and common welfare of the general public.

(Ord. 95 (part), 1/16/62)

The City Council hereby declares it to be its intent in enacting this Ordinance to require any person or persons who propose to erect, construct, alter, enlarge, convert, move or maintain any building or structure for which a building permit is required under and pursuant to the ordinances of the City of Milpitas on or upon any land adjacent to an unimproved street or who seeks to change the use of any land which includes or is adjacent to an unimproved street, to improve or agree to improve said street as herein required by the installation of such of the following improvements as may be necessary: curb, gutter, driveway, sidewalk, drains, street paving, and street lights, and where indicated, the dedication and improvement of service roads, facilities for off-street parking, alleys, easements for public utilities, drainage, walkways, water-courses, planting strips and non-access facilities. It is the further intent of the City Council that said improvement or agreement shall be a condition precedent to the issuance of any required building permit, site development permit, use permit, or variance approval or rezoning.

(Ord. No. 38.858, § 18, 9/2/25; Ord. 95, 1/16/62)

The term "Developer" as used herein shall be synonymous with the term "Permittee".

(Ord. 95 (part), 1/16/62)

As used herein, the term "Permittee" shall mean any individual, co-partnership, association, corporation, governmental body or unit or agency (other than the City of Milpitas) or any other entity owning or occupying land adjacent to an unimproved street, or unimproved streets, in the City of Milpitas who is required to have a building permit from the City of Milpitas in order to erect, construct, alter, convert, enlarge, move or maintain any building or structure upon said land, or who is required to have a site development permit, use permit, or variance approval or a rezoning in order to change the use of land in the City of Milpitas.

(Ord. No. 38.858, § 19, 9/2/25; Ord. 95, 1/16/62)

As used herein, the term "Person" shall mean any individual co-partnership, association, corporation, governmental body or unit, or agency (other than the City of Milpitas) or any other entity.

(Ord. 95 (part), 1/16/62)

As used herein, the term "street light" shall mean ornamental metal electroliers wholly owned by the City of Milpitas; it shall not include street lights which are suspended from brackets attached to wooden poles or other devices which are not owned by the City or which are leased by City from any public utility.

(Ord. 95 (part), 1/16/62)

As used herein, the term "unimproved street" shall mean any street or highway in the City of Milpitas which is less in width from property line to property line than the width prescribed for said street by this Chapter or which lacks one or more of the following improvements: curb, gutter, driveway, sidewalk, drains, complete paving from curb to curb, street lights.

(Ord. 95 (part), 1/16/62)

As used herein the singular number shall include the plural and any gender shall include the masculine, feminine and neuter gender.

(Ord. 95 (part), 1/16/62)

Nothing contained in this Chapter shall be construed to apply to a subdivision of land as the term "subdivision" is defined in Ordinance No. 18 of the City of Milpitas, enacted as Chapter I, Title XI, of the Milpitas Municipal Code.

(Ord. 95 (part), 1/16/62)

Nothing contained in this Chapter shall be construed to limit the power of authority of the City Council of the City of Milpitas to impose requirements and conditions upon the rezoning of land (under and pursuant to the provisions of Ordinance No. 38.858, enacted as Title XIII, of the Milpitas Municipal Code, and amendments thereto,) in addition to those authorized by this Chapter. The City Council of the City of Milpitas declares that in enacting this Chapter is expressly reserves the right to impose reasonable requirements and conditions upon the rezoning of land (regardless of whether the same are described herein), and the enactment of this Chapter is not intended to be a limitation upon said power.

(Ord. No. 38.858, § 20, 9/2/25; Ord. 228, 10/15/85)

The Council finds and declares that in some instances the public welfare and convenience and the greatest economy and safety can be accomplished by the installation of improvements on unimproved streets prior to the time that an abutting property owner or owners shall seek a permit. Such owners or their successors in title should be required to contribute their fair, equitable share to the street improvements in such areas (just as permittees who seek a permit prior to the installation of improvements are required to do) when their property develops or when they seek a permit of the kind defined in this Chapter.

(Ord. 95.2, 11/2/65)

In such instances, where improvements have been installed by the City without cost to the property, it is the intent of the Council that anyone seeking a permit of the kind defined in this Chapter as a condition precedent to obtaining said permit, shall pay the City for the cost of the land at the previous cost to the City and shall make payments to the City (in the amount determined by this Chapter) for the improvements which the City has theretofore installed on the streets abutting or included in the property of the permittee. Said payments shall be made at or before the time the permit issues and shall be in addition to any other requirements of this chapter.

(Ord. 95.2, 11/2/65)

Dedication shall be only as recommended by the Planning Commission of the City of Milpitas and as approved by the City Council of the City of Milpitas. The dedication of any land for street right-of-way purposes shall not be required to exceed a strip of land of the following dimensions:

(a) Length shall be the length of the property line abutting the street for which dedication is required.

(b) Width shall not exceed 45 feet throughout the entire length of the strip dedicated.

(Ord. 95 (part), 1/16/62)

The City Manager shall have the power to establish rules and regulations consistent with the provisions of this Chapter for the purpose of its administration and enforcement. Said rules and regulations shall be effective upon approval thereof by the City Council.

(Ord. 95 (part), 1/16/62)

As a condition precedent to obtaining a building permit from the City of Milpitas under and pursuant to the provisions of Ordinance 65, enacted as Chapter I, Title II of the Milpitas Municipal Code, and amendments thereto, and as a condition precedent to obtaining a site development permit, use permit, or variance approval or a re-zoning under and pursuant to the provisions of Ordinance No. 38.858, enacted as Title XIII of the Milpitas Municipal Code, and amendments thereto, any Permittee who proposes to erect, construct, alter, enlarge, convert, move or maintain any building or structure on or upon any land adjacent to an unimproved street or who seeks to change the use of any land which includes or is adjacent to an unimproved street, shall make provision for those matters hereafter set forth in this Chapter.

(Ord. No. 38.858, § 21, 9/2/25; Ord. 95, 1/16/62)

Said Permittee shall provide for the improvement of said unimproved street by the installation, at Permittee's sole cost, of any of the following improvements which said unimproved street shall lack: curb, gutters, driveways, sidewalks, drains, street paving, and street lights.

(Ord. 95 (part), 1/16/62)

When lots proposed for commercial usage front on any major or secondary street or highway, the Permittee may be required to dedicate and improve a service road to provide ingress and egress to and from such lots. If approved by the Planning Commission and the City Council, the Permittee may dedicate for public use an improvement area adjacent to such lots for off-street parking purposes.

(Ord. 95 (part), 1/16/62)

When the rear or side lines of any lots border any major or secondary street, highway or parkway, the Permittee may be required to execute and deliver to the City an instrument deemed sufficient by the City Attorney, prohibiting the right of ingress and egress to such lots across the sidelines of such streets or highway.

(Ord. 95 (part), 1/16/62)

When any lots are proposed for commercial or industrial usage, alleys at least 20 feet in width shall be provided at such locations as may be required by the Planning Commission, with adequate ingress and egress for truck traffic.

(Ord. 95 (part), 1/16/62)

The Permittee shall grant easements not less than ten (10) feet in width for public utility and drainage purposes along the rear lot lines, along side lot lines and in planting strips wherever necessary. Easements of lesser widths may be allowed after written ten (10) days' notice to the affected utility company or companies, when at the determination of the Planning Commission the purposes of the easement may be accomplished by easements of lesser width, and provided that in such determination, the Planning Commission shall prescribe the width of such easement. Upon receipt of notice, the affected utility may present its objections or recommendations to the Planning Commission whose decision on the matter will be final. Dedication of easements shall be for the purpose of installing utilities and for other public purposes, as may be ordered or directed by the Planning Commission. Easements for overhead pole lines shall be provided at the rear of all lots, except where alleys are available, or where the requirement is waived by the Planning Commission.

(Ord. 95 (part), 1/16/62)

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

(Ord. 95 (part), 1/16/62)

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

(Ord. 95 (part), 1/16/62)

Without limitation to any other provision of this Chapter, the regulations herein contained are expressly declared to be applicable to any lot which is abutted on more than one side by a street, one or more of which is unimproved; the permittee shall have a separate obligation for each of said streets, to the extent that one or more shall be unimproved, and shall be required to install improvements and make provision for each of said streets in accordance with the provisions of this Chapter.

(Ord. 95 (part), 1/16/62)

Whenever a parcel of land which comes under the jurisdiction of this ordinance has paid for any of the improvements required herein, by special assessment or otherwise, after January 26, 1954, the extent of such improvements shall be credited against the obligation created hereby. In estimating the value of such past work, the unit costs specified in subsection X-1-10.05 hereof shall apply, and without limitation to the foregoing, the total amount of improvements installed within the street right-of-way shall be included in said credit.

(Ord. 95 (part), 1/16/62)

As a condition precedent to obtaining a building permit from the City of Milpitas under and pursuant to the provisions of Ordinance No. 65, enacted as Chapter 1, Title II of the Milpitas Municipal Code, and amendments thereto, and as a condition precedent to obtaining a site development permit, use permit, or variance approval or a re-zoning under and pursuant to the provisions of Ordinance No. 38.858, enacted as Title XIII of the Milpitas Municipal Code, and amendments thereto, any Permittee who proposes to erect, construct, alter, enlarge, convert, move or maintain any building or structure on or upon any land (or who seeks to change the use of said land) which includes or is adjacent to a street which has been improved by the City of Milpitas, in whole or in part, after January 26, 1954, shall, in addition to meeting the other requirements of this Chapter:

9.01-1 Pay the City a sum computed in accordance with the schedules set forth in subsection X-1-10.05 of this Chapter for such improvements as the City of other public entity shall have theretofore installed (e.g., curbs, gutters, driveways, sidewalks, fire hydrants, drains, street paving and street lights); and

9.01-2 Pay the City such sum as the City or other public entity shall have paid to acquire the land upon which the improvements were installed.

(Ord. No. 38.858, § 22, 9/2/25; Ord. 95.2, 11/2/65)

9.02-1 Payments shall be in lawful money of the United States or by bank cashier's check.

9.02-2 Payments hereunder shall be made prior to or at the time said permit issues.

9.02-3 If the improvements installed by City prior to the issuance of the permit shall be less than the improvements required by or authorized to be required by this Chapter, permittee shall make or agree to make such other improvements, all as required by this Chapter. It is the intent of this Chapter that a permittee who obtains his permit after improvements have been made, in whole or in part, by City shall be required to provide (in money or improvements or both) the equivalent of what he would have been required to provide had his permit pre-dated the improvements. The provisions of this Section are, therefore, not in derogation of any other provision of this Chapter.

(Ord. 95.2, 11/2/65)

In the event City requires land for right-of-way before said land shall be subject to dedication under this Chapter, City may purchase said land or any interest therein in exchange for an agreement that the owner (and his successors in interest) shall not be required to make repayment for said land under Section 9.01-2 of this chapter and/or one or more of the improvements (or payment in lieu of said improvement or improvements) required by this Chapter for the particular land or interest conveyed by said owner to City. This Section is intended to authorize a land owner to transfer land to City in advance of the date the dedication thereof would be required under this Chapter. In consideration of said early transfer, City is empowered to waive the repayment for said land and/or one or more of the improvements otherwise required by this Chapter for the land or interest so transferred as may constitute equitable and just consideration for said advance transfer.

(Ord. 95.6, 2/4/75)

At the time of issuance of said building permit, Permittee shall pay a sum to City in an amount determined by the City in accordance with subsection X-1-10.05 of this chapter to be sufficient to reimburse City for the cost of construction of said improvements. The payment may be either in the form of a cashier's check or in lawful money of the United States.

(Ord. 95 (part), 1/16/62)

In lieu of the cost deposit as required by Section 10.01 supra, Permittee may, at his option, execute an agreement with City at the time of the issuance of said building permit to install said improvements at Permittee's sole cost within such time as said Agreement shall require. Said agreement shall, by its terms, provide that no work shall be undertaken by Permittee until all plans and specifications have been submitted to the City Engineer and approved by him in writing; and that all plans and specifications have been submitted to the City Engineer and approved by him in writing; and that all of said improvements shall be constructed under and subject to inspection by City Engineer. Said agreement shall, by its terms, bind the heirs, administrators, executors, successors, assigns and transferees of Permittee and shall run with the land. Said agreement may provide for such other covenants or conditions as may be desirable to accomplish the purpose of this chapter including, but not limited to, the following:

10.02-1 For the termination of the agreement upon completion of proceedings under an Assessment District act for construction of improvements deemed by the City Council to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the Permittee.

10.02-2 For progress payments to the Permittee from any deposit money which the Permittee may have failed in lieu of a surety bond as required by this chapter.

Said agreement may be executed by the City Manager on behalf of City. Said Agreement may be recorded.

(Ord. 95 (part), 1/16/62)

Permittee shall file with the aforesaid agreement, to assure his full and faithful performance thereof, a bond for such sum as is sufficient to cover 100% of the cost of said improvements and other costs. A like cost shall also be filed to assure full payment for all labor and materials required to construct the improvements. The amount of such bonds shall be as approved by the City Engineer. Such bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In lieu of said bond, the Permittee may deposit cash or certified or cashier's check with the City Clerk. In the event the Permittee shall fail to complete all improvement work in accordance with the provisions of this Chapter, and the City shall have completed same, or if the Permittee shall fail to reimburse the City for other costs, the City shall call on the surety for reimbursement or shall appropriate any cash deposit funds for reimbursement.

(Ord. 95 (part), 1/16/62)

No releases of surety bond or cash deposit shall be made except upon the certification by the City Engineer that work covered thereby has been satisfactorily completed, and upon approval of the City Council.

In all cases where costs are required to be determined by this Chapter, the following schedule shall be used:

(Ord. 95.3, 9/16/69)

10.05-1 This amendment shall be effective from and after January 1, 1970.

(Ord. 95.3, 9/16/69)

Improvements herein required shall be made in accordance with the standard specifications of the City, current at the time said improvements are made, as said standard specifications are promulgated pursuant to the provisions of Ordinance No. 66, Chapter 3, Title XI of the Milpitas Municipal Code. When a required improvement is not provided for by standard specifications of the City, the nature and type of improvement shall be as approved by the City Council.

(Ord. 95 (part), 1/16/62)

Improvements for sidewalks, curbs, gutters, and paving herein required to be paid for by Permittee shall be those required by that standard specification of City for sixty foot street.

(Ord. 95 (part), 1/16/62)

If the right-of-way of an unimproved street adjacent to land owned or occupied by Permittee shall not exceed sixty feet, Permittee shall be required to pay or provide for improvements in that one-half width of right-of-way adjacent to said land and between the property line and edge of existing paving.

(Ord. 95 (part), 1/16/62)

If the right-of-way of an unimproved street adjacent to land owned or occupied by Permittee shall exceed a width of sixty feet, Permittee shall be required to pay or provide for improvements in that thirty feet in width of right-of-way adjacent to said land.

(Ord. 95 (part), 1/16/62)

If there shall be more than one unimproved street adjacent to the land owned or occupied by Permittee, Permittee may be required to pay or provide for improvements on each of said unimproved streets; provided, however, that improvements in each of said unimproved streets shall be made in conformity with subsections X-1-11.01 and X-1-11.02 and X-1-11.06 of this Section 11, and with subsections X-1-11.03 or X-1-11.04 respectively of this Section 11.

(Ord. 95 (part), 1/16/62)

In calculating the extent of or costs of improvements required by this chapter, the starting point shall be the abutting property line and said calculations shall proceed inward from the property line towards the center line of the street.

(Ord. 95 (part), 1/16/62)

Any street or highway contiguous to or passing through any portion of the land to be developed shall conform in width to the requirements of this Chapter and in alignment to the alignment proposed by the Milpitas Planning Commission and approved by resolution of the City Council. Rights-of-way for any such street or highway shall be dedicated when recommended by the Planning Commission and approved by resolution of the City Council.

(Ord. 95 (part), 1/16/62)

12.01-1 For the purposes of this Chapter, the streets and highways within the City of Milpitas shall be deemed to have the widths set forth in the "Master Street Right-of-Way Plan" adopted and amended, from time to time, by Resolution of the Milpitas City Council.

12.02-2 Except as otherwise provided in subsection 12.02-1 of this Section, any street or highway, or portion thereof, shown upon a subdivision map recorded pursuant to the provisions of Ordinance No. 18, enacted as Chapter 1, Title XI, of the Milpitas Municipal Code, shall be deemed to have such width as shall be shown upon said subdivision map within the limits shown upon said map.

12.02-3 Except as otherwise provided in subsections 12.02-1 and 12.02-2 of this Section, any street or highway within the City of Milpitas shall be deemed to have a width of 90 feet from property line to property line.

(Ord. 95.1, 8/17/65) (Ord. 95 (part), 1/16/62)

A true and accurate legal description of the property to be developed, along with any property sketch, plot plan or vicinity plan required for an accurate description of land to be dedicated shall accompany the application for approval to develop.

(Ord. 95 (part), 1/16/62)

13.02-1 The Planning Commission may recommend that the City Council authorize conditional exceptions to any of the requirements and regulations set forth in this Chapter, provided that the following facts are found:

(a) That there are special circumstances and conditions affecting subject property.

(b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the developer.

(c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

13.02-2 Planning Commission Recommendations:

(a) In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulations which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare.

(b) In recommending the authorization of any exception under the provisions of this section, the Planning Commission shall report to the City Council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exceptions recommended and the conditions designated.

13.02-3 Upon receipt of such report, the City Council may approve the development plans with or without the exceptions and conditions recommended by the Planning Commission and with such other exceptions, if any as the City Council deems necessary to substantially secure the objectives of this Chapter.

13.02-4 Except as may be otherwise provided by this or other applicable Chapter of the Milpitas Municipal Code, the improvement of any existing building which does not increase the total floor area of such building to an extent of 25% or more within any five-year-period shall be excepted from application of the provisions of this Chapter.

(Ord. 95 (part), 1/16/62)

In cases where the improvement of an existing building does not increase the total floor area of such building to an extent of 25% or more within any five-year-period, but where such improvements exceed 50% of the value of said building during any 12 month period, the requirements of this ordinance with regard to curbs, gutter, sidewalks, and street lights shall apply.

(Ord. 95 (part), 1/16/62)

For purposes of this section, the value of a building shall be deemed to be the current market value thereof as determined by the City Council. In determining said market value, the City Council shall consider the most recent appraised value as shown upon the records of the County Appraiser of Santa Clara County as well as such other appraisal data as the Council shall deem pertinent. The Permittee shall receive written notice by mail, postage prepaid, and dispatched to Permittee at his address as shown upon his building permit application, of the determination of the Council as to value and shall be entitled to request a hearing thereon by filing a written request for hearing with the City Manager within thirty days of the date of the dispatch of said notice. Said request shall be sufficient if it contains the name and address of the party and the purpose of the hearing requested, but shall not be effective unless it is filed with the City Manager within said thirty day period. Hearing upon said request, and notice thereof, shall be had and give, respectively, in accordance with the provisions of Subsection X-1-14.03, X-1-14.04, and X-1-14.05 of Section 14 of this Chapter in the same manner as if Permittee's request for hearing constituted a notice of appeal and said hearing constituted an appeal hearing.

(Ord. 95 (part), 1/16/62)

13.05-1 If the City Council shall determine that land dedicated, improvements made or money contributed in lieu of improvements under and pursuant to the provisions of Chapter 1, Title X of the Milpitas Municipal Code shall, in any given case, no longer be necessary because of a change in street plan lines, street plans or improvement requirements, and if the Council further determines that it is equitable and reasonable to do so, the Council shall be empowered to direct the conveyance by Quitclaim Deed of said dedicated land and improvements and the refund without interest of any money paid in lieu of improvements to the owner (at the time of said conveyance or refund) of the land adjoining the dedicated land.

13.05-2 The Council finds and determines that said conveyance and refund should be made to the present owner for the following reasons: To quitclaim to one other than the present owner could leave the present owner's adjoining land without access and landlocked; subsequent owners receive the benefit of a prior owner's compliance with the provisions of Chapter 1, Title X of the Milpitas Municipal Code and, therefore, subsequent owners should receive the benefit of any relinquishment by the City; presumably, the cost of dedication and improvement is included in the price which the present owner paid the prior owner; the tracing of title from present owner to prior owner or owners is costly, burdensome and time-consuming and would often outweigh the value of the property conveyed or the refund made; the intent of Chapter 1, Title X of the Milpitas Municipal Code is that improvements, once made, run with the land, and requirements under Chapter 1, Title X of the Milpitas Municipal Code once met need not be repeated on each change of ownership.

13.05-3 The provisions of this Section shall apply to all dedications, improvements or payments in lieu of improvements made from and after January 1, 1971.

13.05-4 The Council finds and determines that no interest should be paid on refunds for the following reasons: Payments in lieu of improvements represent less than the estimated cost of the improvements; as the City derives no benefit from improvements until they are made, the City should be entitled to retain any interest on payments in lieu of improvements to compensate the City for the differential in cost and the inability to use the improvements; the City has not had the unlimited use of funds paid in lieu of improvements under the provisions of Chapter 1, Title X of the Milpitas Municipal Code and therefore should not be required to make payment therefor in the form of interest.

13.05-5 As used in this Section, the phrase "land adjoining the dedicated land" refers to the land out of which the dedication is made and which adjoins the dedicated land.

(X-1-13.05-4 and -5, Ordinance 95.5, 9/4/73; Ord. 95.4, 3/2/71)

Any person aggrieved by any decision of any officer, department or commission of the City of Milpitas under the provisions of this ordinance may appeal said decision to the City Council by filing written notice of said appeal with the City Manager within thirty (30) days of the date of said decision.

(Ord. 95 (part), 1/16/62)

Said notice of appeal must state (1) the asserted error, (2) the grounds upon which said appeal is taken, and (3) the name and address of the party appealing. Said notice of appeal shall not be effective unless it is filed with the City Manager within the time required by subsection (a) of this Section.

(Ord. 95 (part), 1/16/62)

A public hearing shall be held by the City Council within thirty (30) days from the date of the filing of the notice.

(Ord. 95 (part), 1/16/62)

Notice of the time and place of said hearing shall be given by mail, postage prepaid, and dispatched not less than ten (10) days prior to said hearing to said applicant at his address as shown upon the notice of appeal.

(Ord. 95 (part), 1/16/62)

The City Council shall hear said appeal. At the conclusion of the hearing, the Council may affirm, reverse or modify the action appealed, subject, however, to the provisions of this ordinance. The findings and decision of the City Council shall be entered upon the Minutes of the Council, and said decision shall be final and shall take effect as directed by said Council.

(Ord. 95 (part), 1/16/62)

All departments, officials and 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 not issue any permit, certificate or license for use or building, or for purposes in conflict with the provisions of this Chapter. Any such permit, certificate or license issued in conflict with the provisions of this Chapter shall be null and void.

(Ord. 95.7 (part), 4/3/79)

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained or any use of land contrary to the provisions of this Chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney of City shall, upon order of the City Council, commence action or proceedings for the abatement and removal or enjoinment thereof in the manner provided by law.

(Ord. 95.7 (part), 4/3/79)

The Building Official shall deny final approval and acceptance and shall refuse to allow final public utility connection to any building or structure erected, constructed, altered, enlarged, converted, moved or maintained or upon any land used contrary to the provisions of this Chapter unless and until the provisions of this Chapter are met.

(Ord. 95.7 (part), 4/3/79)

Any approval for development granted by either the City Planning Commission or the City Council or any officer of the City may be declared null and void (6) months after the date of approval by the City Council if no action is taken within that period to proceed with the development. Subsequent proposals to develop shall require a new application.

(Ord. 95.7 (part), 4/3/79)

The provisions of this Chapter shall not apply to any building permit, use permit, variance, special "S" zone area approval or any rezoning of land issued or approved on or after the 4th day of May, 1979, but shall remain in full force and effect for any of said permits or rezoning issued or approved prior to said date.

(Ord. 95.7 (part), 4/3/79)