Milpitas Municipal Code Ch. 3 Street and Sidewalk Development

In enacting this Chapter, the City Council of the City of Milpitas hereby finds as follows:

Since its settlement and until its incorporation, Milpitas was an agricultural community. Its street pattern was designed originally for horses and wagons and later for two-lane automobile traffic. Since its incorporation in 1954, Milpitas has grown from a population of 600 to over 33,000 persons. Land uses have extensively changed from agricultural to residential, commercial and industrial. As a direct result, previously-existing streets and highways are inadequate in width and development to provide acceptable service capacities to the community. Inadequate streets deny minimum standards for safe, convenient automobile and pedestrian travel within and without the City. The problem is aggravated because City development has not been contiguous nor centralized but peripheral. Consequently, more street development has been necessary to provide an adequate traffic circulation pattern. In addition, each development increases the traffic to and from that development so that development itself imposes ever-increasing traffic burdens on local streets and highways and upon available community resources.

Funds to provide for street and highway development in a relatively new community have always been limited and are now even more restricted. Milpitas, as a general law city, has revenues from taxes limited by law. Recent changes in the law have further restricted these revenues and have limited the City's ability to finance street and highway development through bond measures. The available tax dollar must be shared with the other important community needs of police and fire protection, health and safety, parks and recreation and public administration. While financing of street improvements is available through assessment district proceedings, such proceedings are costly, time-consuming, and complex; their availability may depend upon the consent of landowners or citizens which isn't always forthcoming.

Since a given development creates traffic which, in turn, creates the need for improved streets and highways and since a given development directly benefits from improved streets and highways by being more accessible, the Council finds it equitable to require a contribution toward street improvement when a parcel of land develops, to help offset the burden the development creates and to compensate the community at large for the benefit the development receives.

The Council finds that unless measures are taken to provide for the orderly and systematic increase in width, capacity and improvement of streets and highways when and as the development of land takes place, the economic welfare, public convenience and general prosperity of the community and its citizens still suffer. This Chapter is, therefore, 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 land. It is intended to extend the basic requirements under the Subdivision Map Act and Chapter 1, Title XI of the Milpitas Municipal Code to apply to land development in which no subdivision is involved. It is intended to equitably spread the cost of required public improvements upon abutting properties. It is intended to prevent the dissipation of the City's funds by preventing faulty or substandard installations. It is intended to help the City meet the important and competing demands for public service without increasing the cost of government or the tax burden upon the taxpayer of the community. It is intended to protect the public safety, living standards and common welfare of the City and the citizens of Milpitas.

This Chapter is enacted to require any person who proposes to erect, construct, alter, enlarge, repair, move or maintain any building or structure for which any City permit is required 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 that street as required by this Chapter through the dedication of land for street and public utility use, and the installation of such of the following improvements as may be necessary: Curbs, gutters, driveways, sidewalks, storm drains, street paving, street lighting, medians, traffic signals, signing and striping, bus stops, street trees, walkways, landscaping and nonaccess facilities. In enacting this Chapter, the City Council intends that said improvement or agreement for improvement shall be a condition precedent to the issuance of any permit required by the City.

(Ord. 203 (part), 4/3/79)

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

(Ord. 203 (part), 4/3/79)

As used herein, the term "Permittee" shall mean any individual, partnership, association, corporation, trust, 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 in order to erect, construct, alter, convert, enlarge, move or maintain any building or structure upon said land, or who is required to obtain a site development permit, use permit, or variance approval to change the use of land in the City of Milpitas or who seeks to rezone land in the City of Milpitas.

(Ord. No. 38.858, § 23, 9/2/25; Ord. 203, 4/3/79)

As used herein, the term "Development Permit" shall apply to any of the following:

1. Building permit pursuant to the provisions of Chapter 1, Title II, of the Milpitas Municipal Code.

2. Site development permit, use permit, or variance approval pursuant to Title XIII of the Milpitas Municipal Code.

(Ord. No. 38.858, § 24, 9/2/25; ; Ord. 203, 4/3/79)

As used herein, the term "Person" shall be synonymous with the term "Permittee."

(Ord. 203 (part), 4/3/79)

As used herein, the term "Street Light" shall mean electroliers, fixtures and lamps wholly owned by the City of Milpitas; it shall not include street lights 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. 203 (part), 4/3/79)

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: curbs, gutters, driveways, sidewalks, storm drains, complete paving to curb, street lighting, medians, traffic signals, signing and striping, bus stops, street trees, walkways, landscaping and nonaccess facilities.

(Ord. 203 (part), 4/3/79)

Nothing contained in this Chapter shall be construed to apply to a subdivision of land as the term "subdivision" or "minor subdivision" is defined in Chapter 1, Title XI, of the Milpitas Municipal Code.

(Ord. 203 (part), 4/3/79)

Nothing contained in this Chapter shall be construed to limit the power or authority of the City Council of the City of Milpitas to impose requirements and conditions upon the rezoning of land, in addition to those authorized by this Chapter. The City Council of the City of Milpitas declares that in enacting this chapter, it 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. 203 (part), 4/3/79)

As a condition precedent to obtaining a development permit from the City of Milpitas, any permittee shall dedicate land and make the improvements required by this Chapter or, at the election of City and pursuant to the provisions of Section X-3-10 of this Chapter, shall dedicate land and pay a sum in lieu of improvements.

(Ord. 203 (part), 4/3/79)

The rezoning of a parcel of land under the provisions of Title XIII of the Milpitas Municipal Code to "Agricultural A" classification will not require either the dedication or improvement of land pursuant to this Chapter, but said dedication and improvement shall be postponed until a development permit or rezoning to a classification other than "Agricultural A" is subsequently sought for said land.

(Ord. No. 38.858, § 25, 9/2/25; Ord. 203, 4/3/79)

The rezoning of a parcel of land initiated by City without application by the owner of said land will not require the dedication or improvement of land pursuant to this Chapter but said dedication or improvement shall be postponed until development permit or rezoning is subsequently sought for said land.

(Ord. 203 (part), 4/3/79)

Any permittee required to dedicate land shall make such dedications as are necessary to conform to and comply with the provisions of this Section 7.

(Ord. 203 (part), 4/3/79)

Any street or highway contiguous to or passing through any portion of the land for which a rezone or development permit is sought, shall conform in width to the requirements of this Chapter and in alignment to the alignment proposed by the Milpitas Planning Commission. Rights-of-way for any such street or highway shall be dedicated as required by the Planning Commission.

(Ord. 203 (part), 4/3/79)

7.03-1 For the purposes of this Chapter, the streets and highways within the City of Milpitas shall be deemed to have the width set forth in the "Master Street Right-of-Way Plan" adopted and amended, from time to time, by Resolution of the Milpitas City Council.

7.03-2 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 ½ the street width throughout the entire length of the strip dedication.

(Ord. 203 (part), 4/3/79)

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. The Permittee may dedicate for public use an improvement area adjacent to such lots for off-street parking purposes if approved by the Planning Commission.

(Ord. 203 (part), 4/3/79)

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 highways.

(Ord. 203 (part), 4/3/79)

The Permittee shall grant easements for public utility and drainage purposes along the rear lot lines, along side lot lines and adjacent to street frontages wherever necessary. The Planning Commission shall prescribe the width of such easement. 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.

(Ord. 203 (part), 4/3/79)

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. 203 (part), 4/3/79)

The Permittee shall, subject to existing water rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any 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. 203 (part), 4/3/79)

Whenever rezoning of land is initiated by the Planning Commission or City Council without application by the owner or owners and is adopted by the City Council, the requirement of dedication pursuant to this Chapter shall be postponed until a development permit is subsequently sought upon the rezoned land.

(Ord. 203 (part), 4/3/79)

When improvements are required hereunder, said improvements shall be made in accordance with the provisions of this Section 8.

(Ord. 203 (part), 4/3/79)

Improvements herein required shall be made in accordance with the specifications and standard drawings of the City, current at the time said improvements are made, as said specifications and standard drawings are promulgated pursuant to the provisions of 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. 203 (part), 4/3/79)

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: curbs, gutters, driveways, sidewalks, storm drains, complete paving to curb, street lighting, medians, traffic signals, signing and striping, bus stops, street trees, walkways, landscaping and nonaccess facilities.

(Ord. 203 (part), 4/3/79)

Permittee shall be required to provide improvements in that one-half width of right-of-way adjacent to said land and between the property line and the street center line.

(Ord. 203 (part), 4/3/79)

The improvement of service road (referred to in Section X-3-7.04 of this Chapter) and walkways and access (referred to in Section X-3-7.07 of this Chapter) shall be improved in accordance with the provisions of this Chapter.

(Ord. 203 (part), 4/3/79)

Without limitation to any other provision of this Chapter, the regulations herein contained are expressly declared to be applicable to any parcel of land which is abutted on more than one side by a street, one or more of which is unimproved. Permittee shall have a separate obligation for the dedication and improvement of each of said streets in accordance with the provisions of this Chapter.

(Ord. 203 (part), 4/3/79)

Where a Permittee seeks a development permit, and the City Council determines (after notice, hearing and findings made in accordance with this Chapter) that improvements should be deferred, the City Council in its sole discretion may, as a condition precedent to the issuance of said development permit:

A. Require dedication of land from the Permittee in accordance with the provisions of this Chapter, and

B. Require payment from the Permittee in accordance with the provisions of this Chapter in lieu of improvements.

(Ord. 203 (part), 4/3/79)

No such requirement shall be imposed before:

A. The Permittee has been given ten days prior written notice (by certified mail or in person at the address shown on the development permit application) of the time, date and place of hearing for the City Council, and

B. A hearing is held before the City Council in accordance with the provisions of Section 3, Chapter 20, Title I the Milpitas Municipal Code, and

C. The Council finds:

(i) That the present installation of said improvements would impose a health or safety hazard, or

(ii) That the present installation of said improvements is uneconomical, and that said improvement can hereafter be installed more efficiently and economically as a portion of a larger installation of improvement, or

(iii) The risk of deterioration of said improvement if presently installed and the need for maintenance and upkeep is such that either Permittee or City would benefit by deferring installation of said improvements, or

(iv) For other good cause as set forth in said findings.

(Ord. 203 (part), 4/3/79)

The amount of payment required in lieu of improvement shall be equivalent to the cost of said improvements in as determined by the City Engineer.

(Ord. No. 315, § 2, 1/7/25; Ord. 203 (part), 4/3/79)

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 development 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 development permit.

(Ord. 203 (part), 4/3/79)

In such instances, where improvements have been installed in the City, it is the intent of the Council that anyone seeking a development permit (as a condition precedent to obtaining said development permit) shall pay to the City such sum as the City or other public entity on behalf of the City has paid to acquire the land and shall make payments to the City (in the amount determined by Section X-3-10 of this Chapter) for the improvements which the City has heretofore 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 is issued and shall be in addition to any other requirements of this Chapter.

(Ord. 203 (part), 4/3/79)

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 by City, in whole or in part, 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 predated the improvements. The provisions of this Section are, therefore, not in derogation of any other provision of this Chapter.

11.03-1 Payment in lieu of improvements under this Section shall be an amount equal to what the improvements cost at the time they were made. Said cost shall be computed under the Resolution of Cost of Improvements adopted under Section X-2-10.03 in force at the time the improvements were made; if there was no Resolution of Cost of Improvements in force at the time improvements were made, costs will be computed in accordance with the Resolution of Cost of Improvements first adopted following the effective date of this Chapter.

(Ord. 203 (part), 4/3/79)

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 X-3-11 of this chapter and/or one or more of the improvements (or payment in lieu of said improvement or improvements) required by this Chapter. 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. 203 (part), 4/3/79)

Whenever a parcel of land under the jurisdiction of this Chapter has paid for any of the improvements required herein (by special assessment or otherwise) after January 26, 1954, the extent of such improvements (at the estimated value thereof at the time the land was dedicated or the improvements were made) shall be credited against the obligation created by this Chapter.

(Ord. 203 (part), 4/3/79)

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. 203 (part), 4/3/79)

Prior to the issuance of any development permit or the second reading of any rezoning ordinance, permittee shall make such dedications and install such improvements as are required hereunder or in lieu of improvements, shall make such cash payments as are required hereunder or execute such agreements and securities as are required hereunder.

(Ord. 203 (part), 4/3/79)

All payments required hereunder shall be in lawful money of the United States or by cashier's check of any bank or savings and loan institution authorized to transact business in California.

(Ord. 203 (part), 4/3/79)

If permittee does not install improvements prior to the issuance of a development permit or second reading of a zoning ordinance, permittee shall execute an agreement with the City (prior to the issuance of a development permit or second reading of a zoning ordinance) to install the improvements required by City pursuant to this Chapter at permittee's sole cost within such time as said agreement shall require. Said agreement shall contain such covenants and conditions as are required by City including but not limited to the following:

A. No work shall be undertaken by the permittee until all plans and specifications have been submitted to the Director of Public Works and approved in writing.

B. All improvements shall be constructed under and subject to inspection by the Director of Public Works.

C. Permittee shall pay City's costs and expenses in connection therewith.

D. Completion of improvements shall be prior to the issuance of a certificate of occupancy pursuant to Chapter 1, Title II of the Milpitas Municipal Code or prior to the expiration of one year after execution of the agreement, whichever occurs first (unless otherwise required by the City Council).

E. For progress payments to permittee from any monies which permittee has deposited with the City as security for the performance of said agreement.

F. Waiver of protest to formation of assessment district and credit in said assessment district proceedings for contributions made by permittee pursuant to this Chapter to the extent applicable.

G. That said agreement shall bind the successors, assigns and transferees of permittee and shall run with the land.

(Ord. No. 315, § 2, 1/7/25; Ord. 203 (part), 4/3/79)

Permittee shall file with the aforesaid agreement, to assure his full and faithful performance thereof, security for such sum as is sufficient to cover 100% of the cost of said improvements and other costs and, in addition, such security as is sufficient to cover 100% of all labor and materials costs required to construct improvements. The amount of such security shall be determined by the Director of Public Works, and such security shall be approved by the Director of Public Works as to sufficiency and by the City Attorney as to form. Such security shall be one or more of the following:

A. A bond issued by a surety company authorized to transact a surety business in the State of California.

B. A letter of credit issued by a savings and loan institution or by a bank authorized to transact business in the State of California, the form of which shall be satisfactory to and approved by the City Attorney.

C. The deposit of cash funds in a savings account in any savings and loan or bank maintaining an office in Santa Clara County, California, with an assignment of said account to the City for payment upon said account. Provided, further, that the permittee and the bank or savings and loan shall execute such written documents as shall be required by the City Attorney and as shall be approved by him as to form to insure the availability of said sums upon demand to City and provided, further, that there shall be delivered to City a certificate or passbook representing said account, together with said assignment, in a form satisfactory to the City Attorney.

D. Cash or cashier's check drawn upon a bank or savings and loan institution maintaining an office in Santa Clara County, California.

(Ord. No. 315, § 2, 1/7/25; Ord. 203 (part), 4/3/79)

No release of any security required hereunder shall be made except upon the certification by Director of Public Works that work covered thereunder has been satisfactorily completed and upon approval of the City Council provided, however, that progress payments may be made to the permittee upon approval of the City Council in accordance with the provisions of his agreement with the City. Said security or any portion thereof, may be retained by the City until the end of any express warranty, or guarantee period provided for in the agreement secured, or until any claim period established by law or agreement has expired. No interest shall be paid by City upon any security deposited by permittee with the City. Any interest earned by permittee from any bank or savings and loan association upon an account assigned to the City (if not called upon to satisfy permittee's obligations pursuant to his written agreement) shall be released to permittee when the principal sum on deposit is released to said permittee.

(Ord. No. 315, § 2, 1/7/25; Ord. 203 (part), 4/3/79)

In the event that permittee shall fail to complete all improvement work in accordance with the provisions of this chapter or shall fail to pay for all labor and materials, all as required by this Chapter, his agreement or by law, City shall be entitled to resort to the security furnished by permittee to complete said improvement work, pay for said labor and materials and pay for such other costs as shall have been incurred by City. Resort to said security shall not preclude City from proceeding against permittee for breach of contract and damages for failure to provide improvement work, labor or materials or to pay other costs in excess of the amount of said security.

(Ord. 203 (part), 4/3/79)

The Planning Commission may recommend that the City Council authorize conditional exceptions to any of the requirements and regulation 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.

(Ord. 203 (part), 4/3/79)

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.

14.01-2 Upon receipt of such report, the City Council may approve the development permit 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.

14.01-3 The improvement of any existing building or structure which does not increase the total floor area of such building or structure to an extent of 25% or more within any five-year period shall be expected from application of the provisions of this Chapter but this subsection is not applicable to the cases described in subsection 14.01-6 below.

(Ord. 203 (part), 4/3/79)

In cases where the improvement of an existing building structure or improvements 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 during any 12 month period exceed 50% of the value of said building, the requirements of this Chapter shall apply.

(Ord. 203 (part), 4/3/79)

For purposes of this section, the value of a building structure or improvement, shall be deemed to be the current market value thereof as determined by the Director of Planning. In determining said market value, the City 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 Director of Planning and Engineering shall deem pertinent. In the event that the Director of Planning determines that the value exceeds 50%, the Permittee shall receive written notice by mail, postage prepaid, and dispatched to Permittee at his address as shown upon his permit application, of the determination of the Director of Planning and Engineering as to value and shall be entitled to appeal said determination in accordance with the provisions of this Chapter.

(Ord. No. 315, § 2, 1/7/25; Ord. 203 (part), 4/3/79)

It is the intent of the City Council that the provisions of this Chapter shall apply to the extension of an existing building or structure on the same or adjoining parcel as that on which an existing building or structure is located and to the installation of a new or additional building or structure on the same or on an adjoining parcel of land under the same ownership and to the extension of an existing use to an adjoining parcel of land under the same ownership. It is the intent of the City Council that the provisions of this Chapter shall apply to any land abutting on a street held in the same ownership as other land abutting on that street for which a development permit has been previously granted.

(Ord. 203 (part), 4/3/79)

14.02-1 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 this Chapter shall, in any given case, no longer be necessary because of a change in street plan lines, street plans or improvements 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 present owner (at the time of said conveyance or refund) of the land adjoining the dedicated land.

14.02-2 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 this chapter 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 property conveyed or the refund made; the intent of this Chapter is that improvements, once made, run with the land, and requirements under this Chapter once met need not be repeated on each change of ownership.

14.02-3 The Council finds and determines that no interest should be paid on refunds for the following reasons: 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 inability to use the improvements. The City has not had the unlimited use of funds paid in lieu of improvements under the provisions of this Chapter and therefore should not be required to make payment therefor in the form of interest.

14.02-4 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.

(Ord. 203 (part), 4/3/79)

Any person aggrieved by a decision of any officer, department or commission of the City of Milpitas under the provisions of this Chapter may appeal said decision to the City Council in accordance with the provisions of Chapter 20, Title I of the Milpitas Municipal Code.

(Ord. 203 (part), 4/3/79)

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. 203 (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 prescribed by law.

(Ord. 203 (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. 203 (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 six (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. 203 (part), 4/3/79)

The remedies herein contained shall be cumulative, in addition to such other remedies as provided by law and without limitation to the right to institute such legal action as may be necessary to enforce this chapter of the agreement hereinabove referred to, or to recover damages for the breach thereof against principal or surety.

(Ord. 203 (part), 4/3/79)

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.

(Ord. 203 (part), 4/3/79)

This Chapter shall be applicable to any development permit issued after the effective date of this Chapter, provided, however, that in computing requirements under this Chapter for a given parcel of land, credit shall be given to a permittee for payments in lieu of improvements made by said permittee or his predecessor in interest (prior to the effective date of this Chapter) under Chapter 1, Title V of the Milpitas Municipal Code.

(Ord. 203 (part), 4/3/79)