Milpitas Municipal Code Ch. A.2 Title and Purpose

Title XIII of the City of Milpitas Municipal Code shall be known and cited as the "Milpitas Zoning Ordinance" and shall be referred to herein as this "Title."

(Ord. No. 38.858, § 4, 9/2/25)

This Title is adopted in accordance with the authority vested in the City of Milpitas, including by the California Constitution and the City's zoning and police powers, and consistent with the authority established in the Planning and Zoning Law (California Government Code section 65000 et seq.), California Environmental Quality Act (California Public Resources Code section 2100 et seq.), and California Health and Safety Code.

(Ord. No. 38.858, § 4, 9/2/25)

This Title is enacted in order to promote the public health, safety, comfort, and general welfare, to enable appropriate and orderly development, and to ensure social and economic stability within the various zones established by the provisions of this Title. More specifically, this Title is adopted to achieve the following objectives:

A. Provide standards for the orderly growth and development of the city, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community;

B. Achieve the arrangement of land uses depicted in the Milpitas General Plan, consistent with the goals and policies of the General Plan;

C. Enhance the appearance of the city and promote high-quality design;

D. Preserve and enhance the quality of life and character of residential neighborhoods;

E. Stabilize and conserve the value of property;

F. Provide adequate light, air, and reasonable access;

G. Incorporate sustainability practices and ensure climate resiliency;

H. Promote economic growth and the creation of jobs;

I. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreation areas;

J. Allow for public participation in government decision-making regarding land use and development in a manner consistent with state law; and

K. Define the duties and power of administrative bodies and officers responsible for administering and implementing this Title.

(Ord. No. 38.858, § 4, 9/2/25)

A. Applicability to Property. This Title shall apply, to the extent permitted by law, to all property within the corporate limits of the City, including all uses, structures, and land owned by any private person, firm, corporation or organization, or local, state, or federal agency, unless exempted consistent with Subsection A.2.040.I (Exemptions).

B. Minimum Requirements. The provisions of this Title shall be minimum requirements for the promotion of public health, safety, and general welfare. Where this Title provides for more discretion on the part of a City official or body (i.e., a Review Authority), that discretion may be exercised to impose more stringent requirements than set forth in this Title as may be necessary to promote orderly land use development and the purposes of this Title.

C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, reconstructed, maintained, occupied, enlarged, altered, demolished, or moved in any zone, except in compliance with all the provisions, including development and performance standards, of this Title, and any permits issued, unless exempted consistent with Subsection A.2.040.I (Exemptions). The temporary or transitory nature of a use does not exempt it from this requirement.

D. Conflicting Regulations. The regulations of this Title and requirements or conditions imposed in accordance with this Title shall not supersede any other regulations or requirements adopted or imposed by the City Council (Council), the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this Title. All uses and development authorized by this Title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this Title and any other regulation or requirement, the more restrictive provision shall control.

E. Private Agreements. This Title shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this Title imposes greater restriction than imposed by an easement, covenant, or agreement, this Title shall control. The City shall not be responsible for monitoring or enforcing private agreements.

F. Prior Zoning Ordinance. The provisions of this Title supersede all prior ordinances codified in Milpitas Municipal Code Chapter XI-10 (Zoning) and any amendments. No provisions of this Title shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Title and is in compliance with all other regulations.

G. Effect on Previously Approved Projects and Projects in Progress.

1. Previously Approved Land Use Authorization. This Title shall not interfere with, repeal, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply unless the applicable Review Authority specifically repeals the allowance, requirement, or condition consistent with this Title.

2. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Department as complete for processing prior to the adoption of this Title may be processed according to the requirements of this Title or the prior Zoning Ordinance (Chapter XI-10) upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of the adoption of this Title. If the request is to apply the prior Zoning Ordinance (Chapter XI-10), at least one action must be taken by the Review Authority within 210 days of the effective date of the adoption of this Title. The same process shall be followed for amendments to this Title.

H. Application During Local Emergency. The Council may authorize a deviation from any provision of this Title during a local emergency declared and ratified consistent with California Government Code section 8630 et seq. The Council may authorize a deviation by resolution without notice or public hearing.

I. Exemptions.

1. This Title shall not apply to the City, including any buildings, improvements, lots, or premises owned, leased, operated, or controlled by the City, any development project by the City, or any business or service performed or offered by the City. This exemption does not apply other than to the City, including those leasing premises from the City.

2. Any governmental agency other than the City shall be exempt from the provisions of this Title only to the extent that such property may not be lawfully regulated by the City according to applicable law.

(Ord. No. 38.858, § 4, 9/2/25)

This Title implements the goals and policies of the Milpitas General Plan by regulating the use of land and structures within the city. This Title and the General Plan shall be consistent with one another. Any permit, license, or approval issued in accordance with this Title must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Title and the General Plan, the General Plan shall control.

(Ord. No. 38.858, § 4, 9/2/25)

A. Zoning Map and this Title. The designations, locations, and boundaries of the base zones and overlays established in this Title shall be shown on the Zoning Map of the City. The Zoning Map as amended or changed from time to time, together with all notations, references, data, and other information, is adopted and made a part of this Title. Any amendment or rezoning of a property or properties from one zone to another zone shall constitute an amendment to this Title and shall be so referenced in the Zoning Map amendment.

B. Time Limit. If in accordance with the provisions of this Title, changes are made to zone boundaries, zone classifications, or other matters set forth on the Zoning Map, such changes shall be entered on the Zoning Map within 30 days following the effective date of the change.

C. Uncertainty of Boundaries. Refer to Section A.4.020.C (Interpretation of Zone Boundaries) if the boundaries of any zone(s) shown on the Zoning Map are uncertain.

D. Maintenance of Zoning Map. The Zoning Map shall be kept on file in the office of the Planning Director and shall be maintained in electronic format by the City, as authorized by the Director.

(Ord. No. 38.858, § 4, 9/2/25)

If any Section, sentence, clause, phrase, word, portion, or provision of this Title is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other Section, sentence, clause, phrase, word, portion, or provision of this Title which can be given effect without the invalid provision. The invalidation of the application of any Section, sentence, clause, phrase, word, portion, or provision of this Title to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such Section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.

(Ord. No. 38.858, § 4, 9/2/25)