Milpitas Municipal Code Ch. B.10 Industrial Zones and Standards

The purpose of the industrial zones are as follows:

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

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

C. Industrial Park (MP) Zone. The Industrial Park (MP) Zone is intended to accommodate, in a park-like setting, a limited group of research, professional, packaging and distribution facilities and uses that are not associated with noise, odor, and similar impacts.

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

(Ord. No. 38.858, § 4, 9/2/25)

A. Table B.10.020-A (Industrial Zones Use Regulations) sets the land use regulations for industrial zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

B. Land uses not listed in the table and not substantially like the uses below are prohibited unless the Planning Commission approves a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits) and finds that use will not have adverse impacts or be more detrimental to the public welfare than any other use explicitly, with or without a Conditional Use Permit, in the same zone.

C. All uses shall be conducted entirely within enclosed structures, unless specifically noted or otherwise approved by the Director or Review Authority.

Table B.10.020-A: Industrial Zones Use Regulations

"P" = Permitted Use / "MC" = Minor Conditional Use Permit approved by Zoning Administrator required / "MCS" = Minor Conditional Use Permit approved by Director required / "C" = Conditional Use Permit required / "-" = Not Allowed

Table Notes:

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

2 Maximum 8,000 gross square feet in size.

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

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

5 Dealerships shall be on a property of at least three acres. Boat and camper sales are prohibited. Vehicle rental and repair must be accessory to a dealership.

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

7 Consistent with the intent and purpose of the BPRD Zone to support emerging industries within the high-tech sector, manufacturing and assembling of electric vehicles and other zero-emission vehicles, and/or component parts for such vehicles, may be permitted in this zone through approval of a Minor Conditional Use Permit in accordance with Subsection D.4.030 (Use Permits). Heavy industrial uses, including manufacturing and assembling of conventional and hybrid vehicles with internal combustion engines, are not permitted in the BPRD Zone.

8 Warehousing and distribution facilities up to 200,000 square feet are permitted in the BPRD Zone. Warehousing and distribution facilities that exceed 200,000 square feet may be allowed through the approval of a Conditional Use Permit, in accordance with Subsection D.4.030 (Use Permits). In addition to the general required findings for a Conditional Use Permit, the following special finding must be made for approval to be granted for a warehousing and distribution facility greater than 200,000 square feet: That the proposed use will support the continued operations and/or growth of business in the high-tech sector, contributing to economic activity and employment opportunities in the Business Park Research and Development Zone.

9 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).

(Ord. No. 38.858, § 4, 9/2/25)

Table B.10.030-A (Industrial Zones Development Standards) establishes the development standards for residential zones.

Table B.10.030-A: Industrial Zones Development Standards

ft = feet / sf = square feet / du = dwelling unit / FAR = floor area ratio / n/a = not applicable

Table Notes:

1 Height must comply with standards for both height in feet and number of stories.

(Ord. No. 38.858, § 4, 9/2/25)

A. Community Assembly in Industrial Zones.

1. Community assembly is prohibited in the Heavy Industrial (M2) Zone and Business Park Research and Development (BPRD) Zone. When any community assembly use is established in the Light Industrial (M1) or Industrial Park (MP) zones, the community assembly use shall be subject to the following requirements:

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

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

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

2. No new structure shall be constructed within the M1 or MP zones for use as community assembly and no more than 50 percent of the square footage of any existing structure within the M1 or MP zone shall be converted to use as community assembly.

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

B. All Uses in the BPRD Zone. All uses and activities in the BPRD Zone must take place within an enclosed building.

C. Special Development Standards in All Industrial Zones. The following standards shall apply in all industrial zones:

1. Industrial buildings and any outdoor storage shall be located at least 100 feet from the nearest property line of any residential zone.

2. Outdoor storage areas shall not be within any required front or street side setback area and must be screened with a solid wall or opaque fence consistent with Section C.2.140 (Screening Standards).

D. Special Design Standards in the BPRD Zone.

1. Building Entrances.

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

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

2. Façade Design and Articulation.

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

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

FIGURE B.10.040-1: FAÇADE DESIGN AND TRANSPARENCY [Figure: FIGURE B.10.040-1: FAÇADE DESIGN AND TRANSPARENCY]

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

3. Pedestrian and Bicycle Circulation.

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

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

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

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

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

FIGURE B.10.040-2: ON-SITE CIRCULATION [Figure: FIGURE B.10.040-2: ON-SITE CIRCULATION]

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

a. Landscaped areas and usable outdoor common open space equal to a cumulative 10 percent of the site area that:

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

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

(iii) Is separated from on-site parking areas by a minimum of six feet.

(iv) May include on-site stormwater treatment areas and landscaped areas.

b. A minimum of 400 square feet of outdoor eating facilities for the use of employees. Outdoor eating areas shall have a minimum dimension of 12 feet and shall include tables, seating and covering to provide protection from sun and weather conditions. Employee eating areas must be contiguous with required on-site public open space or provided in a separate area. This area may be included as part of the open space requirement.

(i) Stormwater detention facilities incorporated into the site landscaping. Refer also to Milpitas Municipal Code Subsection VIII-5-3 (Provisions for New and Rehabilitated Landscapes).

(ii) A lighting, landscaping, and signage design concept for common areas. Refer also to Section C.2.070 (Lighting and Illumination) for general lighting standards and to Chapter C.8 (Signs).

5. Parking and Loading.

a. Parking location.

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

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

(a) From streets. Where parking is located between a building and street, a landscaped setback at least 10 feet wide must be provided between the parking area and adjacent right-of-way. Parking for trucks and large vehicles must be set back at least 40 feet from the street.

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

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

b. Parking design.

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

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

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

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

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

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

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

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

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

(Ord. No. 38.858, § 4, 9/2/25)