Milpitas Municipal Code Ch. B.12 Metro Specific Plan Zones and Standards

A. Metro Multi-Family High Density Residential (R3-Metro) Zone. The purpose of the R3-Metro Zone is to create and enhance high-density residential areas characterized by a mix of multi-family unit types and small-scale neighborhood businesses where appropriate. The R3-Metro Zone implements the Multi-Family High Density Residential (MFH) land use designation as described in the Metro Specific Plan.

B. Metro Multi-Family Very High Density Residential (R4-Metro) Zone. The purpose of the R4-Metro Zone is to create and enhance very high-density residential areas characterized by low- and mid-rise multi-family residential buildings and compatible commercial uses where appropriate. The R4 Zone is intended to provide for higher-density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks. The R4-Metro Zone implements the Multi-Family Very High Density Residential (VHD) land use designation as described in the Metro Specific Plan.

C. Metro Urban Residential (R5-Metro) Zone. The purpose of the R5-Metro Zone is to create and enhance very high-density residential areas characterized by high-rise residential buildings and compatible commercial uses structured around transit stations. The R5-Metro Zone implements the Urban Residential (URR) land use designation as described in the Metro Specific Plan.

D. Metro High Density Mixed Use (MXD2-Metro) Zone. The purpose of the MXD2-Metro Zone is to create and enhance areas with a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor and residential or office uses on upper stories, while maintaining a pedestrian-oriented streetscape. It is intended that the required active ground floor uses will ensure neighborhood-oriented retail and services are provided within walking distance of high-density residential development. The MXD2-Metro Zone implements the Residential Retail Mixed Use (RRMU) land use designation as described in the Metro Specific Plan.

E. Metro Very High Density Mixed Use (MXD3-Metro) Zone. The purpose of the MXD3-Metro Zone is to create and enhance urban areas characterized by a mix of very-high density housing, retail and employment uses. The MXD3-Metro Zone implements the Boulevard Very High Density Mixed Use (BVMU) land use designation as described in the Metro Specific Plan.

F. Metro Business Park Research and Development, Limited Residential (BPRD-R-Metro) Zone. The purpose of the BPRD-R-Metro Zone is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry, with limited, integrated residential development. The BPRD-R-Metro Zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, other light industrial uses, and limited residential uses. It also enables the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-R-Metro Zone implements the Business Park Research and Development, Limited Residential (BPRD-H) land use designations as described in the Metro Specific Plan.

G. Metro Business Park Research and Development (BPRD-Metro) Zone. The purpose of the BPRD-Metro Zone is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry. The BPRD-Metro 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, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-Metro Zone implements the Business Park Research and Development (BPRD) land use designation as described in the Metro Specific Plan.

(Ord. No. 38.858, § 4, 9/2/25)

A. Table B.12.020-A (Metro Specific Plan Zones Use Regulations) sets the land use regulations for Metro 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.12.020-A: Metro Specific Plan 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 All activities must be conducted in spaces which are integral parts of a main building.

2 A Conditional Use Permit is required when not located on the ground floor facing a public street designated as an Activity Street by the Metro Specific Plan Figure 4-6.

3 Limited to accessory use that supports primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and limited retail shall be located on the ground floor and where they can be directly accessed by the public.

4 These uses may be allowed provided they are no more than 10,000 sf in gross floor area and are not open past 10:00 p.m.

5 These uses may be allowed provided the boundary of the parcel on which they are located is not within 1,000 ft of the parcel boundary of one or more of the following uses: community assembly; school, private or public; or trade and vocational schools.

6 Allowed when an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes, and sanitariums), or an accredited school, college, or university. Massage services, limited to massage of the head, neck, shoulders, hands, and feet may be allowed when an accessory use to any permitted or conditionally permitted beauty salon, barbershop, or healing art practices. This Section shall not exempt any person or business from complying with all the provisions of Milpitas Municipal Code Chapter III-6 (Massage Establishments and Practitioners).

7 When located on the ground floor, retail sales of products related to the personal services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10% of the floor area of the business establishment.

8 These uses may be allowed provided the boundary of the parcel on which they are located is not within 1,000 ft of the parcel boundary of one or more of the following uses: any vehicle-related use; transportation passenger terminal/facility without outdoor storage of vehicles; or pawnbroker.

9 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 is not permitted.

10 The vehicle rental agency, excluding the rental vehicles, must be fully enclosed within a building.

11 A Conditional Use Permit is required for storage space that exceeds 25,000 sf, and in no case may storage space exceed 300,000 sf.

12 All operations must be conducted completely within an enclosed building.

13 Disinfecting and extermination businesses are not allowed in any Metro zone.

14 Residential units are not allowed on the ground floor facing any right-of-way designated as an Activity Street or Neighborhood Street by the Metro Specific Plan Figure 4-6, unless allowed by Subsection B.12.040.A (Housing Element Rezone Sites). Other residential spaces such as lobbies and common areas are permitted on the ground floor facing an Activity Street in accordance with Table B.12.020-A (Metro Specific Plan Zone Use Regulations).

15 Applies to parking lots or structures that are primary uses, as defined in Chapter XIII-E.4 (Definitions of Uses).

(Ord. No. 38.858, § 4, 9/2/25)

A. Standards Within The Metro Specific Plan Area. For all sites within the Metro Specific Plan Area, the following Metro Specific Plan development standards and the supplemental standards in Section B.12.040 (Metro Specific Plan Zones Supplemental Standards) apply. When a standard is not listed within the Metro Specific Plan, the standards listed elsewhere within this Title shall apply.

B. General Standards. Table B.12.030-A (Metro Zones Development Standards) establishes the development standards for Metro zones.

Table B.12.030-A: Metro Zones Development Standards

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

Table Notes:

1 When determining the density of non-traditional housing configurations such as group living accommodations and single-room occupancy residences, three bedrooms may be counted as the equivalent of one unit.

2 Maximum allowed FAR is based on the following sliding scale:

• 2.5 for properties farther than 3,000 ft from the Milpitas Transit Center;

• 3.0 for properties within 3,000 ft from the Milpitas Transit Center;

• 3.5 for properties within 2,000 ft from the Milpitas Transit Center;

• 4.0 for properties within 1,000 ft from the Milpitas Transit Center.

3 Within 60 ft of adjacent existing residentially zoned parcels, building height shall be stepped down to a maximum of 10 ft higher than the maximum allowed height of the adjacent parcel.

4 The base or podium of a building may reach 85 ft in height, and a tower with a maximum area of 25% of the base footprint may reach 275 ft in height.

5 Required publicly accessible open space may include one or more of the following types of public open spaces: park, plaza, garden, public sitting area.

(Ord. No. 38.858, § 4, 9/2/25)

A. Housing Element Rezone Sites. Milpitas 2023-2031 Housing Element rezone sites within the Metro Specific Plan are sites R-11 to R-29, which all provide lower-income housing capacity (see Milpitas 2023-2031 Housing Element Table E-14 and Figures E-4 and E-5). Consistent with Subsection C.2.030.B (Housing Element Sites), on these rezone sites (sites R-11 to R-29), the following shall apply:

1. Owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.

2. 100 percent residential use is allowed.

3. A minimum of 50 percent of the floor area in mixed-use projects must be occupied by residential use(s).

B. Block Length.

1. Blocks may not exceed 700 feet in length.

2. Blocks more than 500 feet in length must incorporate a mid-block pedestrian and bicycle through connection.

C. Building Articulation.

1. In the R3-Metro, R4-Metro and R5-Metro zones, the third floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of eight feet.

2. In the MXD2-Metro and MXD3-Metro zones, the fourth floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of eight feet.

3. In the BPRD-R Zone, the fifth floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of eight feet.

FIGURE B.12.040-1: BUILDING STEP-BACK [Figure: FIGURE B.12.040-1: BUILDING STEP-BACK]

4. Nonresidential building façades over 80 feet in length shall break up long street walls through at least two of the following features: recesses a minimum six feet in depth; awnings; colonnades; projections a minimum four feet in depth; step-backs a minimum six feet in depth; window reveals; cornice treatment; and changes in color and material.

5. Nonresidential building height must vary such that the building has at least one change in height of at least one story. This may be achieved through changes in pitch, plane, orientation, a change in the number of stories, differentiated forms, projections and recesses, and/or special architectural features such as towers.

D. Ground Floor Commercial Design Standards. On retail mixed use streets, and in any other areas with ground floor retail, restaurant, and commercial service uses, the following standards apply:

1. Ground floor spaces shall be a minimum of 60 feet in depth for a minimum of 50 percent of the space, and a minimum of 40 feet in depth for any remaining space.

2. Floor to Ceiling Height.

a. Retail. Minimum 18 feet floor-to-floor and a minimum 14 feet clear.

b. Office. Minimum 14 feet.

3. Building Entrances. There shall be at least one entrance per 100 feet of building frontage and the main entrance may not face a parking lot.

4. Wall Plane Articulation. Windows, doors, columns, and other features shall be recessed or project forward, such that there is a six-inch difference between wall and window surfaces and a total of at least eighteen inches from the window to the outermost plane of a wall or column.

5. Floor Elevation. Ground floor elevation shall be no more than two feet above or below the sidewalk level.

E. Building Materials.

1. Ground Floor Materials. All ground floor exterior materials shall be durable, quality materials, such as glass, concrete, precast concrete, aluminum and high quality metal panels, composite panels, stone, and stucco.

2. Nonresidential Building Materials. Primary building materials in all nonresidential construction shall store carbon (e.g., wood, calcium carbonate-based cementitious substances, synthetic limestone).

3. Glass Materials. Glass types shall be clear glass, frit glass, sandblasted glass, spandrel glass, or channel glass. Glazing should provide a high degree of light transmittance and be non-reflective.

4. Roofing Materials. Roof design and materials shall include vegetated roofs, high-albedo built-up roofs, high albedo single-ply roofing, metal, terracotta tile, concrete tile, composite concrete tile, skylights, solar collectors, and photovoltaics.

5. Window Materials. Vinyl-frame windows and doors are prohibited. Wood-framed windows must have metal or fiberglass cladding on the exterior. Metal-frame windows must be thermally broken.

F. Unit Design.

1. A minimum of 10 percent of units in any single residential project shall be designed to be accessible to all users using the principles of Universal Design.

2. Public plazas shall be constructed with ADA-compliant ramps and tactile warning strips at the crosswalks. Equipment and facilities such as tables, trash cans, restrooms, and drinking fountains should allow for universal access, including people of all ages and ability levels.

G. Landscaping and Site Design.

1. All development projects shall include on-site vegetated stormwater treatment and landscaping and shade trees at a rate of one tree per 5,000 square feet of the residential building footprint and one tree for every 10,000 square feet of developed lot area for nonresidential or mixed-use development.

2. Where a creek runs under a site, the applicant must coordinate with the Department to daylight the waterway as part of the site design.

3. All applicants shall also reference the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook.

H. Refuse Enclosures and Utility Equipment. Refuse and recycling container enclosures and utility equipment (mechanical, electrical, and plumbing) may not be located within the front setback. Public utilities are excluded from this requirement. Additionally, the requirements of Section C.2.120 (Refuse and Recycling Areas) apply.

I. Parks and Publicly Accessible Open Spaces.

1. All development projects shall dedicate land for parks if a park is shown on the subject property on Figure 2-16 (Existing and Proposed Parks) of the Metro Specific Plan.

2. Privately-owned public open space must remain accessible and open to the public during business hours. Private single-access gates are prohibited.

3. The Recreational Value System as described in the Metro Specific Plan Section 2.8 (Parks and Public Spaces Framework) shall be used to ensure park improvements provide a diversity of active, contemplative, and social gathering experiences.

4. Parks must be bordered by a public right-of-way such as a street, trail or railroad, on at least three sides, and must be clearly visible and accessible from all abutting rights-of-way.

5. Small neighborhood-serving parks less than one-quarter acre must be located a minimum 500 feet from Montague Expressway, the Great Mall Parkway, or any rail line.

6. Seating shall be provided in all publicly-accessible open spaces. Seating may include both moveable and fixed seating as well as seat walls, steps, boulders, and other multi-use objects and must be placed along pathways and within or near gathering spaces.

J. Common and Private Open Spaces.

1. Private open spaces may take the form of balconies, patios, gardens, porches, decks, or roof decks.

2. Usable open space surfaces may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing, and may not exceed 10 percent slope.

3. Universal access shall be provided to all rooftop amenities. An accessible path to a publicly accessible restroom on an adjacent floor or at the rooftop level shall be provided for any common outdoor open space on the rooftop.

4. A minimum of 10 percent of common rooftop open spaces shall be landscaped using green roofs or planters.

K. Parking Design. Where parking is required or proposed, it must comply with the following:

1. Parking Location. Off-street parking must be located in:

a. Ground-floor "tuck-under" individually secured garages;

b. Shared garages (podium or underground); or

c. Above-ground structures "wrapped" with habitable uses.

2. Tandem Parking. Tandem parking may be provided consistent with Chapter C.6 (Parking and Loading).

3. Ground-Level Visibility.

a. Individually secured garages. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right-of-way, garages shall occupy no more than 50 percent of the frontage of each unit.

FIGURE B.12.040-2: INDIVIDUAL GARAGES [Figure: FIGURE B.12.040-2: INDIVIDUAL GARAGES]

b. Structured Parking. Structured parking may not be located along the ground-level building frontage unless the parking is:

(i) Recessed a minimum of four feet from the rest of the building façade and screened with a living wall or textured or decorative screening; or

(ii) Designed such that the parking area is located in a basement, where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches.

FIGURE B.12.040-3: STRUCTURED PARKING GROUND LEVEL [Figure: FIGURE B.12.040-3: STRUCTURED PARKING GROUND LEVEL]

4. Upper-level Visibility. All upper-level street-facing structured parking must be screened from view from the right-of-way by at least one of the following features:

a. Regular openings designed to resemble windows of habitable spaces that do not reflect the sloping floor lines of interior parking ramps on the facade;

b. A trellis or living wall; or

c. Textured or decorative screening.

5. Vehicle Access. Parking must comply with the following standards:

a. A maximum of one driveway to shared parking is permitted on street frontages up to 120 feet in length; a maximum of two shared driveways are permitted on street frontages exceeding 120 feet in length.

b. Controlled entrances to shared parking facilities (i.e., gates, doors, etc.) shall be located a minimum of 10 feet from the back of sidewalk.

c. Vehicular entrances to parking areas shall be a minimum of 80 horizontal feet from vehicular entrances to parking areas on adjacent properties.

d. Mechanical parking lifts are allowed in all structured parking configurations.

FIGURE B.12.040-4: PARKING ACCESS [Figure: FIGURE B.12.040-4: PARKING ACCESS]

6. Parking Separation. Parking for residential units shall be physically separated from parking for nonresidential uses through a controlled fence, gate, or other barrier.

L. Pedestrian and Bicycle Circulation.

1. A system of pedestrian walkways shall connect all primary buildings entrances on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site usable open space areas, pedestrian amenities, and transit stops.

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

3. Walkways must link the entrances with on-site usable open spaces, on-site services, and other internal facilities.

4. Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.

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

6. 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 barriers.

M. Utilities.

1. Utilities shall be placed in underground or subsurface conduits consistent with Section C.2.150 (Underground Utilities).

2. Utilities shall be screened consistent with Section C.2.140.D (Equipment Screening).

3. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

4. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

5. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this Subsection.

6. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building and be well landscaped.

7. All telecommunications antennas shall be building facade or roof mounted and screened consistent with Section C.2.140.D (Equipment Screening).

8. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e., "stealth" antennas) may be used.

N. BPRD-Metro and BPRD-R-Metro Zones.

1. BPRD Zone Supplemental Standards Apply. All nonresidential development in the BPRD-R-Metro and BPRD-Metro zones must additionally comply with the standards of Subsection B.10.040.D (Special Design Standards in the BPRD Zone). Where standards of this Section B.12.040 applicable to the BPRD-Metro and BPRD-R-Metro zones conflict with those of Subsection B.10.040.D, the more restrictive standard applies.

2. Loading Dock and Doors. In the BPRD-R-Metro and the BRPD-Metro zones, a maximum of two loading docks are allowed for any single project and must be located out of view from the primary abutting right-of-way.

(Ord. No. 38.858, § 4, 9/2/25)