Milpitas Municipal Code Ch. B.20 Overlay Zones and Standards

This Chapter establishes additional standards for defined areas (i.e., overlay zones) that are applied in addition to standards provided in the base zones. These standards are intended to ensure that proposed uses and development are compatible with existing and future development on neighboring properties and produce an environment of desirable character consistent with the General Plan. The "H" Hillside Combining District is addressed in Chapter B.22 ("H" Hillside Combining District).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of the Freeway Corridor (FC) Overlay Zone is to establish a process to consider an increase in the maximum floor area ratio to accommodate new and infill developments along the freeway corridor.

B. Applicability. The FC Overlay Zone may be combined with any non-residentially zoned property within 300 feet of Interstate 680, Interstate 880, or State Route 237.

C. Development Standards. The development standards for the underlying base zone shall apply, except that an increase of up to 20 percent above the base zone's maximum floor area ratio may be allowed subject to the Review Authority's discretion (e.g., if the maximum floor area ratio is 0.50, eligible properties may submit an application requesting an increase in floor area ratio of up to 0.60).

D. Process.

1. An applicant for a proposed development project on a lot located within the FC Overlay Zone may request an increase in the maximum floor area ratio, pursuant to this Section, as part of the overall project entitlements. The Review Authority may approve, approve with conditions, or deny the request.

2. The Review Authority may deny a request for increased floor area ratio on a lot within the FC Overlay Zone if a finding is made that such increase would be detrimental to public health, safety, or welfare; or that such increase would not be consistent with the nature and configuration of streets, infrastructure, and/or existing or anticipated development in the vicinity of the subject property.

E. Limitations. The FC Overlay Zone may not be combined with any other overlay or other process allowing additional floor area ratio.

(Ord. No. 38.858, § 4, 9/2/25)

The Site and Architectural (S) Overlay Zone applies to areas annexed into Milpitas city limits consistent with Section B.2.040 (Zoning of Annexed Areas). Development in the S Overlay Zone shall comply with all applicable standards and procedures in this Title.

(Ord. No. 38.858, § 4, 9/2/25)