Milpitas Municipal Code Ch. B.8 Mixed Use Zones and Standards

A. Mixed Use (MXD) Zone. The Mixed Use (MXD) Zone is intended to encourage a compatible mix of residential, retail, entertainment, office, and commercial service uses within a pedestrian-oriented streetscape.

B. Very High Density Mixed Use (MXD3) Zone. The Very High Density Mixed Use (MXD3) Zone is intended to provide very-high density housing, retail, and employment uses.

C. Neighborhood Commercial Mixed Use (NCMU) Zone. The Neighborhood Commercial Mixed Use (NCMU) Zone is intended to encourage a compatible mix of residential, retail, entertainment, office, and commercial uses. It is intended that the neighborhood-serving active uses such as grocery stores, retail, restaurants, and personal services at key locations on the ground level will help create a pedestrian-oriented streetscape and public spaces. The NCMU Zone is divided into three subdistricts:

1. NCMU1 allows commercial or mixed use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood. The mix of uses may be vertical or horizontal.

2. NCMU2 allows commercial or mixed use development with some active commercial storefronts along the street frontages.

3. NCMU3 allows commercial, mixed use, or residential only development with no minimum commercial FAR. NCMU3 includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

D. Town Center (TC) Zone. The Town Center (TC) Zone is intended to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities, along with some residential uses, in the geographic center of Milpitas to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the city's transportation network. The TC Zone is divided into three subdistricts:

1. TC1 allows commercial or mixed use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood and larger community. The mix of uses may be vertical or horizontal.

2. TC2 allows commercial or mixed use development with active commercial storefronts along the street frontages.

3. TC3 allows commercial, mixed use or residential only development with no minimum commercial FAR. TC3 includes parcels that are less suitable for retail uses, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

(Ord. No. 38.858, § 4, 9/2/25)

A. Table B.8.020-A (Mixed Use Zones Use Regulations) sets the land use regulations for mixed use 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.8.020-A: Mixed Use 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 Commercial athletic facilities may be permitted with approval of a Minor Conditional Use Permit (Director level) in the NCMU1 subzone, in accordance with Subsection D.4.030 (Use Permits), and are permitted in the NCMU2 and NCMU3 subzones.

2 These uses shall not be located within 1,000 ft of the same use.

3 In the NCMU and TC zones only, small grocery stores up to 15,000 square feet are permitted and grocery stores exceeding 15,000 square feet may be permitted subject to approval of a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits). In all other zones, small and large grocery stores are defined and permitted according to the size thresholds stated in Chapter E.4 (Definitions of Uses).

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

5 Medical offices and clinics are permitted in the NCMU Zones when located on upper floors, and may be permitted with approval of a Minor Conditional Use Permit (Director level) in accordance with Subsection D.4.030 (Use Permits) when located on the ground floor.

6 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.

7 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.

8 Excluding long-term parking and storage of vehicles for rent, sale, or lease, must be fully enclosed within a building.

9 Churches and religious institutions are permitted in any location within the MXD, MXD3, NCMU, and TC Zones.

10 Trade and vocational schools may be permitted subject to approval of a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits), provided that they are not found objectionable due to noise, odor, vibration or other similar factors related to health, safety and welfare.

11 Spaces serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted.

12 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.8.030-A (MXD and MXD3 Zone Development Standards) establishes the development standards for the MXD zones. Table B.8.030-B (NCMU Zone Development Standards) establishes the development standards for the NCMU zones. Table B.8.030-C (TC Zone Development Standards) establishes the development standards for the TC zones.

Table B.8.030-A: MXD and MXD3 Zone 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 The minimum density may be reduced for parcels less than 20,000 sf if the Review Authority finds that it is impractical or infeasible to achieve the minimum density and the project is consistent with the City's Housing Element.

3 Density may be averaged over contiguous parcels. Units with four bedrooms shall be counted as 1.5 units when calculating density.

4 Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of the easement as possible.

5 A building's first floor may be recessed from the maximum front and/or street side setback line for the purposes of an arcade, or a small gathering/dining or special entry area. An arcade shall have a minimum height of 8 ft and a minimum width of 8 ft. Other recessed areas may have maximum depth of 10 ft and may not exceed 40% of the building's street facing elevation. An entry door area up to 9 ft wide may be recessed up to 4 ft from the back of the sidewalk.

6 The sidewalk shall be based on either existing sidewalk or an assumed 10-ft wide sidewalk, whichever is wider.

7 Retail, restaurant, childcare, or commercial services uses on the ground floor do not count toward the FAR calculation.

8 An FAR of up to 2.5 for nonresidential buildings may be approved by the Review Authority with a Site Development Permit, in compliance with Subsection D.4.020 (Site Development Permits).

9 There are no FAR or density limits for hotels.

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

11 The Planning Commission may allow building height up to 20 stories with Site Development Permit approval consistent with Subsection D.4.020 (Site Development Permits).

12 Usable open space may be satisfied through a combination of private open space, common open space, and/or publicly accessible open space provided that all applicable minimum requirements and standards for each open space type are complied with (see Milpitas Residential and Mixed-Use Objective Design Standards).

13 Per site requirements may also include areas that are landscaped consistent with Chapter C.4 (Landscaping Standards).

Table B.8.030-B: NCMU Zone Development Standards

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

Table Notes:

1 Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

2 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.

3 For NCMU3 properties, density may be averaged over contiguous parcels.

4 Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of the easement as possible.

5 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as a solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Review Authority during the Site Development Permit process, taking into consideration the nature of adjacent uses.

6 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have discretion to give credit to any retained commercial uses on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

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

Table B.8.030-C: TC Zone Development Standards

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

Table Notes:

1 Residential units with four bedrooms shall be counted as 1.5 units when calculating density.

2 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.

3 For TC3 properties, density may be averaged over contiguous parcels.

4 Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of the easement as possible.

5 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as a solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Review Authority during the Site Development Permit process, taking into consideration the nature of adjacent uses.

6 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have discretion to give credit to any retained commercial uses on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.

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

NCMU2 and TC2 Minimum Commercial Floor Area Diagram [Figure: NCMU2 and TC2 Minimum Commercial Floor Area Diagram]

(Ord. No. 38.858, § 4, 9/2/25)

A. Building Orientation. All buildings shall be oriented towards the street. Primary building entrances shall be oriented toward the street. For buildings located on corner lots, primary building entrances may be oriented toward either street.

B. Front and Street Side Setbacks.

1. Trellises, canopies, and fabric awnings may project up to five feet into minimum front and street side setback areas and public rights-of-way, provided they are not less than eight feet above the sidewalk.

2. In the MXD Zone, balconies, bay windows, porches, stoops, trellises, canopies, and awnings may project into the minimum setback areas provided at least 60 percent of the required setback area is landscaping.

C. Landscaping. All required front and street setback areas shall be landscaped or paved to allow for outdoor seating, display or goods, or street furniture.

D. 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 Subsection 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 Subsection 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.

E. TC Zone Setbacks for Residential Projects. Setbacks for residential projects in the TC Zone shall be determined through a Site Development Permit, except for the Calaveras Boulevard setback.

F. Mixed Use and Residential-Only Development Projects in the NCMU and TC zones.

1. Mixed use developments in the NCMU and TC zones shall provide commercial or active spaces designed to accommodate neighborhood-serving commercial uses at the ground level, and may include residential units. A proposed project in NCMU1, NCMU2, TC1, and TC2 shall include a minimum non-residential component in full compliance with the requirements of its zoning district as defined in section 11-10-6.04 Mixed Use Zone General Development Standards.

2. 100% affordable developments in NCMU1, NCMU2, TC1, and TC2 are exempt from the minimum non-residential requirement.

a. 100 percent of the residential units must be affordable to low-income (earning up to 80 percent of area median income) and/or very low income (earning up to 50 percent of area median income) households, as defined by the U.S. Department of Housing and Urban Development.

b. Affordability requirements shall be administered through a deed restriction, such as a restrictive covenant or other legally enforceable recorded instrument, for a minimum term of 55 years.

G. Park Land and Open Space Requirements for NCMU and TC Zones.

1. Park Land. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per 1,000 population.

a. Park land requirements must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).

2. Publicly Accessible Parks and Open Spaces. All mixed use or residential only projects on sites between three and five acres shall dedicate five percent of total site area to publicly accessible parks and open space. All mixed use or residential only projects greater than five acres shall dedicate 10 percent of total site area to publicly accessible parks and open space. Publicly accessible parks, plazas, and open spaces provided to meet the requirement below may be counted towards the park land requirement above.

3. Usable Open Space. A minimum of 25 percent of the total site shall be usable open space or recreational facilities. Usable open space may be provided as Common Open Space or Private Open Space.

(Ord. No. 38.858, § 4, 9/2/25)