Milpitas Municipal Code Ch. C.2 General Development Standards

The purpose of this Chapter is to prescribe development standards that, except where specifically stated, apply to development in all zones. These standards shall be used in conjunction with the standards for each zone as established in Part XIII-B (Zone Regulations).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Section establishes development standards for accessory buildings and structures.

B. Applicability.

1. Detached Structures. The provisions of this Section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, greenhouses, pool houses, and covered patios which are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as play equipment, decks, and trellises, that are over 18 inches in height and are detached from and accessory to the main building on the site.

2. Attached Structures. The provisions of this Section do not apply to accessory buildings or structures attached to the main building, which shall comply with the requirements of this Title applicable to the main building. Structures with a common wall or roof with the main building shall be considered part of the main building. Allowed building projections into required setbacks are stated in Section C.2.130.B (Encroachment into Required Setbacks).

3. Accessory Dwelling Units. This Section does not apply to accessory dwelling units, which are regulated by Chapter C.10.030 (Accessory Dwelling Units).

4. Fences and Walls. This Section does not apply to fences and walls, which are regulated by Section C.2.040 (Fences, Walls, and Hedges).

C. Relation to Existing Structures. A detached accessory building or structure may only be constructed on a lot on which there is a constructed main building to which the accessory building or structure is related.

D. Development Standards. Accessory structures shall meet the development standards of the zone in which they are located consistent with Part XIII-B (Zone Regulations) except as follows.

1. Limited Total Coverage in the Rear Setback Area.

a. Maximum coverage. All accessory buildings and structures in the required rear setback area, as well as building additions as described in Subsection C.2.130.A.2.b (Building additions for R1 and R2 zones), are limited cumulatively to a total area not exceeding 30 percent of the area of the required rear setback area.

b. Exemptions. Platforms, landing places, concrete slabs, walkways, paved areas, in-ground pools, in-ground spas, and associated decking not covered by a roof or canopy and up to 18 inches above the ground are not counted toward this maximum coverage limitation.

2. Setbacks.

a. Any detached accessory building shall not be located within:

(i) Three feet of any rear lot line or side lot line of the rear half of an adjacent lot; or

(ii) Seven feet of the side lot line of the front half of any adjacent lot.

b. In the case of a corner lot, shall not project beyond the required front setback line or the existing building front setback on the adjacent lot.

c. Eaves of accessory buildings and structures shall not project closer than three feet to any side or rear lot line.

d. Allowed projections into required setbacks are stated in Section C.2.130.B (Encroachment into Required Setbacks).

3. Location Limitation for Residential Zones. A detached accessory building in a residential zone shall be located as follows:

a. On the rear half of the lot;

b. At least six feet from any dwelling existing or under construction on the same lot; and

c. In the R1 and R2 zones, at least 14 feet from a residential structure existing or under construction on any adjacent lot.

E. Specific Standards.

1. Porte-Cocheres. A porte-cochere may be permitted over a driveway in a required side setback area provided the porte-cochere is no more than 24 feet in length, not closer than three feet from the side lot line, and is entirely open on at least three sides, except for the necessary supporting columns.

2. Patio Covers. Patio covers, including but not limited to gazebos and pergolas, must not exceed 12 feet in height.

3. Built-in Barbeque Pits and Water Features. Built-in barbecue pits and water features (e.g., fountains) must not exceed six feet in height.

4. Location Limitation for Community Emergency Caches. Community emergency caches that do not displace required parking for the site and are located in the rear half of the lot are considered accessory uses.

(Ord. No. 38.858, § 4, 9/2/25)

A. Affordable Housing Ordinance. All applicable projects must comply with the affordable housing requirements in Milpitas Municipal Code Chapter XII-1 (Affordable Housing Ordinance).

B. Housing Element Sites.

1. Reused Sites. Reused sites are the opportunity and rezone sites listed in the Milpitas 2023-2031 Housing Element, Appendix E, Tables E-13 and E-14 that are identified for lower-income housing capacity and as a 5th Cycle Housing Element site. On these reused sites, 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. Rezone Sites. Rezone sites are those listed in the Milpitas 2023-2031 Housing Element, Appendix E, Table E14 that are identified for lower-income housing capacity. On these rezone sites, the following shall apply:

a. 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.

b. 100 percent residential use is allowed.

c. A minimum of 50 percent of the floor area in mixed-use projects must be occupied by residential use.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose.

1. This Section establishes standards for fences, walls, dense and continuous hedges, and similar structures to allow for privacy while limiting visual impacts. The purpose of stricter height limits for walls and fences in the front yard is to allow for unobstructed views of traffic to and from driveways; to allow the primary structures on a street to be visible for enhanced safety; and to contribute to the visual character of the neighborhood.

2. This Section establishes standards for all fences and walls, including those not requiring a Building Permit.

B. Standards for Fences, Walls, and Hedges in All Zones. The following standards apply to all fences, walls, and dense and continuous hedges, including all structural support elements (e.g., pilasters, columns, and posts) unless otherwise provided for in this Title.

1. Measurement of Fence and Wall Height. See Subsection A.6.090 (Measuring Height and Number of Stories) for rules for measuring fence and wall height.

2. Prohibited Fences. The following fences are prohibited:

a. Barbed wire fences within four feet of a public sidewalk;

b. Electrically charged or other hazardous fences unless such fencing is required by any City, state, or federal law or regulation or other public agency;

c. Chain link fencing unless for recreational sports courts (e.g., tennis courts), or within a commercial or industrial zone where it is an expansion of an existing approved chain link enclosure and it is not visible from the public right-of-way or public property;

d. Fences that encroach into any public utility or other easement without written approval from the Public Works Director and all affected utility companies; and

e. Fences that encroach into any public easements without written approval from the Public Works Director and all affected public agencies.

3. Design. Concrete block must be finished with stucco (or decorative split-faced block) and capped with a decorative cap. Plain, concrete block material is not allowed for walls or fencing.

4. Intersection Visibility. On corner lots, fences within the visibility triangle (see Figure C.2.040-1 (Visibility Triangle)) may not exceed three feet in height unless approved by the Public Works Director. The visibility triangle is formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured 35 feet from their point of intersection. If no curb exists, the edge of the roadway or vehicular travel area shall be used as the point of measurement.

FIGURE C.2.040-1: VISIBILITY TRIANGLE [Figure: FIGURE C.2.040-1: VISIBILITY TRIANGLE]

5. Safety. All fences, walls, and hedges must be constructed or installed and maintained so that they do not constitute a hazard to traffic, persons, or property.

C. Standards for Fences and Walls on the Valley Floor (outside of the "H" Hillside Combining District).

1. Height Limitations. Fences, walls, dense and continuous hedges, and similar structures are limited to maximum heights as follows:

a. Within required front setbacks. 42 inches.

b. Within required street side setbacks.

(i) Within 10 feet of the property line. 42 inches.

(ii) 10 feet or more from the property line. Six feet.

c. Within required interior side and rear setbacks. Six feet.

2. Exceptions.

a. Building Code. Any fences or railings required by the Building Code are allowed to exceed the maximum height established in this Section.

b. Recreational areas. Fences within a rear or side setback area adjacent to recreational areas, athletic fields, or sports courts may be up to 12 feet in height provided that the portion of the fence higher than six feet is at least 50 percent openwork design.

c. All nonresidential zones. In nonresidential zones, fences within the rear and side setback areas may be up to eight feet in height when approved by the Director through a Minor Site Development Permit.

d. Residential zones. In residential zones, fences within the rear and side setback areas may be up to eight feet in height provided written consent of adjoining residential property owners is received. See Milpitas Municipal Code Title II (Building Regulations) for permit requirements.

e. Screening or security. In commercial, mixed use, and industrial zones, fences or walls used for screening or providing security to mechanical equipment, to provide screening between a parking lot and an abutting residential zone or use (see Subsection C.6.080.I (Screening)), or to provide a buffer between an industrial use and an abutting residential zone or use, may exceed six feet in height to comply with Section C.2.140 (Screening Standards) subject to Review Authority approval.

f. Decorative features. One entry gateway, trellis, or other entry structure is allowed in the required front or street side setback of each lot, provided that the maximum height or width of the structure does not exceed 10 feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and 10 feet.

D. Standards for Fences and Walls within the "H" Hillside Combining District.

1. Development Review. All fences and walls constructed within the crestline zone of protection shall be subject to review and approval by the Planning Commission. Other fences that meet the requirements of this Subsection and do not otherwise require Planning Commission review, may be constructed without further review by the City.

2. Height Limitations. Fences and walls shall not exceed 54 inches in height. Also see requirements in Subsection B.22.180.C.11.

3. Openwork Design. Fences and walls must be of an openwork design which results in at least 75 percent visual transparency within every square foot area, posts excluded.

4. Materials. All fence post and supporting framework material shall be wood in order to maintain the rural character of the hills. Chain link fences and cyclone type fences are not considered an approved material in the area.

5. Exceptions.

a. The following may be allowed with Planning Commission approval of a Site Development Permit consistent with Chapter B.22 ("H" Hillside Combining District):

(i) Fences within the rear and side setback areas which exceed 54 inches in height.

(ii) Fences other than an openwork design.

(iii) Fences around recreational sports courts (e.g., tennis courts) up to eight feet provided that the portion of the fence higher than six feet is an openwork design approved by the Planning Commission, which may be chain link fencing, and screened from the valley floor consistent with Council Resolution No. 6066 (Hillside Landscaping Water Conservation Policy and Fire Hazard Mitigation Measures). The Planning Commission may approve fencing taller than eight feet in height with a Site Development Permit.

(iv) Non-wood material for fence posts.

b. Barbed wire fences, using a post material other than wood, may be erected on any parcel two acres or greater without Planning Commission approval.

(Ord. No. 38.858, § 4, 9/2/25)

The structures and features listed in Table C.2.050-A (Allowed Projections Above Height Limits) may exceed the maximum permitted building height for the zone in which they are located, subject to the limitations stated and provided that no portion of a structure taller than the building height limit contains habitable areas.

Table C.2.050-A: Allowed Projections Above Height Limits

(Ord. No. 38.858, § 4, 9/2/25)

A. Larger Affordable Rental Unit Incentives.

1. Purpose. To encourage the construction of larger affordable rental units, incentives shall be offered to eligible projects.

2. Eligibility. To be eligible for the incentives described in this Subsection, a project must comply with all of the following:

a. The project must include rental units with three or more bedrooms that are deed restricted to a low-income rental price. A low-income rental price shall be affordable to households earning no more than 80 percent of area median income as defined by California Health and Safety Code section 50079.5.

b. The project must comply with all requirements in Milpitas Municipal Code Chapter XII-1 (Affordable Housing Ordinance) with no exceptions under Milpitas Municipal Code Section XII-1-4 (Exceptions to On-Site Development of 15 Percent Affordable Units).

3. Incentives. The following incentives shall be granted to eligible projects:

a. Low-income rental units with three or more bedrooms shall count as no more than one dwelling unit for purposes of density calculations.

b. The following incentives shall be granted to projects that include at least 40 percent of the total units as low-income rental units with three or more bedrooms:

(i) Reduction in required setbacks for the project, up to a maximum reduction of 30 percent.

(ii) Reduction in common open space requirements for the project, up to a maximum reduction of 30 percent.

4. Agreement. A developer electing incentives under this Section shall execute a legally binding agreement with the City that ensures the affordability of the units qualifying the projects for incentives. The agreement shall be similar to a density bonus agreement described in Section C.12.080 (Density Bonus Agreement).

B. Lot Consolidation Incentives.

1. Purpose. To encourage the assembly of smaller existing lots into larger lots that can be more efficiently developed into higher density housing or mixed-use projects, incentives shall be offered to eligible projects.

2. Eligibility.

a. The lot consolidation incentive request must be proposed and processed concurrently with a multi-family or residential mixed-use project.

b. Consolidation of existing smaller lots into a project site of one acre to two acres shall be eligible for one incentive.

c. Consolidation of existing smaller lots into a project site of greater than two acres shall be eligible for two incentives.

3. Incentives. The following incentives shall be granted to eligible lot consolidation projects:

a. Reduction in required setbacks, up to a maximum reduction of 10 percent.

b. Reduction in required guest parking, up to a maximum reduction of 20 percent.

c. Reduction in common open space requirements, up to a maximum reduction of 10 percent.

C. Sustainability Incentives.

1. Purpose. To encourage energy efficiency and building decarbonization, incentives shall be offered to eligible projects.

2. Eligibility. Projects that exceed required energy efficiency standards, including but not limited to local, regional, and state building codes, shall be eligible for incentives.

3. Incentives. Eligible projects shall receive streamlined review by the Department, as feasible based on Department resources.

D. Affordable Housing Density Bonus Incentives. See Chapter C.12 (Density Bonus for Affordable Housing Developments).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of this Section is to provide standards for outdoor lighting in order to maintain adequate visibility and safety, conserve energy, and protect against glare and excessive lighting. This Section is intended to minimize outdoor artificial light that may have a detrimental effect on the environment and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary intrusion of light onto adjacent properties.

B. Applicability.

1. New Projects, Alterations, and Additions. The standards in this Section apply to all new construction and to exterior alterations and additions that involve installation of new exterior light fixtures and/or replacement of existing exterior light fixtures. Any new outdoor lighting installed on a building or parcel must meet the requirements of this Title for shielding and lamp type.

2. Exemptions. The following lighting is exempt from the provisions of this Section.

a. Public and private street lighting.

b. Athletic field lights used within a school campus or public or private park.

c. Safety and security lighting for public facilities.

d. Lighting of state and federal facilities.

e. Temporary construction and emergency lighting provided the lighting is discontinued immediately upon completion of the construction work or abatement of the emergency.

f. Temporary seasonal lighting related to cultural or religious celebrations using low wattage bulbs (15 lumens or less).

g. Underwater lighting that is used for the illumination of swimming pools and decorative water fountains.

h. Special event lighting approved by the City.

3. Compliance with Applicable Codes. All outdoor lighting fixtures must be installed and maintained in compliance with the provisions of this Section and all applicable Building Codes.

C. General Requirements.

1. Design. Outdoor lighting shall be designed to be an integral part of the built environment, reflecting a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community, while still employing Crime Prevention Through Environmental Design (CPTED) principles.

2. Controls. All exterior lighting must be capable of accepting controls that enable dimmers, timers, motion sensors, or networking to avoid unnecessary lighting and energy use, especially in areas adjacent to sensitive habitat, such as riparian habitat, streams, and wetlands.

3. Shielding.

a. General. Exterior lighting shall be shielded or recessed and directed downward and away from adjoining properties and public rights-of-way.

b. Partial shielding. Exterior light fixtures that have a maximum output of 1,000 lumens may be partially shielded using a semi-translucent barrier, provided that the lamp is not visible from offsite, no direct glare is produced, and the fixture has an opaque top to keep light from shining directly up.

c. Unshielded fixtures. Exterior light fixtures that have a maximum output of 400 lumens, regardless of the number of bulbs, may be left unshielded provided that the fixture has an opaque top to prevent the light from shining directly up.

d. Accent lighting. Architectural and landscape features may be illuminated by uplighting, provided that the light is effectively contained by the structure or landscaping, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is produced. For national flags, statues, public art, or other objects of interest that cannot be illuminated with down-lighting, upward lighting may only be used in the form of one narrow-cone spotlight that confines the illumination to the object of interest.

e. Any light fixture located within 25 feet of a residential zone or public right-of-way must utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass onto adjacent property or the right-of-way line. If an external shield is used, its surface must be painted black to minimize reflections.

FIGURE C.2.070-1: SHIELDING CONFIGURATIONS [Figure: FIGURE C.2.070-1: SHIELDING CONFIGURATIONS]

4. Maximum Height. Pole-mounted lighting shall comply with the following height standards:

a. Within 100 feet of a residential zone. 16 feet.

b. Parking lot illumination. 15 feet.

c. Other locations. 25 feet.

d. Exceptions. The Review Authority may allow additional height for activities, uses, or development with unique lighting needs, such as accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.

5. Light Trespass Standard. All light fixtures must be located, aimed, and shielded to prevent light trespass onto adjacent properties. The light level at the property lines must not exceed 0.3 foot-candles.

6. Time Limits for Outdoor Lighting. All outdoor lighting in nonresidential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building or all buildings on the site are not in use and the lighting is not required for security.

7. Lighting that Changes Color. Decorative lighting that changes colors is only permitted to change color every two minutes.

8. Sign Illumination. Standards for external and internal sign illumination are provided in Chapter C.8 (Signs).

D. Supplemental Requirements.

1. Multi-Unit Residential Building Lighting Standards.

a. Lighting in parking, garage, and carport areas shall be maintained with a minimum of one foot-candle of illumination at the ground level during the hours of darkness.

b. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

2. Nonresidential Building Lighting Standards. Ground-floor building façades and other areas, including parking lots, driveways, pedestrian and bicycle circulation areas, and recesses, shall be illuminated with lighting fixtures that meet the following minimum standards:

a. All exterior doors: 0.5 foot-candle at ground level.

b. Open parking lots: One foot-candle at ground level.

c. Pedestrian paths/bike paths: One foot-candle at ground level.

d. Covered parking: Five foot-candles at ground level.

E. Prohibited Outdoor Lighting. The following types of outdoor lighting are prohibited:

1. Outdoor floodlighting;

2. Searchlights, sky beams, strobe lights, laser lights, or similar high intensity light, except as necessary for official emergency services or for meteorological data gathering purposes;

3. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination;

4. Lighting that results in glare to motor vehicles on public rights-of-way;

5. Mercury vapor lights; and

6. Aerial lasers.

(Ord. No. 38.858, § 4, 9/2/25)

A. New residential and mixed-use projects for which state law limits the City's application of design standards to objective standards must comply with the Milpitas Residential and Mixed-Use Objective Design Standards. Eligible projects that comply with the Objective Design Standards shall qualify for streamlined ministerial review consistent with California Government Code section 65913.4.

B. Where standards of this Title conflict with the Objective Design Standards, the Objective Design Standards control.

(Ord. No. 38.858, § 4, 9/2/25)

A. New residential and mixed-use projects shall comply with the usable open space standards established in the Milpitas Residential and Mixed-Use Objective Design Standards and Part B (Zone Regulations).

B. Where usable open space standards of this Title conflict with the Objective Design Standards, the Objective Design Standards control.

(Ord. No. 38.858, § 4, 9/2/25)

Outdoor display and sales shall be located, developed, and operated in compliance with the following standards.

A. Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section D.4.040 (Temporary Use Permits).

B. Produce Displays. The outdoor display of fresh produce associated with an existing food and beverage retail sales establishment on the same site is allowed, subject to the following standards:

1. The display shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

2. All produce shall be removed or enclosed at the close of each business day.

C. Permanent or Ongoing Outdoor Display and Sales. The permanent or ongoing outdoor display of merchandise, except for vehicle sales and leasing, shall comply with the following standards:

1. Relationship to Primary Use. The outdoor display and sales area shall be directly related to a business occupying a principal structure on the same parcel.

2. Allowable Merchandise. Only merchandise sold at the business is allowed to be displayed outdoors.

3. Location. The displayed merchandise shall occupy a fixed and defined location, shall not disrupt the normal function of the site or its circulation, and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

4. Size Limits. Permitted as an accessory use where the outdoor display and sales occupies less than 200 square feet or five percent of the indoor retail space, whichever is less. Additional area may be allowed with approval of a Minor Conditional Use Permit.

D. Outdoor Vending Machines Prohibited. Outdoor vending machines other than those for the sale of newspapers is prohibited.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purposes of this Section are to:

1. Ensure that uses and activities are conducted in a manner that protects the public health and safety and does not produce adverse impacts on surrounding properties or the community at large.

2. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions; and

3. Protect industry from arbitrary exclusion from areas of Milpitas.

B. Applicability. The standards of this Section apply to all uses and properties in all zones, unless otherwise specified. The standards established by this Section are minimum requirements and shall not be construed to prevent the Council, the Planning Commission, or the Director from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.

C. Measurement of Impacts. Measurements necessary for determining compliance with the performance standards of this Section shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

D. Electromagnetic Interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities, and processes shall comply with the applicable Federal Communications Commission regulations.

E. Radioactivity. No radiation of any kind shall be emitted that is dangerous to humans.

F. Fire and Explosive Hazards. All activities, processes, or uses involving the storage, use of, transportation, or production of products which, in the raw or finished state, constitute a flammable or explosive material or volatile extraction, shall be subject to approval by the Fire Department. All incineration is prohibited except for those substances including, but not limited to, chemicals, insecticides, hospital materials and waste products required by law to be disposed of by burning, and those instances where the Fire Department deems it a practical necessity.

G. Glare. Uses, activities, buildings, structures, and processes shall not produce glare perceptible beyond the boundaries of the lot where the use is located. Exterior lighting must comply with Section C.2.070 (Lighting and Illumination).

H. Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations, the California Fire and Building Codes, Milpitas Municipal Code Chapter V-300 (Fire Code), as well as the laws and regulations of the California Department of Toxic Substances Control and the County of Santa Clara Environmental Health Department.

I. Heat and Humidity. Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with the ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase of more than five degrees Fahrenheit on another property.

J. Noise. Noise standards are established in the Noise Element of the General Plan and Milpitas Municipal Code Chapter V-213 (Noise Abatement). Additionally, the following standards shall apply.

1. Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to a noise that exceeds the levels contained in Tables N-1, N-2, and N-3 in the General Plan.

2. Noise Attenuation Measures.

a. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels as determined by the Director.

b. Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project.

3. Public Areas. Recorded background music may be permitted outdoors on public sidewalks and in other public areas subject to the standards of this Title and Milpitas Municipal Code V-213 (Noise Abatement).

K. Odors.

1. No use, process, or activity shall produce odors that are perceptible without instruments at the lot lines of a site. Odors from temporary construction, demolition, and vehicles that enter and leave the subject lot (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

2. An odor detected no more than a total of 15 minutes in any one day shall not be deemed to be continuous, frequent, or repetitive.

L. Air Contaminants.

1. Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, or particulate matter.

2. Sources of air emissions shall comply with regulations established by the Environmental Protection Agency, the California Air Resources Board, and the Bay Area Air Quality Management Control District (BAAQMD). Operators of activities, processes, or uses that require "approval to operate" from the BAAQMD, shall file a copy of the permit with the Department within 30 days of permit approval.

M. Vibration.

1. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site.

2. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject lot (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

N. Liquid or Solid Wastes. The handling of liquid or solid wastes shall comply with Milpitas Municipal Code Chapter VIII-2 (Milpitas Sanitary Code), Chapter V-3 (Sewage Disposal), and Chapter V-200 (Solid Waste Management), and applicable regulations established by the State Water Resources Control Board and any other public agency.

O. Hours of Operation. Hours of operation for all uses, activities, and processes may be regulated as determined by the Director, through the conditions of project approval, in order to mitigate impacts on surrounding uses and ensure compliance with the provisions of this Title.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Section establishes standards for refuse and recycling areas consistent with California Public Resources Code section 42900 et seq. and section 40050 et seq.

B. Applicability. Areas for collecting and loading refuse and recyclable materials are required for any project for which a Building Permit is required, except as follows:

1. Projects that consist of interior improvements only; or

2. Single-family dwellings and other uses which participate in the City's curbside trash and recycling program.

C. Size and Number. Refuse and recycling collection areas and bins shall be adequate in capacity, number, and distribution to accommodate all trash, garbage, recyclables, green waste, organic waste, and any other waste until such items are picked up by the City or its contracted collector.

D. Screening. Refuse and recycling areas or bins shall be stored or screened in such a manner that containers are not visible from the right-of-way at the front of the property.

E. Enclosures. Enclosures for dumpsters must comply with the following:

1. When located on the street side of a corner lot, the enclosure must be set back at least as far as the main building.

2. The enclosure must be constructed as a masonry wall using cement block, split-face block, or similar masonry materials. Colors and materials used on the enclosure must complement the colors and materials on the building.

3. Gates shall be solid metal, or other equivalent material approved by the Director, and painted to match the enclosure.

4. The enclosure shall screen the dumpsters, trash compactors, or any other equipment.

5. No net reduction in the number of on-site trees and no loss of protected trees, as defined in Milpitas Municipal Code Section X-2-7.01 (Existing Trees Protected), may be approved to accommodate an enclosure.

6. Trash enclosures shall be located as far away as possible from residential zones and residential uses.

F. Recycling Areas. The design and construction of recycling areas shall be reviewed and approved in accordance with the City Development Guidelines for Solid Waste Services.

(Ord. No. 38.858, § 4, 9/2/25)

A. Setbacks. Projects shall comply with the required setbacks of the zone in which it is located consistent with Part XIII-B (Zone Regulations) except as follows.

1. Front Setbacks.

a. Infill development between projecting buildings. Where a lot is located between two lots, each of which has a main building that is within 25 feet of its side lot lines, which projects beyond the required front setback line and has been so maintained since March 15, 1955, the front setback may be the average of the front yards of the two adjacent buildings.

b. Sloping lot. Where the elevation of the ground at a point 50 feet from the front lot line and midway between the side lot lines, differs 10 feet or more from the curb level, or where the slope (measured in the general direction of the side lot lines) is 20 percent or more on at least one-quarter of the depth of the lot, the front yard may be reduced to 50 percent of the required setback.

2. Rear Setbacks.

a. Alleys. The depth of a required rear setback area may include one-half of the width of an abutting alley.

b. Building additions for R1 and R2 zones. Building additions into the required rear setback area shall be allowed for all legal, conforming single-family and two-family dwellings in the Valley Floor (outside of the "H" Hillside Combining District), consistent with the following:

(i) The dwelling has been constructed in accordance with law and a minimum period of one year has elapsed since the final inspection in compliance with Milpitas Municipal Code Title II (Building Regulations).

(ii) The rear setback area (measured perpendicular to the rear lot line at any point) must not be less than the exterior height of the rear wall of the building addition. The exterior height of the rear wall at any point shall be measured vertically from the ground to top of the wall.

(iii) The building addition must not encroach into a public utility easement and must comply with any other easement requirements.

(iv) The limitation for total coverage in rear setback area is not exceeded consistent with Subsection C.2.020.D.1 (Limited Total Coverage in the Rear Setback).

(v) This Subsection is intended to apply to bona fide building additions not contemplated at the time of original construction, where the owner finds for personal or economic reasons (in a community of growing families and under economic conditions where the purchases of larger homes imposes a heavy financial burden) the need to expand the existing dwelling and would not otherwise be allowed to do so within the required setbacks.

3. Semi-Attached and Attached Dwellings. Dwellings with common party walls shall be considered as one building occupying one lot and no interior side setback shall be required between units or lots.

4. Mixed-use Buildings. The front and side setback areas shall be waived for mixed-use buildings that include dwellings or hotels above the ground floor of a building when the ground floor is designed exclusively for commercial purposes. If the setback abuts any easement(s), the building or any other structure must provide the minimum distance, as determined by the Public Works Director or any other City department's applicable code requirements.

5. Creek/Drainage Channel Setback.

a. A minimum 25-foot setback must be maintained from the top of a creek or drainage channel bank or from any maintenance road for the creek or drainage channel.

b. The top of bank shall be determined as the point beyond which the slope of the upper elevation of land, which confines the channel waters flowing in a watercourse in their normal course of high seasonal flow, does not exceed 10 percent.

c. No structure, fence, parking access, parking space, paved area, or swimming pool shall be constructed within a creek or drainage channel setback. Public roads, sidewalks, paths, trails, and other public facilities may be constructed within the setback.

B. Encroachments into Required Setbacks. Encroachments into required setback areas are allowed consistent with Table C.2.130-A (Allowed Encroachments into Required Setbacks), subject to all applicable requirements of the Building and Fire Codes and any easements.

Table C.2.130-A: Allowed Encroachments into Required Setbacks

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Section establishes standards for the screening and separation of abutting residential and nonresidential uses, outdoor storage areas, and equipment to minimize visual and other potential impacts on adjacent lots and surrounding areas.

B. Screening and Buffer Abutting Residential Zones and Uses.

1. Industrial Uses.

a. Industrial activities must maintain a minimum 15-foot separation from any abutting residential zone or residential use unless a larger setback is required by Part B (Zone Regulations). For additional industrial separation requirements, see Section B.10.040 (Industrial Zones Supplemental Standards).

b. A minimum six-foot masonry or solid fence and/or screening landscaping must be provided and maintained on the interior lot lines of any lot that contains an industrial use and abuts a residential zone or residential use.

2. Commercial Uses. Commercial structures and activities must maintain a minimum 10-foot separation from any abutting residential zone or residential use unless a larger setback is required by Part B (Zone Regulations).The 10-foot buffer area must be landscaped consistent with Chapter C.4 (Landscaping).

C. Outdoor Storage. Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area, or publicly accessible open space area with a solid wall or tight board fence that is:

1. Tall enough to sufficiently screen stored material; and

2. Consistent with this Title; however, the fence or wall may exceed the maximum allowable height consistent with Chapter D.2 (Procedures).

3. Exceptions.

a. Temporary storage of materials reasonably required for construction work on the premises in compliance with a valid Grading Permit or Building Permit.

b. Outdoor sales or uses that by their nature provide outdoor storage, such as auto, trailer, and boat dealers, and equipment rental specified as an allowed land use in the applicable zone.

D. Equipment Screening.

1. Ground-Mounted Equipment. Ground-mounted equipment including, but not limited to, air conditioning units, landscape irrigation controls, transformers, communication equipment, gas meters, water meters, standpipes, fire sprinkler connectors, tanks and other exterior equipment shall comply with the following standards:

a. Location. Ground-mounted equipment must be located outside the front setback and, when no front setback is required, ground-mounted equipment must be outside the area between the street and the building closest to the street. Where it is infeasible to locate ground-mounted equipment outside the front setback, ground-mounted equipment located in the front yard must be screened from public view as provided for in Subsection C.2.140.D.1.b (Screening) below.

b. Screening. Equipment shall be completely screened from view from all public and private streets by dense shrubbery, masonry wall such as split face block or masonry finished to match the building, or other solid screening material utilizing colors and materials which complement the building. Wall and fences must comply with Section C.2.040 (Fences, Walls, and Hedges).

c. No net reduction in the number of on-site trees, and no loss of protected trees, as defined in Milpitas Municipal Code Section X-2-7.01 (Existing Trees Protected), are allowed for the placement of any ground-mounted equipment.

d. Height of ground-mounted equipment.

(i) In commercial and industrial zones, the installed height of the transformer, tank, or equipment shall not exceed the height of the building. Equipment exceeding building height may be approved by the Director if it is proposed at the rear of the building, and the applicant can demonstrate that the equipment will not be seen from the public right-of-way.

(ii) If adjacent to a residential zone, mixed use zone, or a residential use, the maximum installed height shall not exceed six feet.

e. Generators are not allowed adjacent to residential zones or residential use.

2. Rooftop Equipment. All rooftop equipment including, but not limited to, air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets, and adjacent residential zones as follows:

a. All rooftop equipment shall be placed so that it is screened by a screening wall, parapet wall, equipment well, or other device approved by the Review Authority and not visible from public rights-of-way. Exceptions may be granted by the Review Authority where screening is infeasible due to health and safety, structural limitations, or utility requirements.

b. Rooftop equipment screening shall match or be complementary in material and color to the exterior building and may include metal panels, parapet walls, or screens constructed of exterior grade plywood or other durable materials.

(Ord. No. 38.858, § 4, 9/2/25)

A. Residential Zones.

1. Where the allowable dwelling units exceed six for a single parcel or the total area to be subdivided exceeds three acres, all on-site utilities must be placed underground.

2. Television antennas must be centralized for structures of four or more units.

B. Mixed Use, Commercial, and Industrial Zones. All electrical, telephone, cable television, and similar distribution lines providing direct service to new development shall be installed underground within the site.

C. Waiver. Undergrounding requirements may be waived by the Review Authority upon determining that underground installation is unreasonable or impractical consistent with Milpitas Municipal Code Subsection XI-1.02 (Utilities).

(Ord. No. 38.858, § 4, 9/2/25)