Milpitas Municipal Code Ch. C.4 Landscaping Standards

A. The purpose of this Chapter is to:

1. Improve the appearance of the community by requiring permanently maintained landscaping;

2. Aid in energy conservation by providing shade from the sun and shelter from the wind;

3. Promote conservation and efficient use of water;

4. Improve the appearance of parking lots and other development through landscaping;

5. Minimize or eliminate conflicts between potentially incompatible but otherwise allowed land uses on adjoining lots through landscaping;

6. Provide opportunities for carbon sequestration;

7. Improve environmental quality by recognizing the many beneficial effects of landscaping, including:

a. Improving air and water quality through natural processes such as photosynthesis and mineral uptake;

b. Maintaining permeable land areas essential to surface water management and aquifer recharge;

c. Reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capabilities of trees and other vegetation; and

8. Preserve existing established tree canopy.

(Ord. No. 38.858, § 4, 9/2/25)

A. General Applicability. This Chapter applies to all new development and improvement of existing uses in Milpitas, including any construction, expansion, or improvement on private property, which requires the issuance of a Building Permit or other approval by the City unless excepted under Subsection C.4.020.B (Exceptions).

B. Exceptions. This Chapter shall not apply to the following:

1. An addition or alteration to an existing single-family dwelling;

2. Construction of accessory dwelling units (see Section C.10.030 (Accessory Dwelling Units and Junior Accessory Dwelling Units));

3. Construction of accessory structures;

4. New project landscape areas of less than 500 square feet;

5. Rehabilitated landscape areas of less than 2,500 square feet;

6. Registered local, state, or federal historic sites; and

7. Ecological restoration projects.

C. "H" Hillside Combining District. Landscaping in the "H" Hillside Combining District must comply with City Council Resolution No. 6066.

D. Water Efficient Landscapes. All landscaping and irrigation shall comply with Chapter VIII-5 (Water Efficient Landscapes).

E. Nonconforming Landscaping. Landscaping that is not consistent with this Chapter shall comply with Section C.18.060.B (Nonconforming Landscaping).

F. Multi-Family and Mixed-Use Projects. Landscaping for multi-family and mixed-use projects shall comply with the Milpitas Residential and Mixed-Use Objective Design Standards.

G. Stormwater Management and Landscape Areas. Landscaped areas may be used for stormwater management practices consistent with Milpitas Municipal Code Chapter XI-16 (Stormwater and Urban Runoff Pollution Control) provided the requirements of this Chapter are met.

(Ord. No. 38.858, § 4, 9/2/25)

A. Application Requirements.

1. Filing and Review. A conceptual landscape plan demonstrating compliance with the standards of this Chapter shall be prepared, filed, and processed concurrently with any required planning permit or approval in compliance with Chapter D.2 (Procedures) and this Section. If no planning permit or approval is required, a landscape plan shall be submitted as part of a Building Permit, Grading Permit, or other similar application. If applicable, the landscape plan may be combined with the Landscape Documentation Package required by Milpitas Municipal Code Chapter VIII-5 (Water Efficient Landscapes).

2. Preparation by Landscape Professional. All landscape plans for commercial, industrial, institutional, and residential projects consisting of two or more, shall be prepared by a California registered landscape architect or licensed landscape contractor. A written statement from the landscape professional must be included on the landscape plan indicating compliance with this Chapter.

B. Alternative Landscape Plan Requirements.

1. Purpose. An applicant may demonstrate that the intent of the landscape requirements of this Chapter can be achieved through an alternative landscape plan.

2. Filing and Review. An alternative landscape plan shall be filed and processed in the same manner as a conceptual landscape plan consistent with Subsection C.4.030.A (Application Requirements); however, an alternative landscape plan must clearly detail the modifications being requested from the standards of this Chapter.

3. Criteria for Approval. The Review Authority may approve a landscape plan, with or without conditions of approval, only after finding that the landscape plan meets one or more of the following criteria:

a. Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use;

b. Preservation or incorporation of existing native vegetation and documentation and proposed removal of existing invasive species;

c. Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design; this may include reduced ground-level planting along the street or within the front setback area if canopy shade trees along sidewalks are provided; and/or

d. Use of additional shade trees to create a greater canopy effect.

(Ord. No. 38.858, § 4, 9/2/25)

A. Front and Street-Side Setbacks.

1. All required front and street-side setback areas, except for areas used for vehicles (i.e., parking and driveways), must be landscaped.

2. A landscaped area must be installed between a wall or fence that fronts a street and the property line unless the wall or fence is at the property line.

3. The portions of a nonresidential building that are greater than two feet from the property line and that front a public street must have one or more landscape planters installed along a minimum of 20 percent of the building face. The minimum width of the planter must be three feet or the entire distance between the building and the property line.

FIGURE C.4.040-1: NONRESIDENTIAL BUILDING PERIMETER LANDSCAPING [Figure: FIGURE C.4.040-1: NONRESIDENTIAL BUILDING PERIMETER LANDSCAPING]

4. Where buildings are located at the back of the sidewalk on the property line or within two feet of a property line, no landscaped areas are required; however, the sidewalk must be extended to the front of the building and constructed with materials that match the surface of the existing sidewalk.

B. Interior Side and Rear Setbacks.

1. General. All required interior side and rear setback areas must be landscaped.

2. Abutting Residential Zones or Uses. Wherever a nonresidential use is located adjacent to a residential zone or use, a landscape buffer shall be provided along interior property lines.

a. Buffer yard landscaping. At least one tree of at least 15-gallon size shall be planted per 20 lineal feet to create a tree canopy over the buffer yard. At least 10 percent of the required trees shall be 24-inch box size, or a minimum of one tree when five to 10 trees are required. In addition, at least three shrubs shall be planted per 20 lineal feet.

b. Buffer yard width. The buffer yard between a nonresidential use and a residential zone or use must comply with the following widths:

(i) Industrial use. Ten foot wide landscaped buffer yard.

(ii) Other nonresidential uses. Six foot wide landscaped buffer yard.

C. Common Open Space Areas. All common open space areas in residential and nonresidential projects must be landscaped.

D. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, must be landscaped or left in a natural state. The Director may waive this requirement for areas planned for near-term future development.

E. Parking Areas. The following standards apply to parking areas for multi-family projects with five or more units and nonresidential parking area with 10 or more spaces.

1. Minimum Landscaped Area in Parking Areas. A minimum of 15 percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, and other plant material, except that only 10 percent is required in the BPRD Zone.

2. Parking Area Landscaping Along the Public Right-of-Way. Along the public right-of-way adjacent to any street front parking there must be a minimum landscape planting area 10 feet wide; however, portions of the right-of-way landscape strip may be reduced to five feet when in the opinion of the Director the following conditions are met:

a. The total amount of required landscaping, as calculated by applying the 10-foot width requirement, is met along the same street frontage, or the size, configuration, topography, or other condition on the site would make the 10-foot requirement impractical.

b. The reduction does not preclude the requirement for adequate shading or screening of the parking area; and

c. The reduction in required width does not impede compliance with any other landscape requirement.

3. Tree Planters Within Parking Areas.

a. Tree well dimension. Tree wells shall have a minimum five-foot dimension between parking spaces.

b. Residential parking. Contiguous parking spaces shall not exceed six spaces without a tree well.

c. Nonresidential parking. Contiguous parking spaces shall not exceed eight spaces without a tree well.

4. Landscaping Adjacent to Paved Areas.

a. All landscaped areas located adjacent to driveways, loading areas, parking lots and sidewalks must be protected along the parking lot side with curbs or wheel stops, or alternative treatments subject to Review Authority approval.

b. A six-inch high curb must be constructed around planter islands.

c. Shade requirements for surface parking areas. Shade trees must be installed to provide shade over 50 percent of a vehicle parking area within 15 years. Areas within the parking area that are excluded from the total vehicle parking area shade requirement include:

(i) The surface parking area covered by solar photovoltaic shade structures, or shade structures;

(ii) Truck loading in front of overhead doors;

(iii) Truck maneuvering and main access roads and driveways not used as back-up areas; and

(iv) Surfaced areas for automobile dealerships and areas used for display, service, and vehicle storage.

(Ord. No. 38.858, § 4, 9/2/25)

A. General.

1. Landscape Components.

a. Required landscaped areas must be planted with a combination of ground covers, shrubs, vines, and trees.

b. Landscaped areas may also include incidental features including stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting.

c. Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

2. Mulch. Landscaped areas shall be top-dressed with a bark chip mulch or an approved alternative, such as those described in Subsection C.4.050.D (Ground Cover Materials), to avoid exposed bare soil.

3. Soil Depth. Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

4. Water Features. Recirculating water must be used for all decorative water features. Where available, water features must use recycled water.

B. Drought-Tolerant Species. A minimum of 75 percent of non-turf landscaped areas shall be planted with native or drought-tolerant planting (as identified in the Bay Friendly Landscape Plant Lists or East Bay Municipal Utility District Plants and Landscapes for Summer-Dry Climates guidebook).

C. Invasive Plants Prohibited. Plant species that are listed by the California Invasive Plan Council (Cal-IPC) as invasive are prohibited. Existing invasive plants and noxious weeds must be removed prior to issuance of a Certificate of Occupancy for a new project.

D. Ground Cover Materials.

1. Crushed rock, mulch, pebbles, stones, and similar non-plant materials, including paved or gravel surfaces, may comprise up to 50 percent of the total required landscaped area.

2. Paved or graveled surfaces may not exceed 10 percent of the total required landscaped area.

E. Turf Allowance.

1. Natural Turf. Natural turf areas must be limited to activity or recreation areas.

2. Synthetic Turf. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation or in high activity or foot-traffic areas (e.g., sports fields, etc.). The following standards apply to synthetic turf.

a. Synthetic turf must consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half inches, unless a lower pile height is required for turf functionality (e.g., athletic field, putting green, etc.).

b. A permeable base and drainage system approved by the City Engineer must be installed underneath the synthetic turf.

c. Synthetic turf must be installed in combination with natural plant materials (e.g., trees, shrubs, and groundcover) to enhance the overall landscaping design.

3. Turf Location. Turf must be located a minimum of six feet from any tree and may not be installed on slopes greater than 25 percent.

F. Size and Spacing. To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:

1. Ground Covers. Ground cover plants other than grass must have a minimum container size of four inches. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one ground cover plant per 12 inches on center or less, except this may be increased to 24 inches on center in the BPRD Zone.

2. Shrubs.

a. All proposed shrubs except accent, color, or ground cover planting shall be a minimum five gallons in size, except this may be decreased to a one-gallon minimum size in the BPRD Zone. However, a 15-gallon minimum size shall be required for screening purposes.

b. The minimum planter width for shrubs is three feet.

G. Trees and Shade.

1. Street Trees.

a. A minimum of one street tree per frontage must be provided, at a minimum average of one tree per 35 linear feet of sidewalk length or street frontage (i.e., 35 feet apart on center). If these are not provided in a landscaped parkway strip between the sidewalk and curb, they must be provided on private property along the street. Corner lots must provide a minimum of two trees (i.e., a minimum of one tree on each frontage).

b. Trees must be planted and spaced to achieve a 50 percent canopy cover after 15 years. Trees must be drawn to scale representing the canopy size at 15 years of growth on the landscape plan.

c. Street trees must comply with Milpitas Municipal Code Chapter X-2 (Tree Maintenance and Protection).

2. Shade Requirements.

a. Shaded landscape areas. Shade trees must be planted to provide shade that covers 30 percent of the landscape areas within 15 years.

b. Shaded hardscape areas. Shade trees must be planted to provide shade that covers 50 percent of hardscape areas, not including parking areas (see Subsection C.6.080.J (Landscaping)), within 15 years.

c. Metro Specific Plan zones. Shade trees within Metro Specific Plan zones shall be provided as follows:

(i) One tree per 5,000 square feet of residential building footprint; and

(ii) One tree per 10,000 square feet of developed lot area for nonresidential or mixed-use development.

3. R1 Zone. Projects in the R1 Zone must comply with the standard of this Chapter, and in no case shall fewer than two trees be required on any developed lot in the R1 Zone.

4. Tree Size and Spacing.

a. The minimum planting size for trees shall be 15-gallon with a one-inch diameter at breast height (DBH), and with 25 percent of all trees on a project site planted at a minimum 24-inch box size, except this may be decreased to a 15 percent in the BPRD Zone.

b. Any tree that cannot be planted in the ground shall be planted in a planter box at least twice the width and depth of the root ball plus one additional foot in container diameter for every four feet of mature tree height. The minimum planter area for trees shall be five feet by five feet.

c. Any tree planted along a lot line or adjacent to a structure must be no closer to the lot line or structure than one-half the diameter of the species' drip line at maturity, measured from the center of the tree.

5. Cumulative Requirement. Other trees required by this Title apply in addition to the requirements of this Subsection. When it is determined that it is not possible to place all required trees on the site, an applicant may request the Review Authority to allow planting in a nearby public facility or payment of an in-lieu fee to replace a portion of the total number of required trees.

6. Tree Staking. Newly planted trees must be staked with supporting metal, wood, or equivalent stakes as approved by the Director, firmly anchored into the ground, and set 12 inches away from the tree trunk on the prevailing wind side. Alternatively, newly planted trees may be supported with double stakes or guy wires and tree guards in accordance with International Society for Arboriculture (ISA) and American National Standards Institute (ANSI) standards. Nursery stakes must be removed when setting the support stakes. Stakes must be removed once trees can stand by themselves.

H. Installation and Completion.

1. Consistency with Approved Plans. All landscaping must be installed consistent with approved plans and specifications in a manner designed to encourage and maintain healthy plant growth.

2. Timing of Installation. Required landscaping must be installed prior to the issuance of a Certificate of Occupancy for the associated project. However, the Director may allow the required landscaping to be installed within 120 days after the issuance of a Certificate of Occupancy in special circumstances related to weather conditions or the availability of plants and other landscape materials. A surety in the amount equal to 150 percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within 120 days, shall be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit, or bond; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.

3. Certification of Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor and a Certificate of Completion shall be submitted to the City by the licensed project contractor. The Certificate must specifically indicate that the plants were installed as specified and that the irrigation system was installed as designed, along with a list of any deficiencies.

I. Maintenance.

1. All required landscaping and structural landscape features such as water features, must be maintained in a healthy condition consistent with the approved landscape plans and to not create a nuisance consistent with Milpitas Municipal Code Chapter V-500 (Neighborhood Beautification). Maintenance includes watering, fertilizing, weeding, cleaning, pruning, trimming, spraying, and cultivating.

2. All landscape materials must be maintained free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and diseases. Dying, decayed, untrimmed, or plant materials showing such damage must be remedied, or replaced in kind consistent with an approved landscape plan.

3. At minimum, trees must be maintained in compliance with Section C.4.060 (Tree Preservation and Maintenance).

4. Prior to the re-occupancy of a building with existing landscaping, all portions of damaged or defective irrigation systems and dead, dying, or damaged ground cover, shrubs, and trees must be replaced.

5. All landscaped areas in a public street, sidewalk, or right-of-way that is abutting a property must be maintained by the adjoining property owner, unless it is maintained through another mechanism such as a homeowner's association or business improvement district.

6. Landscaping must not obstruct a public street, intersection, sidewalk, or right-or-way either physically or visually as determined by the Public Works Director.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Section is intended to support the preservation and maintenance of trees to promote public health, safety, and general welfare.

B. Tree Maintenance and Protection. Trees shall be maintained and protected consistent with Milpitas Municipal Code Chapter X-2 (Tree Maintenance and Protection).

C. Tree Removal Permit. Prior to the removal of any protected tree, as defined in Milpitas Municipal Code Section X-2-7.01 (Existing Trees Protected), associated with a development project, a Tree Removal Permit shall be approved by the Public Works Department consistent with Milpitas Municipal Code Section X-2-4.02 (Permit Required for Removal).

D. Tree Protection During Construction. Trees on a construction site must be protected from encroachment, damage, and destruction by construction activities.

1. Tree Removal and Protection Plan. A tree removal and protection plan shall be required prior to construction on any property or site containing one or more trees. The tree removal and protection plan must clearly depict all trees and include tree protection measures that comply with this Section.

2. Tree Protection Measures. Except as otherwise allowed by the Director, all required tree protection measures must be instituted prior to any construction site activities, including clearing, grading, excavation, or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation.

a. Temporary fencing must be installed along the outer edge of the tree drip lines in compliance with the following:

(i) Fencing shall be flush with the initial (undisturbed) grade;

(ii) Temporary fencing must be polyethylene laminar safety fences or a similar material a minimum of four feet in height and supported on stakes that are securely embedded into the ground;

(iii) Temporary fencing must not be attached to trees;

(iv) No construction activity may occur within the temporary fencing area, and these areas must be kept free of construction materials, vehicles, equipment, and debris; and

(v) Temporary fencing must be installed prior and maintained throughout all land disturbance activities and must not be removed until landscaping is installed or a financial assurance is posted for the required landscaping.

b. When proposed buildings or improvements encroach into the drip line of any tree, special construction practices are required as determined by the Director and based upon recommendations of a certified arborist's or landscape professional's report.

c. The existing ground surface within four feet (measured horizontally) of the base of any tree must not be cut, filled, or compacted. Tree wells may be used where advised and excavation adjacent to any tree shall not be permitted where damage to the root system will result, as determined by a certified arborist or landscape architect.

d. No oil, gas, chemicals, heavy construction machinery or other construction materials must be stored within 10 feet of any tree trunk.

e. No wires, unless those needed for the support of any tree, or signs other than small tree identification signs, must be attached to any tree.

f. The Director shall be notified by any contractor, developer, or owner of any damage that occurs to a tree during construction so that the contractor may administer proper treatment.

(Ord. No. 38.858, § 4, 9/2/25)