Milpitas Municipal Code Ch. D.10 Specific Plans

This Chapter establishes the procedures for the preparation, processing, and adoption of Specific Plans in accordance with California Government Code section 65450 et seq.

(Ord. No. 38.858, § 4, 9/2/25)

A. When Required. When required by the Council, the General Plan, or this Title to systematically implement the General Plan for any part of the city, a Specific Plan shall be prepared, processed, approved, and implemented in compliance with this Chapter.

B. Initiation. An application for a Specific Plan may be initiated in the same manner as a Zoning Amendment, see Section D.6.020 (Applicability).

C. Effect of Specific Plan. The regulations provided by an adopted Specific Plan shall replace those of the current or underlying zone or zones, and the development standards and/or design standards or guidelines identified in the Specific Plan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.

(Ord. No. 38.858, § 4, 9/2/25)

A. Filing. A Specific Plan application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Chapter.

B. Required Information. An application for a Specific Plan shall be accompanied by the information and materials required in the City's application form. At a minimum, a Specific Plan application shall include:

1. Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;

2. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation, sewage, water, drainage, solid waste disposal, energy, utilities, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;

3. Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria; and

5. Relationship to General Plan. A statement of the relationship of the Specific Plan to the General Plan.

(Ord. No. 38.858, § 4, 9/2/25)

A. General. A Specific Plan application shall be processed in the same manner as required for General Plans by Government Code section 65350 et seq., and consistent with this Chapter.

B. Director Evaluation. After a proposed Specific Plan application has been filed with the Department, the Director shall review the Specific Plan to determine whether it conforms with the provisions of this Chapter in accordance with Subsection D.2.040.D (Review of Planning Applications).

C. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing. Council shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings).

(Ord. No. 38.858, § 4, 9/2/25)

The Council may adopt a Specific Plan, with or without conditions, only after all of the following findings are made:

A. That the Specific Plan is consistent with the General Plan and other adopted goals and policies of the City;

B. The proposed Specific Plan is in compliance with California Environmental Quality Act requirements;

C. When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and

D. The proposed Specific Plan would not result in a net loss of potential housing units.

(Ord. No. 38.858, § 4, 9/2/25)

A Specific Plan shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section D.10.050 (Findings) are made. A Specific Plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.

(Ord. No. 38.858, § 4, 9/2/25)

A. Development within a Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by the Specific Plan only if first found to be consistent with the Specific Plan, including public works projects or development approvals (e.g., Tentative Map, Conditional Use Permit, Site Development Permit, etc.).

B. Specific Plan Fee. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with California Government Code section 65456.

C. Amendments.

1. An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.

2. An adopted Specific Plan may be amended as often as deemed necessary by the Council, in compliance with California Government Code section 65453.

(Ord. No. 38.858, § 4, 9/2/25)