Milpitas Municipal Code Ch. D.12 Planned Unit Development

The purpose of Planned Unit Developments is to provide for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to:

A. Provide flexibility by allowing diversification in regulations such as building relationships, setbacks, height limitations, lot sizes, parking, and the amount and location of open space;

B. Ensure substantial compliance with and implement the land use and density policies of the General Plan and any applicable Specific Plan; and

C. Allow for creative development projects that incorporate design features that are more sensitive to site conditions and provide greater amenities than would likely result from conventionally-planned development.

This Chapter establishes the procedures for the review and processing of an application for a Planned Unit Development.

(Ord. No. 38.858, § 4, 9/2/25)

A. A minimum area of a Planned Unit Development shall be one acre; however, a Planned Unit Development may be adopted for an area of less than one contiguous acre upon a finding that the property is suitable as a Planned Unit Development by virtue of its relationship to adjacent parcels and their development plans (existing or proposed) or unique characteristics of the site.

B. Planned Unit Developments shall not be allowed within the Milpitas Metro Specific Plan or Midtown Specific Plan areas.

C. Development standards that are proposed to deviate from the conventional zone regulations shall be prescribed in the Planned Unit Development. Where a Planned Unit Development is silent regarding particular development standards, the development standards of the applicable base zone shall apply.

(Ord. No. 38.858, § 4, 9/2/25)

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

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

1. Proposed land uses, building locations and square footage, density, and floor area ratios;

2. Proposed parks, open spaces, landscape areas, and public art;

3. Proposed pedestrian, bicycle, and vehicular circulation;

4. General Plan and zoning consistency analysis;

5. An identification of deviations requested from applicable base zone development standards and requirements;

6. An explanation or demonstration of why the requested deviation(s) would result in a more desirable development than would otherwise be permitted under the applicable base zone standards; and

7. Any significant public benefit(s) the project would provide to the community.

(Ord. No. 38.858, § 4, 9/2/25)

A. Director Evaluation. After a proposed Planned Unit Development has been filed with the Department, the Director shall review the Planned Unit Development to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Planned Unit Development 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 Planned Unit Development consistent with Section D.2.040.G (Public Hearings).

(Ord. No. 38.858, § 4, 9/2/25)

An application for a Planned Unit Development may be approved, with or without conditions, only after all the following findings are made:

A. The proposed Planned Unit Development is consistent with and conforms to the goals and policies of the General Plan;

B. The proposed Planned Unit Development will not be detrimental to the public interest, health, safety, convenience, and general welfare;

C. The proposed Planned Unit Development is in compliance with the provisions of California Environmental Quality Act;

D. 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;

E. The proposed Planned Unit Development would not result in a net loss of potential housing units;

F. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.) to accommodate the type, scale, and intensity of proposed development;

G. If located within or adjacent to residential areas, the requested changes to base zone regulations are compatible with the character of the residential neighborhood;

H. All new development standards for the proposed project that deviate from the base zoning standards are warranted by the design and amenities incorporated into the project; and

I. The proposed project is demonstratively superior to the development that could occur under the standards applicable to the underlying base zone(s) and will provide superior community design, environmental preservation, and/or substantial public benefit to the community.

(Ord. No. 38.858, § 4, 9/2/25)

A. After a Planned Unit Development has been adopted by the Council, the Planned Unit Development shall be noted on the Zoning Map.

B. Plans for a project in a Planned Unit Development must be consistent with the approved Planned Unit Development plan and any conditions of approval.

(Ord. No. 38.858, § 4, 9/2/25)